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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,477,359 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the reference US 12,477,359 B2. The reference and instant application are claiming common subject matter, as follows:
The instant application
US 12,477,359 B2
1. (Currently Amended) An operation method of user equipment (UE), comprising:
generating an Evolved Packet System (EPS) Mobility Management (EMM) transport message; and
if the EMM transport message includes a data container, ciphering the EMM transport message,
wherein the EMM transport message is transmitted if the UE uses a control plane Cellular Internet of Things (CIoT) EPS optimization with overhead reduction,
wherein the EMM transport message is ciphered by using a ciphering algorithm,
wherein input parameters to the ciphering algorithm includes a length of a key stream to be generated by an encryption algorithm, and
wherein for the EMM transport message, the length of the key stream is set to a length of a portion of the EMM transport message starting with octet 7 until an end of the EMM transport message.
2. (Original) The method of claim 1, wherein the EMM transport message includes the data container, if the EMM transport message is sent in an EMM data transport procedure.
3. (Original) The method of claim 1, wherein the EMM transport message includes the data container, if the EMM transport message is sent in a service request procedure for UE using the EPS service with control plane CIoT EPS optimization with overhead reduction to send a user data, a short message service (SMS) message or a location service(LCS) message.
4. (Original) The method of claim 1, wherein the EMM transport message is transmitted for an initial non-access stratum (NAS) message.
5.(Original) The method of claim 1, wherein the UE uses its locally stored NAS count as input to a ciphering algorithm.
6. (Currently Amended) A user equipment (UE), the UE comprising:
at least one processor; and at least one computer memory operably connectable to the at least one processor and storing instructions that, when executed by the at least one processor, perform operations comprising:
generating an Evolved Packet System (EPS) Mobility Management (EMM) transport message; and
if the EMM transport message includes a data container, partially ciphering the EMM transport message,
wherein the EMM transport message is transmitted if the UE uses a control plane Cellular Internet of Things (CIoT) EPS optimization with overhead reduction,
wherein the EMM transport message is ciphered by using a ciphering algorithm,
wherein input parameters to the ciphering algorithm includes a length of a key stream to be generated by an encryption algorithm, and
wherein for the EMM transport message, the length of the key stream is set to a length of a portion of the EMM transport message starting with octet 7 until an end of the EMM transport message.
7. (Original) The UE of claim 6, wherein the EMM transport message includes the data container, if the EMM transport message is sent in an EMM data transport procedure.
8. (Original) The UE of claim 6, wherein the EMM transport message includes the data container, if the EMM transport message is sent in a service request procedure for UE using the EPS service with control plane CIoT EPS optimization with overhead reduction to send a user data, a short message service (SMS) message or a location service (LCS) message.
9. (Original) The UE of claim 6, wherein the EMM transport message is transmitted for an initial non-access stratum (NAS) message.
10. (Original) The UE of claim 6, wherein the UE uses its locally stored NAS count as input to a ciphering algorithm.
11. (Currently Amended) A semiconductor chipset, comprising:
at least one processor; and at least one memory capable of storing instructions and being connected electrically to the at least one processor operably, wherein operations, performed when the instructions are executed by the at least one processor, includes:
generating an Evolved Packet System (EPS) Mobility Management (EMM) transport message; and
if the EMM transport message includes a data container, partially ciphering the EMM transport message,
wherein the EMM transport message is transmitted if the UE uses a control plane Cellular Internet of Things (CIoT) EPS optimization with overhead reduction,
wherein the EMM transport message is ciphered by using a ciphering algorithm,
wherein input parameters to the ciphering algorithm includes a length of a key stream to be generated by an encryption algorithm, and
wherein for the EMM transport message, the length of the key stream is set to a length of a portion of the EMM transport message starting with octet 7 until an end of the EMM transport message.
1. An operation method of user equipment (UE), comprising:
generating an Evolved Packet System (EPS) Mobility Management (EMM) transport message for an initial non-access stratum (NAS) message; and transmitting the EMM transport message with an integrity protected, wherein when the EMM transport message includes a data container, the EMM transport message is partially ciphered by using a ciphering algorithm, wherein the EMM transport message is transmitted when the UE uses an Evolved Packet System (EPS) service with control plane Cellular Internet of Things (CIoT) EPS optimization with overhead reduction, wherein input parameters to the ciphering algorithm includes a length of a key stream to be generated by the encryption algorithm, and wherein for the EMM transport message, the length of the key stream is set to a length of a portion of the EMM transport message starting with octet 7 until an end of the EMM transport message.
2. The method of claim 1, wherein the EMM transport message includes the data container, when the EMM transport message is sent in an EMM data transport procedure or when the EMM transport message is sent in a service request procedure for UE using the EPS service with control plane CIoT EPS optimization with overhead reduction to send a user data, a short message service (SMS) message or a location service (LCS) message.
3. The method of claim 1, wherein the EMM transport message is transmitted for an initial non-access stratum (NAS) message.
4. The method of claim 1, further comprising: using a locally stored NAS count as input to the ciphering algorithm.
5.A user equipment (UE), the UE comprising:
at least one processor; and at least one computer memory operably connectable to the at least one processor and storing instructions that, when executed by the at least one processor, perform operations comprising:
generating an Evolved Packet System (EPS) Mobility Management (EMM) transport message for an initial non-access stratum (NAS) message; and
transmitting the EMM transport message with an integrity protected, wherein when the EMM transport message includes a data container, the EMM transport message is partially ciphered by using a ciphering algorithm, wherein the EMM transport message is transmitted when the UE uses an Evolved Packet System (EPS) service with control plane Cellular Internet of Things (CIoT) EPS optimization with overhead reduction,
wherein input parameters to the ciphering algorithm includes a length of a key stream to be generated by the encryption algorithm, and wherein for the EMM transport message, the length of the key stream is set to a length of a portion of the EMM transport message starting with octet 7 until an end of the EMM transport message.
6. The UE of claim 5, wherein the EMM transport message includes the data container, when the EMM transport message is sent in an EMM data transport procedure or when the EMM transport message is sent in a service request procedure for UE using the EPS service with control plane CIoT EPS optimization with overhead reduction to send a user data, a short message service (SMS) message or a location service (LCS) message.
7. The UE of claim 5, wherein the EMM transport message is transmitted for an initial non-access stratum (NAS) message.
8. The UE of claim 5, wherein the operations further comprising: using a locally stored NAS count as input to the ciphering algorithm.
9. A semiconductor chipset, comprising:
at least one processor; and at least one memory capable of storing instructions and being connected electrically to the at least one processor operably, wherein operations, performed when the instructions are executed by the at least one processor, includes: generating an Evolved Packet System (EPS) Mobility Management (EMM) transport message for an initial non-access stratum (NAS) message; and transmitting the EMM transport message with an integrity protected,
wherein when the EMM transport message includes a data container, the EMM transport message is partially ciphered by using a ciphering algorithm,
wherein the EMM transport message is transmitted when the UE uses an Evolved Packet System (EPS) service with control plane Cellular Internet of Things (CIoT) EPS optimization with overhead reduction, wherein input parameters to the ciphering algorithm includes a length of a key stream to be generated by the encryption algorithm, and wherein for the EMM transport message, the length of the key stream is set to a length of a portion of the EMM transport message starting with octet 7 until an end of the EMM transport message
Allowable Subject Matter
Claims 1-11 are rejected on the ground of nonstatutory double patenting, but would be allowable if a timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome the ground of nonstatutory double patenting rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID Q NGUYEN whose telephone number is (571)272-7844. The examiner can normally be reached Monday-Friday 7:00 AM - 3:00 PM.
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/DAVID Q NGUYEN/Primary Examiner, Art Unit 2643