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 .
This is in response to the application filed 10/18/2024.
Information Disclosure Statement
The IDS filed 10/18/2024 has been considered.
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 and 10 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.
Regarding claim 2, as currently: The wireless device of claim 1, wherein the instructions further cause the wireless device to: determine that a Wi-Fi connection is unavailable; and select the first IMSI in response to determining that the Wi-Fi connection is unavailable. The claim is indefinite because it is not clear how the determining steps takes place or what type of conditions occur. For example, there is no clear timing, nor is it clear how this takes place, and would it actually be reselecting the first IMSI? Additional clarity is needed for this claim to clarify what is accomplished with this claim. Also, if the original number is deleted then how do you recover the number? With the determination of the unavailable connection the limitation creates unclear conditions.
Regarding claim 10, as currently: The at least one non-transitory, computer-readable storage medium of claim 9, wherein the instructions further cause the system to: determine that a Wi-Fi connection is unavailable; and select the first IMSI in response to determining that the Wi-Fi connection is unavailable. The claim is indefinite because it is not clear how the determining steps takes place or what type of conditions occur. For example, there is no clear timing, nor is it clear how this takes place, and would it actually be reselecting the first IMSI? Additional clarity is needed for this claim to clarify what is accomplished with this claim. Also, if the original number is deleted then how do you recover the number? With the determination of the unavailable connection the limitation creates unclear conditions.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Bruner et al., US PGPub 2016/0174069 A1.
Regarding claim 1, Bruner et al., shows a wireless device comprising:
at least one hardware processor; and at least one non-transitory memory storing instructions that, when executed by the at least one hardware processor [0044], cause the wireless device to: select, to fill an empty International Mobile Subscriber Identity (IMSI) value of a bootstrap profile of an Embedded Universal Integrated Circuit Card (eUICC) of the wireless device and using an IMSI provisioning module located on the eUICC (180-188);, a first IMSI from a range of IMSIs stored on the eUICC, the range of IMSIs associated with a mobile network operator; in response to selecting the first IMSI, access a wireless network of the mobile network operator using the first IMSI of the bootstrap profile; in response to accessing the wireless network of the mobile network operator using the first IMSI, receive, over the wireless network, an Embedded Subscriber Identity Module (eSIM) profile comprising a second IMSI associated with the mobile network operator and outside of the range of IMSIs; store, at the eUICC, the eSIM profile; in response to storing the eSIM profile, access the wireless network using the second IMSI of the eSIM profile; and delete the first IMSI of the bootstrap profile (136; Fig. 3; [0032]) from the bootstrap profile (Fig. 1, 3, 6, and 7; [0020], [0024]-[0026] and [0034]-[0040]).
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b. Regarding claim 2, Bruner et al., shows the wireless device of claim 1, wherein the instructions further cause the wireless device to: determine that a Wi-Fi connection is unavailable; and select the first IMSI in response to determining that the Wi-Fi connection is unavailable (Fig. 1, 3, and 6; [0020] and [0024]-[0026]).
c. Regarding claim 3, Bruner et al., shows the wireless device of claim 1, wherein the instructions further cause the wireless device to: in response to accessing the wireless network using the first IMSI of the bootstrap profile, start a timer; and delete the first IMSI from the bootstrap profile in response to expiration of the timer (Fig.3 and 7; [0025]-[0026] and [0031]-[0032]).
d. Regarding claim 4, Bruner et al., shows the wireless device of claim 1, wherein the instructions further cause the wireless device to: prior to selecting the first IMSI, select, to fill the empty IMSI value of the bootstrap profile, a third IMSI from the range of IMSIs, the third IMSI different from the first IMSI; in response to selecting the first IMSI, fail to access the wireless network of the mobile network operator using the third IMSI of the bootstrap profile; and in response to failing to access the wireless network using the third IMSI: delete the third IMSI from the bootstrap profile; and select the first IMSI ( Fig. 3 and 7; [0025]-[0026] and [0031]-[0032]).
e. Regarding claim 5, Bruner et al., shows the wireless device of claim 1, wherein the instructions further cause the wireless device to select the first IMSI from the range of IMSIs using a random or pseudorandom process ([0031] and [0036]; i.e. Random selection of provisioning).
f. Regarding claim 6, Bruner et al., shows the wireless device of claim 1, wherein the instructions further cause the wireless device to: in response to selecting the first IMSI, generate a first authentication key of the bootstrap profile using the first IMSI; and access the wireless network using the first authentication key of the bootstrap profile ([0034]-[0036]).
g. Regarding claim 7, Bruner et al., shows the wireless device of claim 1, wherein the instructions further cause the wireless device to: in response to storing the eSIM profile at the eUICC, receive an input to activate the eSIM profile; and in response to receiving an input to activate the eSIM profile, access the wireless network using the second IMSI of the eSIM profile (Fig. 7; [0037]-[0041]).
h. Regarding claim 8, Bruner et al., shows the wireless device of claim 1, wherein the range of IMSIs comprise at least 1,000 IMSIs [0038].
i. Regarding claim 9, Bruner et al., shows the at least one non-transitory, computer-readable storage medium storing instructions [0044], which, when executed by at least one data processor of a system, cause the system to: select, for a first profile of an Embedded Universal Integrated Circuit Card (eUICC) and using an International Mobile Subscriber Identity (IMSI) provisioning module located on the eUICC (180-188), a first IMSI from a range of IMSIs stored on the eUICC, the range of IMSIs associated with a mobile network operator; in response to selecting the first IMSI, access a wireless network of the mobile network operator using the first IMSI of the first profile; in response to accessing the wireless network of the mobile network operator using the first IMSI, receive, over the wireless network, an Embedded Subscriber Identity Module (eSIM) profile comprising a second IMSI associated with the mobile network operator and outside of the range of IMSIs; store, at the eUICC, the eSIM profile; and in response to storing the eSIM profile, access the wireless network using the second IMSI of the eSIM profile (Fig. 1, 3, 6, and 7; [0020], [0024]-[0026] and [0034]-[0040]).
j. Regarding claim 10, Bruner et al., shows the at least one non-transitory, computer-readable storage medium of claim 9, wherein the instructions further cause the system to: determine that a Wi-Fi connection is unavailable; and select the first IMSI in response to determining that the Wi-Fi connection is unavailable (Fig. 1, 3, and 6; [0020] and [0024]-[0026]).
k. Regarding claim 11, Bruner et al., shows the at least one non-transitory, computer-readable storage medium of claim 9, wherein the instructions further cause the system to: in response to accessing the wireless network using the first IMSI of the first profile, start a timer; and delete the first IMSI from the first profile in response to expiration of the timer (Fig.3 and 7; [0025]-[0026] and [0031]-[0032]).
l. Regarding claim 12, Bruner et al., shows the at least one non-transitory, computer-readable storage medium of claim 9, wherein the instructions further cause the system to: prior to selecting the first IMSI, select, for the first profile, a third IMSI from the range of IMSIs, the third IMSI different from the first IMSI; in response to selecting the first IMSI, fail to access the wireless network of the mobile network operator using the third IMSI of the first profile; and in response to failing to access the wireless network using the third IMSI: delete the third IMSI from the first profile; and select the first IMSI (180-188; Fig.3 and 7; [0025]-[0026] and [0031]-[0032]).
m. Regarding claim 13, Bruner et al., shows the at least one non-transitory, computer-readable storage medium of claim 9, wherein the instructions further cause the system to select the first IMSI from the range of IMSIs using a random or pseudorandom process ([0031] and [0036]; i.e. Random selection of provisioning).
n. Regarding claim 14, Bruner et al., shows the at least one non-transitory, computer-readable storage medium of claim 9, wherein the instructions further cause the system to: in response to selecting the first IMSI, generate a first authentication key of the first profile using the first IMSI; and access the wireless network using the first authentication key of the first profile ([0034]-[0036]).
o. Regarding claim 15, Bruner et al., shows the at least one non-transitory, computer-readable storage medium of claim 9, wherein the instructions further cause the system to: in response to storing the eSIM profile at the eUICC, receive an input to activate the eSIM profile; and in response to receiving an input to activate the eSIM profile, access the wireless network using the second IMSI of the eSIM profile (Fig. 7; [0037]-[0041]).
p. Regarding claim 16, Bruner et al., shows the at least one non-transitory, computer-readable storage medium of claim 9, wherein the range of IMSIs comprise at least 1,000 IMSIs [0038].
q. Regarding claim 17, Bruner et al., shows a method comprising: selecting, for a first profile of an Embedded Universal Integrated Circuit Card (eUICC) and using an International Mobile Subscriber Identity (IMSI) provisioning module located on the eUICC, a first IMSI from a range of IMSIs stored on the eUICC, the range of IMSIs associated with a mobile network operator; in response to selecting the first IMSI, accessing a wireless network of the mobile network operator using the first IMSI of the first profile; in response to accessing the wireless network of the mobile network operator using the first IMSI, receiving, over the wireless network, an Embedded Subscriber Identity Module (eSIM) profile comprising a second IMSI associated with the mobile network operator and outside of the range of IMSIs; storing, at the eUICC, the eSIM profile; and in response to storing the eSIM profile, accessing the wireless network using the second IMSI of the eSIM profile (Fig. 1, 3, 6, and 7; [0020], [0024]-[0026] and [0034]-[0040]).
r. Regarding claim 18, Bruner et al., shows the method of claim 17, further comprising: in response to accessing the wireless network using the first IMSI of the first profile, starting a timer ([0025] and [0042]); and deleting the first IMSI from the first profile in response to expiration of the timer (Fig. 3; [0032]).
s. Regarding claim 19, Bruner et al., shows the method of claim 17, further comprising selecting the first IMSI from the range of IMSIs using a random or pseudorandom process (Fig. 7; [0038].
t. Regarding claim 20, Bruner et al., shows the method of claim 17, wherein the range of IMSIs comprise at least 1,000 IMSIs [0038].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Padova et al., US PGPub 2024/0267722 A1 and US Patent 12/477,323 B2, are cited for the similar reference to the IMSI and profile configuration see for example Figure 9A.
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Jin et al., US PGPub 2023/0083018 A1, references eSIM deletion and profile generation [0034]-[0039].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAHVOSH J NIKMANESH whose telephone number is (571)270-5549. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuwen Pan can be reached at (571)272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Seahvosh Nikmanesh/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649
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