DETAILED ACTION
This Office Action is in response to the Amendments filed on 06/09/2026.
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 .
Response to Arguments
Regarding claims 16 and 24, Applicant's arguments filed 06/09/2026 have been fully considered but they are not persuasive.
Regarding claim 16, on pages 6-8, Applicant seems to argue that:
the information in the user directory of Leavy may be ‘personal’ but it is not ‘personal access data’ as that term is used in the present application.
“user directory” can be encrypted, but Leavy does not state that the user directory is encrypted “using the first encryption data” as required.
Leavy does not disclose a user of the first and second mobile devices.
Regarding claim 24, on pages 7-8, the Applicant argues that Leavy does not disclose transmitting the second encryption data to one network component and obtaining encrypted first encryption data from a different network component.
Regarding claim 28, on page 8, the Applicant argues that Leavy does not disclose the currently amended limitation that the two client devices communicate through two different network components.
In response, Examiner respectfully disagrees and submits that:
Regarding claim 16:
First, the Applicant is reminded that claims are interpretated in light of the specification, but limitations from the specification is NOT imported into the claim. Second, under broadest reasonable interpretation (BRI), personal access data is broadly interpreted as any data that generally refers to credentials or identifiers that grant an individual entry into a digital account, system or database. As such, information in the user directory (at least [0038]) such as usernames, email address, phone numbers, and department information clearly can be equated to the recited “personal access data”, as these identifiers could be used to identify a person in order to grant access to a system.
Leavy discloses when communication is exchanged between 2 entities/devices, the communication is encrypted to ensure the communication is secure (at least [0040]-[0041]). The communication is encrypted with random communication encryption key/first encryption key (at least [0049]). The communication including contents pertaining to directories, database and etc. (at least [0040]). As such, contrasting to the Applicant’s arguments, Leavy clearly discloses information in the user directory is encrypted with the random communication encryption key/first encryption key.
Leavy discloses a user may enroll multiple devices with the secure communication platform (at least [0045][0057], devices such as laptops, smartphones, and tablets). Leavy also discloses the secure communication provided by the secure communication platform can be best understood as providing device-to-device communication rather than user-to-user communication. For example, a first user with two devices who sends a message to a second user with 3 devices is sending an encrypted message to four devices-the 3 devices associated with the second user, and the first user’s second device (at least [0062]). As such, contrasting to the Applicant’s arguments, Leavy also discloses a user of the first and second devices.
Regarding claim 24, when an encrypted packet is transmitted from a sending device to receiving device(s), the packet is first sent to the secure communication platform (at least [0066]). The component at the secure communication platform that receives the encrypted packet from the sending device is being equated to the recited “first network component”. Then when the receiving device(s) interface with the secure communication platform to download the encrypted packet, the component of the secure communication platform which the receiving device(s) download the encrypted packet from is being equated to the recited “second network component”. As such, contrasting to the Applicant’s argument, Leavy discloses the first and second network components.
For all dependent claims of claims 16 and 24, please see response to claims 16 and 24 above.
Applicant’s arguments with respect to claims 28-35 have been considered but are moot in view of the new ground(s) of rejections.
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 16-17, 19-24 and 27 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); and
using the first encryption key data to encrypt a plurality of personal access data of a user of the first and second mobile devices (at least [0040][0049], contents pertaining to directories is encrypted with random communication encryption key/first encryption key).
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 19, Leavy discloses the method as claimed in claim 16. Leavy also discloses the 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 the 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 transmitting 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 the 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 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).
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)).
Claims 28-35 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 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 one of a laptop and a smartphone of a user (at least figure 1, [0045], i.e.: 116, i.e.: laptop), and wherein the second mobile device is the other of the laptop and a smartphone of the user (at least figure 1, [0045], i.e.: smartphone), 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).
Leavy does not disclose one of the first mobile device and a second mobile device is a vehicle.
However, Liu discloses that one of a first and second mobile device is a vehicle (at least figure 10, 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 29, Leavy and Liu disclose 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 and Liu disclose 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 and Liu disclose the method as claimed in claim 30. 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 32, Leavy and Liu disclose 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). Liu discloses a first mobile device is a vehicle (at least figure 10, [0217], smart car).
Regarding claim 33, Leavy and Liu disclose 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). Liu discloses a second mobile device is a vehicle (at least figure 10, [0217], smart car).
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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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
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