DETAILED ACTION
This Office Action is in response to application 19/077758 filed On November 07 , 2023.
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 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.
Claims 1-20 are pending and herein considered.
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 .
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 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.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 the following U.S. Patent No. 10.187376 in view of Innes et al. (Innes) 2014/0331297.
U.S. Patent No. 11,909,730 fails to explicitly disclose: creating, by the first device, a session key for the third device; encrypting, by the first device, the session key using a symmetric key; However, in the same field of endeavor, Innes discloses a system and method for creating, by the first device, a session key for the third device; encrypting, by the first device, the session key (Innes: par. [0156] In step 952, if the signature is valid (step 950: Y), the resource/authentication server may generate and/or send a session key to the proxy device 710. In Kerberos authentication, the resource/authentication server may also send a ticket, such as a TGT or a service ticket, to the proxy device 710. The session key and/or ticket may be encapsulated using another key that the proxy device 710 and/or the client device 705 can decrypt). Giving the teaching of Innes, a person having ordinary skills in the art would have readily recognized the desirability and advantages of modifying U.S. Patent No. 11,909,730, such as disclosed by Innes, in order to improve security and prevent the unauthorized access of session key.
Related Art
The following prior art made of record and cited on PTO-892, but not relied upon, is considered pertinent to applicant’s disclosure:
Vrzic et al. U.S. Pub. No. 2017/0142591 -Vrzic teaches managing a User Equipment (UE) attach request includes instantiating a Global Connection and Mobility Management (G-CMM) function configured to operate across a plurality of network slices in the communications network, determining an appropriate network slice from the plurality of network slices with the G-CMM function, and attaching the UE to the appropriate network slice.
Conclusion
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/VU V TRAN/ Primary Examiner, Art Unit 2491
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