Remarks
Claims 1 and 3-14 are pending.
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 1 and 3-14 have been considered but are moot in view of the new ground(s) of rejection provided below.
Claim Objections
Claim 7 is objected to because of the following informalities: Claim 7 states “in at least one of the first scheme the second scheme”. It appears as though the word “and” was removed erroneously and causes a grammatical issue here. Appropriate correction is required.
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.
Claims 1 and 3-14 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.
Claim 1 includes, as step (c), the step reading “transmit the first key deriving information to another vehicle”. However, the application as originally filed does not appear to contain basis for this step, especially between generating the first key information and encrypting a packet with the first key information. Claims 9 and 10 have similar issues and are rejected for the same reasons. Claims 3-8 and 11-14 are rejected at least based on their dependencies.
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 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.
Claims 1, 3-6, and 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Nix (U.S. Patent Application Publication 2020/0280436) in view of Nakaoka (U.S. Patent Application Publication 2013/0145159).
Regarding Claim 1,
Nix discloses an in system device to be mounted in a system, comprising:
Circuitry configured to (Exemplary Citations: for example, Figures 1B, 1C, and associated written description; as well as all below citations; any circuitry, for example):
Generate a first key deriving information according to a first scheme (Exemplary Citations: for example, Paragraphs 69, 70, 144-149, 152-154 and associated figures; any key deriving information, such as public keys of key pairs, random numbers, cryptographic parameters (e.g., 104), etc., as examples);
Generate first key information by using the first key deriving information (Exemplary Citations: for example, Paragraphs 69, 70, 144-149, 152-154 and associated figures; generating ephemeral key pair, for example. This could also be generation of a symmetric key used in a future symmetric key generation (e.g., see figure 5a, which shows performing 224 (the large box at the top of figure 2a including many steps) or 405 (figure 4), as well as 228 or 229 (as in figure 2a, for example), followed by further key generation in 523, for example. Please see the cited figures and all associated written description);
Transmit the first key deriving information to another system (Exemplary Citations: for example, Paragraphs 69, 70, 144-149, 152-154, 175, and associated figures; sending of the above described key parameters, for example. Again, figures 2a, 4, 5a, and the like are also relevant, as noted above);
Encrypt a packet by using the first key information (Exemplary Citations: for example, Paragraphs 69, 70, 144-149, 152-154, 175, and associated figures; encrypting with the key, for example. Many additional locations disclose encrypting data with the ephemeral key pairs and/or symmetric keys as well);
Transmit the encrypted packet to the other system (Exemplary Citations: for example, Paragraphs 69, 70, 144-149, 152-154, 175, and associated figures); and
After the first five steps (Exemplary Citations: for example, figures 2a, 2b, 2c, 3b, 3c, 4, 5a, and associated written description, showing the order of events, for example):
Generate second key deriving information according to a second scheme that has a key information generating time shorter than that of the first scheme (Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; generating any key deriving information, such as intermediate keys, random numbers, or any other parameters, for example. It is noted that this symmetric key is generated after the previous keys and the previous keys are valid for at least as long as this symmetric key is valid, for example. Moreover, ephemeral public key pairs are described as being around longer than symmetric keys, for example. Furthermore, in at least some embodiments, there are more steps and/or more in-depth steps above than for simply generating a symmetric key parameter and then the key itself, as another example. Additionally, recording of ephemeral keys for an “extended period of time” as in paragraph 158 shows longer periods for the ephemeral key pairs, relative to the symmetric keys, as yet another example);
Encrypt the second key deriving information generated according to the second scheme that has the key information generating time shorter than that of the first scheme by using the first key information (Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; encrypting parameters with the above described key(s), for example);
Transmit, to the other system, the second key deriving information generated according to the second scheme that has the key information generating time shorter than that of the first scheme and encrypted by using the first key information (Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; sending, for example);
Generate second key information by using the second key deriving information generated according to the second scheme that has the key information generating time shorter than that of the first scheme (Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; generating symmetric key, for example); and
Encrypt a packet to be newly transmitted by using the second key information instead of the first key information (Exemplary Citations: for example, 262-270, 375-377, 391-393, and associated figures; encrypting, for example);
But does not explicitly disclose that the systems are vehicles.
Nakaoka, however, discloses that the systems are vehicles (Exemplary Citations: for example, Abstract, Paragraphs 80-93, 101, 113, and associated figures and many other portions; key exchange and encrypted communication between vehicles, for example). It would have been obvious to one of ordinary skill in the art at the time of applicant’s invention, which is before any effective filing date of the claimed invention, to incorporate the vehicle communication encryption techniques of Nakaoka into the secure communication system of Nix in order to allow the system to be used to secure communications between vehicles and/or between vehicles and additional systems not within vehicles, to provide highly flexible inter-vehicular communications, to increase extensibility of the system to be used with additional devices, to decrease vehicular collisions, and/or to increase security in the system.
Regarding Claim 9,
Claim 9 is a method claim that corresponds to device claim 1 and is rejected for the same reasons.
Regarding Claim 10,
Claim 10 is a medium claim that corresponds to method claim 1 and is rejected for the same reasons.
Regarding Claim 3,
Nix as modified by Nakaoka discloses the device of claim 1, in addition, Nix as modified by Nakaoka discloses that the circuitry is configured to in the first scheme that has a key information generating time longer than that of the second scheme, generate a pair of a secret key and a public key as the first key deriving information, and generate a common key as the first key information by using the pair (Nix: Exemplary Citations: for example, Paragraphs 69, 70, 144-149, 152-154 and associated figures; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 80-93, 97, 101, 113, and associated figures; generating key pairs and symmetric keys, for example);
In the second scheme that has the key information generating time shorter than that of the first scheme, generate a hash value as the second key deriving information by using a first cryptographic hash function, and generate a common key from the hash value by using a second cryptographic hash function (Nix: Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 80-93, 97, 101, 113, and associated figures; generating and/or updating keys from previous keys, as well as creating signatures using hash functions, including explicit hashes, hashes within key exchange and key derivation functions (e.g., ECDH/E), for example); and
Transmit, to the other vehicle, the hash value generated in the second scheme that has the key information generating time shorter than that of the second scheme as the second key deriving information (Nix: Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 80-93, 97, 101, 113, and associated figures; transmitting values such as above, for example).
Regarding Claim 4,
Nix as modified by Nakaoka discloses the device of claim 1, in addition, Nix as modified by Nakaoka discloses that the circuitry is configured to generate the second key information and use the second key information, instead of the first key information, for encryption of a packet to be newly transmitted when a condition regarding an elapsed time or communication traffic with the other vehicle from a start of a use of the first key information has been satisfied (Nix: Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 80-93, 97, 101, 113, and associated figures; upon update being required, updating key, update after traffic has been communicated to the other vehicle, for example).
Regarding Claim 5,
Nix as modified by Nakaoka discloses the device of claim 1, in addition, Nix as modified by Nakaoka discloses that the circuitry is configured to generate the second key information and use the second key information instead of the first key information for encryption of a packet to be newly transmitted when a condition regarding a travelling state of the vehicle has been satisfied (Nix: Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 29-31, 80-93, 97, 101, 113, and associated figures; selecting which transmission periods to use based on areas (e.g., paragraphs 29-31). Vehicles will only generate keys to communicate with other vehicles that they are communicating with, e.g., based on proximity thereto, and the appropriate keys will be generated/exchanged at the time communications take place with keys being updated for each communication, for example).
Regarding Claim 6,
Nix as modified by Nakaoka discloses the device of claim 1, in addition, Nix as modified by Nakaoka discloses that the circuitry is configured to update the second key information (Nix: Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 29-31, 80-93, 97, 101, 113, and associated figures).
Regarding Claim 8,
Nix as modified by Nakaoka discloses the device of claim 1, in addition, Nix as modified by Nakaoka discloses that the circuitry is configured to decrypt an encrypted packet received from the other vehicle according to the first scheme or the second scheme (Nix: Exemplary Citations: for example, 69, 70, 144-149, 152-154, 175, 262-270, 375-377, 391-393, and associated figures; encrypting, for example; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 80-93, 101, 113, and associated figures; decrypt, for example); and
Transmit, to an infrastructure side device, data stored in the decrypted packet (Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 80-93, 101, 113, and associated figures; road to vehicle communications using at least some of the same data (e.g., protocol version within security header as just one example), for example).
Regarding Claim 11,
Nix as modified by Nakaoka discloses the device of claim 1, in addition, Nix as modified by Nakaoka discloses that the circuitry is configured to generate the second key deriving information generated according to the second scheme that has the key information generating time shorter than that of the first scheme and transmit the second key deriving information generated according to the second scheme that has the key information generating time shorter than that of the first scheme and encrypted by using the first key information to the other vehicle when a condition regarding an elapsed time or communication traffic with the other vehicle from a start of a use of the first key information has been satisfied (Nix: Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 80-93, 97, 101, 113, and associated figures; generating second key and/or parameters after traffic has been communicated to the other vehicle, for example).
Regarding Claim 12,
Nix as modified by Nakaoka discloses the device of claim 1, in addition, Nix as modified by Nakaoka discloses that the circuitry is configured to generate the second key deriving information generated according to the second scheme that has the key information generating time shorter than that of the first scheme and transmit the second key deriving information generated according to the second scheme that has the key information generating time shorter than that of the first scheme and encrypted by using the first key information to the other vehicle when a condition regarding a traveling state of the vehicle has been satisfied (Nix: Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 29-31, 80-93, 97, 101, 113, and associated figures; generating second key and/or parameters after a period of time, such as selecting which transmission periods to use based on areas (e.g., paragraphs 29-31). Vehicles will only generate keys to communicate with other vehicles that they are communicating with, e.g., based on proximity thereto, and the appropriate keys will be generated/exchanged at the time communications take place with keys being updated for each communication, for example).
Regarding Claim 13,
Nix as modified by Nakaoka discloses the device of claim 1, in addition, Nix as modified by Nakaoka discloses that the circuitry is configured to perform f-i when a condition regarding an elapsed time or communication traffic with the other vehicle from a start of a use of the first key information has been satisfied (Nix: Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 80-93, 97, 101, 113, and associated figures).
Regarding Claim 14,
Nix as modified by Nakaoka discloses the device of claim 1, in addition, Nix as modified by Nakaoka discloses that the circuitry is configured to perform f-i when a condition regarding a traveling state of the vehicle has been satisfied (Nix: Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 29-31, 80-93, 97, 101, 113, and associated figures).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Nix in view of Nakaoka and Yamamoto (U.S. Patent 10,491,404).
Regarding Claim 7,
Nix as modified by Nakaoka discloses the device of claim 1, in addition, Nix as modified by Nakaoka discloses that the circuitry is configured to use information and random numbers for generation of key deriving information in at least one of the first scheme the second scheme (Nix: Exemplary Citations: for example, Paragraphs 176-196, 216-239, 241-260, 371-373, 386-390, and associated figures; Nakaoka: Exemplary Citations: for example, Abstract, Paragraphs 80-93, 97, 101, 113, and associated figures; using random numbers and other parameters in key generation, for example);
But does not explicitly disclose that the information is time information.
Yamamoto, however, discloses that the information is time information (Exemplary Citations: for example, Abstract, Column 5, line 19 to Column 6, line 60 and associated figures; generating keys using timestamps as key generation parameters, for example). It would have been obvious to one of ordinary skill in the art at the time of applicant’s invention, which is before any effective filing date of the claimed invention, to incorporate the time-inclusive key generation techniques of Yamamoto into the secure communication system of Nix as modified by Nakaoka in order to provide additional parameters to key generation, to tie keys to a certain time when they were being generated, to allow for generating multiple unique keys from the same parent key using additional changing information such as timestamps, and/or to increase security in the system.
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 Jeffrey D Popham whose telephone number is (571)272-7215. The examiner can normally be reached Monday through Friday 9:00-5:30.
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/Jeffrey D. Popham/Primary Examiner, Art Unit 2432