DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
Applicant's amendments filed on 02/04/2026 has been received and entered. Currently Claims 64-72, 74-82 and 86-87 are pending.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Hosain of generating and storing encrypted keys and storing encrypted data with the teachings of Orsini to include splitting an encrypted key and splitting the encrypted data and storing the splits in order to enhance the security of the encrypted keys and encrypted data by preventing the encrypted keys and encrypted data from being obtained when a storage facility is compromised.
It would have also been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Hosain of generating and storing encrypted keys and storing encrypted data with the teachings of Orsini to include encrypting a key with a key encryption key in order to enhance the security of the key by providing double encryption by first encrypting the key with a key encryption key and then encrypting the encrypted key with a user’s public key.
It would have also been obvious to one of ordinary skill in the art at the time the invention was made to try to encrypt the key with the key encryption key before encrypting with the user’s public key. There are only two options for encrypting the key, encrypting the key with the key encryption key first, or encrypting the key with the user’s public key first. The result will be the same, the key will be double encrypted with the key encryption key and user’s public key. It is also old and well known to double encrypt a key to enhance the security of the key. Therefore, It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Hosain in view of Orsini to provide a double encrypted key as mentioned above in order to enhance the security of the key (see Ohmori et al. US2005/0078825 [0193] and Boren et al. US2009/0106551 [0109] as evidences of double encrypted key to increase the security of the key).
In response to applicant's argument that the cited references of Hoasin and Orsini are incompatible and contradictory, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
The examiner notes that the examiner is not combining the whole system/architecture/infrastructure of Orsini into Hosain. Rather the examiner is combining/implementing the splitting of keys and data and storing the splits of Orsini in order to enhance the security of the encrypted keys and encrypted data of Hosain by preventing the encrypted keys and encrypted data from being obtained when a storage facility is compromised. The examiner is also combining/implementing encrypting keys with a key encryption key of Orsini into Hosain in order to enhance the security of the key by providing double encryption by first encrypting the key with a key encryption key and then encrypting the encrypted key with a user’s public key.
Therefore the teachings of Hosain and Orsini are not incompatible and it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the two teachings to teach the limitations of the claims.
Applicant argues on pages 14-15 of applicant’s remarks that the cited arts of Hosain in view of Orsini fails to disclose or suggest “wherein the first encrypted key and the second encrypted key are distributed into a header of each of the plurality of encrypted dataset shares” as recited in the newly added claims 86 and 87.
The examiner respectfully disagrees. The examiner refers to the below rejection of the claims. In particular, the examiner notes that the combination of Hosain in view Orsini teaches double encrypted keys, where the double encrypted keys are split into key shares where the key shares are stored/distributed in the headers of a plurality of encrypted data shares (Hosain Fig. 3, paragraph [0028], [0036]-[0038]; Orsini Fig. 21, paragraph [0314]-[0316], [0404], [0497], [0517], [0528], [0530], [0543]). Therefore the combination of Hosain in view Orsini teaches limitations of the claims.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 64-72, 74-82 and 86-87 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hosain US 2010/0005318, in view of Orsini et al. US 2009/0177894 (hereinafter Orsini).
As per claim 64, Hosain teaches a computer-implemented method for securely storing data, the computer-implemented method comprising: encrypting a dataset using a cryptographic key to generate an encrypted dataset (Hosain paragraph [0031]-[0032], [0037], encrypt file data);
encrypting the cryptographic key with a first encryption key to generate a first encrypted key (Hosain Fig. 3, paragraph [0028], One of key pair is called the public key and is made public… The other of key pair is called the private key and is protected from loss or disclosure. When a datum is encrypted using the user's public key, only the user can access the plain text datum by decrypting the cipher text with his/her private key. Paragraph [0037],The file owner generates an ECDSA Data Signing Key (DK.sub.sign) and an AES Data Encryption Key (DK.sub.s). Owner's encrypted key block is formed by encrypting the (DK.sub.sign) and (DK.sub.s) using owners OK.sub.pub. Paragraph [0036], The first encrypted key block is always encrypted under the file owner's OEK (OK.sub.pub, stands for public key of the owner). Paragraph [0038], If the user is only granted read access, owner encrypts only the DK.sub.s using user's public key UK.sub.pub. For user's write access, owner encrypts both the DK.sub.s and DK.sub.sign…The cipher text, together with user's user name is the encrypted key block to be added to the Meta data. Owner adds a user's encrypted key block to the Meta data…);
encrypting the cryptographic key with a second encryption key to generate a second encrypted key (Hosain Fig. 3, paragraph [0038], If the user is only granted read access, owner encrypts only the DK.sub.s using user's public key UK.sub.pub. For user's write access, owner encrypts both the DK.sub.s and DK.sub.sign…The cipher text, together with user's user name is the encrypted key block to be added to the Meta data. Owner adds a user's encrypted key block to the Meta data…); and
storing the first encrypted dataset with the first encrypted key and the second encrypted key in a first storage device (Hosain paragraph [0015], 1) encrypting the data; 2) attaching encrypted meta data to the encrypted data providing access at a selected level to the data by each of the multiple users… 3) storing the encrypted data and meta data in the storage unit; and 4) providing each of the multiple users with de-encryption means such that the encrypted data can be de-encrypted at the selected level granted to each of the multiple users at his/her level. Paragraph [0035], the Meta data 40 contains access control information and its format is depicted. The meta data 40 includes the file name 42, security level 44, the data block, for example data block 24, owner encrypted key block 46, escrow encrypted key block 48 and encrypted key block for user one 50 to encrypted key block N 50A for user N. Each encrypted key block for user one 50 to user N 50A corresponds to a user (or a group of users) with some access rights to the corresponding file data… Encrypted key blocks for user one 50 through user N 50A contain the file data encryption key (DEK) of each user… Note that DK.sub.s, stands for symmetric key encrypted under the user public encryption key…Paragraph [0040], User obtains the Meta data information… User locates the encrypted key block with the reader's user name in the Meta data, and decrypts the key block to obtain the DK.sub.s… decrypts the encrypted file data with the DK.sub.s to obtain the file contents. Paragraph [0028], One of key pair is called the public key and is made public… The other of key pair is called the private key and is protected from loss or disclosure. When a datum is encrypted using the user's public key, only the user can access the plain text datum by decrypting the cipher text with his/her private key.).
Hosain does not explicitly disclose generating a plurality of encrypted dataset shares of the encrypted dataset, wherein each of the plurality of encrypted dataset shares includes less than all of the encrypted dataset;
encrypting the cryptographic key with a key encryption key to generate an encrypted cryptographic key;
generating a plurality of encrypted key shares of encrypted key, wherein each of the plurality of encrypted key shares includes less than all of the encrypted key;
storing a first one of the plurality of encrypted dataset shares with a first one of the plurality of encrypted key shares.
Orsini teaches generating a plurality of encrypted dataset shares of the encrypted dataset, wherein each of the plurality of encrypted dataset shares includes less than all of the encrypted dataset (Orsini paragraph [0313], [0493], [0514], splitting encrypted data into shares);
encrypting cryptographic key with a key encryption key to generate an encrypted cryptographic key (Orsini paragraph [0314]-[0316], [0404], [0497], [0517], [0543], session key is split into shares and then encrypted or the session key is first encrypted and then split into shares);
generating a plurality of encrypted key shares of encrypted key, wherein each of the plurality of encrypted key shares includes less than all of the encrypted key (Orsini paragraph [0314]-[0316], [0404], [0497], [0517], [0543], session key is split into shares and then encrypted or the session key is first encrypted and then split into shares);
storing a first one of the plurality of encrypted dataset shares with a first one of the plurality of encrypted key shares (Orsini paragraph [0016], [0314]-[0316], [0440], storing encrypted data shares with encrypted key shares).
Thus it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Hosain of generating and storing encrypted keys and storing encrypted data with the teachings of Orsini to include splitting an encrypted key and splitting the encrypted data and storing the splits in order to enhance the security of the encrypted keys and encrypted data by preventing the encrypted keys and encrypted data from being obtained when a storage facility is compromised.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Hosain of generating and storing encrypted keys and storing encrypted data with the teachings of Orsini to include encrypting a key with a key encryption key in order to enhance the security of the key by providing double encryption by first encrypting the key with a key encryption key and then encrypting the encrypted key with a user’s public key.
It would have also been obvious to one of ordinary skill in the art at the time the invention was made to try to encrypt the key with the key encryption key before encrypting with the user’s public key. There are only two options for encrypting the key, encrypting the key with the key encryption key first, or encrypting the key with the user’s public key first. The result will be the same, the key will be double encrypted with the key encryption key and user’s public key. It is also old and well known to double encrypt a key to enhance the security of the key. Therefore, It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Hosain in view of Orsini to provide a double encrypted key as mentioned above in order to enhance the security of the key (see Ohmori et al. US2005/0078825 [0193] and Boren et al. US2009/0106551 [0109] as evidences of double encrypted key to increase the security of the key).
Therefore, the combination of Hosain in view of Orsini teaches generating a plurality of double encrypted data keys. An encrypted data key being doubly encrypted with a key encryption key and with users’ public keys. The combination of Hosain in view of Orsini also teaches generation of key shares for both the first and second encrypted keys. In addition, the combination of Hosain in view of Orsini teaches “storing a first one of the plurality of encrypted dataset shares with a first one of the plurality of first encrypted key shares and a first one of the plurality of second encrypted key shares in a first storage device”.
As per claim 65, Hosain in view of Orsini teaches the computer-implemented method of claim 64, wherein the first encryption key is a first public of a first pair of public/private keys, the method further comprising: decrypting the first encrypted key using the first private of the first pair of public/private keys to obtain the encrypted cryptographic key; and decrypting the encrypted cryptographic key using the key encryption key obtained by decrypting the first encrypted key cryptographic key to obtain the cryptographic key (Hosain Fig. 3, paragraph [0028], One of key pair is called the public key and is made public… The other of key pair is called the private key and is protected from loss or disclosure. Paragraph [0035], Encrypted key blocks for user one 50 through user N 50A contain the file data encryption key (DEK) of each user… Note that DK.sub.s, stands for symmetric key encrypted under the user public encryption key. Paragraph [0039]-[0040], decrypt encrypted key block; Orsini paragraph [0317], To restore the original data format, the steps are reversed. Paragraph [0512]-[0518], The workgroup key concept allows for enhanced protection of information assets by encrypting key information… Encryption key 3804 may also be retrieved and restored… The encryption key (which was encrypted with the workgroup key) may be retrieved and restored…The encryption key may then be decrypted using the workgroup key…).
As per claim 66, Hosain in view of Orsini teaches the computer-implemented method of claim 65, further comprising: decrypting the encrypted dataset using the cryptographic key obtained by decrypting the encrypted cryptographic key (Hosain paragraph [0039]-[0040], decrypt encrypted key and decrypt encrypted file data; Orsini paragraph [0312]-[0317], [0393]-[0397], [0465], [0497], [0501], [0512]-[0518], [0543], to restore the original data the steps are reversed. Key shares are retrieved, encrypted session key is restored from the key shares, decrypting the encrypted session key, and decrypting the data using the session key. In order to restore the data, the split key may be retrieved and restored in accordance with the present invention. The split operation may then be reversed to restore the ciphertext in accordance with the present invention. The encryption key (which was encrypted with the workgroup key) may be retrieved and restored. The encryption key may then be decrypted using the workgroup key. Finally, the ciphertext may be decrypted using the encryption key.).
As per claim 67, Hosain in view of Orsini teaches the computer-implemented method of claim 64, wherein the cryptographic key is one of a split key, an encryption key, a session key, a workgroup key, a symmetric key, or an asymmetric key (Hosain paragraph [0037]; Orsini paragraph [0312], [0497], [0514], [0543]).
As per claim 68, Hosain in view of Orsini teaches the computer-implemented method of claim 64, wherein the first encryption key is associated with a first user device, and the second encryption key is associated with a second user device (Hosain Fig. 3, paragraph [0035], Each encrypted key block for user one 50 to user N 50A corresponds to a user …Note that DK.sub.s, stands for symmetric key encrypted under the user public encryption key and Uk.sub.pub, stands for user public key for encryption. Paragraph [0038], users keys are associated with the corresponding users; Orsini paragraph [0080], [0451], [0511]-[0512], [0516]-[0517], [0543]).
As per claim 69, Hosain in view of Orsini teaches the computer-implemented method of claim 64, further comprising: obtaining the first encrypted key using the plurality of first encrypted key shares; decrypting the obtained first encrypted key to obtain the encrypted cryptographic key; and decrypting the obtained encrypted cryptographic key to obtain the cryptographic key (Hosain paragraph [0039]-[0040], decrypt encrypted key and decrypt encrypted file data; Orsini paragraph [0312]-[0317], [0393]-[0397], [0465], [0497], [0501], [0512]-[0518], [0543], to restore the original data the steps are reversed. Key shares are retrieved, encrypted session key is restored from the key shares, decrypting the encrypted session key, and decrypting the data using the session key. In order to restore the data, the split key may be retrieved and restored in accordance with the present invention. The split operation may then be reversed to restore the ciphertext in accordance with the present invention. The encryption key (which was encrypted with the workgroup key) may be retrieved and restored. The encryption key may then be decrypted using the workgroup key. Finally, the ciphertext may be decrypted using the encryption key.)(It is obvious to one of ordinary skill in the art that since the encrypted key is double encrypted, double decryption is performed with respective keys in order to retrieve the plaintext key).
As per claim 70, Hosain in view of Orsini teaches the computer-implemented method of claim 64, further comprising: storing a second one of the plurality of encrypted dataset shares with a second one of the plurality of first encrypted key shares and a second one of the plurality of second encrypted key shares in a second storage device (Hosain paragraph [0015], 1) encrypting the data; 2) attaching encrypted meta data to the encrypted data providing access at a selected level to the data by each of the multiple users… 3) storing the encrypted data and meta data in the storage unit; and 4) providing each of the multiple users with de-encryption means such that the encrypted data can be de-encrypted at the selected level granted to each of the multiple users at his/her level. Paragraph [0035], the Meta data 40 contains access control information and its format is depicted. The meta data 40 includes the file name 42, security level 44, the data block, for example data block 24, owner encrypted key block 46, escrow encrypted key block 48 and encrypted key block for user one 50 to encrypted key block N 50A for user N. Each encrypted key block for user one 50 to user N 50A corresponds to a user (or a group of users) with some access rights to the corresponding file data… Encrypted key blocks for user one 50 through user N 50A contain the file data encryption key (DEK) of each user… Note that DK.sub.s, stands for symmetric key encrypted under the user public encryption key…Paragraph [0040], User obtains the Meta data information… User locates the encrypted key block with the reader's user name in the Meta data, and decrypts the key block to obtain the DK.sub.s… decrypts the encrypted file data with the DK.sub.s to obtain the file contents. Paragraph [0028], One of key pair is called the public key and is made public… The other of key pair is called the private key and is protected from loss or disclosure. When a datum is encrypted using the user's public key, only the user can access the plain text datum by decrypting the cipher text with his/her private key.; Orsini paragraph [0016], [0126], [0314]-[0316], [0440], [0543], storing encrypted data shares with encrypted key shares in a plurality of depositories).
As per claim 71, Hosain in view of Orsini teaches the computer-implemented method of claim 70, wherein the first storage device is different than the second storage device (Orsini paragraph [0314]-[0316], [0436], [0517], [0543], key shares are appended to/stored with respective data shares and the combined data shares are stored in a plurality of storage devices).
As per claim 72, Hosain in view of Orsini teaches the computer-implemented method of claim 70, wherein the first storage device is the same as the second storage device (Hosain paragraph [0015], 1) encrypting the data; 2) attaching encrypted meta data to the encrypted data providing access at a selected level to the data by each of the multiple users… 3) storing the encrypted data and meta data in the storage unit.; Orsini paragraph [0314]-[0316], [0436], [0517], [0543], key shares are appended to/stored with respective data shares and the combined data shares are stored in a storage device. The shares are stored in a data depository, for example the same magnetic or tape storage device).
As per claim 86, Hosain in view of Orsini teaches the computer-implemented method of claim 64, wherein the first encrypted key and the second encrypted key are distributed into a header of each of the plurality of encrypted dataset shares (Hosain Fig. 3, paragraph [0028], [0036]-[0038]; Orsini paragraph [0314]-[0316], [0404], [0497], [0517], [0543], session key is split into shares and then encrypted or the session key is first encrypted and then split into shares. Fig. 21, Paragraph [0528], [0530], each data share includes cryptographic key share in its header).
As per claims 74-82 and 87, the claims claim a system essentially corresponding to the method claims 64-72 and 86 above, and they are rejected, at least for the same reasons.
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 HENRY TSANG whose telephone number is (571)270-7959. The examiner can normally be reached M-F 9am - 5pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Farid Homayounmehr can be reached on (571) 272-3739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HENRY TSANG/Primary Examiner, Art Unit 2495