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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09 February 2026 has been entered.
Response to Amendment
Applicant’s amendment filed 09 February 2026 amends claims 1-8 and 10. Claim 9 is cancelled and claim 11 is added. Applicant’s amendment has been fully considered and entered.
Response to Arguments
Applicant argues on page 7 of the response, “Amendments to claims 2 and 6 appear to render these objections moot.” This argument has been fully considered and is persuasive. Therefore, the previous claim objections have been withdrawn.
Applicant argues on page 7 of the response, “Amendments to claim 1 appear to render the rejections under 35 U.S.C. § 112(b) moot.” This argument has been fully considered and is persuasive. Therefore, the previous §112(b) rejections have been withdrawn.
Applicant argues on page 9 of the response, “It is submitted that Edwards merely discloses a parallel structure where signatures cover data that may happen to include a key, but Edwards explicitly states in the specification that the first signature has no dependency on the key of the second cryptosystem. Therefore, Edwards fails to suggest the claimed structure where two different cryptosystems are inherently connected such that one validates the other through direction encryption.” This argument has been fully considered and is persuasive. Therefore, the previous prior art rejections have been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Edwards, U.S. Publication No. 2022/0385481.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "the lower subject cryptographic program" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the third group" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8, 10, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Edwards, U.S. Publication No. 2022/0385481. Referring to claim 1, Edwards discloses a certificate authority ([0052]: certificate authority reads on the claimed electronic device) that includes a network interface (Figure 6, 630), memory (Figure 6, 624 or 628), and a processor (Figure 6, 622), which meets the limitation of an electronic device comprising a communication device configured to communicate data, a memory configured to store, and a processor configured to control the electronic device to perform operations by executing the program. The certificate authority generates a public/private key pair ([0038: first entity corresponds with the certificate authority in paragraph [0052] since the first entity is generating the certificate), which meets the limitation of memory configured to store a public key and a secret key generated [based on a first mathematical problem]. The certificate authority receives a certificate request from a second device that includes the public key of the second device ([0038] & [0052]: second device reads on the claimed other electronic device), which meets the limitation of obtaining a public key for cryptographic operations of the other electronic device, the public key of the other electronic device generated [based on a second mathematical problem]. The certificate authority digital signs the public key of the second device using the private key of the certificate authority ([0038] & [0052]), which meets the limitation of generating an electronic signature for the public key of the other electronic device by encryption operation using the secret key of the electronic device [based on the first mathematical problem]. The certificate authority generates a digital signature that includes the public key of the second device and the generated digital signature ([0038] & [0052]), which meets the limitation of generating a public key certificate for verifying the validity of the public key of the other electronic device, which includes the public key of the other electronic device and the generated electronic signature for the public key of the other electronic device.
Edwards discloses that the system can implement both convention elliptic curve cryptosystems and lattice-based cryptosystems (i.e. Dilithum) ([0020]), which meets the limitation of memory configured to store programs including a cryptographic program performing cryptographic operations using stored secret key and public key, based on a first mathematical problem, based on a second mathematical problem. The elliptic curve cryptosystems use mathematical properties of elliptic curves to produce public key cryptosystems while the lattice-based cryptosystems are configured to preserve robustness of its security model in the presence of quantum computers ([0020]), which meets the limitation of wherein the first mathematical problem and the second mathematical problem are different types of mathematical problems. While Edwards suggests that both cryptosystems can be used ([0020]), Edwards does not explicitly disclose that the certificate authority and the second device utilize different cryptosystems. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the certificate authority and the second device of Edwards to have implemented different cryptosystems because such an embodiment represents one of a finite number of possible embodiments that could have been implemented by one of ordinary skill in the art with a reasonable expectation of success.
Referring to claim 2, Edwards discloses that the system can implement both convention elliptic curve cryptosystems and lattice-based cryptosystems (i.e. Dilithum) ([0020]), which meets the limitation of wherein the first mathematical problem has a difficulty safe against an attack based on a quantum computer and the second mathematical problem has a difficulty not safe against an attack based on a quantum computer.
Referring to claim 3, Edwards discloses that the system can implement both a Dilithum cryptosystem and a hybrid elliptic curve plus Dilithum cryptosystem ([0020]), which meets the limitation of wherein the first mathematical problem has a difficulty safe against an attack based on a quantum computer and the second mathematical problem has a difficulty safe against an attack based on a quantum computer.
Referring to claim 4, Edwards discloses that the system can implement lattice-based cryptosystems (i.e. Dilithum) ([0020]), which meets the limitation of wherein the first mathematical problem includes a lattice-based problem.
Referring to claim 5, Edwards discloses a second device that generates a public/private key pair ([0038]: the second device generates the key pair such that the public key is extracted from the generated key pair and transmits the public key to a certificate authority shows that the second device stores the key pair), which meets the limitation of a lower subject device, wherein the lower subject device is configured to store a public key generated [based on a second mathematical problem]. A certificate authority generates a public/private key pair ([0038: first entity corresponds with the certificate authority in paragraph [0052] since the first entity is generating the certificate; certificate authority reads on the claimed upper subject device), which meets the limitation of a upper subject device, wherein the upper subject device configured to store a public key and a secret key generated [based on a first mathematical problem]. The certificate authority receives a certificate request from a second device that includes the public key of the second device ([0038] & [0052]: second device reads on the claimed other electronic device), which meets the limitation of obtain the public key for the lower subject device. The certificate authority digital signs the public key of the second device using the private key of the certificate authority ([0038] & [0052]), which meets the limitation of generate an electronic signature for the public key of the lower subject device by encryption operation using the secret key of the upper subject device [based on the first mathematical problem]. The certificate authority generates a digital signature that includes the public key of the second device and the generated digital signature ([0038] & [0052]), which meets the limitation of generate a public key certificate for verifying the validity of the public key of the lower subject device, which includes the public key of the lower subject device and the generated electronic signature for the public key of the lower subject device.
Edwards discloses that the system can implement both convention elliptic curve cryptosystems and lattice-based cryptosystems (i.e. Dilithum) ([0020]), which meets the limitation of store a cryptographic program performing cryptographic operations using stored secret key and public key, based on a first mathematical problem, based on a second mathematical problem. The elliptic curve cryptosystems use mathematical properties of elliptic curves to produce public key cryptosystems while the lattice-based cryptosystems are configured to preserve robustness of its security model in the presence of quantum computers ([0020]), which meets the limitation of wherein the first mathematical problem and the second mathematical problem are different types of mathematical problems. While Edwards suggests that both cryptosystems can be used ([0020]), Edwards does not explicitly disclose that the certificate authority and the second device utilize different cryptosystems. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the certificate authority and the second device of Edwards to have implemented different cryptosystems because such an embodiment represents one of a finite number of possible embodiments that could have been implemented by one of ordinary skill in the art with a reasonable expectation of success.
Referring to claim 6, Edwards discloses that the system can implement both convention elliptic curve cryptosystems and lattice-based cryptosystems (i.e. Dilithum) ([0020]), which meets the limitation of wherein the first mathematical problem has a difficulty safe against an attack based on a quantum computer and the second mathematical problem has a difficulty not safe against an attack based on a quantum computer.
Referring to claim 7, Edwards discloses that the system can implement both a Dilithum cryptosystem and a hybrid elliptic curve plus Dilithum cryptosystem ([0020]), which meets the limitation of wherein the first mathematical problem has a difficulty safe against an attack based on a quantum computer and the second mathematical problem has a difficulty safe against an attack based on a quantum computer.
Referring to claim 8, Edwards discloses that the system can implement both convention elliptic curve cryptosystems and lattice-based cryptosystems (i.e. Dilithum) ([0020]), which meets the limitation of wherein the lower subject cryptographic program of the lower subject device is a program included in the third group.
Referring to claim 10, Edwards discloses that the system can implement both a Dilithum cryptosystem and a hybrid elliptic curve plus Dilithum cryptosystem where Dilithum is a lattice-based cryptosystem ([0020]), which meets the limitation of wherein each of the first and second mathematical problems include a lattice-based problem.
Referring to claim 11, Edwards discloses that the system can implement both a Dilithum cryptosystem and a hybrid elliptic curve plus Dilithum cryptosystem where Dilithum is a lattice-based cryptosystem ([0020]), which meets the limitation of wherein each of the first and second mathematical problems include a lattice-based problem.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN E LANIER whose telephone number is (571)272-3805. The examiner can normally be reached M-Th: 6:20-4:50.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Lagor can be reached at 5712705143. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN E LANIER/ Primary Examiner, Art Unit 2437
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