DETAILED ACTION
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 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 1-9 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 1 recites the limitation "a device" in line 8. The claim already discloses a device in the first line. It is unclear if this is the same device as in line 1, or a second device.
Claim 1 recites the limitation "a server system" in step h. The claim already discloses a server in the line 8. It is unclear if this is the same server as in line 8, or a second server.
Allowable Subject Matter
Claims 1-9 would likely be allowed if the 112 issues were overcome, as discussed with applicant in an interview with Maxim A. Rapoport on 15 June 2026.
The following is an examiner’s statement of reasons for indicating allowable subject matter:
Kalach et al., USPN 10,218,504, discloses a method for a first server to conduct secure communication with a device via a network, wherein the method is performed by the first server (column 3 lines 21-29), including:
(A) at least one processor (column 3 lines 30-43), and
(B) a nonvolatile memory operatively connected to the at least one processor (column 3 lines 30-43), the nonvolatile memory including machine executable instructions to be executed by the at least one processor (column 4 lines 16-30),
the method including:
a) storing in the nonvolatile memory a first set of key encapsulation (KEM) parameters (column 6 lines 9-27, column 7 lines 32-39)
b) receiving a first message from the device, the first message including a device ephemeral public key (column 8 lines 6-9), a second set of KEM parameters, and a first subset of both the first set of KEM parameters and the second set of KEM parameters (column 10 lines 27-59)
c) selecting a second subset of both the first set of KEM parameters and the second set of KEM parameters, wherein the first subset and the second subset support different algorithm types (column 12 lines 7-15, column 16 lines 49-60)
d) conducting a KEM ENCAPS function to generate a first shared secret and an asymmetric ciphertext using at least (i) the device ephemeral public key and (ii) the first subset (column 12 lines 16-31)
e) generating a first symmetric ciphering key using at least the first shared secret (column 12 lines 49-65).
Kalach does not disclose:
f) generating a server ephemeral public key and a server ephemeral private key using the second subset
g) generating signature data, wherein the signature data includes the server ephemeral public key and the asymmetric ciphertext
h) sending the signature data to a second server system
i) receiving a digital signature for the signature data from the second server system
j) generating a first symmetric ciphertext with the first symmetric ciphering key, wherein the first symmetric ciphertext includes the server ephemeral public key, the second subset, a server certificate, and the digital signature
k) sending a second message to the device, the second message comprising the asymmetric ciphertext and the first symmetric ciphertext.
It would not have been obvious for one of ordinary skill in the art, prior to the instant effective filing date, to add all these limitations together to the method of Kalach without the benefit of hindsight, as there is no seen motivation in Kalach to do so.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
References Cited
Wang et al., USPN 2021/0367930, discloses a network using encapsulated keys and ephemeral private keys (0074-0078) to mitigate quantum attacks (0062), but is not seen as disclosing the steps missing from Kalach.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB LIPMAN whose telephone number is (571)272-3837. The examiner can normally be reached 5:30AM-6:00PM.
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.
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/JACOB LIPMAN/Primary Examiner, Art Unit 2434
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