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 .
Status of Claims
This is first office action on the merits in response to election filed on 06/07/2024.
Claims 4-6, 9-12, 15, 18, 21-24, 29-30, and 33-35 have been cancelled. Claims 1-3, 7-8, 13-14, 16-17, 19-20, 25-28, 31-32, and 36-38 are currently pending and have been examined.
Priority
Applicant's claim for the benefit of Provisional US Application No. 63/521,634 filed on 06/16/2023 is acknowledged. Applicant's claim for the benefit of Provisional US Application No. 63/472,268 filed on 06/09/2023 is acknowledged.
Claim Rejections - 35 USC § 102(a)(1)
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 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 1-3, 7-8, 13-14, 16-17, 19-20, 25-28, 31-32, and 36-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaplan (US 20140379440).
Regarding Claims 1, 13, 25, and 26, Kaplan teaches a portable hub for updating a memory in a plurality of electronic devices, the memory adapted to store an encryption algorithm and a data set, each of said devices comprising a security certificate, a remote wireless card and a processor (Paragraphs 0014-0015 teach FIG. 1 is a block diagram of a voting system with a mobilized polling station that uses modern information technology to provide a reliable, secure, rapid, and easy way for voters to cast their ballots; the information technology may include, for example, notebook computers, mobile phones, tablet computers, and other computing and communication devices; the mobilized polling stations can keep ballots up-to-date, access up-to-date voter authentication information, and support voters from multiple jurisdictions that use different styles of authentication and ballots), the portable hub comprising: a chassis; a grip on the chassis to facilitate movement of the portable hub by a single person from a first geographic location to a second geographic location (Paragraphs 0014, 0032, and 0039 teaches the mobilized polling station can be quickly and easily transported and put into operation; when a mobilized polling station is deployed to a polling location, set up of the station is simple; often all that is required is to move the components to their desired locations and turn them on; the mobilized polling station may use identification that is not specifically for voting, for example, a federal or military identification and map that identification to one or more state-specific databases to determine state-specific voting registration status for the user; the mobilized polling station allows voters from different jurisdictions (for example, states) to identify themselves using jurisdiction-specific credentials and registration data; this can facilitate voters from different jurisdictions voting at the same mobilized polling station with each voter receiving the correct ballot style); a power supply (Paragraph 0032 teaches the set up instructions are: (1) Connect power cords from the mobile polling server and the networking device to a power strip and (2) Plug in and turn on the power strip); a server having a main memory, an input and a display (Paragraph 0017 teaches the mobilized polling station illustrated in FIG. 1 includes a mobile polling server; the mobile polling server may be, for example, a notebook computer); a main wireless card coupled to the server (Paragraph 0019 teaches the networking device may be a wireless router such as an 802.11 or Wi-Fi device; other types of networking devices may be used depending on the networking capabilities of the mobile polling server and the client devices; for example, the networking device may be a cellular base station, for example, a picocell or other small form factor base station, for use with mobile phone clients; many other communication methods, both wired and wireless, may be used alternatively or additionally); wherein a security certificate is associated with the server (Paragraph 0034 teaches the perspective client device may be required to demonstrate that it possesses a device credential before connecting; the device credential may be a security certificate; the security certificate may be stored, for example, on a smart card or a universal serial bus (USB) device; requiring device credentials may prevent malicious devices from connecting to the mobilized polling station while allowing new client device to be used); wherein the main memory is adapted to store a main encryption algorithm and a main data set to be transferred to the plurality of electronic devices (Paragraph 0028 teaches the ballot box may be a digital ballot box that can be easily replicated, encrypted, transmitted to an election center, tabulated, and checked for errors; the digital ballot box may also use cryptographic techniques to encrypt ballot data and digitally sign ballots); wherein the server is programmed to provide a prompt via the display and to receive an answer to the prompt via the input (Paragraph 0032 teaches the set up instructions are: (1) Connect power cords from the mobile polling server and the networking device to a power strip; (2) Plug in and turn on the power strip; (3) Turn on the networking device; wait approximately one minute for blue wireless indicator to illuminate on the networking device; (4) Open lid on the mobile polling server and press power button; wait approximately two minutes for mobile polling server to boot and display ready indication on display screen; and (5) Use client devices for voting); wherein the server is adapted to be coupled to the plurality of electronic devices through a secure and encrypted wireless connection made between the main wireless card and the respective remote wireless cards to update the data set stored in the respective memories of the electronic devices (Paragraphs 0028, 0034, and 0054 teach a digital ballot box can be easily replicated, encrypted, transmitted to an election center, tabulated, and checked for errors; the digital ballot box may also use cryptographic techniques to encrypt ballot data and digitally sign ballots; the mobilized polling station may be configured to determine whether a perspective client device will be allowed to connect to the mobilized polling station for use by a voter; the perspective client device may be required to demonstrate that it possesses a device credential before connecting; the device credential may be a security certificate; cast ballots may be cryptographically sealed; this can include both encryption of data and use of cryptographic signatures; the cryptography may use public keys, private keys, or a combination of key types; the ballots may be digitally processed using techniques analogous to sealing paper ballots in signed envelopes where the envelope may be associated with a voter but that association is removed when the contents of the envelope are revealed); and wherein the power supply, the server, the main memory, and the main wireless card are secured to the chassis for support during movement of the portable hub (Paragraphs 0026 and 0032 teach the mobilized polling station, in an embodiment, is transported as a package including all components; the package may be a highly-deployable container, such as a parachute-deliverable or helicopter-portable container, for rapid delivery; when a mobilized polling station is deployed to a polling location, set up of the station is simple; often all that is required is to move the components to their desired locations and turn them on; the set up instructions are: (1) Connect power cords from the mobile polling server and the networking device to a power strip; (2) Plug in and turn on the power strip; (3) Turn on the networking device; wait approximately one minute for blue wireless indicator to illuminate on the networking device; (4) Open lid on the mobile polling server and press power button; wait approximately two minutes for mobile polling server to boot and display ready indication on display screen; and (5) Use client devices for voting).
Regarding Claims 13 and 26, Kaplan teaches a local area network (Paragraph 0021 teaches the telecommunications network may be a local area network (LAN)) comprising: a plurality of electronic devices wherein each electronic device comprises: a memory; a security certificate; wherein the memory is adapted to store an encryption algorithm and a data set; a remote wireless card; and a processor (Paragraphs 0018-0019 and 0034 teach client devices are coupled to the mobile polling server by a networking device; the number of client devices may vary and the client devices may be of various types; for example, a first client device may be a smart phone, a second client device may be a notebook computer, and a third client device may be a personal digital device or an ebook reader; the networking device may be a wireless router such as an 802.11 or Wi-Fi device; other types of networking devices may be used depending on the networking capabilities of the mobile polling server and the client devices; the perspective client device may be required to demonstrate that it possesses a device credential before connecting; the device credential may be a security certificate; the security certificate may be stored, for example, on a smart card or a universal serial bus (USB) device; requiring device credentials may prevent malicious devices from connecting to the mobilized polling station while allowing new client device to be used).
Regarding Claims 2 and 14, Kaplan teaches all the limitations of claims 1 and 13 above; and Kaplan further teaches where the plurality of electronic devices comprises a plurality of electronic poll books adapted for use during an election and wherein the data set stored in the memory of the electronic poll books provides a plurality of voter information (Paragraph 0018 teaches client devices are coupled to the mobile polling server by a networking device; although FIG. 1 illustrates three client devices, the number of client devices may vary and the client devices may be of various types; the client devices, by way of introduction, are used by voters to enter their credentials, view ballots, and select choices for contests on the ballots).
Examiner Note: The limitation “adapted for use during an election and wherein the data set stored in the memory of the electronic poll books provides a plurality of voter information” is an intended result. An intended result of a process step positively recited cannot be given patentable weight since this claim language suggests but does not require step(s) to be performed MPEP 2111.04. However, for purposes of compact prosecution, prior art is provided below.
Regarding Claims 3 and 14, Kaplan teaches all the limitations of claim 1 above; and Kaplan further teaches wherein the security certificate stored in the memory of the portable hub is the same as the security certificate stored in the main memory of the server (Paragraph 0034 teaches the perspective client device may be required to demonstrate that it possesses a device credential before connecting; the device credential may be a security certificate that may be stored, for example, on a smart card or a universal serial bus (USB) device; requiring device credentials may prevent malicious devices from connecting to the mobilized polling station while allowing new client device to be used).
Regarding Claims 7 and 19, Kaplan teaches all the limitations of claims 1 and 13 above; and Kaplan further teaches wherein the server in the portable hub is adapted to form a local area network with the plurality of electronic devices, and where the server updates the memory in the respective portable electronic devices through communications made through the local area network (Paragraphs 0020 and 0051 teach the mobilized polling station may include a connection to an election center via a telecommunications network; the election center can provide information about voter eligibility and corresponding ballots for the mobilized polling station; the election center can also collect voted ballots from the mobilized polling station; the mobilized polling station can store the ballot box in digital form, for example, on a disk drive or flash memory card; the ballot box is a replicated store, that is, copies of the data are stored on two or more separate storage devices, and when a change is made, the various copies are updated).
Regarding Claims 8 and 20, Kaplan teaches all the limitations of claims 1 and 13 above; and Kaplan further teaches wherein the server in the portable hub is adapted to update the memory in the respective portable electronic devices without the use of any connection to an internet while the respective portable electronic devices are being updated (Paragraphs 0016 and 0022-0023 teach the mobilized polling stations are also deployable in locations with infrastructure ranging from no power and no telecommunications capability to locations with limited power and slow or intermittent telecommunications links to locations with modern and reliable power and telecommunications capabilities; the mobilized polling station can be used for polling with or without a connection to the telecommunications network; the mobilized polling station will use the telecommunications network when available but continue functioning without interruption (using the local mobile polling server) as the connection to the telecommunications network comes into or out of service; this facilitates use at locations with no telecommunications link or with an unreliable link; the mobilized polling station may also operate from the election center when a reliable telecommunications link is present; the mobilized polling station can switch between the various operational states without being reconfigured).
Regarding Claim 16, Kaplan teaches all the limitations of claim 13 above; and Kaplan further teaches wherein the encryption algorithm stored in the memory of the portable hub corresponds to the encryption algorithm stored in the main memory of the server to facilitate an encrypted communication between the portable hub and the plurality of electronic devices (Paragraph 0028 teaches the ballot box may be a digital ballot box that can be easily replicated, encrypted, transmitted to an election center, tabulated, and checked for errors; the digital ballot box may also use cryptographic techniques to encrypt ballot data and digitally sign ballots).
Regarding Claim 17, Kaplan teaches all the limitations of claim 13 above; and Kaplan further teaches wherein: the security certificate is embedded in each of the portable electronic devices; or the security certificate is embedded in the portable hub (Paragraph 0034 teaches the perspective client device may be required to demonstrate that it possesses a device credential before connecting; the device credential may be a security certificate; the security certificate may be stored, for example, on a smart card or a universal serial bus (USB) device; requiring device credentials may prevent malicious devices from connecting to the mobilized polling station while allowing new client device to be used).
Regarding Claims 27 and 31, Kaplan teaches all the limitations of claims 1 and 25 above; and Kaplan further teaches further comprising a number of electronic devices ranging from 2 to 100 (Paragraphs 0016 and 0018 teach mobilized polling stations scale from very small deployments (for example, one hardware component) to medium deployments (for example, one notebook computer server and several mobile client devices) to large deployments (for example, many computers and many different client and user devices); client devices are coupled to the mobile polling server by a networking device; although FIG. 1 illustrates three client devices, the number of client devices may vary and the client devices may be of various types).
Regarding Claims 28 and 32, Kaplan teaches all the limitations of claims 1 and 25 above; and Kaplan further teaches further comprising a number of electronic devices ranging from 50 to 250 (Paragraphs 0016 and 0018 teach embodiments of mobilized polling stations scale from very small deployments (for example, one hardware component) to medium deployments (for example, one notebook computer server and several mobile client devices); client devices are coupled to the mobile polling server by a networking device; although FIG. 1 illustrates three client devices, the number of client devices may vary and the client devices may be of various types).
Regarding Claim 36, Kaplan teaches all the limitations of claim 25 above; and Kaplan further teaches wherein the step of using the server to update the data set in the memory of the plurality of electronic devices with the main data set stored in the main memory via the secure and encrypted communication channel is performed without any connection or access to the internet during said updating (Paragraph 0054 teaches cast ballots may be cryptographically sealed; this can include both encryption of data and use of cryptographic signatures; the cryptography may use public keys, private keys, or a combination of key types; the ballots may be digitally processed using techniques analogous to sealing paper ballots in signed envelopes where the envelope may be associated with a voter but that association is removed when the contents of the envelope are revealed; this scheme can aid in allowing ballots to be cast without real time authentication of voters).
Regarding Claims 37 and 38, Kaplan teaches all the limitations of claims 1 and 25 above; and Kaplan further teaches wherein the portable hub further comprises a suitcase and wherein the suitcase supports or contains all of the other components of the portable hub (Paragraph 0026 teaches the mobilized polling station, in an embodiment, is transported as a package including all components; the mobilized polling station does not ship with all the shown devices, but instead, includes facilities to network with devices already found at the voting location, such as preexisting computers, phones, or tablets; the package may be a highly-deployable container, such as a parachute-deliverable or helicopter-portable container, for rapid delivery).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kaplan et al. (US 20120330732) teaches a mobilized polKaplang station is deployable for voting in remote locations. The mobilized polling station includes a mobile polling server that stores a voter registration depository identifying potential voters and a ballot repository of blank ballots for the potential voters. Various client devices, such as smart phones, tablets computers, connect to the mobile polling server for voters to enter their credentials, receive the appropriate ballots, and cast their votes. The cast votes are collected by the mobile polling server and then provided to an election center for counting. Versions of mobilized polling station can operate with limited or no power and communications infrastructure.
Iredale et al. (US 20110270927) teaches a system and method for synchronizing electronic poll book voter databases. The system includes a plurality of electronic poll books in communication over a network, each poll book having a unique identifier and each including a voter database of voter information. Each poll book is operable to transmit its unique identifier in an information packet and receive information packets from other poll books. Each poll book arranges the transmitted and received unique identifiers in order according to a predetermined ordering scheme, and establishes communication with two other poll books and exchanges voter database information to ensure all databases have updated information. With the communication established as described, the poll books form a ring network and database information is propagated from poll book to poll book to synchronize the databases between all of the poll books.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY JONES whose telephone number is (469) 295-9137. The examiner can normally be reached on 7:30 am - 4:30 pm CST (M-Th).
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, Neha Patel can be reached at (571) 270-1492. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/COURTNEY P JONES/Primary Examiner, Art Unit 3699