DETAILED ACTION
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 .
Status of Claims
Claim 1 canceled.
Claims 2-21 are pending in this application.
Information Disclosure Statement
The Information Disclosure Statement(s) submitted by applicant on 8/5/2026, 6/3/2026, 3/19/2026, 12/15/2025 and 8/6/2025 have been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 signed and attached hereto.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 2-21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,373,538. Although the claims at issue are not identical, they are not patentably distinct from each other (see table below).
Instant Application
U.S. Patent No. 12,373,538
Claim 2: A method comprising: determining that a first computing device is within a proximity zone of a second computing device; responsive to determining that the first computing device is within the proximity zone of the second computing device, establishing a secure wireless communication link between the first computing device and the second computing device; presenting a virtual resource of the first computing device using an abstraction layer; and mapping the virtual resource of the first computing device to a remote resource of the second computing device, wherein the mapping enables a consistent interaction of the first computing device with the remote resource of the second computing device via the secure wireless communication link that is independent of a setting associated with the remote resource.
Claim 1: A method comprising:
determining whether a portable user device is within a detection range of a host computing device of a vehicle for a specified duration of time;
responsive to the determining that the portable user device is within the detection range of the host computing device of the vehicle for the specified duration of time,
establishing a wireless communication link between the portable user device and the host computing device of the vehicle to make the portable user device wirelessly available to the vehicle as a physical key; and
automatically unlocking the vehicle based on the portable user device being wirelessly available to the vehicle as the physical key.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both are directed to determining whether devices are within ranges or proximity and establishing a wireless communication link between device and the host computing device; and only differing in that the claims of '538 patent explicitly recite establishing a wireless communication link between the portable user device and the host computing device of the vehicle to make the portable user device wirelessly available to the vehicle as a physical key; and
automatically unlocking the vehicle based on the portable user device being wirelessly available to the vehicle as the physical key. Thus, the claims of the ‘839 patent are rendered as obvious variants of the instant claims.
Instant Application
U.S. Patent No. 11,914,695
Claim 2: A method comprising: determining that a first computing device is within a proximity zone of a second computing device; responsive to determining that the first computing device is within the proximity zone of the second computing device, establishing a secure wireless communication link between the first computing device and the second computing device; presenting a virtual resource of the first computing device using an abstraction layer; and mapping the virtual resource of the first computing device to a remote resource of the second computing device, wherein the mapping enables a consistent interaction of the first computing device with the remote resource of the second computing device via the secure wireless communication link that is independent of a setting associated with the remote resource.
Claim 1: A method comprising:
detecting whether a portable device is in proximity to a host device;
responsive to the detecting that the portable device is in proximity to the host device;
establishing wireless communication between the portable device and the host device, a portion of a secure memory of the portable device being made wirelessly available to the host device as a physical of the host device;
wirelessly receiving, at the host device, authentication information from the portable device via the wireless communication link; and
automatically unlocking the host device based on the authentication information.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both are directed to determining whether devices are within proximity or range and establishing a wireless communication link between the portable user device and the host computing device; and only differing in that the claims of '695 patent explicitly recite wirelessly receiving, at the host device, authentication information from the portable device via the wireless communication link; and automatically unlocking the host device based on the authentication information.
Thus, the claims of the ‘695 patent are rendered as obvious variants of the instant claims.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 10,909,229. Although the claims at issue are not identical, they are not patentably distinct from each other (see table below).
Instant Application
U.S. Patent No. 10,909,229
Claim 2: : A method comprising: determining that a first computing device is within a proximity zone of a second computing device; responsive to determining that the first computing device is within the proximity zone of the second computing device, establishing a secure wireless communication link between the first computing device and the second computing device; presenting a virtual resource of the first computing device using an abstraction layer; and mapping the virtual resource of the first computing device to a remote resource of the second computing device, wherein the mapping enables a consistent interaction of the first computing device with the remote resource of the second computing device via the secure wireless communication link that is independent of a setting associated with the remote resource.
Claim 1: A system comprising:
A secure element including a radio transceiver configured to wirelessly communicate, and a secure memory, the secure memory accessible wirelessly through the radio transceiver; and
A host device including a host processor coupled to a host memory, the host memory including a secure element link module, the host device configured to wirelessly and securely communicate with the radio transceiver of the secure element, the secure element link module cooperating with the secure memory to wirelessly mount a portion of the secure memory as an internal storage drive of the host device.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both are directed to establishing a secure wireless communication link between two devices; and only differing in that the claims of '229 patent explicitly recite the secure element link module cooperating with the secure memory to wirelessly mount a portion of the secure memory as an internal storage drive of the host device. Thus, the claims of the ‘229 patent are rendered as obvious variants of the instant claims.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 9,405,898. Although the claims at issue are not identical, they are not patentably distinct from each other (see table below).
Instant Application
U.S. Patent No. 9,405,898
Claim 2: : A method comprising: determining that a first computing device is within a proximity zone of a second computing device; responsive to determining that the first computing device is within the proximity zone of the second computing device, establishing a secure wireless communication link between the first computing device and the second computing device; presenting a virtual resource of the first computing device using an abstraction layer; and mapping the virtual resource of the first computing device to a remote resource of the second computing device, wherein the mapping enables a consistent interaction of the first computing device with the remote resource of the second computing device via the secure wireless communication link that is independent of a setting associated with the remote resource
Claim 1: A system comprising:
a secure element configured to wirelessly communicate directly with an associated host device, the secure element including a memory storing data and a wireless storage module executable by a processor of the secure element; and
the associated host device including a link module executable by a processor, the link module of the associated host device cooperating with the wireless storage module of the secure element to wirelessly mount at least a portion of the memory as a storage drive of the associated host device.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both are directed to establishing a secure wireless communication link between devices; and only differing in that the claims of '898 patent explicitly recite the associated host device including a link module executable by a processor, the link module of the associated host device cooperating with the wireless storage module of the secure element to wirelessly mount at least a portion of the memory as a storage drive of the associated host device. Thus, the claims of the ‘898 patent are rendered as obvious variants of the instant claims.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 9,892,250. Although the claims at issue are not identical, they are not patentably distinct from each other (see table below).
Instant Application
U.S. Patent No. 9,892,250
Claim 2: : A method comprising: determining that a first computing device is within a proximity zone of a second computing device; responsive to determining that the first computing device is within the proximity zone of the second computing device, establishing a secure wireless communication link between the first computing device and the second computing device; presenting a virtual resource of the first computing device using an abstraction layer; and mapping the virtual resource of the first computing device to a remote resource of the second computing device, wherein the mapping enables a consistent interaction of the first computing device with the remote resource of the second computing device via the secure wireless communication link that is independent of a setting associated with the remote resource
Claim 1: A system comprising:
a secure element configured to wirelessly communicate with an associated host device, the secure element including a set of consistent virtual resources used to map a set of available resources based on a model architecture, the set of available resources variable based on one or more of the model architecture and resources associated with a host device, the set of consistent virtual resources allowing consistent interaction with the set of consistent virtual resources independent of variation in the set of available resources independent of whether resources within the set of available resources is located at the secure element, at the host device, or both; and
the associated host device including a link module executable by a processor, the link module of the associated host device cooperating with the secure element to make a first resource available to the secure element.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both are directed to establishing a secure wireless communication link between devices; and only differing in that the claims of '250 patent explicitly recite consistent virtual resources allowing consistent interaction with the set of consistent virtual resources independent of variation in the set of available resources independent of whether resources within the set of available resources is located at the secure element, at the host device, or both; and the associated host device including a link module executable by a processor, the link module of the associated host device cooperating with the secure element to make a first resource available to the secure element. Thus, the claims of the ‘250 patent are rendered as obvious variants of the instant claims.
Allowable Subject Matter
Claims 2-21 would be allowable if a Terminal Disclaimer is submitted to overcome the Double Patenting rejection, set forth in this office action.
USPTO Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSUK SONG whose telephone number is (571)272-3857. The examiner can normally be reached Mon-Fri: 7:30AM-5:00PM.
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/HOSUK SONG/Primary Examiner, Art Unit 2435
