DETAILED ACTION
The instant application having Application No. 18/705,796 filed on 09/28/2022 is presented for examination by the Examiner.
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 .
Claim Objections
Claims 19-20, 22-23 and 26-27 are objected to because of the following informalities:
Claim 19 recites “..wherein determining…” which should be changed to “..wherein the determining..”.
Claims 20 & 22 are rejected for the same rationale as claim 19 above.
Claim 23 recites “..perform the acts of generating, determining, and transmitting.” Which should be changed to “..perform the ”
Claim 26 recites “..further comprising carrying out the act of checking…” which should be changed to “..further comprising …”
Claim 27 is objected for the same rationale as claim 23 above. Appropriate correction is required.
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 21 & 31 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.
Claim 21 recites the limitations “..the transmissions..” and “..the provision..” There is lack of antecedent basis for these limitations in the claim.
Claim 31 recites the limitation “..the transmission takes place..” There is a lack of antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 16-24 and 37-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leavy et al. (US 2019/0020633 A1-hereinafter Leavy).
Regarding claim 16, Leavy discloses a method for a client device for synchronizing first encryption data with a second client device, the method comprising:
generating the first encryption data (at least figure 5, block 525, [0064], i.e.: random communication encryption key is generated);
determining second encryption data (at least figure 5, block 530, [0065], key-encrypting-key (KEK) or public key is determined);
encrypting the first encryption data based on the second encryption data in order to obtain encrypted first encryption data ([0065], the random communication encryption key is encrypted with the KEK/public key to obtain encrypted random communication encryption key); and
transmitting the encrypted first encryption data to a network component in order to be retrieved by the second mobile device (at least [0066], a packet containing at least the encrypted random communication encryption key is transmitted to a component of a secure communication platform to be retrieved/distributed by a receiver).
Regarding claim 17, Leavy discloses the method as claimed in claim 16. Leavy also discloses the first encryption data comprise a symmetric key (at least [0064][0066], the random communication encryption key is a 256-bit key/symmetric), and wherein the second encryption data comprise an asymmetric key (at least [0065], the KEK comprises public & private keys).
Regarding claim 18, Leavy discloses the method as claimed in claim 17. Leavy also discloses using the first encryption data to encrypt a plurality of personal access data of a user (at least [0038][0057], the random communication encryption key is used to encrypt different user data that is to be shared).
Regarding claim 19, Leavy disclose the method as claimed in claim 18. Leavy also discloses determining the second encryption data comprises obtaining the second encryption data generated by the second mobile device from the network component or from a further network component (at least [0059][0063]-[0066], i.e.: in an instance when receiver sends encrypted message to sender, KEK is obtained from a component of the secure communication platform).
Regarding claim 20, Leavy discloses the method as claimed in claim 19. Leavy also discloses determining the second encryption data comprises generating the second encryption data (at least [0065], KEK is generated), wherein the method further comprises providing the second encryption data to the second mobile device for decryption ( [0066]-[0068], at least the KEK is sent/provided to receiver for decryption).
Regarding claim 21, Leavy discloses the method as claimed in claim 20. Leavy also discloses the transmission takes place via a first communication path ([0066], transmission of the at least KEK to server is via a first communication path) and the provision via a second communication path ([0068], at least KEK is provided/sent to the receiver via a second communication path), wherein the first communication path differs from the second communication path (at least [0066]-[0068], wherein communication path of the at least KEK is transmitted to a component of the secure communication platform is different than communication path transmitting the at least KEK from the secure communication platform to the receiver), and wherein the second communication path comprises close-range communication (Leavy-at least [0057], i.e.: LAN, Bluetooth and etc.).
Regarding claim 22, Leavy discloses the method as claimed in claim 21. Leavy also discloses wherein determining the second encryption data comprises an input of a password by a user (at least [0040][0052][0063], i.e.: password is inputted before access is given to obtain receiver’s profile information/public key).
Regarding claim 23, Leavy discloses the method as claimed in claim 16. Leavy also discloses the method is carried out by a controller, the controller including a non-transient computer-readable medium comprising instructions which, when executed by the controller, causes the controller to perform the acts of generating, determining, and transmitting (at least at least figure 2, [0010], processor, memory and non-transitory computer medium).
Regarding claim 24, Leavy discloses a method for a second mobile device for synchronizing first encryption data with a first mobile device, the method comprising:
generating second encryption data (at least [0049], i.e.: public key of an asymmetric key pair is generated);
transmitting the second encryption data to a first network component (at least [0059], the public key is transmitted to a component of a server);
obtaining encrypted first encryption data from a second network component (at least [0066], receiving device receives encrypted packet from a component of secure communication platform); and
decrypting the encrypted first encryption data based on the second encryption data in order to obtain decrypted first encryption data (at least [0069], the encrypted packet is decrypted based on the public key to obtain at least a shared secret).
Regarding claim 27, Leavy discloses the method as claimed in claim 24. Leavy also discloses the method is carried out by a controller, the controller including a non-transient computer-readable medium comprising instructions which, when executed by the controller, causes the controller to perform the acts of generating, transmitting, obtaining and decrypting (at least at least figures 2 & 6, [0010][0046][0049], processor, memory and non-transitory computer medium).
Regarding claim 28, Leavy discloses a method for synchronizing first encryption data between a first mobile device and a second mobile device, wherein the first mobile device is a vehicle or a smartphone of a user (at least figure 1, [0045], i.e.: 116, client device), and
wherein the second mobile device is a vehicle or a smartphone of a user (at least figure 1, [0045], i.e.: 186, client device), the method comprising:
generating the first encryption data at the first mobile device (at least figure 5, block 525, [0064], i.e.: random communication encryption key is generated at sending device);
generating second encryption data at the second mobile device (at least figure 5, [0057]-[0059][0065], ephemeral key (i.e.: public key) is generated at receiving device);
transmitting the second encryption data to a first network component in order to be retrieved by the first mobile device (at least figure 5, [0059][0063], the public key is transmitted to a component of the secure communication platform);
encrypting the first encryption data based on the second encryption data in order to obtain encrypted first encryption data (at least figure 5, [0064]-[0065], i.e.: the random communication encryption key is encrypted based on the public key);
transmitting the encrypted first encryption data to a second network component in order to be retrieved by the second mobile device (at least figure 5, [0066], packet including the encrypted random communication encryption key is transmitted to a second component of the secure communication platform to be retrieved by the receiving device);
obtaining encrypted first encryption data from the second network component at the second mobile device (at least figure 6, [0068], the packet including the encrypted random communication encryption key is obtained at receiving device); and
decrypting the encrypted first encryption data based on the second encryption data in order to obtain decrypted first encryption data at the second mobile device (at least figure 6, [0069], the encrypted random communication encryption key is decrypted at receiving device to obtain decrypted random communication encryption key).
Regarding claim 29, Leavy discloses the method as claimed in claim 28. Leavy also discloses the first encryption data comprise a symmetric key (at least [0064] [0066], the random communication encryption key is a 256-bit key/symmetric), and wherein the second encryption data comprise an asymmetric key (at least [0065], the public key is asymmetric key).
Regarding claim 30, Leavy discloses the method as claimed in claim 29. Leavy also discloses using the first encryption data to encrypt a plurality of personal access data of a user (at least [0038][0057], the random communication encryption key is used to encrypt different user data that is to be shared).
Regarding claim 31, Leavy discloses the method as claimed in claim 00. Leavy also discloses the transmission takes place via a first communication path ([0066], transmission of the at least KEK to server is via a first communication path) and the provision via a second communication path ([0068], at least KEK is provided/sent to the receiver via a second communication path), wherein the first communication path differs from the second communication path (at least [0066]-[0068], wherein communication path of the at least KEK is transmitted to a component of the secure communication platform is different than communication path transmitting the at least KEK from the secure communication platform to the receiver), and wherein the second communication path comprises close-range communication (Leavy-at least [0057], i.e.: LAN, Bluetooth and etc.).
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.
Claims 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Leavy and in view of Weatherhead et al. (US 2019/0149894 A1-hereinafter Weatherhead).
Regarding claim 25, Leavy discloses the method as claimed in claim 24. Leavy also discloses carrying out the acts of obtaining encrypted first encryption data (at least [0066], receiving device receives encrypted packet from a component of secure communication platform) and decrypting the encrypted first encryption data (at least [0069], the encrypted packet is decrypted based on the public key to obtain at least a shared secret).
Leavy does not explicitly disclose prior to obtaining first encryption data from the second network component, checking whether first encryption data are available to the second mobile device.
However, Weatherhead discloses prior to downloading communication, checking whether the communication has been already downloaded ([0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the teachings of Weatherhead into the method of Leavy to reduce redundancy of downloading data that has already been downloaded in order to save memory space and processing resources of the method.
Regarding claim 26, Leavy and Weatherhead disclose the method as claimed in claim 25. Leavy also discloses carrying out the act of checking when a user logs in on the second mobile device or a user profile of the user is activated (at least [0057], i.e.: device enrollment occurs when user logs in to secure communication application with a new device (second mobile device)).
Claim 32-35 are rejected under 35 U.S.C. 103 as being unpatentable over Leavy and in view of Liu et al. (US 2019/0052635 A1-hereinafter Liu).
Regarding claim 32, Leavy discloses the method as claimed in claim 28. Leavy also discloses the second mobile device is a smartphone of a user (at least figure 1, [0045] either 116 or 118, client device).
Leavy does not explicitly disclose the first mobile device is a vehicle.
However, Liu discloses a first mobile device is a vehicle (at least figure 10, [0217], smart car).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the teachings of Liu into the method of Leavy to allow for different types of user devices to be used to carry out the method.
Regarding claim 33, Leavy discloses the method as claimed in claim 28. Leavy also discloses the first mobile device is a smartphone of a user (at least figure 1, [0045] either 116 or 118, client device).
Leavy does not explicitly disclose the second mobile device is a vehicle.
However, Liu discloses a second mobile device is a vehicle (at least figure 10, [0217], smart car).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the teachings of Liu into the method of Leavy to allow for different types of user devices to be used to carry out the method.
Regarding claim 34, Leavy and Liu disclose the method as claimed in claim 33. Leavy also discloses the smartphone includes a first controller including a non-transient computer-readable medium comprising instructions which, when executed by the first controller, causes the first controller to perform the acts of generating the first encryption data, encrypting the first encryption data, and transmitting the encrypted first encryption data to a second network component (Liu-at least at least figure 2, [0010][0064]-[0066], processor, memory and non-transitory computer medium to generate random communication key, encrypting the random communication key, and transmitting the encrypted random communication key to receiving device).
Regarding claim 35, Leavy and Liu disclose the method as claimed in claim 34. Leavy and Liu also disclose the vehicle includes a second controller including a non-transient computer-readable medium comprising instructions which, when executed by the second controller, causes the second controller to perform the acts of generating the second encryption data, transmitting the second encryption data to a first network component, and decrypting the encrypted first encryption data (Liu-at least at least figure 2, [0010][0064]-[0066], processor, memory and non-transitory computer medium to generate public key, transmitting the public key to secure communication platform, and decrypt the encrypted random communication key; Liu-at least figure 10, [0217], smart car).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHY ANH TRAN VU whose telephone number is (571)270-7317. The examiner can normally be reached Monday-Friday 7 am-1 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taghi T Arani can be reached at (571) 272-3787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHY ANH T VU/ Primary Examiner, Art Unit 2438