Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
2. This Office Action is in response to application filed on 11/06/2024. Claims 1-38 were previously pending. Claims 1-38 are rejected.
Information Disclosure Statement
3. The information disclosure statement(s) (IDS) submitted on 12/03/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS(s) is/are being considered by the examiner.
Double Patenting
4. 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.
4.1. Claims 1-38 of instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of US Patent 12,167,320. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variants of each.
18939292
17366148
US 12167320
1. A device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the device to:
cause transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receive, from a user device, a first request associated with the first beacon;
suppress, based on a characteristic associated with the user device, the first request such that the user device is caused to transmit a second request associated with the second beacon;
receive, from the user device, a second request associated with the second beacon; and
provide, based on the second request, access to the private wireless network.
1. A method comprising:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receiving, from a user device, a first request associated with the first beacon;
suppressing, based on a characteristic associated with the user device, the first request such that the user device is caused to transmit a second request associated with the second beacon;
receiving, from the user device, a second request associated with the second beacon; and
providing, based on the second request, access to the private wireless network.
12. A non-transitory computer-readable medium storing instructions that, when executed, cause:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receiving, from a user device, a first request associated with the first beacon;
suppressing, based on a characteristic associated with the user device, the first request such that the user device is caused to transmit a second request associated with the second beacon;
receiving, from the user device, a second request associated with the second beacon; and
providing, based on the second request, access to the private wireless network.
1. A method comprising:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receiving, from a user device, a first request associated with the first beacon;
suppressing, based on a characteristic associated with the user device, the first request such that the user device is caused to transmit a second request associated with the second beacon;
receiving, from the user device, a second request associated with the second beacon; and
providing, based on the second request, access to the private wireless network.
23. A device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the device to:
cause transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network, wherein the transmission of the second beacon has an increased rate relative to the transmission of the first beacon when the user device is in proximity to the private wireless network;
receive, from a user device, a request associated with the second beacon; and
provide, based on the request, access to the private wireless network.
12. A method comprising:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network, wherein the transmission of the second beacon has an increased rate relative to the transmission of the first beacon when a user device is in proximity to the private wireless network;
receiving, from the user device, a request associated with the second beacon; and
providing, based on the request, access to the private wireless network.
28. A non-transitory computer-readable medium storing instructions that, when executed, cause:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network, wherein the transmission of the second beacon has an increased rate relative to the transmission of the first beacon when the user device is in proximity to the private wireless network;
receiving, from a user device, a request associated with the second beacon; and
providing, based on the request, access to the private wireless network.
12. A method comprising:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network, wherein the transmission of the second beacon has an increased rate relative to the transmission of the first beacon when a user device is in proximity to the private wireless network;
receiving, from the user device, a request associated with the second beacon; and
providing, based on the request, access to the private wireless network.
33. A device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the device to:
cause transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receive, from a user device, a request associated with the first beacon;
transmit, to the user device and based on a characteristic associated with the user device, a response to the request, wherein the response is associated with the second beacon; and
provide, based on the response associated with the second beacon, access to the private wireless network.
17. A method comprising:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receiving, from a user device, a request associated with the first beacon;
transmitting, to the user device and based on a characteristic associated with the user device, a response to the request, wherein the response is associated with the second beacon; and
providing, based on the response associated with the second beacon, access to the private wireless network.
36. A non-transitory computer-readable medium storing instructions that, when executed, cause:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receiving, from a user device, a request associated with the first beacon;
transmitting, to the user device and based on a characteristic associated with the user device, a response to the request, wherein the response is associated with the second beacon; and
providing, based on the response associated with the second beacon, access to the private wireless network.
17. A method comprising:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receiving, from a user device, a request associated with the first beacon;
transmitting, to the user device and based on a characteristic associated with the user device, a response to the request, wherein the response is associated with the second beacon; and
providing, based on the response associated with the second beacon, access to the private wireless network.
4.2. Claims 1-38 of instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of US Patent 11,082,910. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variants of each.
18939292
15043820
US 11082910
1. A device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the device to:
cause transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receive, from a user device, a first request associated with the first beacon;
suppress, based on a characteristic associated with the user device, the first request such that the user device is caused to transmit a second request associated with the second beacon;
receive, from the user device, a second request associated with the second beacon; and
provide, based on the second request, access to the private wireless network.
1. A method comprising:
causing, by a network device, transmission of a first beacon and a second beacon, wherein the first beacon is associated with a public wireless network, and wherein the second beacon is associated with a private wireless network;
receiving, via the network device, and from a user device, a first request associated with the first beacon;
suppressing, via the network device, and based on a digital fingerprint including historical time frames during which the user device is in proximity to the private wireless network, the first request such that the user device is caused to transmit a second request associated with the second beacon;
receiving the second request from the user device; and
providing access to the private wireless network in response to reception of the second request.
12. A non-transitory computer-readable medium storing instructions that, when executed, cause:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receiving, from a user device, a first request associated with the first beacon;
suppressing, based on a characteristic associated with the user device, the first request such that the user device is caused to transmit a second request associated with the second beacon;
receiving, from the user device, a second request associated with the second beacon; and
providing, based on the second request, access to the private wireless network.
1. A method comprising:
causing, by a network device, transmission of a first beacon and a second beacon, wherein the first beacon is associated with a public wireless network, and wherein the second beacon is associated with a private wireless network;
receiving, via the network device, and from a user device, a first request associated with the first beacon;
suppressing, via the network device, and based on a digital fingerprint including historical time frames during which the user device is in proximity to the private wireless network, the first request such that the user device is caused to transmit a second request associated with the second beacon;
receiving the second request from the user device; and
providing access to the private wireless network in response to reception of the second request.
23. A device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the device to:
cause transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network, wherein the transmission of the second beacon has an increased rate relative to the transmission of the first beacon when the user device is in proximity to the private wireless network;
receive, from a user device, a request associated with the second beacon; and
provide, based on the request, access to the private wireless network.
8. A method comprising:
causing transmission, to a user device, of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network, wherein the transmission of the second beacon is prioritized over the first beacon based on a digital fingerprint including historical time frames during which the user device is in proximity to the private wireless network;
receiving a request from the user device associated with the second beacon; and
providing access to the private wireless network in response to reception of the request.
28. A non-transitory computer-readable medium storing instructions that, when executed, cause:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network, wherein the transmission of the second beacon has an increased rate relative to the transmission of the first beacon when the user device is in proximity to the private wireless network;
receiving, from a user device, a request associated with the second beacon; and
providing, based on the request, access to the private wireless network.
8. A method comprising:
causing transmission, to a user device, of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network, wherein the transmission of the second beacon is prioritized over the first beacon based on a digital fingerprint including historical time frames during which the user device is in proximity to the private wireless network;
receiving a request from the user device associated with the second beacon; and
providing access to the private wireless network in response to reception of the request.
33. A device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the device to:
cause transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receive, from a user device, a request associated with the first beacon;
transmit, to the user device and based on a characteristic associated with the user device, a response to the request, wherein the response is associated with the second beacon; and
provide, based on the response associated with the second beacon, access to the private wireless network.
12. A method comprising:
causing, by a premises network device, transmission of a first beacon and a second beacon, wherein the first beacon is associated with a public wireless network, and wherein the second beacon is associated with a private wireless network;
receiving, via the premises network device, and from a user device, a request associated with the first beacon;
transmitting, via the premises network device, and based on at least an identifier associated with the user device and a digital fingerprint including historical time frames during which the user device is in proximity to the private wireless network, a response to the request, wherein the response is associated with the second beacon; and
providing, to the user device, via the premises network device, and based on the response associated with the second beacon, access to the private wireless network.
36. A non-transitory computer-readable medium storing instructions that, when executed, cause:
causing transmission of a first beacon associated with a public wireless network and a second beacon associated with a private wireless network;
receiving, from a user device, a request associated with the first beacon;
transmitting, to the user device and based on a characteristic associated with the user device, a response to the request, wherein the response is associated with the second beacon; and
providing, based on the response associated with the second beacon, access to the private wireless network.
12. A method comprising:
causing, by a premises network device, transmission of a first beacon and a second beacon, wherein the first beacon is associated with a public wireless network, and wherein the second beacon is associated with a private wireless network;
receiving, via the premises network device, and from a user device, a request associated with the first beacon;
transmitting, via the premises network device, and based on at least an identifier associated with the user device and a digital fingerprint including historical time frames during which the user device is in proximity to the private wireless network, a response to the request, wherein the response is associated with the second beacon; and
providing, to the user device, via the premises network device, and based on the response associated with the second beacon, access to the private wireless network.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Whitsell et al., US 2017/0208091 A1, Method For Preventing Spoofing Of Proximity Beacons Arranged Within Shoe Stores, Involves Performing Comparison Of Beacon Authentication Value To Local Verification Value, And Providing Location Service Based On Comparison Result.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHHIAN (AMY) LING whose telephone number is (571)270-1074. The examiner can normally be reached M-F 9-6 ET.
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, MOO JEONG can be reached at (571)272-9617. 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.
/C.L./
Examiner
Art Unit 2418
/MICHAEL A KELLER/Primary Patent Examiner, Art Unit 2418
Prosecution Insights