DETAILED ACTION
This Office Action is in response to the communication filed on 05/01/2026.
Claims 2, 9 and 16 have been canceled.
Claims 1, 3-8, 10-15 and 17-20 are pending.
Claims 1, 8 and 15 have been amended.
Claims 1, 3-8, 10-15 and 17-20 are rejected.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/01/2026 has been entered.
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
In response to applicant's argument that no combination of the applied references would have rendered claim 1 (and similar claims 8 and/or 15), the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant's arguments filed 5/1/2026 assert that Zeng does not teach or suggest “the trusted agent is a kernel module among one or more kernel modules that the kernel verifies and executes”. Examiner disagrees.
Zeng teaches: the trusted agent is a kernel module… that the kernel verifies
Firmware bootloader (bootloader), which verifies [Wingdings font/0xE0] (ii)
UEIF firmware (kernel), which verifies [Wingdings font/0xE0] (iii)
Software package (kernel module).
While Zeng does not explicitly use the exact term “kernel module”, the “software package” of Zeng reads on the “kernel module” of recited claims.
Zeng teaches: the trusted agent is a kernel module among one or more kernel modules
Zeng teaches a Software package (kernel module) which reads on “one or more kernel module”
A single object reads on “one or more objects”.
Zeng teaches: kernel… executes
Zeng teaches the higher level module UEIF firmware “verifying and executing” lower level modules (software package), see Zeng [0082-0098]
Therefore, Zeng teaches the claimed limitations.
Applicant's arguments filed 5/1/2026 suggests that “driver” or “hardware configuration information correspond” to “kernel module”.
While this could be a reasonable mapping in some circumstances, Examiner is mapping kernel module to software package.
Applicant's arguments filed 5/1/2026 argues that Crowder does not make up for deficiencies of Zeng.
Zeng teaches the above limitations and is not deficient for the argued limitations nor is Crowder used to reject the argued limitations therefore the argument is moot.
Applicant argues that the dependent claims (3-7 and 10-14) are allowable based on the allowability of the independent claims. Examiner find the independent claims not allowable therefore the dependent claims are not allowable.
Applicant's arguments filed 5/1/2026 asserts similar arguments regarding claim 15 to those asserted for claims 1 and 8. Examiner asserts that claim 15 does not distinguish over the applied references for the reasons described above.
Applicant argues that the dependent claims (17-20) are allowable based on the allowability of the independent claims. Examiner find the independent claims not allowable therefore the dependent claims are not allowable.
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 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, 3-8 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Zeng (U.S. 20230169216), in view of Crowder (U.S. 20100062844).
Regarding claims 1 and 8,
Zeng discloses: An apparatus, comprising:
a processor; and (Zeng [0030-0040] processor and a memory)
a memory having instructions stored thereon that, when executed by the processor, cause the apparatus to: (Zeng [0030-0040] processor and a memory)
cause firmware executed by a processor to verify a bootloader; (Zeng [0082-0098]; [0100-0117] 2.6. Integrity verification is performed on the bootloader firmware using boot code stored in ROM)
in response to verifying the bootloader, cause the bootloader to be executed to verify a kernel; (Zeng [0082-0098]; [0100-0117] 2.7. Subsequently, by using a method similar to that in 2.3 to 2.6, the bootloader firmware may perform integrity verification on the UEFI firmware, and the UEFI firmware may perform integrity verification on the kernel software package)
in response to verifying the kernel, cause the kernel to be executed to verify a trust agent, wherein the trust agent is a kernel module among one or more kernel modules that the kernel verifies and executes; (Zeng [0004] the firmware or software is started only after the integrity verification is successful; [0082-0098] Before starting lower-level firmware or software, integrity verification needs to be performed on the firmware or software, and the firmware or software is started only after the integrity verification is successful; [0100-0117, 0220-0246] teaches loading and executing a kernel software package, by a kernel module (trusted agent), after verification is successful)
compare the hash for all of the one or more files combined or for each of the one or more files individually with a hash included in an application manifest file stored in a secure storage… and (Zeng [0069] 1.2. A root public key A and a root private key A that are provided by a device provider are obtained, and the root public key A or a hash (Hash) value of the root public key A is written into the storage area 11 of the chip 100. Compared with writing the root public key A, writing the hash value of the root public key A saves storage space; [0082-0098]; [0100-0117] 2.4. Check whether the root public key A provided by the device provider is tampered with. Specifically, whether the hash value of the root public key A′ is the same as a hash value of the root public key A″ is compared; [0111] Case 1: If the hash value of the root public key A′ is the same as the hash value of the root public key A″, the root public key A provided by the third-party integrator is not tampered with. In this case, 2.5′ is performed)
in response to confirming a hash match between the hash for all of the one or more files combined or for each of the one or more files individually and the hash included in the application manifest file, cause the one or more files that are part of the application to be executed. (Zeng [0069] 1.2. A root public key A and a root private key A that are provided by a device provider are obtained, and the root public key A or a hash (Hash) value of the root public key A is written into the storage area 11 of the chip 100. Compared with writing the root public key A, writing the hash value of the root public key A saves storage space; [0082-0098]; [0100-0117] 2.4. Check whether the root public key A provided by the device provider is tampered with. Specifically, whether the hash value of the root public key A′ is the same as a hash value of the root public key A″ is compared; [0111] Case 1: If the hash value of the root public key A′ is the same as the hash value of the root public key A″, the root public key A provided by the third-party integrator is not tampered with. In this case, 2.5′ is performed)
Zeng does not explicitly disclose: in response to verifying the trust agent, cause the trust agent, during a secure boot process, to process an application list to identify one or more files that are part of an application and to generate a hash for all of the one or more files combined or for each of the one or more files individually;
wherein the hash generation and comparison occur after successful operating system bring-up and before allowing execution of the application;
However, in the same field of endeavor Crowder discloses: in response to verifying the trust agent, cause the trust agent, during a secure boot process, to process an application list to identify one or more files that are part of an application and to generate a hash for all of the one or more files combined or for each of the one or more files individually; (Crowder [0020-0030]; [0052]; [0078-0092] teaches generating and verifying hashes of files within a software package manifest; [0030] performing a digital signature calculation on a file accessed during a bootup process; validating the contents of the accessed file by comparing the calculated digital signature to the saved digital signature; and presenting an error message on a video display when the contents of the accessed file is not validate; [0056] Placing the verification software 70 in the BIOS 64 is advantages because the code in the BIOS 64 is usually the first code executed upon boot or start-up of the gaming machine 10, making it hard to bypass the verification process; [Figure 5 and corresponding paragraphs 0067-0085] illustrate the securing booting process (which includes hash/digital signature generation))
wherein the hash generation and comparison occur after successful operating system bring-up and before allowing execution of the application; (Crowder [0015, 0028-0030, 0070-0076, Fig. 6 and associated paragraphs 0086-0105] If the operating system only needs to load 20% of the files during boot time, then the remaining 80% of the files can be verified on an "as-needed" basis when they are loaded at a later time)
Zeng and Crowder are analogous art because they are from the same field of endeavor hash verification.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Zeng and Crowder before him or her, to modify the method of Zeng to include the generating of hashes of files within a manifest of Crowder because it will verification to be performed on those filed.
The motivation for doing so would be [“validating the contents of the accessed file by comparing the calculated digital signature to the saved digital signature”] (Paragraph [0030] by Crowder)].
Therefore, it would have been obvious to combine Zeng and Crowder to obtain the invention as specified in the instant claim.
Regarding Claims 3 and 10,
Zeng in view of Crowder discloses: The apparatus of claim 1, wherein the firmware verifies the shim to verify the bootloader and causes the shim to be executed to verify the grub, and in response to verifying the grub, the grub verifies the kernel such that the bootloader verifies the kernel. (Zeng [0082-0098]; [0220-0247]; [0092] Case 1: If the verification is successful, the level-2 public key B provided by the device provider is not tampered with. In this case, 2.6 is performed; [0095] Specifically, integrity verification is performed on the bootloader firmware based on the level-2 public key B′ and the signature information corresponding to the bootloader firmware; [0096] Case 1: If the verification is successful, the bootloader firmware is not tampered with. In this case, the bootloader firmware is loaded and executed; SHIM and GRUB correspond to first and second of UEFI firmware verification)
Regarding Claims 4 and 11,
Zeng in view of Crowder discloses: The apparatus of claim 1, wherein the apparatus is further caused to:
in response to receiving an application package comprising the one or more files that are part of the application by way of a secure download from a source, cause a hash calculator to calculate a hash for the application package; (Crowder [0091-0095] teaches loading and verifying “as-needed” when reads on verifying in response to receiving; [0020-0030]; teaches the verification is performed using hashes)
generate the application manifest file, wherein the hash included in the application manifest file is the hash for the application package; and (Crowder [0020-0030]; [0052]; [0078-0092] teaches generating and verifying hashes of files within a received manifest list for an application package)
cause the application manifest file to be stored in the secure storage. (Crowder [0020-0030]; [0052]; [0078-0092] teaches generating and verifying hashes of files within a received manifest list for an application package and secure storage)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zeng with Crowder for similar reasons as cited in claim 1.
Regarding Claims 5 and 12,
Zeng in view of Crowder discloses: The apparatus of claim 4, wherein the application manifest file is generated before the firmware is executed. (Crowder [0020-0030]; [0056]; [0078-0092] teaches generating and verifying hashes of files within a received manifest list for an application package before executing the firmware)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zeng with Crowder for similar reasons as cited in claim 1.
Regarding Claims 6 and 13,
Zeng in view of Crowder discloses: The apparatus of claim 4, wherein the application manifest file is generated (Crowder [0020-0030]; [0056]; [0078-0092] teaches generating and verifying hashes of files within a received manifest list for an application package before executing the firmware) after the firmware is executed and before the trust agent is executed. (Zeng [0082-0098]; [0100-0117]; [0220-0246] teaches loading and executing a kernel software package after initial firmware verification but before the final verification)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zeng with Crowder for similar reasons as cited in claim 1.
Regarding Claim 7 and 14,
Zeng in view of Crowder discloses: The apparatus of claim 1, wherein the apparatus is further caused to:
during a secure download of the one or more files that are part of the application by way of a secure download from a source, cause a hash calculator to calculate a hash for an application package comprising the one or more files that are part of the application; (Crowder [0091-0095] teaches loading and verifying “as-needed” when reads on verifying in response to receiving; [0020-0030]; teaches the verification is performed using hashes)
generate the application manifest file, wherein the hash included in the application manifest file is the hash for the application package; and (Crowder [0020-0030]; [0052]; [0078-0092] teaches generating and verifying hashes of files within a received manifest list for an application package)
cause the application manifest file to be stored in the secure storage. (Crowder [0020-0030]; [0052]; [0078-0092] teaches generating and verifying hashes of files within a received manifest list for an application package and secure storage)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zeng with Crowder for similar reasons as cited in claim 1.
Claims 15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zeng (U.S. 20230169216), in view of Crowder (U.S. 20100062844) and in further view of Ghetie (U.S. 20210026966).
cause firmware executed by a processor to verify a bootloader; (Zeng [0082-0098]; [0100-0117] 2.6. Integrity verification is performed on the bootloader firmware using boot code stored in ROM)
in response to verifying the bootloader, cause the bootloader to be executed to verify a kernel; (Zeng [0082-0098]; [0100-0117] 2.7. Subsequently, by using a method similar to that in 2.3 to 2.6, the bootloader firmware may perform integrity verification on the UEFI firmware, and the UEFI firmware may perform integrity verification on the kernel software package)
in response to verifying the kernel, cause the kernel to be executed to verify a trust agent, wherein the trust agent is a kernel module among one or more kernel modules that the kernel verifies and executes; (Zeng [0004] the firmware or software is started only after the integrity verification is successful; [0082-0098] Before starting lower-level firmware or software, integrity verification needs to be performed on the firmware or software, and the firmware or software is started only after the integrity verification is successful; [0100-0117]; [0220-0246] teaches loading and executing a kernel software package, by a kernel module (trusted agent), after verification is successful)
compare the hash for all of the one or more files combined or for each of the one or more files individually with a hash included in an application manifest file stored in a secure storage… and (Zeng [0069] 1.2. A root public key A and a root private key A that are provided by a device provider are obtained, and the root public key A or a hash (Hash) value of the root public key A is written into the storage area 11 of the chip 100. Compared with writing the root public key A, writing the hash value of the root public key A saves storage space; [0082-0098]; [0100-0117] 2.4. Check whether the root public key A provided by the device provider is tampered with. Specifically, whether the hash value of the root public key A′ is the same as a hash value of the root public key A″ is compared; [0111] Case 1: If the hash value of the root public key A′ is the same as the hash value of the root public key A″, the root public key A provided by the third-party integrator is not tampered with. In this case, 2.5′ is performed)
in response to confirming a hash match between the hash for all of the one or more files combined or for each of the one or more files individually and the hash included in the application manifest file, cause the one or more files that are part of the application to be executed. (Zeng [0069] 1.2. A root public key A and a root private key A that are provided by a device provider are obtained, and the root public key A or a hash (Hash) value of the root public key A is written into the storage area 11 of the chip 100. Compared with writing the root public key A, writing the hash value of the root public key A saves storage space; [0082-0098, 0100-0117] 2.4. Check whether the root public key A provided by the device provider is tampered with. Specifically, whether the hash value of the root public key A′ is the same as a hash value of the root public key A″ is compared; [0111] Case 1: If the hash value of the root public key A′ is the same as the hash value of the root public key A″, the root public key A provided by the third-party integrator is not tampered with. In this case, 2.5′ is performed)
Zeng does not explicitly disclose: in response to verifying the trust agent, cause the trust agent, during a secure boot process, to process an application list to identify one or more files that are part of an application and to generate a hash for all of the one or more files combined or for each of the one or more files individually;
wherein the hash generation and comparison occur after successful operating system bring-up and before allowing execution of the application;
However, in the same field of endeavor Crowder discloses: in response to verifying the trust agent, cause the trust agent, during a secure boot process, to process an application list to identify one or more files that are part of an application and to generate a hash for all of the one or more files combined or for each of the one or more files individually; (Crowder [0020-0030]; [0052]; [0078-0092] teaches generating and verifying hashes of files within a software package manifest; [0030] performing a digital signature calculation on a file accessed during a bootup process; validating the contents of the accessed file by comparing the calculated digital signature to the saved digital signature; and presenting an error message on a video display when the contents of the accessed file is not validate; [0056] Placing the verification software 70 in the BIOS 64 is advantages because the code in the BIOS 64 is usually the first code executed upon boot or start-up of the gaming machine 10, making it hard to bypass the verification process; [Figure 5 and corresponding paragraphs 0067-0085] illustrate the securing booting process)
wherein the hash generation and comparison occur after successful operating system bring-up and before allowing execution of the application; (Crowder [0015, 0028-0030, 0070-0076, Fig. 6 and associated paragraphs 0086-0105] If the operating system only needs to load 20% of the files during boot time, then the remaining 80% of the files can be verified on an "as-needed" basis when they are loaded at a later time)
Zeng and Crowder are analogous art because they are from the same field of endeavor hash verification.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Zeng and Crowder before him or her, to modify the method of Zeng to include the generating of hashes of files within a manifest of Crowder because it will verification to be performed on those filed.
The motivation for doing so would be [“validating the contents of the accessed file by comparing the calculated digital signature to the saved digital signature”] (Paragraph [0030] by Crowder)].
Therefore, it would have been obvious to combine Zeng and Crowder to obtain the invention as specified in the instant claim.
Claims 15 additionally discloses: A non-transitory computer readable medium having instructions stored thereon (Ghetie [0082] The computer-readable or machine-readable storage medium may be non-transitory)
Zeng and Crowder are analogous art because they are from the same field of endeavor hash verification.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Zeng, Crowder and Ghetie before him or her, to modify the method of Zeng and Crowder to include the non-transitory Ghetie because it will allow for a non-transitory method to be performed.
The motivation for doing so would be [“threat mitigation”] (Paragraph [Abstract] by Ghetie)].
Therefore, it would have been obvious to combine Zeng, Crowder and Ghetie to obtain the invention as specified in the instant claim.
Regarding Claim 17,
Zeng in view of Crowder and Ghetie discloses: The apparatus of claim 1, wherein the firmware verifies the shim to verify the bootloader and causes the shim to be executed to verify the grub, and in response to verifying the grub, the grub verifies the kernel such that the bootloader verifies the kernel. (Zeng [0082-0098]; [0220-0247]; [0092] Case 1: If the verification is successful, the level-2 public key B provided by the device provider is not tampered with. In this case, 2.6 is performed; [0095] Specifically, integrity verification is performed on the bootloader firmware based on the level-2 public key B′ and the signature information corresponding to the bootloader firmware; [0096] Case 1: If the verification is successful, the bootloader firmware is not tampered with. In this case, the bootloader firmware is loaded and executed; SHIM and GRUB correspond to first and second of UEFI firmware verification)
Regarding Claim 18,
Zeng in view of Crowder and Ghetie discloses: The apparatus of claim 1, wherein the apparatus is further caused to:
in response to receiving an application package comprising the one or more files that are part of the application by way of a secure download from a source, cause a hash calculator to calculate a hash for the application package; (Crowder [0091-0095] teaches loading and verifying “as-needed” when reads on verifying in response to receiving; [0020-0030]; teaches the verification is performed using hashes)
generate the application manifest file, wherein the hash included in the application manifest file is the hash for the application package; and (Crowder [0020-0030]; [0052]; [0078-0092] teaches generating and verifying hashes of files within a received manifest list for an application package)
cause the application manifest file to be stored in the secure storage. (Crowder [0020-0030]; [0052]; [0078-0092] teaches generating and verifying hashes of files within a received manifest list for an application package and secure storage)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zeng with Crowder for similar reasons as cited in claim 1.
Regarding Claim 19,
Zeng in view of Crowder and Ghetie discloses: The apparatus of claim 4, wherein the application manifest file is generated before the firmware is executed. (Crowder [0020-0030]; [0056]; [0078-0092] teaches generating and verifying hashes of files within a received manifest list for an application package before executing the firmware)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zeng with Crowder for similar reasons as cited in claim 1.
Regarding Claim 20,
Zeng in view of Crowder and Ghetie discloses: The apparatus of claim 15, wherein the apparatus is further caused to:
during a secure download of the one or more files that are part of the application by way of a secure download from a source, cause a hash calculator to calculate a hash for an application package comprising the one or more files that are part of the application; (Crowder [0091-0095] teaches loading and verifying “as-needed” when reads on verifying in response to receiving; [0020-0030]; teaches the verification is performed using hashes)
generate the application manifest file, wherein the hash included in the application manifest file is the hash for the application package; and (Crowder [0020-0030]; [0052]; [0078-0092] teaches generating and verifying hashes of files within a received manifest list for an application package)
cause the application manifest file to be stored in the secure storage. (Crowder [0020-0030]; [0052]; [0078-0092] teaches generating and verifying hashes of files within a received manifest list for an application package and secure storage)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zeng with Crowder for similar reasons as cited in claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Jung 6/25/2017 (US 20180373878) teaches a secure boot mechanism for a multi-core system. In some examples, multiple execution environments may be sequentially booted according to a chain of trust that corresponds to the defense-in-depth hierarchy. A first stage of the secure boot may be based on the hardware root of trust of the multi-core processor. Subsequent stages may be based upon the trust in the previous stages. In some examples, if any stage is determined to be compromised, then the secure boot ceases, and neither the stage determined to be compromised nor any subsequent stages are booted.
Ansari 9/10/2020 (US 20230327883) teaches a bootloader authentication system with a multimedia device to mount within a vehicle, a memory device, and a processor. The memory device stores data indicative of a public key associated with the vehicle and a signed hash bootloader image indicative of a signature of a private key. The processor is in communication with the memory device and is programmed to: generate a signature verification block based on a combination of a random number and the signed hash bootloader image; compare the signature verification block to the public key to verify the signature of the private key; authenticate a bootloader in response to verifying the signature of the private key; and activate the multimedia device in response to bootloader authentication.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS A CARNES whose telephone number is (571)272-4378. The examiner can normally be reached Monday-Friday.
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, Shewaye Gelagay can be reached at (571) 272-4219. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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THOMAS A. CARNES
Examiner
Art Unit 2436
/THOMAS A CARNES/Examiner, Art Unit 2436
Prosecution Insights