DETAILED ACTION
The instant application having Application No. 19/201706 filed on May 7, 2025 is presented for examination by the examiner.
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.
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 .
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, found at http:/www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax, which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Applicant is also encouraged to contact the Examiner for an Interview, should the Applicant determine that clarifying and further illustrating the distinguishing features of the instant application may further the prosecution.
Oath/Declaration
The applicant’s oath/declaration has been reviewed by the examiner and is found to conform to the requirements prescribed in 37 C.F.R. 1.63.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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 §§ 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/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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 9641530, 1-20 of U.S. Patent No. 1057266, 1-20 of U.S. Patent No. 10298579, 1-20 of U.S. Patent No. 10630685, 1-20 of U.S. Patent No. 10601827, 1-20 of U.S. Patent No. 11171957, 1-14 of U.S. Patent No. 11159527, 1-20 of U.S. Patent No. 12058132, 1-17 of U.S. Patent No. 12301570. Although the claims at issue are not identical, they are not patentably distinct from each other because the Instant Application appears to be a broader version of the cited US Patents as they are all drawn towards a receiving/transmitting a directory that associates references with a user account information, authenticating a user based on the directory, and providing an indication that the user is assigned a permission to access an IT resource.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/222817 (reference application) and claims 1-20 of copending Application No. 18/770476 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both are drawn towards receiving a portion of a directory, authenticating a user based on the directory, and providing an indication that the user is assigned a permission to access a resource.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 9, and 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claims 1, 9, and 17 recite receiving a portion of a directory that contains references to IT resources, authenticating a user based on the portion of the directory, and providing an indication that the user has a permission to access the IT resource.
These limitations, as drafted, are a process that, under its broadest reasonable interpretation, is an abstract idea drawn to performing a mental process such as concepts performed in the human mind or by hand but for the recitation of generic computer components. That is, other than reciting “a hardware-implemented device” to perform the steps (in claim 17), nothing in the claim precludes the steps from merely being the performance of a mental process. For example, but for the “hardware-implemented device” language, receiving data (a portion of a directory), authenticating a user, and providing data (an indication) in the context of the claims encompasses the performance of the steps by a mental process. If a claim limitation, under its broadest reasonable interpretation, covers performing the abstract idea of a mental process but for the recitation of generic computer components, then it falls within the “Mental Process” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – using a hardware-implemented device to perform the steps. The hardware-implemented device in the steps is recited at a high-level of generality (i.e., as a generic processor performing generic computer functionality) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using “a hardware-implemented device” to perform the steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Dependent claims 2-8, 10-16, and 18-20 are also rejected for the same reason as cited above for not reciting any additional elements that amount to significantly more than the judicial exception.
Related Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Kranz (US 2014/0173694) – teaches a multitenant directory to store data for multiple users and multiple organizations.
Adams (US 2013/0254847) – teaches synchronizing the directory data between the on-premises directory and the cloud directory.
Sim (US 7181523) – teaches using edge servers to transmit data from a central server to increase the retrieval speed for the end user.
Fang (US 6243816) – teaches a single sign-on with a database to store the user account information.
He (US 5944824) – teaches single sign-on system that stores multiple sets of user account information for a single user.
Hardt (US 2003/0229783) – teaches single sign-on for a plurality of services.
Adler (US 2015/0286816) – teaches a user updating their profile by registering with a new service.
Mantel (US 10382445) – teaches a multitenant directory including adding new user information.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN B KING whose telephone number is (571)270-7310. The examiner can normally be reached on Monday-Friday 10AM-6PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yin-Chen Shaw can be reached on 5712728878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/John B King/
Primary Examiner, Art Unit 2498
Prosecution Insights