DETAILED ACTION
Remarks
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is responsive to the communication(s) filed on 06/26/2024. Claims 1-20, of which claims 1, 8, and 16 are independent, were pending in this application and are considered below.
Priority
Acknowledgment is made of the Applicant's claim for foreign priority filed in China on 12/27/2021 under 35 U.S.C. 119(a)-(d).
Applicant's claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
The references cited on the information disclosure statement (IDS) submitted on 03/14/2025 have been considered and made of record by the examiner.
Claim Rejections - 35 USC § 112(b) or pre-AIA 35 USC § 35 USC § 112, second paragraph
Examiner Note: The Leahy-Smith America Invents Act (AIA ) made technical changes to 35 U.S.C. § 112 that only apply to patent applications filed on or after on September 16, 2012.
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 pre-AIA 35 U.S.C. 112, 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 8-20 are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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 pre-AIA the applicant regards as the invention
Regarding claim 8, claim recites the limitation “a network device” (line 7 of claim 8), which term is vague and indefinite, because it is not clear whether it is one of the “M network devices” (line 5 of claim 8), or it is different from them, which leaves the reader in doubt as to the meaning of the technical feature to which it refers to, thereby rendering the definition of the subject matter of the claim indefinite.
Regarding claim 16, claim recites the limitation “the historical key” (line 9 of claim 16). There is insufficient antecedent basis for this limitation in the claim. It is recommended to replace the limitation with phrase --the latest historical key--. Claim also recites ”the [latest] historical key comprises a historical key…” (line 9 of claim 16), which is vague and indefinite, because claim earlier recites: “a latest historical key in one or more historical keys” (line 8 of claim 16), which leaves the reader in doubt as to the meaning of the technical feature to which it refers to, thereby rendering the definition of the subject matter of the claim indefinite.
Regarding claims 9-15 and 17-20, claims are rejected due to their dependency to the rejected claims 8 and 16, correspondingly.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
"A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference." Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628,631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987). "When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art." Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001) (claim to a system for setting a computer clock to an offset time to address the Year 2000 (Y2K) problem, applicable to records with year date data in "at least one of two-digit, three-digit, or four-digit" representations, was held anticipated by a system that offsets year dates in only two-digit formats). See also MPEP § 2131.02. "The identical invention must be shown in as complete detail as is contained in the … claim." Richardson v. Suzuki Motor Co., 868 F.2d 1226, 1236, 9 USPQ2d 1913, 1920 (Fed. Cir. 1989). The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990). Note that, in some circumstances, it is permissible to use multiple references in a 35 U.S.C. 102 rejection. See MPEP § 2131.01. ("(A) Prove a primary reference contains an "enabled disclosure;" (B) Explain the meaning of a term used in the primary reference; or (C) Show that a characteristic not disclosed in the reference is inherent.").
Claim 8 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. US 2020/0022209 A1 to Peng et al.
Regarding claim 8, Peng et al. a disclose a communication method (Fig. 6), comprising:
communicating with a terminal in a first cell (Fig. 6 {which shows communication between MN comprising first cell and terminal}; ¶[0175]: "After dual connectivity is configured for the terminal, serving cell groups are divided into an MCG and an SCG. A cell in the MCG belongs to the MN," and paragraph 0072: "In dual connectivity. a data radio bearer (Data Radio Bearer, DRB) may be provided only by the MN or the SN, or may be provided by both the MN and the SN. When the ORB is provided only by the MN, the DRB is referred to as a master cell group (Master Cell Group, MCG)") by using a first key (¶[0173]: "an access stratum (access stratum, AS) root key (for example, KeNB) of the MN");
deriving a first key set, wherein the first key set comprises Q keys (¶[0179]: "the MN may send a key group (or a key list (key list)) to the SN for the SN to select a key from the key group when updating a key. Optionally, the key group may be carried in the request message in step S502 in FIG. 5, or the addition request message in step S610 in FIG. 6”; ¶[0180]: "the SN receives the key group and the count value group, and selects a new key, that is, a key different from an existing key, from the key group when a key needs to be updated." {i.e., said key group/list comprises several keys Q> 1 from which a new key is selected}; ¶[0030]: "the master node may send a group of count values, that is, a count value group, used to derive the keys in the key group to the terminal." {i.e., master node MN derives said key group based on said count values/value group}) corresponding to N cells in a first cell set (¶[0175]: "After dual connectivity is configured for the terminal, serving cell groups are divided into an MCG and an SCG. A cell in the MCG belongs to the MN, and a cell in the SCG belongs to the SN),
the N cells are cells of M network devices (Fig. 6: “RAN node 110” and “RAN node 120” {the network device MN is equivalent of RAN node 110 and the network device SN is equivalent of RAN node 120}) , the first cell set corresponds to the terminal (¶[0175]: "After dual connectivity is configured for the terminal. serving cell groups are divided into an MCG and an SCG. A cell in the MCG belongs to the MN, and a cell in the SCG belongs to the SN. Carrier aggregation (Carrier Aggregation, CA")
, and Q, N, and M are integers greater than or equal to 1 (¶[0180]: "the SN receives the key group and the count value group, and selects a new key, that is, a key different from an existing key, from the key group when a key needs to be updated." {i.e., said key group/list comprises several keys Q> 1 from which a new key is selected, there are N cells equivalent of serving cell groups as well as two network devices, in which the network device MN is equivalent of RAN node 110 and the network device SN is equivalent of RAN node 120});
sending second key information (Fig. 6: “S610: Addition request message”; ¶[0179] "the MN may send a key group (or a key list (key list)) to the SN for the SN to select a key from the key group when updating a key. Optionally, the key group may be carried in the request message in step S502 in FIG. 5, or the addition request message in step S610 in FIG. 6”) to a network device corresponding to a second cell in the first cell set (Fig. 6: "RAN node 120” {in which the network device SN is equivalent of RAN node 120} ¶[0175]: "After dual connectivity is configured for the terminal, serving cell groups are divided into an MCG and an SCG. A cell in the MCG belongs to the MN, and a cell in the SCG belongs to the SN.“), wherein the second key information comprises a second candidate key, the first key set comprises the second candidate key, and the second key
information is used to configure a key corresponding to the second cell (¶[0180]: "the SN receives the key group and the count value group. and selects a new key. that is, a key different from an existing key. from the key group when a key needs to be updated .").
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1,148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
The foregoing obviousness inquiry requires an expansive and flexible approach, not a rigid approach demanding express teachings, suggestions and motivations to combine prior art teachings. KSR International Co. v. Teleflex, Inc., 82 USPQ2d 1385, 1395, 97 (US 2007). The rationale supporting a conclusion of obviousness should be made explicit for review, but the rationale does not require precise teachings directed to the specific subject matter of the claim. Id. at 1396. A rejection can rely on inferences and creative steps that a person of ordinary skill in the art would employ. Id. Obviousness rejections are not limited to showing the obviousness of solutions to the problems Applicant was trying to solve. Id. at 1397. Rather, one can show obviousness of a claim by establishing the obviousness of any solution to any known problem in the field of endeavor and addressed by a patent application's subject matter. Id. Moreover, one of ordinary skill in the art is not an automaton, but is possessed of ordinary creativity. Id. One of ordinary skill could find alternative uses for prior art elements beyond the elements' primary purposes and fit prior art teachings together like a puzzle. Id. A combination of prior art teachings does not require absolute predictability. Eli Lilly and Co. v. Zenith Goldline Pharmaceuticals Inc., 81 USPQ2d 1324, 1329 (Fed. Cir. 2006). All that is required is a reasonable expectation of success. Id.
Claims 1, 2-4, 6-7, 9, and 11-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Peng et al.
Regarding claim 1, Peng et al. disclose a communication method (Fig. 6), comprising:
communicating with a first network device in a first cell of the first network device (Fig. 6 {which shows communication between MN comprising first cell and terminal}; ¶[0175]: "After dual connectivity is configured for the terminal, serving cell groups are divided into an MCG and an SCG. A cell in the MCG belongs to the MN," and paragraph 0072: "In dual connectivity. a data radio bearer (Data Radio Bearer, DRB) may be provided only by the MN or the SN, or may be provided by both the MN and the SN. When the ORB is provided only by the MN, the DRB is referred to as a master cell group (Master Cell Group, MCG)") by using a first key (¶[0173]: "an access stratum (access stratum, AS) root key (for example, KeNB) of the MN"); and
determining first key configuration information for configuring a key (¶[0030]: "the master node may send a group of count values, that is, a count value group, used to derive the keys in the key group ... the terminal sequentially selects a count value from the count value group, to perform synchronous key update") corresponding to a first cell set (¶[0175}: "After dual connectivity is configured for the terminal, serving cell groups are divided into an MCG and an SCG. A cell in the MCG belongs to the MN, and a cell in the SCG belongs to the SN.”) the first key configuration information comprises first derivation configuration information (¶[0030]: "the master node may send a group of count values, that is, a count value group, used to derive the keys in the key group to the terminal … When the terminal receives the notification message, the terminal sequentially selects a count value from the count value group, to perform synchronous key update."), , and first input parameter indication information (¶[0030]: "count values, that is, a count value group ... selects a count value from the count value group, to perform synchronous key update") , the first derivation configuration information indicates to perform derivation based on a first specified key (¶[0030]: "key update" {i.e., there is a first specified key, which is old or previous or historical key, and is updated}), (Fig. 2(b): “NR gNB” and “LTE eNB” {the dual connectivity shown is based on two different standard namely LTE and 5G NR}; ¶[0095]: "The NR gNB serves as an MN, and control plane and user plane connections may be established for a terminal between the MN and the NGC. An LTE eNB serves as an SN,"; ¶[0174]: "an AS root key and a derived key of the AS root key are described above by using those in the LTE system as an example, but are not limited in this application. For example, when the MN is a base station in the LTE system, the AS root key and the derived key of the AS root key are represented as KeNB and SKeNB. When the MN is a base station in a system of another standard, a different form may be used for presentation. For example, in a 5G communications system, the AS root key and the derived key of the AS root key may be represented as KgNB and SKgNB, or Kcu and SKcu"; ¶0173]: "The security key may be derived based on an access stratum (access stratum, AS) root key (for example, KeNB) of the MN. For example, when the MN is a RAN node in an L TE system, the security key may be SKeNB derived based on KeNB. The SN selects an encryption/decryption algorithm and an integrity protection/check algorithm according to a local policy. The SN derives, based on the selected algorithms and the security key. a key for encryption/decryption and a key for integrity protection/check") and the first input parameter indication information indicates to use a quantity of (¶[0030]: "the master node may send a group of count values, that is, a count value group, used to derive the keys in the key group to the terminal. ... When the terminal receives the notification message, the terminal sequentially selects a count value from the count value group, to perform synchronous key update"). Peng et al. disclose all the limitations, as stated above, except for expressly teaching quantity of access times (crossed through above), which is used as key derivation input in order to synchronize the key derivations between the terminal and the network; and expressly teaching first derivation indication information indicates a derivation manner, the derivation manner comprises horizontal derivation or vertical derivation, which results deriving keys for cells belonging to the same standard version (i.e., horizontal key derivation) or to different standard version (i.e., vertical derivation) in order to derive the keys depending on cell standard version. However, instead of quality of “access time”, Peng et al. disclose that the quantity is “count value group”, as stated above, and further describes that that said count value group is also used for synchronizing key derivation of said Q keys in said key group/list used at different access times/windows between the terminal and the second cell (¶[0030]: "the master node may send a group of count values, that is, a count value group, used to derive the keys in the key group to the terminal ... When the terminal receives the notification message, the terminal sequentially selects a count value from the count value group, to perform synchronous key update."), which means Peng et al merely uses a different terminology for said claimed quantity. Furthermore, Peng et al. explains vertical as well as horizontal key (¶[0174] {i.e., 5G NR derived keys and/or LTE derived keys}; Fig. 2(b): “NR gNB” and “LTE eNB” {the dual connectivity shown is based on two different standard namely LTE and 5G NR}; ¶[0095]: "The NR gNB serves as an MN … An LTE eNB serves as an SN,"; ¶[0098]: ” In dual connectivity, a data radio bearer (DRB) may be provided only by the MN or the SN, or may be provided by both the MN and the SN. When the DRB is provided only by the MN, the DRB is referred to as a master cell group (MCG) bearer. When the DRB is provided only by the SN, the DRB is referred to as a secondary cell group (SCG) bearer.” {i.e., MN corresponds to first cell group MCG and SN corresponds to second cell group SCG and are belonging to different standard versions i.e. LTE and 5G NR}). Therefore, it would have been obvious to one ordinary skill in the art, before the effective filing date of the claimed invention to use teaching of Peng et al. to arrive at the claimed invention with a reasonable expectation of success.
Regarding claim 2, Peng et al. disclose as stated above. Peng et al. also disclose determining a second key based on the first key configuration information, wherein the second key is for communication with a network device corresponding to a second cell in the first cell set (¶[0030]: "the master node may send a group of count values, that is, a count value group, used to derive the keys in the key group to the terminal. ... When the terminal receives the notification message, the terminal sequentially selects a count value from the count value group, to perform synchronous key update .... "; ¶[0180]: "the SN receives the key group and the count value group. and selects a new key. that is, a key different from an existing key, from the key group when a key needs to be updated" {i.e., updating a key suggests second new key used for communication with second cell in SN equivalent to RAN node 120}).
Regarding claim 3, Peng et al. disclose as stated above. Peng et al. also disclose wherein the determining of the first key configuration information comprises: receiving the first key configuration information from the first network device; or predefining or preconfiguring the first key configuration information (¶[0030]: "the master node may send a group of count values, that is, a count value group, used to derive the keys in the key group to the terminal. ... When the terminal receives the notification message, the terminal sequentially selects a count value from the count value group, to perform synchronous key update .... "; ¶[0180]: "the SN receives the key group and the count value group. and selects a new key. that is, a key different from an existing key, from the key group when a key needs to be updated" {i.e., updating a key suggests second new key used for communication with second cell in SN equivalent to RAN node 120}).
Regarding claim 4, Peng et al. disclose as stated above. Peng et al. also disclose sending an access message to the second cell (¶[0183]: "the terminal may send an RRC connection re-establishment request message to the SN").
Regarding claim 6, Peng et al. disclose as stated above. Peng et al. also disclose wherein the first specified key comprises the first key (¶[0173]: "an access stratum (access stratum, AS) root key (for example, KeNB) of the MN"), a latest historical key in one or more historical keys corresponding to the second cell, or a key corresponding to an original cell, and the original cell is a cell that determines the first cell set (¶[0030]: "key update" {i.e., there is a first specified key, which is old or previous or historical key, and is updated}; [¶[0180]: "the SN receives the key group and the count value group. and selects a new key, that is, a key different from an existing key, from the key group when a key needs to be updated.")..
Regarding claim 7, Peng et al. disclose as stated above. Peng et al. also disclose determining the first cell set or updating the first cell set (¶[0175}: "After dual connectivity is configured for the terminal, serving cell groups are divided into an MCG and an SCG. A cell in the MCG belongs to the MN, and a cell in the SCG belongs to the SN.”).
Regarding claim 9, Peng et al. disclose as stated above. Peng et al. also disclose sending, to the terminal, first key configuration information (¶[0030]: "the master node may send a group of count values, that is, a count value group, used to derive the keys in the key group to the terminal … When the terminal receives the notification message, the terminal sequentially selects a count value from the count value group, to perform synchronous key update.") for configuring a key corresponding to the first cell set, the first key configuration information comprises first(¶[0030]: "key update" {i.e., there is a first specified key, which is old or previous or historical key, and is updated}), (Fig. 2(b): “NR gNB” and “LTE eNB” {the dual connectivity shown is based on two different standard namely LTE and 5G NR}; ¶[0095]: "The NR gNB serves as an MN, and control plane and user plane connections may be established for a terminal between the MN and the NGC. An LTE eNB serves as an SN,"; ¶[0174]: "an AS root key and a derived key of the AS root key are described above by using those in the LTE system as an example, but are not limited in this application. For example, when the MN is a base station in the LTE system, the AS root key and the derived key of the AS root key are represented as KeNB and SKeNB. When the MN is a base station in a system of another standard, a different form may be used for presentation. For example, in a 5G communications system, the AS root key and the derived key of the AS root key may be represented as KgNB and SKgNB, or Kcu and SKcu"; ¶0173]: "The security key may be derived based on an access stratum (access stratum, AS) root key (for example, KeNB) of the MN. For example, when the MN is a RAN node in an L TE system, the security key may be SKeNB derived based on KeNB. The SN selects an encryption/decryption algorithm and an integrity protection/check algorithm according to a local policy. The SN derives, based on the selected algorithms and the security key. a key for encryption/decryption and a key for integrity protection/check"), the first input parameter indication information indicates to use (¶[0030]: "the master node may send a group of count values, that is, a count value group, used to derive the keys in the key group ... the terminal sequentially selects a count value from the count value group, to perform synchronous key update"). Peng et al. disclose all the limitations, as stated above, except for expressly teaching quantity of access times (crossed through above), which is used as key derivation input in order to synchronize the key derivations between the terminal and the network; and expressly teaching first derivation indication information indicates a derivation manner, the derivation manner comprises horizontal derivation or vertical derivation, which results deriving keys for cells belonging to the same standard version (i.e., horizontal key derivation) or to different standard version (i.e., vertical derivation) in order to derive the keys depending on cell standard version. However, Peng et al. explains vertical as well as horizontal key (¶[0174] {i.e., 5G NR derived keys and/or LTE derived keys}; Fig. 2(b): “NR gNB” and “LTE eNB” {the dual connectivity shown is based on two different standard namely LTE and 5G NR}; ¶[0095]: "The NR gNB serves as an MN … An LTE eNB serves as an SN,"; ¶[0098]: ” In dual connectivity, a data radio bearer (DRB) may be provided only by the MN or the SN, or may be provided by both the MN and the SN. When the DRB is provided only by the MN, the DRB is referred to as a master cell group (MCG) bearer. When the DRB is provided only by the SN, the DRB is referred to as a secondary cell group (SCG) bearer.” {i.e., MN corresponds to first cell group MCG and SN corresponds to second cell group SCG and are belonging to different standard versions i.e. LTE and 5G NR}). Therefore, it would have been obvious to one ordinary skill in the art, before the effective filing date of the claimed invention to use teaching of Peng et al. to arrive at the claimed invention with a reasonable expectation of success.
Regarding claim 11, Peng et al. disclose as stated above. Peng et al. also disclose wherein the first specified key comprises the first key (¶[0173]: "an access stratum (access stratum, AS) root key (for example, KeNB) of the MN") or a latest historical key in one or more historical keys corresponding to a target cell of the terminal in the first cell set (¶[0030]: "key update" {i.e., there is a first specified key, which is old or previous or historical key, and is updated}; [¶[0180]: "the SN receives the key group and the count value group. and selects a new key, that is, a key different from an existing key, from the key group when a key needs to be updated.").
Regarding claim 12, Peng et al. disclose as stated above. Peng et al. also disclose wherein (Fig. 2(b): “NR gNB” and “LTE eNB” {the dual connectivity shown is based on two different standard namely LTE and 5G NR}; ¶[0095]: "The NR gNB serves as an MN, and control plane and user plane connections may be established for a terminal between the MN and the NGC. An LTE eNB serves as an SN,"; ¶[0174]: "an AS root key and a derived key of the AS root key are described above by using those in the LTE system as an example, but are not limited in this application. For example, when the MN is a base station in the LTE system, the AS root key and the derived key of the AS root key are represented as KeNB and SKeNB. When the MN is a base station in a system of another standard, a different form may be used for presentation. For example, in a 5G communications system, the AS root key and the derived key of the AS root key may be represented as KgNB and SKgNB, or Kcu and SKcu"; ¶0173]: "The security key may be derived based on an access stratum (access stratum, AS) root key (for example, KeNB) of the MN. For example, when the MN is a RAN node in an L TE system, the security key may be SKeNB derived based on KeNB. The SN selects an encryption/decryption algorithm and an integrity protection/check algorithm according to a local policy. The SN derives, based on the selected algorithms and the security key. a key for encryption/decryption and a key for integrity protection/check"), a key for accessing a cell in the first cell set (¶[0030]: "the master node may send a group of count values, that is, a count value group, used to derive the keys in the key group ... the terminal sequentially selects a count value from the count value group, to perform synchronous key update").
Regarding claim 13, Peng et al. disclose as stated above. Peng et al. also disclose, wherein the quantity of access times comprises a quantity of times of accessing a cell in the first cell set by the terminal (¶[0030]:” When the terminal receives the notification message, the terminal sequentially selects a count value from the count value group {i.e., quantity of access time}, to perform synchronous key update.”), and/or a quantity of times of accessing the cell in the first cell set and a quantity of times of accessing a cell not in the first cell set by the terminal (¶[0030]:” When the terminal receives the notification message, the terminal sequentially selects a count value from the count value group {i.e., quantity of access time}, to perform synchronous key update.”), and/or a quantity of times of accessing a specific cell in the first cell set (¶[0030]:” When the terminal receives the notification message, the terminal sequentially selects a count value from the count value group {i.e., quantity of access time}, to perform synchronous key update.”).
Regarding claim 14, Peng et al. disclose as stated above. Peng et al. also disclose wherein the Q keys are in one-to-one correspondence with the N cells (¶[0180]: "the SN receives the key group and the count value group, and selects a new key, that is, a key different from an existing key, from the key group when a key needs to be updated." {i.e., said key group/list comprises several keys Q> 1 from which a new key is selected, there are N cells equivalent of serving cell groups as well as two network devices, in which the network device MN is equivalent of RAN node 110 and the network device SN is equivalent of RAN node 120}), except for expressly disclose Q is equal to N. However, the additional feature merely define one of several straightforward possibilities which the skilled person would select, depending on the circumstances, in order to solve the problem posed. Under KSR the known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives and is considered obvious. Therefore, it would be obvious to one of the ordinary skill, before the effective filing date of the claimed invention, to try to choose from a finites number of ways to select number of Q keys, as suggested by KSR, to reach at the claimed invention with a reasonable expectation of success.
Regarding claim 15, Peng et al. disclose as stated above. Peng et al. also disclose wherein the deriving of the first key set comprises: using the quantity of access times of the terminal as one of derivation input parameters (¶[0180] In an implementation, the MN sends, to the SN, the key group and a group of count (COUNT) values, that is, a count value group {i.e., quantity of access time} … used to derive keys in the key group”).
Regarding claim 16, Peng et al. disclose as stated in rejection of claim 8, above {the step of receiving the second key from the first network device is the reciprocal, i.e., the exact reverse process of sending the second information by the first network device stated in rejection of claim 8}. Peng et al. further disclose determining a second key (¶[0180]: "the SN receives the key group and the count value group, and selects a new key") based on the second key information (¶[0180]: "the SN receives the key group and the count value group and selects a new key"), a latest historical key (¶[0180]: "different from an existing key") in
one or more historical keys corresponding to the second cell (¶[0180]: "different from an existing key, ... when a key needs to be updated."), and a quantity (¶[0180]: "count value group"),
wherein the historical key comprises a historical key between the terminal and the second cell (¶[0180]: "different from an existing key, ... when a key needs to be updated."), and the second key is for communication with the terminal in the second cell. [¶[0180]: "the SN receives the key group and the count value group. and selects a new key. that is, a key different from an existing key, from the key group when a key needs to be updated."). Peng et al. disclose all the limitations, as stated above, except for expressly teaching the quantity of access times (crossed through above), which is used as key derivation input in order to synchronize the key derivations between the terminal and the network. However, instead of quality of “access time”, Peng et al. disclose that the quantity is “count value group”, as stated above, and further describes that that said count value group is also used for synchronizing key derivation of said Q keys in said key group/list used at different access times/windows between the terminal and the second cell (¶[0030]: "the master node may send a group of count values, that is, a count value group, used to derive the keys in the key group to the terminal ... When the terminal receives the notification message, the terminal sequentially selects a count value from the count value group, to perform synchronous key update."), which means Peng et al merely uses a different terminology for said claimed quantity. Therefore, it would have been obvious to one ordinary skill in the art, before the effective filing date of the claimed invention to use teaching of Peng et al. to arrive at the claimed invention with a reasonable expectation of success.
Regarding claim 17, Peng et al. disclose as stated above. Peng et al. also disclose wherein the determining of the second key comprises: when the terminal accesses the second cell for a first time, using the second candidate key as the second key (Fig. 6; ¶[0179}: “the MN may send a key group ( or a key list) to the SN for the SN to select a key from the key group when updating a key. Optionally, the key group may be carried in the request message in step S502 in FIG. 5, or the addition request message in step S610 in FIG. 6,”; ¶[0180]: "the SN receives the key group and the count value group. and selects a new key, that is, a key different from an existing key, from the key group when a key needs to be updated.") {selecting a first second key from candidate key list during initial access to a second cell disclosed in Fig. 6 where news cells are added in SCG , where there exists an existing keys. However, for the first access, it is obvious for the skilled person that there can be no existing key and that a new key needs to be selected}.
Regarding claim 18, Peng et al. disclose as stated above. Peng et al. also disclose, wherein the determining of the second key comprises: when the terminal accesses the second cell not for a first time, determining the second key based on the latest historical key in the one or more historical keys corresponding to the second cell. (¶[0180]: "the SN receives the key group and the count value group. and selects a new key, that is, a key different from an existing key, from the key group when a key needs to be updated”; ¶[0179}: “the MN may send a key group ( or a key list) to the SN for the SN to select a key from the key group when updating a key. Optionally, the key group may be carried in the request message in step S502 in FIG. 5, or the addition request message in step S610 in FIG. 6”) {selecting a first second key from candidate key list during initial access to a second cell disclosed in Fig. 6 where news cells are added in SCG , where there exists an existing keys. However, for the first access, it is obvious for the skilled person that there can be no existing key and that a new key needs to be selected}.
Regarding claim 19, Peng et al. disclose as stated above. Peng et al. also disclose: receiving an access message from the terminal (¶[0183]: "the terminal may send an RRC connection re-establishment request message to the SN"). .
Regarding claim 20, Peng et al. disclose as stated above. Peng et al. also disclose: storing the second key (¶[0180]: "the SN receives the key group and the count value group, and selects a new key") {selecting a new key i.e., the second key, implicitly suggests storing it}, and after disconnecting a connection with the terminal in the second cell, using the second key as a historical key corresponding to the second cell (¶[0180]: "different from an existing key, ... when a key needs to be updated."),.
Claim 10 is rejected under 35 U.S.C. 103(a) as being unpatentable over Peng et al. in view of “3GPP TS 33.401 V17.0.0 (2021-12) Technical Specification 3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; 3GPP System Architecture Evolution (SAE); Security architecture (Release 17)”, ("3GPP", hereinafter - see IDS).
Regarding claim 10, Peng et al. disclose as stated above except for expressly teaching wherein the deriving a first key set comprises: deriving the first key set based on the first key, next hop information, and/or information about a cell in the first cell set, wherein the information about the cell comprises one or more of downlink frequency information and physical cell identifier information.
However, aforesaid features, which are standard implementation details, are well known in the art, as disclosed by 3GPP {which is the standard related to the field of invention of systems disclosed by Peng et al.} that disclose deriving the first key set based on the first key, next hop information (§3.1: “the cryptographic keys at AS level with their identifiers, the Next Hop parameter NH, the Next Hop Chaining Counter parameter NCC used for next hop access key derivation”; §7.2.8.1.1: “MME and the UE shall derive a KeNB and a Next Hop parameter (NH). The KeNB and the NH are derived from the KASME”), and/or information about a cell in the first cell set, wherein the information about the cell comprises one or more of downlink frequency information and physical cell identifier information (§A.5 KeNB* derivation function: “When deriving a KeNB* from current KeNB or from fresh NH and the target physical cell ID in the UE and eNB ... the following parameters shall be used ... P1 = EARFCN-DL (target physical cell downlink frequency)”). Therefore, it would have been obvious to one ordinary skill in the art, before the effective filing date of the claimed invention, to use the well-known aforesaid implementation details , as suggested 3GPP, with the system of Peng et al. to reach at the claimed invention with a reasonable expectation of success, because such a combination would have represented the combination of well-known techniques through conventional manners to provide predictable and expected results.
Claim 5 is rejected under 35 U.S.C. 103(a) as being unpatentable over Peng et al. in view of U.S. Patent Application Publication No. US 2015/0208235 Al to Ingale et al. (see IDS), or 3GPP
Regarding claim 5, Peng et al. disclose as stated above. Peng et al. also disclose as stated above except for expressly teaching wherein the determining of the second key based on the first key configuration information comprises: determining the second key based on the first key configuration information and cell information corresponding to the second cell, wherein the cell information comprises downlink frequency information and/or physical cell identifier information.
However, deriving keys based on downlink frequency information {i.e., physical cell identifier (PCI)}, which are standard implementation, are well known in the art, as disclosed by Ingale et al. (e.g., ¶0064]: "the MeNB can indicate to the UE 108 the cell specific physical cell identity (PCI) and downlink frequency (EARFCN-DL) to be used as input parameter in key derivation function (KDF} when more than one SCell is added during SeNB addition procedure and PCI and EARFCN-DL is used as the input parameters."), or disclosed by 3GPP {which is the standard related to the field of invention of systems disclosed by Ingale et al. and Peng et al.} (e.g. §7.2.2: “Intermediate key KeNB*, defined in clause 7, as well as keys non-initial KeNB, KRRCint, KRRCenc, KUPint, and KUPenc in the E-UTRAN key hierarchy specified in clause 6.2 can be uniquely identified by eKSI together with those parameters from the set {Initial KeNB or NH, algorithm distinguisher, algorithm identifier, and sequence of PCIs and EARFCN-DLs used in horizontal key derivations from the initial KeNB or NH}, which are used to derive these keys from KASME according to clause 7 and clause A.7.”). Therefore, it would have been obvious to one ordinary skill in the art, before the effective filing date of the claimed invention, to use the well-known steps of determining keys based on PCI information, as suggested Ingale et al. and 3GPP, with the system of Peng et al. to reach at the claimed invention with a reasonable expectation of success, because such a combination would have represented the combination of well-known techniques through conventional manners to provide predictable and expected results.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
There are four statutory classes of invention defined in 35 USC § 101: machine, process, article of manufacture and composition of matter. 35 USC § 101. The Supreme Court of the United States has further delineated several subject matter exceptions that are ineligible for patenting. Bilski v. Kappos, 95 USPQ2d 1001, 1005-06 (2010); MPEP § 2106. In particular, claims embracing abstract ideas, physical phenomena and laws of nature are patent ineligible. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. 208, 134 S. Ct. 2347 (2014), slip op., at 5 (citing Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S 576 (2013), slip op., at 11)); Bilski at 1005-06; MPEP § 2106. According to Alice, the two part analysis of Mayo Collaborative Services v. Prometheus Laboratories Inc., 566 U.S. 66 (2012) should be used for all types of judicial exceptions and all categories of claims. Alice Corp., slip op., at 7, 16, 17. The first part of the analysis is to "determine whether the claims at issue are directed to a patent- ineligible concept." Alice Corp., slip op., at 7. Upon determining that an abstract idea is present in the claim, the second part of the analysis is to determine whether the claim "contains an 'inventive concept' sufficient to 'transform' the claimed abstract idea into a patent-eligible application." Alice Corp., slip op., at 11 (citing Mayo, slip op., at 3, 11). Claims, therefore, must do more than merely add insignificant limitations, such as limiting the field of use, adding token extra solution activity that lacks a particular machine or transform and adding wholly conventional machines and acts. See Alice Corp., slip op., at 12-13 ("[T]he mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention . “Stating an abstract idea while adding the words 'apply it with a computer' simply combines those two steps, with the same deficient result."); Bilski at 1009-10; MPEP § 2106.
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.)
Regarding claim 16, Step 1: system/method/process claim
Step 2A, Prong 1: limitations “determining …” is Mental Process (observation, evaluation, judgment, and/or opinion).
Step 2A, Prong 2: the additional elements individually or as a whole do not integrate the judicial exception into a practical application.
The additional element, “receiving …” is merely data gathering and insignificant extra-solution activity (pre-solution activity) (MPEP 2106.05 (g)).
The additional element, “, wherein the historical key comprises a historical key between the terminal and the second cell, and the second key is for communication with the terminal in the second cell” is generally linking the use of the judicial exception to a particular technological environment or field of use (terminal in a cell) (MPEP 2106.05(h)).
When considered a whole, the claimed invention fails to recite any improvement in any technology or technical field (MPEP 2106.05(a)) or recite any meaningful limitations (MPEP 2106.05(e)). The limitations are no more than mere automation of a mental process to determine a terminal in a cell.
Step 2B: the claim does not recite additional elements that are sufficient to amount to significantly more than the abstract idea when considered both individually and as a whole.
Under Step 2B, limitation(s) that are insignificant extra-solution activity under step 2A, Prong 2, need to be re-evaluated to determine whether they are well-understood, routine, conventional activities.
Specifically, the limitation, “receiving …” is just receiving/transmitting data over a network, which is mere judicial-recognized well-understood, routine, conventional activity (MPEP 2106.05(d)(II).
Conclusion
As applied to the claims above, the specific columns, line numbers, and figures in the references has been cited for the Applicant’s convenience. Although the specified citations are representative of the teachings of the art and are applied to the particular limitations within the individual claims, other passages and figures may apply as well. The Applicant is respectfully requested to fully consider the references, in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage taught by the prior art or disclosed by the Examiner, in preparing responses. Applicant(s) are reminded that MPEP 2123 I. states: “The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989).
The attention of the applicant is drawn to the fact that the application may not be amended in such a way that it contains subject matter which extends beyond the content of the application as originally filed. In order to facilitate the examination of the conformity of the amended application, the applicant is respectfully requested to clearly identify the amendments carried out, irrespective of whether they concern amendments by addition, replacement or deletion, and to indicate the passages of the application as filed on which these amendments are based.
Reliance on the US Pre-Grant Publication (PG PUB) of this application, which is not part of the image file wrapper of the patent application, in the prosecution is improper. All references in the reply to the office action are to be made to the latest version on record of the patent application as filed not as published. The latest version on record of the patent application means the patent application as originally filed and modified by previously entered amendment(s).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nader Bolourchi whose telephone number is (571) 272-8064. The examiner can normally be reached on M-F 8:30 to 4:30.
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/Nader Bolourchi/
Primary Examiner, Art Unit 2631
Prosecution Insights