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 .
Response to Arguments
Applicant's arguments filed September 15, 2025 have been fully considered but they are not persuasive.
The Applicant amended independent claims 1, 6, 11, and 16 by incorporating the original features of the dependent claims 2 and 3 into each of these independent claims. Even though the Applicant stated that Ryu fails to teach the features of the original claims 2 and 3; however, the Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections. Therefore, previous rejections are maintained.
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 1-4, 6-8, 10-11, 13-16, and 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 5-6, 11, and 16 of copending Application No. 17/816,467 (Amendment dated March 11, 2025) in view of Ryu et al. (hereinafter “Ryu”, US 2022/0338155).
Regarding claim 1, claim 1 of the copending Application No. 17/816,467 recites an apparatus (lines 1-2) comprising:
at least one processor (line 3);
at least one memory including computer program code (line 4);
the at least one memory and the computer program code being configured to, with the at least one processor, cause the apparatus at least to (lines 5-6):
establish a first connection with a communication network utilizing a first set of one or more credentials associated with the communication network (lines 7-8);
receive a first notification from the communication network that uplink data transfer to the data network is not allowed (lines 9-10); and
receive a second notification from the communication network that uplink data transfer to the data network is allowed, wherein the second notification corresponds to successful verification of the apparatus by an authenticating entity (lines 11-13).
Claim 1 of the copending Application No. 17/816,467 does not expressly recite:
the first set of one or more credentials associated with the communication network comprising a subscriber identity;
cause initiation of establishment of a second connection with a data network through the communication network; and
utilizing a second set of one or more credentials associated with the data network, the second set of one or more credentials being different than the first set of one or more credentials, the second set of one or more credentials associated with the data network comprising a service level identity different than the subscriber identity.
In a similar endeavor, Ryu discloses uplink data indication. Ryu also discloses:
the first set of one or more credentials associated with the communication network comprising a subscriber identity (i.e., the identity of the WD such as IMEI as described in paragraph 0226);
cause initiation of establishment of a second connection with a data network through the communication network (i.e., establishing a connection with PGW-C as shown in Fig. 25); and
utilizing a second set of one or more credentials associated with the data network, the second set of one or more credentials being different than the first set of one or more credentials (i.e., using CAA-level UAV identifier as described in paragraphs 0226-0227), the second set of one or more credentials associated with the data network comprising a service level identity different than the subscriber identity (i.e., CCA-level UAV identifier as described in paragraph 0226).
Therefore, it would have been obvious to one of ordinary skilled in the art to modify the teachings of the cited references, and arrive at the present invention.
The motivation/suggestion for doing so would have been to provide services to the wireless device and prevent any unauthorized usage of the network resources.
Claim 2 corresponds to claim 2 the copending Application No. 17/816,467.
Regarding claim 3, claim 1 of the copending Application No. 17/816,467 recites wherein the apparatus is part of user equipment configured to access the data network through the communication network (lines 1-2).
Regarding claim 4, claim 1 of the copending Application No. 17/816,467 recites wherein the user equipment is part of an uncrewed aerial system (UAS) (lines 1-2).
Regarding claim 6, claim 6 of the copending Application No. 17/816,467 recites a method (line 1) comprising:
establishing, by user equipment. a first connection with a communication network utilizing a first set of one or more credentials associated with the communication network (lines 2-3);
receiving, at the user equipment, a first notification from the communication network that uplink data transfer to the data network is not allowed (lines 4-5); and
receiving, at the user equipment, a second notification from the communication network that uplink data transfer to the data network is allowed, wherein the second notification corresponds to successful verification of the user equipment by an authenticating entity (lines 6-8).
Claim 6 of the copending Application No. 17/816,467 does not expressly recite:
the first set of one or more credentials associated with the communication network comprising a subscriber identity;
causing, by user equipment, initiation of establishment of a second connection with a data network through the communication network; and
utilizing a second set of one or more credentials associated with the data network, the second set of one or more credentials being different than the first set of one or more credentials, the second set of one or more credentials associated with the data network comprising a service level identity different than the subscriber identity.
In a similar endeavor, Ryu discloses uplink data indication. Ryu also discloses:
the first set of one or more credentials associated with the communication network comprising a subscriber identity (i.e., the identity of the WD such as IMEI as described in paragraph 0226);
causing, by user equipment, initiation of establishment of a second connection with a data network through the communication network (i.e., establishing a connection with PGW-C as shown in Fig. 25);
utilizing a second set of one or more credentials associated with the data network, the second set of one or more credentials being different than the first set of one or more credentials (i.e., using CAA-level UAV identifier as described in paragraphs 0226-0227), the second set of one or more credentials associated with the data network comprising a service level identity different than the subscriber identity (i.e., CCA-level UAV identifier as described in paragraph 0226).
Therefore, it would have been obvious to one of ordinary skilled in the art to modify the teachings of the cited references, and arrive at the present invention.
The motivation/suggestion for doing so would have been to provide services to the wireless device and prevent any unauthorized usage of the network resources.
Regarding claims 11, and 16, claims 11 and 16 of the copending Application No. 17/816,467 recites an apparatus (line 1 of claim 11) and a method (line 1 of claim 16) comprising:
at least one processor (line 2);
at least one memory including computer program code (line 3);
the at least one memory and the computer program code being configured to, with the at least one processor, cause the apparatus at least to (lines 4-5):
establish a first connection with user equipment utilizing a first set of one or more credentials associated with a communication network (lines 6-7);
send a first notification from the communication network to the user equipment that uplink data transfer to the data network is not allowed (lines 8-9); and
send a second notification from the communication network to the user equipment that uplink data transfer to the data network is allowed, wherein the second notification corresponds to successful verification of the user equipment by an authenticating entity (lines 10-12).
Claims 11 and 16 of the copending Application No. 17/816,467 does not expressly recite:
the first set of one or more credentials associated with the communication network comprising a subscriber identity;
receive a request from the user equipment to establish a second connection with a data network through the communication network; and
utilizing a second set of one or more credentials associated with the data network, the second set of one or more credentials being different than the first set of one or more credentials, the second set of one or more credentials associated with the data network comprising a service level identity different than the subscriber identity.
In a similar endeavor, Ryu discloses uplink data indication. Ryu also discloses:
the first set of one or more credentials associated with the communication network comprising a subscriber identity (i.e., the identity of the WD such as IMEI as described in paragraph 0226);
receive a request from the user equipment to establish a second connection with a data network through the communication network (i.e., establishing a connection with PGW-C as shown in Fig. 25);
utilizing a second set of one or more credentials associated with the data network, the second set of one or more credentials being different than the first set of one or more credentials (i.e., using CAA-level UAV identifier as described in paragraphs 0226-0227), the second set of one or more credentials associated with the data network comprising a service level identity different than the subscriber identity (i.e., CCA-level UAV identifier as described in paragraph 0226).
Therefore, it would have been obvious to one of ordinary skilled in the art to modify the teachings of the cited references, and arrive at the present invention.
The motivation/suggestion for doing so would have been to provide services to the wireless device and prevent any unauthorized usage of the network resources.
Claims 7-8, 10, 13-15, and 18-20 recite similar features to those of recited within claims 2-4. Therefore, they are also rejected at least for the same reasons discussed in claims 2-4.
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 102
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)(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, 4, 6, 8, 10-11, 13-16, and 18-24 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ryu et al. (hereinafter “Ryu”, US 2022/0338155).
Regarding claim 1, Ryu discloses an apparatus (i.e., a wireless device (WD) 1310 as shown in Figs 13 & 25) comprising:
at least one processor (i.e., processing system 1311);
at least one memory including computer program code (i.e., memory 1312 includes instructions 1313);
the at least one memory and the computer program code being configured to, with the at least one processor (i.e., the memory 1312 includes instructions 1313 configured with the processing system 1311 as described in paragraph 0181), cause the apparatus at least to:
establish a first connection with a communication network (i.e., the WD sends an “attach request” message requesting a registration to a communication system and an establishment of a session as described in paragraph 0265) utilizing a first set of one or more credentials associated with the communication network (i.e., the “attach request” message includes an identity of the WD as shown in Fig. 25, and as described in paragraphs 0238, and 0265), the first set of one or more credentials associated with the communication network comprising a subscriber identity (i.e., an identity of the WD such as IMEI as shown in Fig. 25, and as described in paragraphs 0226, 0238, and 0265).
cause initiation of establishment of a second connection with a data network through the communication network (i.e., the “attach request” causes a second connection with a PGW-C as described in paragraphs 0266-0267);
receive a first notification from the communication network that uplink data transfer to the data network is not allowed (i.e., the WD receives a second SM message indicating that the AA for the session is pending indicating that sending one or more packets is not allowed for the WD as described in paragraphs 0269-0270); and
receive a second notification from the communication network that uplink data transfer to the data network is allowed (i.e., the WD receives a second message indicating that sending data is allowed for the session as described in paragraphs 0273-0274), wherein the second notification corresponds to successful verification of the apparatus by an authenticating entity (i.e., the PGW-C performs an authentication-authorization (AA) procedure (e.g., the pending AA) by sending a AA request message to the UAS NS as shown in Fig. 22, and as described in paragraph 0271) utilizing a second set of one or more credentials associated with the data network (i.e., CAA-level UAV identifier as described in paragraphs 0238-0239, and 0226-0227), the second set of one or more credentials being different than the first set of one or more credentials (i.e., the identity of the WD such as IMEI, which is the first set of credentials of claim language, and CAA-level UAV identifier, which is the second set of credential of claim language as described in paragraphs 0226-0227), the second set of one or more credentials associated with the data network comprising a service level identity different than the subscriber identity (i.e., the identity of the WD such as IMEI, which is the first set of credentials of claim language, and CAA-level UAV identifier, which is the second set of credential of claim language as described in paragraphs 0226-0227);
wherein the apparatus refrains from initiating an uplink data transfer to the data network between receipt of the first notification and receipt of the second notification (i.e., the WD is not allowed to send data packets between receiving the AA pending message and AA complete message as shown in Fig. 25, and as described in paragraphs 0269-0273); and
wherein the apparatus is part of user equipment configured to access the data network through the communication network (i.e., the WD sends the attach request to MME through the communication network as shown in Fig. 25).
Regarding claims 4 and 8, Ryu discloses all limitations recited within claims as described above. Ryu also discloses wherein the user equipment is part of an uncrewed aerial system (UAS) (i.e., unmanned aerial system (UAS) as shown in Figs. 16 & 25).
Regarding claim 6, Ryu discloses a method comprising:
establishing, by user equipment, a first connection with a communication network (i.e., the WD sends an “attach request” message requesting a registration to a communication system and an establishment of a session as described in paragraph 0265) utilizing a first set of one or more credentials associated with the communication network (i.e., the “attach request” message includes an identity of the WD as shown in Fig. 25, and as described in paragraphs 0238, and 0265), the first set of one or more credentials associated with the communication network comprising a subscriber identity (i.e., an identity of the WD such as IMEI as shown in Fig. 25, and as described in paragraphs 0226, 0238, and 0265);
causing, by user equipment, initiation of establishment of a second connection with a data network through the communication network (i.e., the “attach request” causes a second connection with a PGW-C as described in paragraphs 0266-0267);
receiving, at the user equipment, a first notification from the communication network that uplink data transfer to the data network is not allowed (i.e., the WD receives a second SM message indicating that the AA for the session is pending indicating that sending one or more packets is not allowed for the WD as described in paragraphs 0269-0270); and
receiving, at the user equipment, a second notification from the communication network that uplink data transfer to the data network is allowed (i.e., the WD receives a second message indicating that sending data is allowed for the session as described in paragraphs 0273-0274), wherein the second notification corresponds to successful verification of the user equipment by an authenticating entity (i.e., the PGW-C performs an authentication-authorization (AA) procedure (e.g., the pending AA) by sending a AA request message to the UAS NS as shown in Fig. 22, and as described in paragraph 0271) utilizing a second set of one or more credentials associated with the data network (i.e., CAA-level UAV identifier as described in paragraphs 0238-0239, and 0226-0227), the second set of one or more credentials being different than the first set of one or more credentials (i.e., the identity of the WD such as IMEI, which is the first set of credentials of claim language, and CAA-level UAV identifier, which is the second set of credential of claim language as described in paragraphs 0226-0227), the second set of one or more credentials associated with the data network comprising a service level identity different than the subscriber identity (i.e., the identity of the WD such as IMEI, which is the first set of credentials of claim language, and CAA-level UAV identifier, which is the second set of credential of claim language as described in paragraphs 0226-0227);
wherein the user equipment refrains from initiating an uplink data transfer to the data network between receipt of the first notification and receipt of the second notification (i.e., the WD is not allowed to send data packets between receiving the AA pending message and AA complete message as shown in Fig. 25, and as described in paragraphs 0269-0273); and
wherein the user equipment is configured to access the data network through the communication network (i.e., the WD sends the attach request to MME through the communication network as shown in Fig. 25).
Regarding claim 10, Ryu discloses an article of manufacture comprising a non-transitory computer-readable storage medium having embodied therein executable program code that when executed by a processor causes the processor to perform the steps of claim 6 (i.e., the memory 1312 includes instructions 1313 configured with the processing system 1311 as described in paragraph 0181).
Regarding claims 11, and 16, Ryu discloses an apparatus (i.e., base station 1320 as shown in Fig. 13), and a method comprising:
at least one processor (i.e., processing system 1321);
at least one memory including computer program code (i.e., memory 1322 including instructions 1323);
the at least one memory and the computer program code being configured to, with the at least one processor (i.e., memory 1322 including instructions 1323 configured with processing system 1321), cause the apparatus at least to:
establishing a first connection with user equipment (i.e., the WD sends an “attach request” message requesting a registration to a communication system and an establishment of a session as described in paragraph 0265) utilizing a first set of one or more credentials associated with a communication network (i.e., the “attach request” message includes an identity of the WD as shown in Fig. 25, and as described in paragraphs 0238, and 0265), the first set of one or more credentials associated with the communication network comprising a subscriber identity (i.e., an identity of the WD such as IMEI as shown in Fig. 25, and as described in paragraphs 0226, 0238, and 0265);
receive a request from the user equipment to establish a second connection with a data network through the communication network (i.e., the “attach request” causes a second connection with a PGW-C as described in paragraphs 0266-0267),);
send a first notification from the communication network to the user equipment that uplink data transfer to the data network is not allowed (i.e., the WD receives a second SM message indicating that the AA for the session is pending indicating that sending one or more packets is not allowed for the WD as described in paragraphs 0269-0270); and
send a second notification from the communication network to the user equipment that uplink data transfer to the data network is allowed (i.e., the WD receives a second message indicating that sending data is allowed for the session as described in paragraphs 0273-0274), wherein the second notification corresponds to successful verification of the user equipment by an authenticating entity utilizing a second set of one or more credentials associated with the data network (i.e., CAA-level UAV identifier as described in paragraphs 0238-0239, and 0226-0227), the second set of one or more credentials being different than the first set of one or more credentials (i.e., the identity of the WD such as IMEI, which is the first set of credentials of claim language, and CAA-level UAV identifier, which is the second set of credential of claim language as described in paragraphs 0226-0227), the second set of one or more credentials associated with the data network comprising a service level identity different than the subscriber identity (i.e., the identity of the WD such as IMEI, which is the first set of credentials of claim language, and CAA-level UAV identifier, which is the second set of credential of claim language as described in paragraphs 0226-0227);
wherein the user equipment refrains from initiating an uplink data transfer to the data network between receipt of the first notification and receipt of the second notification (i.e., the WD is not allowed to send data packets between receiving the AA pending message and AA complete message as shown in Fig. 25, and as described in paragraphs 0269-0273); and
wherein the user equipment is configured to access the data network through the communication network (i.e., the WD sends the attach request to MME through the communication network as shown in Fig. 25).
Regarding claims 13, and 18, Ryu discloses all limitations recited within claims as described above. Ryu also discloses wherein the communication network comprises at least one of a 4G network architecture and a 5G network architecture (i.e., 4G & 5G network as described in paragraph 0236-0237).
Regarding claims 14, and 19, Ryu discloses all limitations recited within claims as described above. Ryu also discloses wherein the authenticating entity comprises a Data Network – Authentication, Authorization and Accounting (DN-AAA) server (i.e., UAS NF and AA server as shown in Fig. 19, and as described in paragraphs 0236-0237).
Regarding claims 15, and 20, Ryu discloses all limitations recited within claims as described above. Ryu also discloses wherein the authenticating entity comprises a UAS Service Supplier (USS) server (i.e., UAS NF and AA server as shown in Fig. 19, and as described in paragraphs 0236-0237).
Regarding claims 21 and 22, Ryu discloses all limitations recited within claims as described above. Ryu also discloses providing, from the user equipment to the communication network, an attach request comprising protocol configuration options including the service level device identity (i.e., the PDN connectivity request comprises the CAA UAV identifier, protocol control options as described in paragraph 0238).
Regarding claims 23 and 24, Ryu discloses all limitations recited within claims as described above. Ryu also discloses receiving, at the communication network from the user equipment, an attach request comprising protocol configuration options including the service level device identity (i.e., the PDN connectivity request comprises the CAA UAV identifier, protocol control options as described in paragraph 0238).
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 WAYNE CAI whose telephone number is (571)272-7798. The examiner can normally be reached Monday-Thursday, 7:00 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KATHY WANG-HURST can be reached on (571)270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Wayne H Cai/Primary Examiner, Art Unit 2644