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 filed 11/25/2025 have been fully considered but they are not persuasive.
The applicant argues that providing an encrypted authentication information being provided based on authentication key is not taught by Beckmann.
Th examiner disagrees. Beckmann discloses key being used to certify the data see Par. 0048. And further signature is compared to verify the transaction see Par. 0041-0045. And further the keys being generated for transactions that is used for verify the insurer see Par. 0051.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “provide encrypted authentication information base on the authentication key of the device…” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The closest mention of providing authentication information is Fig. 4-Fig. 6, but it is not encrypted authentication information nor is it based on authentication key during authentication procedure to verify the validity of modified state of content of secure memory.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
New Matter Rejection
--The amendment filed “and providing encrypted authentication information based on the device state data authentication key of the device from the secure element to the remote system in the authentication procedure between the device and the remote system to verify a validity of the modified state of the content of the memory” is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: the search of the specification yields no such teaching. And also an text search of encrypted authentication information yields no results.
Applicant is required to cancel the new matter in the reply to this Office Action.
--The specifications must be update to reflect the changes to drawings as stated in the drawings section of the office action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1, 11, 13 and 26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claim recites “encrypted authentication information” there is no such teaching in the disclosure.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-11, 13, 23-26 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Pub 2019/0156429 to Beckmann
Regarding Claim 1, 11, 13, Beckmann discloses A computer-implemented method for anti-replay protection of a memory of a device, wherein the memory is used by and external to a secure element of the device, characterized in that the method comprises the following steps, wherein the steps are performed in the device after a content of the memory is modified comprising:
modifying the memory to create a modified state of a content of the memory(Abstract & Fig. 2 item 210-220, the series of transaction overr time is received into transactions data store);
generating device state data by combining data indicative of a history of past modifications state-of the content of the memory with current data from the modified state of the content of the memory(Fig. 2 item 230-250, the hash of transaction represents the history for verification):
transmitting the device state data to a remote system for updating an authentication key of the device stored in a data storage of the remote system and for use by the remote system in an authentication procedure(Par. 0061-0062, the audit identifiers and historic stat information is part of signature process); and providing encrypted authentication information based on the device state data authentication key of the device from the secure element to the remote system in the authentication procedure between the device and the remote system to verify a validity of the modified state of the content of the memory (Fig. 3 item 350, 360 & Par. 0043-0045, the verification of transaction via comparing signatures & Par. 0061-0062 & par. 0051, the relevant key value used to verify the insurer & Par. 0041-0045 & Par. 0048 ).
Regarding Claim 3. Beckmann discloses The method according to claim 1, wherein the validity of the modified state of the content of the memory relates to at least one of:
an authenticity of the modified state of the content of the memory (Par. 0060-0062, the audit state are update and verified);
an integrity of the modified state of the content of the memory( Par. 0060-0062, the audit state are update and verified); and
version information of the modified state of the content of the memory Par. 0060-0062, the audit state are update and verified).
Regarding Claim 4. Beckmann discloses method according to claim 1, wherein the secure element is one of: a protected software application running on the device(par. 0056-0058); a trusted execution environment in a chipset of the device(par. 0056-0058); and an integrated secure element of the device(par. 0056-0058).
Regarding Claim 5. Beckmann discloses The method according to claim 1, wherein the modified state of the content of the memory device state data comprises at least one of:
a counter value(par. 0060).; a data value indicative of a software version(par. 0060 & Fig. 8).; and a value representing an integrity of the memory(par. 0060 & Fig.8).
Regarding Claim 6. Beckmann discloses The method according to claim 1, wherein the authentication information is used in the authentication procedure as secret input to a cryptographic function, wherein the cryptographic function is used to encrypt and/or sign a communication between the device and the remote system, and wherein the secret input is preferably one of: an encryption key or seed to the cryptographic function(Par. 051, keys are used for signatures & Fig. 8 item 890, the keys values & Par. 0061).
Regarding Claim 7. Beckmann discloses The method according to claim 1, wherein the authentication key comprises at least one of:
at least part of the device state data( Par. 0060-0062, the audit state are update and verified);a function of at least pa-li-part of the device state data( Par. 0060-0062, the audit state are update and verified); and an updated version of a pre-shared authentication key computed from at least part of the device state data(Par. 0066-0067, the signatures are compared)
Regarding Claim 8. Beckmann discloses The method according to claim 1, wherein the modified state of the content of the memory device state data comprises a monotonic counter value obtained from a monotonic counter in the device, and wherein the authentication information includes the monotonic counter value(Fig. 19).
Regarding Claim 9. Beckmann discloses method according to claim 1, wherein the authentication procedure is performed as a separate step before allowing the device to perform an operation with the remote system( Par. 0060-0062, the audit state are update and verified).
Regarding Claim 10. Beckmann discloses method according to claim 1, wherein the authentication procedure is performed implicitly when performing an operation with the remote system as a part of a communication protocol between the device and the remote system(Par. 0065, protocols are used).
Regarding Claim 23. Beckmann discloses The method according to claim 1, wherein the secret input is an encryption key(par. 0048 & Par. 0051, the keys are used).
Regarding Claim 24. Beckmann discloses The method according to claim 1, wherein the secret input is a seed to the cryptographic function(par. 0048 & Par. 0051, the keys are used).
Regarding Claim 25. Beckmann discloses The method according to claim 1, wherein generating device state data by combining the data indicative of the history of past modifications of the content of the memory with the current data from the modified state of the content of the memory comprises hashing together the data indicative of the history of past modifications of the content of the memory and the current data from the modified state of the content of the memory to generate the device state
data( Par. 0060-0062, the audit state are update and verified & Par. 0067-0068).
Regarding Claim 26. Beckmann discloses The method according to claim 1, wherein the encrypted authentication information is used in the authentication procedure as the secret input to the cryptographic function, wherein the cryptographic function is used to sign the communication between the device and the remote system(par. 0041-0045 & Par. 0048 & Par. 0061, the encrypted transactions based on key for the insurer).
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 Venkat Perungavoor whose telephone number is (571)272-7213. The examiner can normally be reached 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rupal Dharia can be reached on 571-272-3880. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VENKAT PERUNGAVOOR/Primary Examiner, Art Unit 2492 Email: venkatanarayan.perungavoor@uspto.gov