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 .
The amendment regarding claims 1-29 on 9/8/2025, is acknowledged and considered.
Claims 1, 19, and 21 are independent claims.
Claim 29 is new.
Claims 1-29 are pending.
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.
4. Claims 1, 2, 19, and 29 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 (line 5-7), currently amended to include the limitation “each object having being assigned a unique identifier and an encryption key, by one or more authors of the data object which combined with a key supplied by one or more authors, defines the storage fragment content extracted from the data object by the storage devices”, where there is nothing in the specification to support an author of the data object, which in essence does not support the author assigns a unique identifier and an encryption key each object by one or more authors of the data object, and which combined with a key supplied by one or more authors, defines the storage fragment content extracted from the data object by the storage devices.
Claim 1 (line 9-13), the limitations “creating a transformation specification based on an encryption key”, “transmitting the transform specification, data object unique identifier, and data object to a plurality of devices”, and “each device extracting a portion of the data object according to the transform specification”. Although, there is some form of creation involving transformed object data that includes an encryption key, the specification does not support any transformation specification or transform specification. As such, the original disclosure fails to support creating the transformation specification based on a key, transmitting the transform specification, data object unique identifier, and data object to a plurality of devices, and each device extracting a portion of the data object according to the transform specification.
Claim 2 (line), currently amended with the limitation “the transform specification and unique identifier to the plurality of devices, and the plurality of devices retrieving their respective portions of the data object until all devices have been queried and the data object is complete”. As noted in the independent claim1, the specification does not support any transform specification and the retrieval of respective portions of the data object until all devices have been queried and the data object is complete. As such, the original disclosure fails to support sending “the transform specification and unique identifier to the plurality of devices, and the plurality of devices retrieving their respective portions of the data object until all devices have been queried and the data object is complete”.
Claim 19 recites “Creating a transformation specification based on one or more encryption keys; Transmitting the transform specification, a data object unique identifier and data object to a plurality of devices; Storing one or more fragments of the data object at each device according to the transformation specification where each device extracts the correct data for its fragment according to the transformation specification; Supplying the data object unique identifier and encryption key to a plurality of devices; Extracting one or more fragments from the devices where each device extracts fragments and places them in the data object according to the transformation specification”, where the steps as recited such as data object related to transformation specification is not supported in the original disclosure.
Claim 29, recite “alteration of the stored data object such that a new data object of a larger size than the original data object and in which the original data object is placed according to a transform specification, and in which the new data object is originally comprised of data unrelated to the data in the original data object, this new data object being transmitted to a plurality of devices”, where there is no support by the original disclosure for anything related to sizing or size associated to new data object.
Therefore, current amendment contains new subject matter that the original disclosure does not provide proper support.
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.
5. Claims 1, 2, 19, and 29 recite the limitation "transform specification". There is insufficient antecedent basis for this limitation in the claim.
Claims 1 (lines 11 and 14) recites “the transform specification”, where there is no transform specification recited prior. Whereas, on line 9 recites “a transformation specification”, where may be similar but a transformation specification may suggest a different type of specification. Applicant should consider which specification (i.e. transform or transformation) the limitations are referring to and make the corrections accordingly. Claims 2, 19, and 29 also recites “the transform specification” and is rejected upon the same reasons as claim 1.
Claim Objections
6. Claims 19 and 29 are objected to because of the following informalities:
Claim 19 (line 4), recite “Creating”, where ‘C’ is capitalized but this word should be in lower case.
Claim 19 (line 6), recite “Transmitting”, where ‘T’ is capitalized but this word should be in lower case.
Claim 19 (line 8), recite “Storing”, where ‘S’ is capitalized but this word should be in lower case.
Claim 19 (line 12), recite “Supplying”, where ‘S’ is capitalized but this word should be in lower case.
Claim 19 (line 15), recite “Extracting”, where ‘E’ is capitalized but this word should be in lower case.
Claim 27 recite a number “2” after the end of the limitation.
Claim 29, does not have a proper punctuation at the end of the sentence.
Examiner also advises that there is no need to include a clean and original version of the amended claims and that there are some errors in the clean version of some amended claims.
Appropriate correction is required.
Response to Arguments
7. Applicant’s arguments with respect to claim(s) 1-29 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In response to the various arguments regarding the new limitations:
There are multiple errors and compliance issues that are brought forth now in light of the current amendment. The current rejection maintains the combination of references, Ginter and Eigner, by applying the broadest and reasonable interpretation and on the well-known definition for each term not properly defined or explained in the original disclosure.
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.
8. Claim(s) 1-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ginter, et al. [US 20040054630] in view of Eigner, et al. [US 20160085996].
As per claim 1: Ginter, et al. teaches a combined transformation and encryption method for processing data objects such that the data for each object is stored as a set of fragments in a series of databases across a set of devices having a defined interface, each device containing a transformed subset of the original object data content extracted from the original data object, and each object being assigned a unique identifier by one or more authors of the data object which combined with a key supplied by one or more authors [Ginter: para 0991-0995; The permission records for an object may include key block(s), which may store decryption keys for accessing the content of the encrypted content stored within the object. The content portion of the object is typically divided into portions called data blocks. The subsets can broadly be in the form of portions as these portions (or fragments) was divided of the object. More examples on para 0146, 1919, 2034-2035], **defines the storage fragment content extracted from the data object by the storage devices [**rejected under a secondary reference, discussion below], comprising the steps of:
creating a transformation specification [Ginter: para 0186; One example of transformation specification is control information. Ginter provide mechanisms to persistently maintain trusted content usage and reporting control information through both a sufficiently secure chain of handling of content and content control information and through various forms of usage of such content. Such control information can continue to manage usage of container content if the container is "embedded" into another VDE managed object, such as an object which contains plural embedded VDE containers, each of which contains content derived (extracted) from a different source. Para 0996, 1973; another example of transformation specification can be in the form of permissions or rights associated to the data/object. See also para 1429; The process of disguising or transforming information to hide its substance is called encryption and a cryptographic algorithm is the mathematical function used for encryption. Encryption produces "ciphertext". A cryptographic algorithm is the mathematical function used for encryption and decryption. The limitation “transformation specification”, fails to specifically define or point out in the specification to support what constitutes as a specification of the transformation. Therefore, a transformation specification can be given the broadest interpretation as information associated to the a change or modification, which would include dividing or encryption to the content to a different or changed state from the original data/object] based on an encryption key; [Ginter: para 1230; Different encryption/decryption keys may be used to protect different "compartments." This strategy can be used to limit the amount of information within secure database that is encrypted with a single key. Another technique for increasing security of secure database may be to encrypt different portions of the same records with different keys]
transmitting the transform specification, data object unique identifier [Ginter: para 1390; FIG. 58c, an example of a "fingerprinting" procedure that inserts into released content "fingerprints" that identify the object. The object identifier may broadly be in the form of a fingerprint or any form of data that identifies the object per se], and data object to a plurality of devices; [Ginter: para 0130; various portions of said control information may be specifically adapted for different environments, such as for diverse computer platforms and operating systems, and said various portions may all be carried by a VDE container. Para 0993; Many objects that are distributed by physical media and/or by "out of channel" means (e.g., redistributed after receipt by a customer to another customer). More examples of transmission of the various data on para 1020, 1648, 1822]
each device extracting a portion of the data object according to the transform specification; and [Ginter: para 0146; Distribution using VDE may package both the electronic content and control information into the same VDE container, and/or may involve the delivery to an end-user site of different pieces of the same VDE managed property from plural separate remote locations and/or in plural separate VDE content containers and/or employing plural different delivery means. Content control information may be partially or fully delivered separately from its associated content to a user VDE installation in one or more VDE administrative objects. Portions of control information may be delivered from one or more sources. Control information may also be available for use by access from a user's VDE installation secure sub-system to one or more remote VDE secure sub-systems and/or VDE compatible, certified secure remote locations. Para 0992; the content portion of the object is divided into portions and provide additional security by applying one or more keys to fragmented or seemingly random pieces of content.]
each device storing the portion of the data object. [Ginter: para 1974; VDE content containers as embedded container objects. Para 1981; Some VDE participants may create or provide content and/or VDE content container objects, and then store content and/or content objects at a repository so that other participants may access such content from a known and/or efficiently organized (for retrieval) location. For example, a VDE repository (portion of a VDE repository, multiple VDE repositories, and/or providers of content to such repositories) may advertise the availability of certain types of VDE protected content. More examples on para 2034-2035, 2042]
Ginter can retrieve specific keys from the key storage areas in SPU and any keys stored external to the SPU [Ginter: para 0935]. The content portion of the object is divided into portions and provide additional security by applying one or more keys to fragmented or seemingly random pieces of content contained in an object, database, or other information entity [Ginter: para 0992]. Further, discloses enables reconstruction of a material portion or all of a given, valuable unit of content [Ginter: para 1083.]. The PERC contains decryption keys for an object, and any other keys used with "rights" and contain the keys for the object content or keys to decrypt portions of the object that contain other keys that then can be used to decrypt the content of the object [Ginter: para 1120-1121]. Ginter suggest retrieving from their respective databases according to definitions identified by the encryption key. However, Ginter did not clearly teach retrieving the data fragments from their respective databases according to the encryption key; specifically the limitation “where each device extracts fragments and places them in the data object according to the transformation specification”.
Eigner teaches a system and method that provides secure storage, high speed access, recovery, and transmission of electronic data. There includes encrypting the first fragment using a first encryption key and the second fragment using a second encryption key; and storing, to at least a first of a plurality of storage locations, the first encrypted fragment with the corresponding first obfuscated record locator and the second encrypted fragment with the second obfuscated record locator. The plurality of storage locations that store the respective fragment according to the encryption key suggest “defines the storage fragment content” of the storage devices, according to the encryption key. Eigner further includes retrieving a data map that includes at least a first portion of information required to retrieve and reconstruct the first data object, dynamically derive a second portion of the information required to retrieve and reconstruct the first data object, and retrieving the first data object from a plurality of data storage locations and reconstructing the first data object based on one or more of the information [Eigner: para 0010-0014]. As such, Eigner obviously suggest “defines the storage fragment content extracted from the data object by the storage devices”, where one would be motivated by the ability to retrieve each fragment in its respective storage locations (i.e. databases) associated to an encryption key which can provide secure storage, high speed access, recovery, and transmission of electronic data.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Eigner with Ginter to teach “defines the storage fragment content extracted from the data object by the storage devices” for the reason to retrieve each fragment in its respective storage locations (i.e. databases) associated to an encryption key which can provide secure storage, recovery, and transmission of electronic data [Eigner: para 0010-0014].
Claim 2: Ginter: para 0674; discussing the combined transformation and distribution encryption method for processing data of claim 1, further comprising the step of retrieving the data object stored within the plurality of devices sending the transform specification and unique identifier to the plurality of devices, and the plurality of devices retrieving their respective portions of the data object until all devices have been queried and the data object is complete.
Claim 3: Ginter: para 0479; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein transforming the object by an algorithm increases entropy.
Claim 4: Ginter: para 1429; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein transforming the object by an algorithm eliminates the appearance of any detectable pattern in the original data.
Claim 5: Ginter: para 0161; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein the transformed subsets comprise slices of the data.
Claim 6: Ginter: para 1018; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein the object comprises a data file.
Claim 7: Ginter: para 0893, 1117; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein the encryption keys comprise large integers which represent a permutation of the original data.
Claim 8: Ginter: para 1117-1120, 2081; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein the transformed subset of the original data contains every Nth byte of the original data, where N is the number of items to be permuted.
Claim 9: Ginter: para 1117-1120; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein the created subset of data is stored on a specific device based on a permuted list of N devices.
Claim 10: Ginter: para 0479; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein the encryption key values do not have any specific characteristics.
Claim 11: Ginter: para 0893, 1117-1120; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein the encryption key values enumerate a specific permutation selected from available permutations.
Claim 12: Ginter: para 0479; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein the range of the encryption key values is variable.
Claim 13: Ginter: para 1517; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein the strength of the range of the encryption key values is indicated by a defined degree.
Claim 14: Ginter: para 1538; discussing the combined transformation and distribution encryption method for processing data of claim 1 wherein the strength of the range of the encryption key values is a 256-degree system.
Claim 15: Ginter: para 1027 in view of Eigner: para 0061 [suggesting “cloud system”, under the same pretext and motivation as in claim 1]; discussing the combined transformation and distribution encryption method for processing data of claim 1 further comprising cataloging and describing the encrypted data stored in the cloud system utilizing a faceted search engine.
Claim 16: Ginter: para 1079, 1682; discussing the combined transformation and distribution encryption method for processing data of claim 1 further comprising describing the data content via the faceted search engine utilizing a series of name-value pairs, wherein both the name and value are encrypted and wherein value change history is retained via versioning.
Claim 17: Ginter: para 1369, 1808; discussing the combined transformation and distribution encryption method for processing data of claim 1 further comprising filtering the search results based on defined rules.
Claim 18: Ginter: para 1716; discussing the combined transformation and distribution encryption method for processing data of claim 1 further comprising altering the search results based on defined rules.
As per claim 19: Ginter, et al. teaches a combined transformation and distribution encryption method for processing data in a series of databases across a set of devices comprising the steps of:
Creating a transformation specification [Ginter: para 0186; One example of transformation specification is control information. Ginter provide mechanisms to persistently maintain trusted content usage and reporting control information through both a sufficiently secure chain of handling of content and content control information and through various forms of usage of such content. Such control information can continue to manage usage of container content if the container is "embedded" into another VDE managed object, such as an object which contains plural embedded VDE containers, each of which contains content derived (extracted) from a different source. Para 0996, 1973; another example of transformation specification can be in the form of permissions or rights associated to the data/object. See also para 1429; The process of disguising or transforming information to hide its substance is called encryption. Encryption produces "ciphertext". A cryptographic algorithm is the mathematical function used for encryption and decryption. The limitation “transformation specification”, fails to specifically define or point out in the specification to support what constitutes as a specification of the transformation. Therefore, a transformation specification can be given the broadest interpretation as information associated to the a change or modification, which would include dividing or encryption to the content to a different or changed state from the original data/object] based on one or more encryption keys; [Ginter: para 1230; Different encryption/decryption keys may be used to protect different "compartments." This strategy can be used to limit the amount of information within secure database that is encrypted with a single key. Another technique for increasing security of secure database may be to encrypt different portions of the same records with different keys]
Transmitting the transform specification, a data object unique identifier [Ginter: para 1390; FIG. 58c, an example of a "fingerprinting" procedure that inserts into released content "fingerprints" that identify the object. The object identifier may broadly be in the form of a fingerprint or any form of data that identifies the object per se] and data object to a plurality of devices; [Ginter: para 0130; various portions of said control information may be specifically adapted for different environments, such as for diverse computer platforms and operating systems, and said various portions may all be carried by a VDE container. Para 0993; Many objects that are distributed by physical media and/or by "out of channel" means (e.g., redistributed after receipt by a customer to another customer). More examples of transmission of the various data on para 1020, 1648, 1822]
Storing one or more fragments of the data object at each device according to the transformation specification where each device extracts the correct data for its fragment according to the transformation specification; [Ginter: para 0146; Distribution using VDE may package both the electronic content and control information into the same VDE container, and/or may involve the delivery to an end-user site of different pieces of the same VDE managed property from plural separate remote locations and/or in plural separate VDE content containers and/or employing plural different delivery means. Content control information may be partially or fully delivered separately from its associated content to a user VDE installation in one or more VDE administrative objects. Portions of control information may be delivered from one or more sources. Control information may also be available for use by access from a user's VDE installation secure sub-system to one or more remote VDE secure sub-systems and/or VDE compatible, certified secure remote locations. Para 0992; the content portion of the object is divided into portions and provide additional security by applying one or more keys to fragmented or seemingly random pieces of content. Para 1429; The process of disguising or transforming information to hide its substance is called encryption and a cryptographic algorithm is the mathematical function used for encryption]
Supplying the data object unique identifier and encryption key to a plurality of devices; [Ginter: para 1974; VDE content containers as embedded container objects. Para 1981; Some VDE participants may create or provide content and/or VDE content container objects, and then store content and/or content objects at a repository so that other participants may access such content from a known and/or efficiently organized (for retrieval) location. For example, a VDE repository (portion of a VDE repository, multiple VDE repositories, and/or providers of content to such repositories) may advertise the availability of certain types of VDE protected content by sending out email to a list of network users. More examples on para 2034-2035, 2042]
Extracting one or more fragments from the devices [Ginter: para 0146; Distribution using VDE may package both the electronic content and control information into the same VDE container, and/or may involve the delivery to an end-user site of different pieces of the same VDE managed property from plural separate remote locations and/or in plural separate VDE content containers and/or employing plural different delivery means. Content control information may be partially or fully delivered separately from its associated content to a user VDE installation in one or more VDE administrative objects. Portions of control information may be delivered from one or more sources. Control information may also be available for use by access from a user's VDE installation secure sub-system to one or more remote VDE secure sub-systems and/or VDE compatible, certified secure remote locations. Para 0992; the content portion of the object is divided into portions and provide additional security by applying one or more keys to fragmented or seemingly random pieces of content. Para 1429; The process of disguising or transforming information to hide its substance is called encryption and a cryptographic algorithm is the mathematical function used for encryption] ** where each device extracts fragments and places them in the data object according to the transformation specification; [**rejected under a secondary reference, discussion below]
sending the completed object to the requester. [Ginter: para 1083; enables reconstruction of a material portion or all of a given, valuable unit of content. More examples on para 1183, 1597, 2014]
Ginter can retrieve specific keys from the key storage areas in SPU and any keys stored external to the SPU [Ginter: para 0935]. The content portion of the object is divided into portions and provide additional security by applying one or more keys to fragmented or seemingly random pieces of content contained in an object, database, or other information entity [Ginter: para 0992]. Further, discloses enables reconstruction of a material portion or all of a given, valuable unit of content [Ginter: para 1083]. The PERC contains decryption keys for an object, and any other keys used with "rights" and contain the keys for the object content or keys to decrypt portions of the object that contain other keys that then can be used to decrypt the content of the object [Ginter: para 1120-1121]. Ginter suggest retrieving from their respective databases according to definitions identified by the encryption key. However, Ginter did not clearly teach retrieving the data fragments from their respective databases according to the encryption key; specifically the limitation “where each device extracts fragments and places them in the data object according to the transformation specification”.
Eigner teaches a system and method that provides secure storage, high speed access, recovery, and transmission of electronic data. There includes encrypting the first fragment using a first encryption key and the second fragment using a second encryption key; and storing, to at least a first of a plurality of storage locations, the first encrypted fragment with the corresponding first obfuscated record locator and the second encrypted fragment with the second obfuscated record locator. The plurality of storage locations that store the respective fragment according to the encryption key suggest “the data fragments from their respective databases” according to the encryption key. Eigner further includes retrieving a data map that includes at least a first portion of information required to retrieve and reconstruct the first data object, dynamically derive a second portion of the information required to retrieve and reconstruct the first data object, and retrieving the first data object from a plurality of data storage locations and reconstructing the first data object based on one or more of the information [Eigner: para 0010-0014]. As such, Eigner obviously suggest “where each device extracts fragments and places them in the data object according to the transformation specification”, where one would be motivated by the ability to retrieve each fragment in its respective storage locations (i.e. databases) associated to an encryption key which can provide secure storage, high speed access, recovery, and transmission of electronic data.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Eigner with Ginter to teach “where each device extracts fragments and places them in the data object according to the transformation specification” for the reason to retrieve each fragment in its respective storage locations (i.e. databases) associated to an encryption key which can provide secure storage, recovery, and transmission of electronic data [Eigner: para 0010-0014].
Claim 20: Ginter: para 0893, 1117-1120; discussing the combined transformation and distribution encryption method for processing data in a series of databases across a set of devices of claim 19, wherein the encryption key comprises a large integer representing one permutation out of a set of N permutations.
As per claim 21: Ginter, et al. teaches a combined transformation and distribution encryption method for processing data in a series of databases across a set of devices comprising the steps of:
separating data into data fragments, the size and contents of which are defined by an encryption key; [Ginter: para 0992; The content portion of the object is typically divided into portions called data blocks and provide additional security by applying one or more keys to fragmented or seemingly random pieces of content contained in an object, database, or other information entity. The size and number of data blocks is selected by the creator of the property. Data blocks need not all be the same size (size may be influenced by content usage, database format, operating system, security and/or other considerations)]
defining an encryption storage sequence according to an encryption key; [Ginter: para 0935; specific keys from the key storage areas in SPU and any keys stored external to the SPU. Para 1230, 1469; examples encrypt different portions with different keys that can be identified in order for retrieval]
storing each item of fragmented data in the encryption storage sequence in a database file; [Ginter: para 0934-0935; The key generation algorithm is typically specific to each type of encryption supported. The key and tag manager can retrieve specific keys from the key storage areas in SPU and any keys stored external to the SPU. Many of the keys are periodically updated and are kept within SPU in NVRAM or EEPROM because these memories are secure, updatable and non-volatile. Para 1390; a "fingerprinting" procedure that inserts into released content "fingerprints" that identify the object. As such, suggests each item of fragmented data is identifiable sequence that can be used for retrieval per se]
**retrieving the fragmented data from the respective encrypted database files; and [**rejected under a secondary reference, discussion below]
recombining the data fragments of source data into the original sequence.
[Ginter: para 1083; enables reconstruction of a material portion or all of a given, valuable unit of content. Para 1120-1121; PERC contains decryption keys for an object, and any other keys used with "rights" (for encoding and/or decoding) and contain the keys for the object content or keys to decrypt portions of the object that contain other keys that then can be used to decrypt the content of the object. Thus, decryption suggest recombining the fragments to the original sequence]
Ginter can retrieve specific keys from the key storage areas in SPU and any keys stored external to the SPU [Ginter: para 0935]. The content portion of the object is divided into portions and provide additional security by applying one or more keys to fragmented or seemingly random pieces of content contained in an object, database, or other information entity [Ginter: para 0992]. Further, Eigner discloses enables reconstruction of a material portion or all of a given, valuable unit of content [Ginter: para 1083.]. The PERC contains decryption keys for an object, and any other keys used with "rights" and contain the keys for the object content or keys to decrypt portions of the object that contain other keys that then can be used to decrypt the content of the object [Ginter: para 1120-1121]. Ginter suggest retrieving from their respective databases according to definitions identified by the encryption key. However, Ginter did not clearly teach the limitation “retrieving the fragmented data from the respective encrypted database files”.
Eigner teaches a system and method that provides secure storage, high speed access, recovery, and transmission of electronic data. There includes encrypting the first fragment using a first encryption key and the second fragment using a second encryption key; and storing, to at least a first of a plurality of storage locations, the first encrypted fragment with the corresponding first obfuscated record locator and the second encrypted fragment with the second obfuscated record locator. The plurality of storage locations that store the respective fragment according to the encryption key suggest “the fragmented data from the respective encrypted database files”. Eigner further includes retrieving a data map that includes at least a first portion of information required to retrieve and reconstruct the first data object, dynamically derive a second portion of the information required to retrieve and reconstruct the first data object, and retrieving the first data object from a plurality of data storage locations and reconstructing the first data object based on one or more of the information [Eigner: para 0010-0014]. As such, Eigner obviously suggest “retrieving the fragmented data from the respective encrypted database files”, can provide secure storage, high speed access, recovery, and transmission of electronic data.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Eigner with Ginter to teach “retrieving the fragmented data from the respective encrypted database files” for the reason to provide secure storage, high speed access, recovery, and transmission of electronic data [Eigner: para 0010].
Claim 22: Ginter: para 0934-0935, 1230 [fragments with specific keys and storage]; discussing the combined transformation and distribution encryption method for processing data in a series of databases across a set of devices of claim 21 wherein defining the encryption storage sequence comprises selecting the sequence of the data fragments to be stored.
Claim 23: Ginter: para 0934-0935, 1230 [retrieve specific keys by encryption key from the key storage areas]; discussing the combined transformation and distribution encryption method for processing data in a series of databases across a set of devices of claim 21 wherein defining the encryption storage sequence comprises defining the sequence of the database files for use in storing the data fragments.
Claim 24: Ginter: para 1070-1072, 1117; discussing the combined transformation and distribution encryption method for processing data in a series of databases across a set of devices of claim 21, wherein the encryption key comprises a large integer representing one permutation out of a set of N permutations.
Claim 25: Ginter: para 0934-0935, 1390 [stored/retrievable object by identifiable information]; discussing the combined transformation and distribution encryption method for processing data in a series of databases across a set of devices of claim 21 wherein each object stored is assigned a unique identifier and at least one encryption key.
Claim 26: Ginter: para 0934-0935, 1390 [retrieve specific keys from the key storage by identifiable information]; discussing the combined transformation and distribution encryption method for processing data in a series of databases across a set of devices of claim 21 wherein the unique identifier is used by a requester to retrieve a specific object, and it is used by the databases to identify data fragments.
Claim 27: Ginter: para 0992, 1429 [the content portion of the object is divided into portions, fragmented or random pieces of content]; discussing the combined transformation and distribution encryption method for processing data in a series of databases across a set of devices of claim 21 wherein the objects to be stored are pre-processed prior to fragmentation by a data transform function, whereby bits in the original data are diffused in such a way that no pattern may be observed within the encoded data.
Claim 28: Ginter: para 0992,1429 [transforming portions of data]; discussing the combined transformation and distribution encryption method for processing data in a series of databases across a set of devices of claim 21 wherein after fragmentation the data fragments are additionally transformed prior to storage.
Claim 29: Ginter: para 0190-0192, 0808, 0992 [enable a user to securely extract a portion of the content included within a VDE content container to produce a new, secure object (content container, and size related information), such that the extracted information is maintained in a continually secure manner through the extraction process]; discussing the combined transformation method for processing of data of claim 1 further comprising alteration of the stored data object such that a new data object of a larger size than the original data object and in which the original data object is placed according to a transform specification, and in which the new data object is originally comprised of data unrelated to the data in the original data object, this new data object being transmitted to a plurality of devices [Ginter: para 0146; Distribution using VDE may package both the electronic content and control information into the same VDE container, and/or may involve the delivery to an end-user site of different pieces of the same VDE managed property from plural separate remote locations and/or in plural separate VDE content containers and/or employing plural different delivery means]
Conclusion
THIS ACTION IS MADE FINAL. 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.
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Leynna Truvan
Examiner
Art Unit 2435
/L.TT/Examiner, Art Unit 2435
/JOSEPH P HIRL/Supervisory Patent Examiner, Art Unit 2435