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 .
DETAILED ACTION
This action is in response to the application filed on 12/27/2024
Claim 1 is pending in this action. Claim 1 is independent
This application claims priority from parent application 17774896 filed 05/06/2022 which claims priority from the provisional application 62933886 filed 11/11/2019.
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.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12225377. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of in claim 1 of the instant application are recited in claim 1 of U.S. Patent No. 12225377.
Claim 1 (Current Application)
Claim 1 (Patent 12225377)
A method performed by a network equipment of a communication network to dynamically provide trust information to a communication device registered to or being registered the communication network, the method comprising: determining a trust information for each of one or more access networks, wherein the trust information indicates whether each of the one or more access networks is trusted;
A method performed by a network equipment of a communication network to dynamically provide trust information to a communication device registered to or being registered the communication network, the method comprising: determining a trust information for each of one or more access networks, wherein the trust information indicates whether each of the one or more access networks is trusted,
wherein the determining a trust information for each of one or more access networks comprises protecting a trust information list with a key shared with the communication device to obtain a protected trust information list;
and indicating to the communication device whether the one or more access networks is trusted for a current session or a later session.
and indicating to the communication device whether the one or more access networks is trusted for a current session or a later session,
wherein the indicating to the communication device whether the one or more access networks is trusted for a current session or a later session comprises sending the protected trust information list toward the communication device.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bi et al, Patent No. CN 101730172, published 2012-07-04.
As for independent claim 1, Bi discloses a system and method performed by a network equipment of a communication network to dynamically provide trust information to a communication device registered to or being registered the communication network, the method comprising: determining a trust information for each of one or more access networks, wherein the trust information indicates whether each of the one or more access networks is trusted; and indicating to the communication device whether the one or more access networks is trusted for a current session or a later session.
(Bi discloses an ANDSF (a network equipment) accessing a network to obtain information to see if it is a “trusted network” and returning that information to a UE which can then access that information (access it for a session), “Picture 4 is the UE from the ANDSF entity obtains the trusted access list of flow chart, as shown in FIG. 4, the UE through S14 interface visited ANDSF entity, information of access network adopts PULL mode application can access to the network to actively, and carries indication information of ‘trusted network’, triggering the ANDSF entity sending to the UE the trusted access list and the ANDSF entity after receiving the signalling, from the access network list currently can access screening out a trusted access network returning the list to the UE. specifically comprising the following steps: … it can access from a current access network list in screening out a trusted access network, through access message response signaling, return supply during handover of the UE to the UE, selecting the access reference. will be shown in can access the trusted access network list entry is notified to the UE.” Page 4)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN C LAWRENCE whose telephone number is (571)272-9833. The examiner can normally be reached Monday-Friday 7:30am-5pm.
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/JOHN CALEB LAWRENCE/Examiner, Art Unit 2646
/JEANETTE J PARKER/Supervisory Patent Examiner, Art Unit 2646
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