Prosecution Insights
Last updated: October 25, 2026
Application No. 18/702,707

PORTABLE ENCRYPTION DEVICE

Non-Final OA §103
Filed
Apr 18, 2024
Priority
Oct 19, 2021 — GB 2114925.7 +1 more
Examiner
HAILU, TESHOME
Art Unit
2434
Tech Center
2400 — Computer Networks
Assignee
Istorage Limited
OA Round
3 (Non-Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
560 granted / 716 resolved
+20.2% vs TC avg
Strong +24% interview lift
Without
With
+23.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
15 currently pending
Career history
744
Total Applications
across all art units

Statute-Specific Performance

§101
14.5%
-25.5% vs TC avg
§103
56.3%
+16.3% vs TC avg
§102
15.3%
-24.7% vs TC avg
§112
7.7%
-32.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 716 resolved cases

Office Action

§103
DETAILED ACTION This office action is in reply to applicant communication filed on May 13, 2026. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 13, 2026. Claims 1-14 are pending. Response to Argument Applicant’s arguments filed on January 08, 2026 with respect to the 35 U.S.C. 103 rejections have been fully considered but are moot in view of new ground(s) of rejection. Applicant’s argues that the prior art on record fails to teach the amended limitation of independent claims. However, upon further consideration, a new ground(s) of rejection is made using the newly find prior arts to Sastry (US Pub. No. 2016/0180114). 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 of this title, 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-4 and 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Keles (US Pub. No. 2019/0286842) in view of Sastry (US Pub. No. 2016/0180114). Keles provide Portable storage apparatus of test system (claimed) used for storing sensitive data of user loaded from computers and/or external device such as external test device or measurement equipment. As per claim 1, Keles discloses portable encryption device (para. 0019, for example) comprising: a controller having a plurality of modes (figs 1 and 2, furthermore para. 0051 discloses or a low security level SL, a relatively short encryption key EK can be stored and used for encrypting the low sensitive data memorized in the at least one low security level data memory 9-0. For a high security level SL, a more secure or longer encryption key K can be loaded from the key storage 5 and used for encrypting the respective data by the encryption logic 6A of the processing unit 4 to be stored in the high security level data memory 9-1 of the portable storage apparatus 1, for example); an encryption engine (fig. 1 depicted the processing unit 4 comprises an encryption logic 6A and a decryption logic 6B, for example) connected to or implemented within the controller (para. 0019 discloses the encryption logic of the processing unit, for example); an internal memory for storing a plurality of encryption keys (para. 0051 discloses different sets of encryption keys EK and/or decryption keys DK can be stored for different security levels SL, for example); a battery (para. 0057 discloses the portable storage apparatus 1 comprises a local power supply unit adapted to provide power supply at least for the processing unit 4 and the authentication unit 3, for example); an input device (fig. 1 depicted storage apparatus 1 comprises more than two different security level data memories, the security level selection unit 16 can comprise a keypad with several press buttons associated to the different data memories, for example) connected to the controller and for selecting between the plurality of modes (para. 0060 discloses after successful authentication, the security level selection unit 16 is activated or enabled. The enabled security level selection unit 16 is adapted to generate the security level selection control signal SL-SEL-CRTL in response to a user selection input of a user or in response to a device selection input signal received from the authenticated external device, for example); and a connector (fig. 1 depicted port 7, for example) for connecting the portable encryption device to a computer (para. 0053 discloses the data port 7 can comprise a serial or parallel data port 7 adapted to receive data from an external electronic device and to output data to the electronic device, for example); wherein the battery is arranged to selectively provide electrical power to the controller and input device (para. 0057 discloses the portable storage apparatus 1 comprises a local power supply unit adapted to provide power supply at least for the processing unit 4 and the authentication unit 3, for example) such that the plurality of modes are user-selectable while the device is not connected to a computer (para. 0060 discloses after successful authentication, the security level selection unit 16 is activated or enabled. The enabled security level selection unit 16 is adapted to generate the security level selection control signal SL-SEL-CRTL in response to a user selection input of a user or in response to a device selection input signal received from the authenticated external device, for example); wherein, in a first mode of the plurality of modes (para. 0051 discloses 1, the portable storage apparatus 1 comprises a low security level data memory 9-0 for a low security level SL0, for example), the encryption engine is configured to encrypt and decrypt data using a first encryption algorithm (para. 0051 discloses for a low security level SL, a relatively short encryption key EK can be stored and used for encrypting the low sensitive data memorized in the at least one low security level data memory 9-0. For a high security level SL, a more secure or longer encryption key K can be loaded from the key storage 5 and used for encrypting the respective data by the encryption logic 6A of the processing unit 4 to be stored in the high security level data memory 9-1 of the portable storage apparatus 1, for example); and wherein, in a second mode of the plurality of modes (fig. 1 depicted 1, the portable storage apparatus 1 comprises a low security level data memory 9-0 for a low security level SL0 and a high security level data memory 9-1 for a high security level SL1, for example), the encryption engine is configured to encrypt and decrypt data using a second encryption algorithm (para. 0051 discloses for a low security level SL, a relatively short encryption key EK can be stored and used for encrypting the low sensitive data memorized in the at least one low security level data memory 9-0. For a high security level SL, a more secure or longer encryption key K can be loaded from the key storage 5 and used for encrypting the respective data by the encryption logic 6A of the processing unit 4 to be stored in the high security level data memory 9-1 of the portable storage apparatus 1, for example), different from the first encryption algorithm (para. 0051 discloses in the key storage 5, different sets of encryption keys EK and/or decryption keys DK can be stored for different security levels SL. For instance, for a low security level SL, for example). Keles teaches the method of having a portable storage device for encrypting and storing sensitive data and authenticate user of the sensitive data (see abstract of Keles) but fails to clearly disclose the system of having selectable cry7ptographic modes and a plurality of different encryption algorithms. However, in the same field of endeavor, Sastry teaches this limitation as, (paragraph 21 of Sastry, the security component 130 may include a cryptographic circuit 135, a cryptographic controller 140, and a state manager 145. In an example, the security component may include an access controller 150. The cryptographic circuit 135 may include a cryptographic engine selected from a plurality of cryptographic engines) and (paragraph 53 of Sastry, a cryptographic circuit including: a cryptographic engine selected from a plurality of cryptographic engines; and a standard interface that is generic to the plurality of cryptographic engines, wherein, in operation, an unencrypted message from an initiator component received by a system-on-a-chip interconnect interface is provided to the cryptographic engine via the standard interface to produce an encrypted message that is transmitted to a destination component). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Keles and include the above limitation using the teaching of Sastry in order to secure the computing system by encrypting the computing data using the selected cryptographic method (see abstract of Sastry). As per claim 2, Keles discloses wherein the plurality of modes comprises a third mode, wherein in the third mode (fig. 7 depicted the portable storage apparatus 1 comprises four different data memories 9-0, 9-1, 9-2, 9-3 for different security levels SL0, SL1, SL2, SL3. For instance, the security level SL3 can comprise the highest security level for the most sensitive data, for example), the controller is configured to encrypt and decrypt data using a third encryption algorithm, different from each of the first and second algorithms (fig. 1 depicted storage apparatus 1 comprises more than two different security level data memories, the security level selection unit 16 can comprise a keypad with several press buttons associated to the different data memories, for example). As per claim 3, Keles discloses wherein each encryption algorithm is an algorithm selected from a group comprising: AES, DES, RSA, ECC, ECB, CBC, CTR, CFB, XTS, and GCM encryption algorithms, and their respective algorithm modes (para. 0051 discloses for a low security level SL, a relatively short encryption key EK can be stored and used for encrypting the low sensitive data memorized in the at least one low security level data memory 9-0. For a high security level SL, a more secure or longer encryption key K can be loaded from the key storage 5 and used for encrypting the respective data by the encryption logic 6A of the processing unit 4 to be stored in the high security level data memory 9-1 of the portable storage apparatus 1, for example). As per claim 4, Keles discloses wherein a plurality of encryption keys are stored on the internal memory, wherein each encryption key is associated with at least one of the modes (para. 0051 discloses for a low security level SL, a relatively short encryption key EK can be stored and used for encrypting the low sensitive data memorized in the at least one low security level data memory 9-0. For a high security level SL, a more secure or longer encryption key K can be loaded from the key storage 5 and used for encrypting the respective data by the encryption logic 6A of the processing unit 4 to be stored in the high security level data memory 9-1 of the portable storage apparatus 1, for example). As per claim 6, Keles discloses a second connector for connecting to an external storage device (para. 0019 discloses the encryption logic of the processing unit is adapted to encrypt data received by a data port of said portable storage apparatus, wherein the encryption is performed depending on the current processing mode using encryption keys selected according to the current processing mode of the processing unit, for example), wherein the portable encryption device is configured to encrypt data received via the connector, based on the selected mode, and wherein the device is configured to pass the encrypted data to the second connector (fig. 4, the portable storage apparatus 1 comprises a housing 2 including a first housing 2A of a basis storage component BSC and a second plug-in housing 2B of a plug-in storage component PISC, for example). As per claim 7, Keles discloses the portable encryption device of a second internal memory (para. 0019 discloses the encryption logic of the processing unit is adapted to encrypt data received by a data port of said portable storage apparatus, for example), wherein the portable encryption device is configured to encrypt data received via the connector, based on the selected mode, and wherein the device is configured to store the encrypted data on the second internal memory (para. 0051 discloses for a low security level SL, a relatively short encryption key EK can be stored and used for encrypting the low sensitive data memorized in the at least one low security level data memory 9-0. For a high security level SL, a more secure or longer encryption key K can be loaded from the key storage 5 and used for encrypting the respective data by the encryption logic 6A of the processing unit 4 to be stored in the high security level data memory 9-1 of the portable storage apparatus 1, for example). As per claim 8, Keles discloses wherein the controller is configured to receive authentication information via the input device and to calculate a derived encryption key from the received authentication information; and to decrypt at least one encryption key stored on the internal memory using the derived encryption key and to provide the decrypted encryption key to the encryption engine (para. 0054 discloses authentication unit 3 can comprise in a possible implementation a biometric authentication unit. The authentication unit 3 may further comprise in a possible embodiment an interface to receive user identification data input by the user and/or to receive device identification data of an external device to which the portable storage apparatus 1 is connected, for example). As per claim 9, Keles discloses wherein the input device comprises a keypad, a button, or a touchscreen (fig. 2 depicted The authentication unit 3 supplies an enable signal EN to a control line 17 to the security level selection unit 16 in case that an external device and/or a user has been successfully authenticated by the authentication unit 3, for example). As per claim 10, Keles discloses wherein the connector of the portable memory storage device is connected to the computer (para. 0053 discloses the data port 7 can comprise a serial or parallel data port 7 adapted to receive data from an external electronic device and to output data to the electronic device, for example and para. 0003 discloses a computer connected to the portable storage apparatus comprises an encryption unit which encrypts the user data and loads the encrypted user data into the data memory of the portable storage apparatus. Other less sensitive data can be stored in the data memory of the portable storage apparatus in not encrypted form). As per claim 11, Keles discloses an external storage device, wherein the portable encryption device is connected to the external storage device (fig. 4 depicted and para. 0063 discloses the portable storage apparatus 1 comprises a housing 2 including a first housing 2A of a basis storage component BSC and a second plug-in housing 2B of a plug-in storage component PISC, for example). As per claim 12, Keles discloses the method comprising: selecting, by a user, one mode out of the plurality of modes (para. 0060 discloses after successful authentication, the security level selection unit 16 is activated or enabled. The enabled security level selection unit 16 is adapted to generate the security level selection control signal SL-SEL-CRTL in response to a user selection input of a user or in response to a device selection input signal received from the authenticated external device, for example); receiving, at the portable encryption device, data from a computer or from an external storage device (para. 0019 discloses the encryption logic of the processing unit is adapted to encrypt data received by a data port of said portable storage apparatus, wherein the encryption is performed depending on the current processing mode using encryption keys selected according to the current processing mode of the processing unit, for example); and encrypting the received data based on the selected mode (para. 0051 discloses for a low security level SL, a relatively short encryption key EK can be stored and used for encrypting the low sensitive data memorized in the at least one low security level data memory 9-0. For a high security level SL, a more secure or longer encryption key K can be loaded from the key storage 5 and used for encrypting the respective data by the encryption logic 6A of the processing unit 4 to be stored in the high security level data memory 9-1 of the portable storage apparatus 1, for example). As per claim 13, Keles discloses a step of either storing the encrypted data in the portable encryption device; or passing the encrypted data to one of a computer and an external storage device for storage (para. 0019 discloses the portable storage apparatus according to the first aspect of the present invention, the encryption logic of the processing unit is adapted to encrypt data received by a data port of said portable storage apparatus, wherein the encryption is performed depending on the current processing mode using encryption keys selected according to the current processing mode of the processing unit, for example). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Keles (US Pub. No. 2019/0286842) and in view of Sastry (US Pub. No. 2016/0180114) and further in view of Jueneman (US Pub. No. US 2016/0021109). Jueneman provides the method involves hashing a plaintext file to produce a plaintext hash. The plaintext file is encrypted to create ciphertext. The ciphertext is hashed to produce a ciphertext hash. The plaintext hash and the ciphertext hash are hashed to produce a result hash. The ciphertext is sealed together with the result hash to produce an encrypted file. As per claim 5, The combination of Keles and Sastry discloses all claimed language except for wherein at least one encryption key is associated with at least two modes out of the plurality of modes. However, Jueneman discloses wherein at least one encryption key is associated with at least two modes out of the plurality of modes (para. 0138 discloses a SPED can also implement one or more asymmetric (public key) encryption operations. While asymmetric encryption operations underlie the key exchange operations described above, asymmetric key operations can also be used independently in a SPED for bulk encryption. Any asymmetric encryption operation can be implemented, such as, for example, the RSA, Diffie-Hellman, and Elliptic Curve Diffie-Hellman algorithms, and various variants thereof, for example). The combination of Keles and Sastry as modified by Jueneman are analogous art because they both are directed to method for file encryption of a plaintext file, and one of ordinary skill in the art would have had a reasonable expectation of success to modify the teachings of Keles with the specified features of Jueneman because they are from the same field of endeavor. In view of the above, having the device of Keles and then given the well- established teaching of Jueneman, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the teachings of Keles with the teachings of Jueneman order for allows simple logistics for changing any individual entity's secret without generating a new polynomial and distributing new shares to all [Jueneman: Abstract]. Claim 14 are rejected under 35 U.S.C. 103 as being unpatentable over Keles (US Pub. No. 2019/0286842) and in view of Sastry (US Pub. No. 2016/0180114) and further in view of Kosugi (US Pub. No. 2020/0084625). Kosugi provide an authentication system includes a first controller that performs wireless communication with a mobile terminal and a first authentication unit that executes authentication of the mobile terminal including ID authentication and code authentication through the wireless communication performed between the first controller and the mobile terminal. As per claim 14, The combination of Keles and Sastry discloses all claimed language except for the steps of: receiving authentication information via the input device; the controller calculating a derived encryption key from the received authentication information; and the controller decrypting at least one encryption key stored on the internal memory using the derived encryption key and providing the decrypted encryption key to the encryption engine. However, Kosugi discloses the steps of: receiving authentication information via the input device (fig. 1 depicted 1, a vehicle 1 and a mobile terminal 2 are configured to perform wireless communication with each other, for example); the controller calculating a derived encryption key from the received authentication information (fig. 2 and furthermore para. 0030 discloses Each of the key control unit 20 and the verification ECU 10 calculates a response code as a 96-bit data sequence from the challenge code, for example); and the controller decrypting at least one encryption key stored on the internal memory using the derived encryption key and providing the decrypted encryption key to the encryption engine (see claim 7, i.e. “… the authentication system according to claim 1, wherein the mobile terminal receives the data sequence from the first controller and calculates the terminal-side calculation result for the code authentication to obtain the portion of the terminal-side calculation result used in the encryption communication from the terminal-side calculation result, for example). The combination of Keles and Sastry as modified by Kosugi are analogous art because they both are directed to an authentication system and an authentication method, and one of ordinary skill in the art would have had a reasonable expectation of success to modify the teachings of Keles with the specified features of Kosugi because they are from the same field of endeavor. In view of the above, having the device of Keles and then given the well- established teaching of Kosugi, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the teachings of Keles with the teachings of Kosugi order to provide an authentication system and an authentication method that limit increases in a number of processes executed for communication [Kosugi: para. 0005]. Pertinent Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Hughes ( US Patent US 7,814,316 B1) provides a data encryption system with encryption integrity verification includes an encryption engine configured to receive an unencrypted data packet and generate an encrypted data packet based at least in part on the unencrypted data packet. The system also includes a decryption engine in electronic communication with the encryption engine, the decryption engine configured to receive the encrypted data packet and generate a decrypted data packet based at least in part on the encrypted data packet. The system further includes a comparator in electronic communication with the encryption engine and the decryption engine, the comparator configured to receive the unencrypted and decrypted data packets, determine whether the unencrypted and decrypted data packets are identical, and present the encrypted data packet as an output when the unencrypted and decrypted data packets are identical. Ishidoshiro (US Pub. No.: US 2005/0149745 A1) provide an encryption/decryption system, encryption/decryption equipment, and an encryption/decryption method in which the encryption/decryption equipment is attached to a computer in order to encrypt or decrypt data to be handled by the computer. Murray (US Pub. No.: US 2010/0070778 A1) provide A technique for secure file encryption first choose a file encryption key randomly among a set of file encryption keys and encrypts a file using the chosen file encryption key based on a set of encryption rules. The file encryption key can then be encrypted via a directory master secret (DMS) key for an extra layer of security so that an intruder cannot decrypt the encrypted file even if the intruder gains access to the DMS-encrypted file encryption key. Finally, the DMS-encrypted file encryption key can be stored in a metadata associated with the file. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TESHOME HAILU whose telephone number is (571)270-3159. The examiner can normally be reached M-F 8 a.m. - 5 p.m.. 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, Ali Shayanfar can be reached at (571) 270-1050. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TESHOME HAILU/Primary Examiner, Art Unit 2434
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Prosecution Timeline

Apr 18, 2024
Application Filed
Aug 07, 2025
Non-Final Rejection mailed — §103
Nov 05, 2025
Response Filed
Nov 14, 2025
Final Rejection mailed — §103
Jan 08, 2026
Response after Non-Final Action
May 13, 2026
Request for Continued Examination
May 23, 2026
Response after Non-Final Action
Sep 22, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+23.5%)
3y 3m (~8m remaining)
Median Time to Grant
High
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