Prosecution Insights
Last updated: April 19, 2026
Application No. 17/747,587

SECRET KEY EXTRACTION FOR LINE-OF-SIGHT COMMUNICATIONS

Non-Final OA §102§103
Filed
May 18, 2022
Examiner
CAREY, FORREST L
Art Unit
2491
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
3 (Non-Final)
56%
Grant Probability
Moderate
3-4
OA Rounds
3y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
142 granted / 256 resolved
-2.5% vs TC avg
Strong +54% interview lift
Without
With
+54.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
31 currently pending
Career history
287
Total Applications
across all art units

Statute-Specific Performance

§101
8.8%
-31.2% vs TC avg
§103
59.7%
+19.7% vs TC avg
§102
14.3%
-25.7% vs TC avg
§112
12.8%
-27.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 256 resolved cases

Office Action

§102 §103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/14/2026 has been entered. Status of Claims Claims 1-11, 23-28 are pending; of which 7-11 are withdrawn. Claims 12-22, 29-30 are cancelled. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashrafi (PGPUB 2021/0133614), and further in view of Doster et al (PGPUB 2018/0262291) and Qi et al (PGPUB 2020/0162248). Regarding Claims 1 and 23: Ashrafi teaches a method and a first device for wireless communications ([0601] free-space optics technology is based on the connectivity between the FSO based optical wireless units, each consisting of an optical transceiver 12904 with a transmitter 12902 and a receiver 12906 to provide full duplex open pair and bidirectional closed pairing capability), comprising: one or more memories storing processor-executable code ([0296] OAM signals used within quantum computers as described above may be generated using Digital Light Processors; holograms that are programmed into the memory of a digital light processor that program micro-mirrors to selected positions and can twist a light beam with programmed information using the mirrors); and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the first device to ([0296] OAM signals used within quantum computers as described above may be generated using Digital Light Processors): receive, from a second device, a set of reference signals in accordance with a set of line-of-sight communication modes, the set of line-of-sight communication modes associated with one or more azimuth modes, one or more radial modes, one or more polarization modes, one or more line-of-sight multi-input multi-output modes, or a combination thereof ([0601] free-space optics system using orbital angular momentum and multilevel overlay modulation according to the present disclosure; the OAM twisted signals, in addition to being transmitted over fiber, may also be transmitted using free optics; the transmission signals are generated within transmission circuitry 12902 at each of the FSO transceivers 12904; free-space optics technology is based on the connectivity between the FSO based optical wireless units, each consisting of an optical transceiver 12904 with a transmitter 12902 and a receiver 12906 to provide full duplex open pair and bidirectional closed pairing capability; [0622] OAM mode refers to laser beams within a free-space optical system or fiber-optic system that have a phase term of e.sup.ilφ in their wave fronts, in which φ is the azimuth angle and l determines the OAM value (topological charge); in general, OAM modes have a “donut-like” ring shaped intensity distribution; multiple spatial collocated laser beams, which carry different OAM values, are orthogonal to each other and can be used to transmit multiple independent data channels on the same wavelength); generate a secret key for encrypting one or more messages communicated between the first device and the second device ([0361] one manner for using OAM based quantum computing involves the use in processes such as Quantum Key Distribution (QKD); by implementing the above system of quantum gate computing using OAM, system can increase security and throughput communications while increasing the capacity of computing and processing of the system; the QKD operations would be implemented in a Quantum Module implementing the processes as described above; there is illustrated a further improvement of a system utilizing orbital angular momentum processing, Laguerre Gaussian processing, Hermite Gaussian processing or processing using any orthogonal functions; [0365]-[0366] transmitter 4404 generates a random stream of classical bits and encodes them into a sequence of non-orthogonal states of light that are transmitted over the quantum channel 4408; upon reception of these quantum states, the receiver 4406 performs some appropriate measurements leading the receiver to share some classical data over the classical link 4410 correlated with the transmitter bit stream; if the correlations are high enough, this statistically implies that no significant eavesdropping has occurred on the quantum channel 4408 and thus, that has a very high probability, a perfectly secure, symmetric key can be distilled from the correlated data shared by the transmitter 4404 and the receiver 4406; in the opposite case, the key generation process has to be aborted and started again); and communicate signaling with the second device using line-of-sight communications, the signaling comprising the one or more messages that are encrypted with the secret key ([0378] quantum key distribution is only used to reduce and distribute a key, not to transmit any message data; this key can then be used with any chosen encryption algorithm to encrypt (and decrypt) a message, which is transmitted over a standard communications channel; [0381] in addition, the transmitter and receiver communicate via a public classical channel, for example using broadcast radio or the Internet; [0461] alternatively, classic communications using OAM states as data carriers can be multiplexed at the transmitter, co-propagated through a free space link, and demultiplexed at a receiver). Ashrafi does not explicitly teach wherein an available quantity of the set of line-of-sight communication modes is based at least in part on a distance between the first device and the second device, an alignment of the first device and the second device, or both. However, Doster teaches the concept wherein an available quantity of a set of line-of-sight communication modes is based at least in part on a distance between a first device and a second device, an alignment of the first device and the second device, or both ([0006] the orthogonality property of OAM beams allows different mode numbers to be multiplexed together or optically combined into a single beam; after propagating through the atmosphere and arriving at a receiver, the multiplexed OAM beam must be demultiplexed to ascertain which modes are present in the signal; [0007] conjugate-mode sorting is a standard method to determine the OAM mode of a detected beam based on its orthogonality properties; given a transmitted OAM beam, u.sub.m, with mode m, the support of the mode set, u.sub.n* is cycled through, where u.sub.n* is the conjugate of u.sub.m, forming the product u.sub.mu.sub.n*; if the intensity is detected only at the origin, i.e., no doughnut mode, then the transmitted signal contains OAM mode n; this sorting method is dependent on having good alignment between the transmitter and the receiver; misalignment is shown to have comparable effects to turbulence in the correct determination of the OAM mode). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to combine the determining an available quantity of modes teachings of Doster with the line-of-sight wireless communication teachings of Ashrafi, with the benefit of incorporating means of detecting received line-of-sight modes, thereby improving system functionality and efficiency by allowing the system to limit filtering and processing to available modes, instead of scanning through all possible modes or attempting to operate on modes randomly. Neither Ashrafi nor Doster explicitly teaches generating, using one or more indexes of the available quantity of the set of line-of-sight communication modes, the secret key. However, Qi teaches the concept of generating, using one or more indexes of an available quantity of a set of line-of-sight communication modes, a secret key ([abstract] passive continuous-variable quantum key distribution scheme, where Alice splits the output of a thermal source into two spatial modes, measures one locally and transmits the other mode to Bob after applying attenuation; a secure key can be established based on measurements of the two modes without the use of a random number generator or an optical modulator; [0023] as shown in FIG. 2, the transmitter client (i.e., Alice) splits the output of the thermal source 202 into two spatial modes using a beam splitter 204; the transmitter side measures the X and/or P quadratures (i.e., quantum states) of one spatial mode using a detector system, such as an optical homodyne detector system 206, in conjunction with a local oscillator 207 (for example a strong light pulse) and transmits the other mode to the transmitter client (i.e., Bob) over a quantum channel 214 after applying optical attenuation, for example with an attenuator 208 or an asymmetric beam splitter; [0024] at the receiver client, similar measurements can be performed using a detector system, such as optical homodyne detector system 210, in conjunction with a local oscillator 212 to determine the quadrature values (i.e. quantum states) of the received attenuated spatial mode; under normal conditions, the transmitter client's measurement results can be correlated to the receiver client's, and a secure key can be established using conventional methods where a transmitter and receiver have shared random information). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to combine the using values (indexes) of an available mode to generate a secret key teachings of Qi with the line-of-sight wireless communication teachings of Ashrafi in view of Doster, with the benefit of incorporating additional measures of thermal randomness into a key generation process in a way which can be shared between a transmitter and a receiver, thereby increasing the entropy of the shared key, resulting in an improvement to the security environment. Claim(s) 2-6, 24-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashrafi in view of Doster and Qi, and further in view of Cheng et al (PGPUB 2022/0123782). Regarding Claims 2 and 24: Ashrafi in view of Doster and Qi teaches the method of claim 23 and the first device of claim 1. In addition, Ashrafi teaches wherein the one or more processors coupled with the one or more memories are individually or collectively operable to execute the code to cause the first device to: receive the set of reference signals, wherein the set of line-of-sight communication modes comprises a plurality of azimuth modes ([0601] free-space optics system using orbital angular momentum and multilevel overlay modulation according to the present disclosure; the OAM twisted signals, in addition to being transmitted over fiber, may also be transmitted using free optics; the transmission signals are generated within transmission circuitry 12902 at each of the FSO transceivers 12904; free-space optics technology is based on the connectivity between the FSO based optical wireless units, each consisting of an optical transceiver 12904 with a transmitter 12902 and a receiver 12906 to provide full duplex open pair and bidirectional closed pairing capability; [0622] OAM mode refers to laser beams within a free-space optical system or fiber-optic system that have a phase term of e.sup.ilφ in their wave fronts, in which φ is the azimuth angle and l determines the OAM value (topological charge); in general, OAM modes have a “donut-like” ring shaped intensity distribution; multiple spatial collocated laser beams, which carry different OAM values, are orthogonal to each other and can be used to transmit multiple independent data channels on the same wavelength). Neither Ashrafi nor Doster nor Qi explicitly teaches receiving the set of reference signals using a set of antenna circles that each comprise a number of antenna elements. However, Cheng teaches the concept of receiving a set of reference signals using a set of antenna circles that each comprise a number of antenna elements (abstract, present disclosure combines orbital angular momentum modes and subcarrier frequencies to form OAM mode-subcarrier frequency pair sets so as to diversify information transmission carriers; [0014] transmitting the information; wherein the I mutually independent and orthogonal vortex electromagnetic wave signals are transmitted via channels, and the vortex electromagnetic wave signals transmitted from the transmit uniform circular array antenna are received by the receive uniform circular array antenna). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to combine the uniform circular array antenna teachings of Cheng with the line-of-sight wireless communication teachings of Ashrafi, with the benefit of adapting the methods of Ashrafi to a variety of antenna configurations, such as uniform circular arrays, in order to allow use of configurations which optimize cost, use of space, environmental requirements, etc. as needed by end users. Regarding Claims 3 and 25: Ashrafi in view of Doster, Qi, and Cheng teaches the method of claim 24 and the first device of claim 2. In addition, Ashrafi teaches wherein each azimuth mode of the plurality of azimuth modes is associated with a respective discrete Fourier transform vector ([0601] free-space optics system using orbital angular momentum and multilevel overlay (MLO) modulation according to the present disclosure; the OAM twisted signals, in addition to being transmitted over fiber, may also be transmitted using free optics; the transmission signals are generated within transmission circuitry 12902 at each of the FSO transceivers 12904; free-space optics technology is based on the connectivity between the FSO based optical wireless units, each consisting of an optical transceiver 12904 with a transmitter 12902 and a receiver 12906 to provide full duplex open pair and bidirectional closed pairing capability; [0622] OAM mode refers to laser beams within a free-space optical system or fiber-optic system that have a phase term of e.sup.ilφ in their wave fronts, in which φ is the azimuth angle and l determines the OAM value (topological charge); in general, OAM modes have a “donut-like” ring shaped intensity distribution; multiple spatial collocated laser beams, which carry different OAM values, are orthogonal to each other and can be used to transmit multiple independent data channels on the same wavelength; [0502] generation of MLO signals; [0506]-[0507] derivation of signals used in modulation of the MLO signal using Fourier transforms; therefore, the modes are “associated with” a respective Fourier transform vector), wherein the one or more processors coupled with the one or more memories and configured to generate the secret key are further individually or collectively operable to execute the code to cause the first device to: generate the secret key based at least in part on at least one azimuth mode of the plurality of azimuth modes and the respective discrete Fourier transform vector (EXAMINER’S NOTE: as the OAM modes are based on azimuth angle (e.g. [0622]), and the signals are based on Fourier transform vectors, then generating the key using an OAM mode can be seen as generating the key “at least in part” based on the values which make up the OAM mode; [0361] one manner for using OAM based quantum computing involves the use in processes such as Quantum Key Distribution (QKD); by implementing the above system of quantum gate computing using OAM, system can increase security and throughput communications while increasing the capacity of computing and processing of the system; the QKD operations would be implemented in a Quantum Module implementing the processes as described above; there is illustrated a further improvement of a system utilizing orbital angular momentum processing, Laguerre Gaussian processing, Hermite Gaussian processing or processing using any orthogonal functions; [0365]-[0366] transmitter 4404 generates a random stream of classical bits and encodes them into a sequence of non-orthogonal states of light that are transmitted over the quantum channel 4408; upon reception of these quantum states, the receiver 4406 performs some appropriate measurements leading the receiver to share some classical data over the classical link 4410 correlated with the transmitter bit stream; if the correlations are high enough, this statistically implies that no significant eavesdropping has occurred on the quantum channel 4408 and thus, that has a very high probability, a perfectly secure, symmetric key can be distilled from the correlated data shared by the transmitter 4404 and the receiver 4406; in the opposite case, the key generation process has to be aborted and started again). Regarding Claims 4 and 26: Ashrafi in view of Doster, Qi, and Cheng teaches the method of claim 24 and the first device of claim 2. In addition, Ashrafi teaches wherein each azimuth mode of the plurality of azimuth modes is associated with a plurality of radial modes comprising at least a first radial mode associated with a first beamforming vector and a second radial mode associated with a second beamforming vector ([0252] with the paraxial assumption, OAM 1504 and polarization can be considered as two independent properties of light; 2) OAM beam and Laguerre-Gaussian (LG) beam: an LG beam is a special subset among all OAM-carrying beams, due to that the analytical expression of LG beams are eigen-solutions of paraxial form of the wave equation in cylindrical coordinates; for an LG beam, both azimuthal and radial wavefront distributions are well defined, and are indicated by two index numbers, C and p, of which f has the same meaning as that of a general OAM beam, and p refers to the radial nodes in the intensity distribution), wherein the one or more processors coupled with the one or more memories and configured to generate the secret key are further individually or collectively operable to execute the code to cause the first device to: generate the secret key based at least in part on at least one radial mode of the plurality of radial modes ([0369] in a free-space QKD, two users (Alice and Bob) must establish a shared reference frame (SRF) in order to communicate with good fidelity; alignment of these directions needs extra resources and can impose serious obstacles in long distance free space QKD and/or when the misalignment varies in time; we can solve this by using rotation invariant states, which remove altogether the need for establishing a SRF; such states are obtained as a particular combination of OAM and polarization modes (hybrid states), for which the transformation induced by the misalignment on polarization is exactly balanced by the effect of the same misalignment on spatial modes; these states exhibit a global symmetry under rotations of the beam around its axis and can be visualized as space-variant polarization states, generalizing the well-known azimuthal and radial vector beams, and forming a two-dimensional Hilbert space). Regarding Claims 5 and 27: Ashrafi in view of Doster, Qi, and Cheng teaches the method of claim 26 and the first device of claim 4. In addition, Ashrafi teaches wherein each of the first beamforming vector and the second beamforming vector are orthogonal ([0230] different OAM carrying waves/beams can be mutually orthogonal to each other within the spatial domain, allowing the waves/beams to be efficiently multiplexed and demultiplexed within a link). Regarding Claims 6 and 28: Ashrafi in view of Doster, Qi, and Cheng teaches the method of claim 26 and the first device of claim 4. In addition, Ashrafi teaches wherein each radial mode of the plurality of radial modes is associated with at least a first polarization mode and a second polarization mode orthogonal to the first polarization mode ([0252] both azimuthal and radial wavefront distributions are well defined, and are indicated by two index numbers, C and p, of which f has the same meaning as that of a general OAM beam, and p refers to the radial nodes in the intensity distribution; experiment doubled the spectral efficiency by adding the polarization multiplexing into the OAM-multiplexed free-space data link; four different OAM beams custom-character=+4, +8, −8, +16) on each of two orthogonal polarizations (eight channels in total) were used to achieve a Terabit/s transmission link), wherein the one or more processors coupled with the one or more memories and configured to generate the secret key are further individually or collectively operable to execute the code to cause the first device to: generate the secret key based at least in part on the first polarization mode, the second polarization mode, or both ([0369] in a free-space QKD, two users (Alice and Bob) must establish a shared reference frame (SRF) in order to communicate with good fidelity; alignment of these directions needs extra resources and can impose serious obstacles in long distance free space QKD and/or when the misalignment varies in time; we can solve this by using rotation invariant states, which remove altogether the need for establishing a SRF; such states are obtained as a particular combination of OAM and polarization modes (hybrid states), for which the transformation induced by the misalignment on polarization is exactly balanced by the effect of the same misalignment on spatial modes; these states exhibit a global symmetry under rotations of the beam around its axis and can be visualized as space-variant polarization states, generalizing the well-known azimuthal and radial vector beams, and forming a two-dimensional Hilbert space). Response to Arguments Applicant's arguments filed 12/10/2025 have been fully considered but they are not persuasive. Regarding the rejection of claims under 35 USC 102/103: Regarding Applicant’s arguments, page 9 paragraph 3: The only element(s) missing from Ashrafi are those of “generat[ing] a secret key using one or more indexes of the available quantity of the set of line-of-sight communication modes”, as in claim 1 as amended. However, a new ground(s) for rejection is provided above which does teach this additional subject matter. Applicant’s arguments with regard to independent claim 23 are similar to those regarding claim 1 and are therefore responded to in a similar way. Applicant further argues that the dependent claims are allowable due to depending on an allowable independent claim. However, as shown above, the independent claims are not allowable. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FORREST L CAREY whose telephone number is (571)270-7814. The examiner can normally be reached 9:00AM-5:30PM M-F. 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, Amir Mehrmanesh can be reached at (571) 270-3351. 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. /FORREST L CAREY/Examiner, Art Unit 2491 /WILLIAM R KORZUCH/Supervisory Patent Examiner, Art Unit 2491
Read full office action

Prosecution Timeline

May 18, 2022
Application Filed
Apr 04, 2025
Non-Final Rejection — §102, §103
Jun 30, 2025
Response Filed
Oct 13, 2025
Final Rejection — §102, §103
Dec 02, 2025
Examiner Interview Summary
Dec 02, 2025
Applicant Interview (Telephonic)
Dec 10, 2025
Response after Non-Final Action
Jan 14, 2026
Request for Continued Examination
Jan 25, 2026
Response after Non-Final Action
Feb 21, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12603864
Systems and Methods for Uploading Streamed Objects to a Cloud Storage System
2y 5m to grant Granted Apr 14, 2026
Patent 12596832
AUTOMATED DETECTION AND PREVENTION OF DISCLOSURE OF SENSITIVE INFORMATION VIA ELECTRONIC MESSAGING
2y 5m to grant Granted Apr 07, 2026
Patent 12572684
SECURE MULTI-PARTY COMPUTATION OF DIFFERENTIALLY PRIVATE HEAVY HITTERS
2y 5m to grant Granted Mar 10, 2026
Patent 12566865
MEMBERSHIP INFERENCE ATTACKS USING MULTIPLE SPECIALIZED MACHINE LEARNING MODELS
2y 5m to grant Granted Mar 03, 2026
Patent 12547689
SYSTEM AND METHOD FOR CONTINUOUS PRIVACY-PRESERVING FACIAL-BASED AUTHENTICATION AND FEEDBACK
2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+54.4%)
3y 9m
Median Time to Grant
High
PTA Risk
Based on 256 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month