Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
1. This action is in response to the application filed on March 25, 2025. Claim 1 is pending. Claim 1 represent COMMUNICATION DEVICE WITH SECURE DATA PATH PROCESSING AGENTS.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
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 claims at issue 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); 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 reference 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. 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/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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
18/630,537
11,985,155
11,664,186
10,771,980
8,725,123
1. A communications device comprising: one or more communication input/output (I/O) ports, at least one of the one or more communication I/O ports being a wide area network port configured to connect the communications device to a wide area network; memory configured to store a device communication activity policy; a secure execution environment configured to be inaccessible to user application software; one or more secure data path processing agents configured to: execute in the secure execution environment, monitor a device data communications activity through at least one of the one or more communication I/O ports, generate a device data record comprising information about the device data communications activity through at least one of the one or more communication I/O ports, the information configured to assist a network element in determining whether the communications device is operating or has operated in accordance with the device communication activity policy, and send the device data record to the network element over a trusted communication link between the one or more data path processing agents and the network element; and a trusted data path between the one or more data path processing agents and the wide area network port.
1. A communications device comprising: a wide area network port configured to connect the communications device to a wide area network; a secure memory; a secure execution environment configured to be inaccessible to a user application software; and a secure data path processing agent configured to: execute in the secure execution environment; generate a unique identifier for communication to a network element in the wide area network; store the unique identifier in the secure memory; generate a data record; associate the unique identifier with the data record; and send the unique identifier to the network element over a trusted communication link between the secure data path processing agent and the network element.
1. A communications device comprising: a wide area network port configured to connect the communications device to a wide area network; a memory configured to store a device communication activity policy; a secure execution environment configured to be inaccessible to a user application software; and a secure data path processing agent configured to: execute in the secure execution environment; monitor a device data communications activity, the device data communications activity being through the wide area network port; generate a device data record comprising information about the device data communications activity to assist a network element in determining whether the communications device is operating or has operated in accordance with the device communication activity policy; and send the device data record to the network element over a trusted communication link between the secure data path processing agent and the network element.
1. A wireless communications device comprising: an application execution environment and network stack to provide wireless network access for user application software executing in the application execution environment; a policy enforcement client to implement a device communication activity policy applicable to wireless network access provided for the user application software; a wireless modem chipset in network data path communication with the network stack, the wireless modem chipset including a secure execution environment configured to be inaccessible to the user application software, the secure execution environment including signal processing elements and one or more secure data path processing agents configured to: execute in the secure execution environment, monitor a device data communications activity that utilizes the wireless modem chipset to receive and transmit data passing between the network stack and a wireless network, generate a device data record comprising information about the monitored device data communications activity, the information configured to assist a network element in determining whether the wireless communications device is operating or has operated in accordance with the device communication activity policy, and send the device data record to the network element over a trusted communication link between the one or more data path processing agents and the network element; and a trusted data path between the one or more secure data path processing agents and the signal processing elements wide area network port.
1. A communications device comprising: one or more communication input/output (I/O) ports, at least one of the one or more communication I/O ports being a wide area network port configured to connect the communications device to a wide area network; one or more secure data path processing agents configured to: execute in a secure execution environment, monitor communication activity through the wide area network port, generate a device data record comprising information about the communication activity through the wide area network port, and send the device data record to a network element over a trusted communication link between the one or more secure data path processing agents and the network element; and a trusted data path between the one or more secure data path processing agents and the wide area network port.
12,294,602
1. A communications system comprising: a memory configured to store a device communication activity policy applicable to a mobile end-user device; a service controller configured to: maintain a secure data channel between the service controller and the mobile end-user device; receive over the secure data channel a sequence of device data records (DDRs) generated by a secure DDR generator operating on the mobile end-user device, the sequence of DDRs comprising information about a data communications activity of the mobile end-user device; and a policy verification processor configured to: analyze the information about the data communication activity from one or more DDRs in the sequence of DDRs generated by the secure DDR generator of the mobile end-user device, to produce an analysis result; determine, based on the analysis result showing an unexpected policy behavior, that the mobile end-user device is not operating or has not operated in accordance with the device communication activity policy; and upon determining that the mobile end-user device is not operating or has not operated in accordance with the device communication activity policy, initiate an error handling action.
2. Claim 1 of the instant application are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-16, 1-18 and 1-10 of U.S. Patent No(s). 12,294,602; 11,985,155; 11,664,186; 10,771,980 and 8,725,123, respectively, issued to Raleigh. Although the conflicting set of claims are not identical, they are not patentably distinct from each other because a comparison between the two set of claims shows that the instant claim 1 is anticipated by claim 1 of patent(s) ‘602, ‘155, ‘186, ‘980 and ‘123, respectively.
Conclusion
3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EL HADJI SALL whose telephone number is (571)272-4010. The examiner can normally be reached on Monday-Friday 8:00-8:30 (flexible).
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/EL HADJI M SALL/Primary Examiner, Art Unit 2457
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