DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
On 06/12/2026 a Non-Final office action was mailed to the Applicant. However, the current Application has a submission under 35 U.S.C. 371 with preliminary amendments. Inadvertently a wrong set of claims was examined because of mislabeled. Accordingly, this action replaces the previous one and this action has been made NON-FINAL.
At this time, claims 1-69 are cancelled and claims 70-92 are pending and addressed below.
Claim Objections
Claims 71- 78, 80-92 are objected to because of the following informalities: These claims recite “A MNO gateway”, examiner suggests “ The MNO gateway”. Appropriate correction is required.
As to claims 80-92, the claims recite “ A system“, examiner suggests “ The system “. Appropriate correction is required.
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 obviousness-type 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 Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 70 and 79 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 11 of US patent number 9578480. The conflicting claims are not identical, they are not patentably distinct from each other because the current application contains claims that are similar in scope than the claims of the patent number 9578480 and are anticipated by the claims 1 and 11.
This is a non-provisional obviousness double patenting rejection.
Claim 70 and 79 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of US patent number 10743152. The conflicting claims are not identical, they are not patentably distinct from each other because the current application contains claims that are broader in scope than the claims of the patent number 10743152 and are anticipated by the claim 1.
This is a Non- provisional obviousness double patenting rejection.
Claim 70 and 79 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 10 of US patent number 9130950. The conflicting claims are not identical, they are not patentably distinct from each other because the current application contains claims that are broader in scope than the claims of the patent number 9130950 and are anticipated by the claims 1 and 10.
This is a Non- provisional obviousness double patenting rejection.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Altberg, US 20080255989 (ids Submitted) discloses a communication interface that receives at least one message relating to a real-
time request of a telecommunication function, wherein the at least one message includes
information about at least one user that is initiating or is an intended participant of the
telecommunication function and that has a plan with the MNO.
The prior art does not disclose wherein the information
includes a device identifier and additional data, wherein the additional data represents at
least first information that identifies an application from which the real-time request was
initiated; and functionality that uses said additional data for administering the plan with the
MNO that is associated with the at least one user as similarly recited in independent claims 79.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Finger, Joshua, US10567952, title “ESIM subsidy and operational management.”
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Date: 8/2/2026 /JOSNEL JEUDY/Primary Examiner, Art Unit 2438
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