DETAILED ACTION
Examiner’s Comment
The final rejection mailed 12/04/2025 has been vacated and replaced with the current final-rejection.
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
The Applicant’s amendments have overcome the 101 rejection of record.
Applicant’s arguments (along with applicant’s amendments) regarding the 103 rejection have been carefully considered, and are deemed persuasive.
The 112a rejection has been removed by the Examiner.
Applicant's arguments regarding the 112b rejections have been carefully considered but are not deemed persuasive. Applicant argues that the amendments have overcome the 112 rejections of record. However, only one part of the 112 rejections have been addressed by the Applicant (storage of the key). The rest of the rejection has not been addressed.
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.
Claims 1-4 are 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.
As currently recited, the hashing the message content based on secret key, and then generates a second hash based on the hashing. It then compares the two hashes (one hash generated based on the other – and without any other information relative to anything else) to makes a comparison based on which it makes a conclusion. This does not make sense in light of Applicant’s disclosure. How is the one hashed based on the other hash? How are they then compared? What is the result? Which device is performing the sending, retrieving, comparing etc.? The flow of the claim is unclear does not match what is in the Applicant’s specification. Therefore, the metes and bounds of the claim are unclear.
Allowable Subject Matter
Claims 1-4 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
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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/LISA C LEWIS/Primary Examiner, Art Unit 2495