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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1, 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-18, 20 – 27 of U.S. (allowed) application no. 17583687. Although the claims at issue are not identical, they are not patentably distinct from each other because although the claims at issue are not identical, they are not patentably distinct from each other because application claims 1-20 are anticipated by the above said issued application. Therefore, the corresponding dependent claims are also rejected for the same rationale.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 – 3, 6 – 8, 10, 11, 14 – 16, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chaum (US 10375042), Cha, Felsher et al (US 8316237), Fel and in view of Huang et al (US 6944319), Hu.
Claim 1: Cha teaches a private identity system, the system comprising: at least one processor operatively connected to a memory, the at least one processor configured to (Fig. 37B): associate a unique identifier with a first and second encryption key; (C27L18-21: an unique marker w (i.e., identifier) is formed as the product of images under a one way function f of two keys, w(l) and w(2), and the address of the user).
communicate the unique identifier from the local device to a remote device; (C26L52-55,66-67, C271-5, C12L60-63: the user device sending a message to at least one desired recipient of the data item, the message including keying information).
retrieve, at the local device, a respective key of the first and second encryption keys based on, at least in part, the unique identifier; (C42L29: the sender, user, chooses a key e… C4L41-43: keys known to pairs made up of a user and a node are referred to as "common" keys to the pair).
retrieve, at the remote device, an associated key of the first and second encryption key based on, at least in part, the unique identifier; (C7L33-34: element can be cryptographically dependent on a secret key (i.e., associated key) common to the user and the node… C17L60: k(l, x) is the key held as a secret in common between subscriber one and node x).
and employ the first and second encryption keys to authenticate a user of the local device for access to the remote device. (C13L16-25: at least a first mix receiving... and the at least first mix locating the mix-stage key received earlier by matching the fingerprint of the key with the associated key previously received and then using the located key to process... C30L7-10: if public keys are available related to these private keys, verification of the process is provided for).
Cha is silent about generate at a local device a label mappable to or encoded as the unique identifier in response to input of plaintext biometric information to at least one pre-trained embedding network stored on the local device;
But analogous art Fel teaches generate at a local device a label mappable to or encoded as the unique identifier in response to input of plaintext biometric information to at least one [pre-trained embedding] network stored on the local device; (C24L26-29, 58-63, C35L21-22: the identification is based on a Public Key Infrastructure, biometric identifiers... C42L25-35: automatically distributing secured versions of a file decryption key... and cryptographically generating key using biometric data... the file's security label, which is defined to contain a plurality of Access-Control Entries Records (ACER's)... each ACER includes respective other data such as: ACER-unique identifying data for uniquely identifying an associated user).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cha to include the idea of label mappable to an identifier as taught by Fel so that employ secure cryptographic schemes, which reduce the risks and liability for unauthorized disclosure of private information, while maintaining efficient and robust transactions (C7L2-5).
Both Cha and Fel are silent on pre-trained embedding network (BRI: construed as a trained ML model).
But analogous art Hu teaches pre-trained embedding network. (Summary: the network uses a fusing neural network is initialized for training).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined inventions of Cha and Fel to include the idea of a trained ML model as taught by Hu so that it is possible to determine both identity and pose information from a single binary output from the network (Summary).
Claim 2: the combination of Cha, Fel and Hu teaches the system of claim 1, wherein the at least one pre-trained embedding network is configured to generate fully private encoded feature vectors that are one-way homomorphic encryptions of the input plaintext biometric. (Cha: C3L1-10: node, takes the resulting pre-computation vector as input from another node and processes its elements with its own choice of retained values and permutation... (C3L14-15) The pre-computations is encrypted using a homomorphic cryptosystem (C2L35-36) with one that includes independent private keys from each node).
Claim 3: the combination of Cha, Fel and Hu teaches the system of claim 2, wherein the label mappable to or encoded as the unique identifier is returned based on a geometric evaluation of the generated fully private encoded feature vectors against enrolled fully private encoded feature vectors. (Fel: C74L19-22: verify retrieved or received digital data, the data-metrics constructed from the retrieved or received data are compared with similar data-metrics calculated for the retrieved or received… (C69L17-19) individual's access to objects are followed rigorously, and provides a proper mapping of the roles to corresponding pairs of levels and compartments).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cha to include the idea of geometrically evaluated label mappable to an identifier as taught by Fel so that employ secure cryptographic schemes, which reduce the risks and liability for unauthorized disclosure of private information, while maintaining efficient and robust transactions (C7L2-5).
Claim 6: the combination of Cha, Fel and Hu teaches the system of claim 1, wherein the at least one pre-trained embedding network is configured to transform the plaintext identification information into fully encrypted homomorphic encrypted feature vectors. (Cha: C2L4-6, 33-35: a "permuting" phase, each of the b messages is transformed successively through each of the n nodes… the nodes first cooperate to produce a so-called "shared public key" for homomorphic encryption).
Claim 7: the combination of Cha, Fel and Hu teaches the system of claim 1, wherein the plaintext identifying information includes at least one of: biometric identifying information, behavioral identifying information, or physiologic identifying information. (Fel: C41L21-24: user desiring access to the system inputs a user identification and password combination, and a role the user to assume is selected from among one or more roles defined in the system).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cha to include the idea of identifying information as taught by Fel so that employ secure cryptographic schemes, which reduce the risks and liability for unauthorized disclosure of private information, while maintaining efficient and robust transactions (C7L2-5).
Claim 8: the combination of Cha, Fel and Hu teaches the system of claim 1, wherein the at least one processor is further configured to assign, at the local device, a unique candidate identifier to respective encoded feature vectors to return in response to geometric evaluation. (Fel: C8L49-51: personally identifying digital signature is substituted by the intermediary with an anonymous transaction or session identifier; C9L61-63: Based on the role of the user and the identification of the content, the authority of the user to receive records may be determined).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cha to include the idea of assign an identifier as taught by Fel so that employ secure cryptographic schemes, which reduce the risks and liability for unauthorized disclosure of private information, while maintaining efficient and robust transactions (C7L2-5).
Claim 10: the combination of Cha, Fel and Hu teaches the system of claim 1, wherein the at least one processor is further configured to generate an identity profile and associate metadata information based on current device context and/or activity to a trained identity. (Fel: C64L58-66: server includes a layer for dynamically generating content in dependence on stored information indicating the user's needs and preferences, including those presumed from stored information as to the user's function, job, or purpose for being at the hospital, and logged usage profiles, the level of the user's access privileges to confidential patient information, and the computer and physical environments of the user).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cha to include the idea of assign an identity profile and metadata as taught by Fel so that employ secure cryptographic schemes, which reduce the risks and liability for unauthorized disclosure of private information, while maintaining efficient and robust transactions (C7L2-5).
Claim 11: the combination of Cha, Fel and Hu teaches the system of claim 1, wherein the at least one processor is further configured to define a label for identifying an entity during an enrollment and associate the label with the generated encrypted feature vectors from the input of plaintext identifying information during the enrollment. (Fel: C26L25-27: the User authentication may include an associated identifier, for example a Patient-specific Public Key (ID Public Key) in a medical record system; C68L49-52: An access ticket generation device generates an access ticket from user unique identifying information and access rights authentication feature information. As unique security characteristic information, there is used a secret key).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cha to include the idea of assign an identity profile and metadata as taught by Fel so that employ secure cryptographic schemes, which reduce the risks and liability for unauthorized disclosure of private information, while maintaining efficient and robust transactions (C7L2-5).
Claim 14: Cha teaches a method for managing private identity, the method comprising: associating, by at least one processor, a unique identifier with a first and second encryption key; communicating the unique identifier from the local device to a remote device; retrieving, at the local device, a respective key of the first and second encryption keys based on, at least in part, the unique identifier; retrieving, at the remote device, an associated key of the first and second encryption key based on, at least in part, the unique identifier; and employing the first and second encryption keys to authenticate a user of the local device for access to the remote device. (C27L18-21: an unique marker w (i.e., identifier) is formed as the product of images under a one way function f of two keys, w(l) and w(2), and the address of the user; C26L52-55,66-67, C271-5, C12L60-63: the user device sending a message to at least one desired recipient of the data item, the message including keying information; C42L29: the sender, user, chooses a key e… C4L41-43: keys known to pairs made up of a user and a node are referred to as "common" keys to the pair; C7L33-34: element can be cryptographically dependent on a secret key (i.e., associated key) common to the user and the node… C17L60: k(l, x) is the key held as a secret in common between subscriber one and node x; C13L16-25: at least a first mix receiving... and the at least first mix locating the mix-stage key received earlier by matching the fingerprint of the key with the associated key previously received and then using the located key to process... C30L7-10: if public keys are available related to these private keys, verification of the process is provided for).
Cha is silent about generating at a local device a label mappable to or encoded as the unique identifier in response to input of plaintext biometric information to at least one pre-trained embedding network stored on the local device;
But analogous art Fel teaches generating at a local device a label mappable to or encoded as the unique identifier in response to input of plaintext biometric information to at least one [pre-trained embedding] network stored on the local device; (C24L26-29, 58-63, C35L21-22: the identification is based on a Public Key Infrastructure, biometric identifiers... C42L25-35: automatically distributing secured versions of a file decryption key... and cryptographically generating key using biometric data... the file's security label, which is defined to contain a plurality of Access-Control Entries Records (ACER's)... each ACER includes respective other data such as: ACER-unique identifying data for uniquely identifying an associated user).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cha to include the idea of label mappable to an identifier as taught by Fel so that employ secure cryptographic schemes, which reduce the risks and liability for unauthorized disclosure of private information, while maintaining efficient and robust transactions (C7L2-5).
Both Cha and Fel are silent on pre-trained embedding network (BRI: construed as a trained ML model).
But analogous art Hu teaches pre-trained embedding network. (Summary: the systems use a neural network for training).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined inventions of Cha and Fel to include the idea of a trained ML model as taught by Hu so that it is possible to determine both identity and pose information from a single binary output from the network (Summary).
Claim 15: the combination of Cha, Fel and Hu teaches the method of claim 14, wherein the method comprises generating fully private encoded feature vectors that are one-way homomorphic encryptions of the input plaintext biometric using the at least one pre-trained embedding network. (Cha: C3L1-10: node, takes the resulting pre-computation vector as input from another node and processes its elements with its own choice of retained values and permutation... (C3L14-15) The pre-computations is encrypted using a homomorphic cryptosystem (C2L35-36) with one that includes independent private keys from each node).
Claim 16: the combination of Cha, Fel and Hu teaches the method of claim 15, wherein the method comprises returning the label mappable to or encoded as the unique identifier based on a geometric evaluation of the generated fully private encoded feature vectors against enrolled fully private encoded feature vectors. (Fel: C74L19-22: verify retrieved or received digital data, the data-metrics constructed from the retrieved or received data are compared with similar data-metrics calculated for the retrieved or received… (C69L17-19) individual's access to objects are followed rigorously, and provides a proper mapping of the roles to corresponding pairs of levels and compartments).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cha to include the idea of geometrically evaluated label mappable to an identifier as taught by Fel so that employ secure cryptographic schemes, which reduce the risks and liability for unauthorized disclosure of private information, while maintaining efficient and robust transactions (C7L2-5).
Claim 19: the combination of Cha, Fel and Hu teaches the method of claim 14, wherein the method comprises transforming the plaintext identification information into fully encrypted homomorphic encrypted feature vectors with the at least one pre-trained embedding network. (Cha: C2L4-6, 33-35: a "permuting" phase, each of the b messages is transformed successively through each of the n nodes… the nodes first cooperate to produce a so-called "shared public key" for homomorphic encryption).
Claim 20: the combination of Cha, Fel and Hu teaches the method of claim 14, wherein the method comprises assigning, by the at least one processor a unique candidate identifier to respective encoded feature vectors to return in response to geometric evaluation. (Fel: C8L49-51: personally identifying digital signature is substituted by the intermediary with an anonymous transaction or session identifier; C9L61-63: Based on the role of the user and the identification of the content, the authority of the user to receive records may be determined).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cha to include the idea of assign an identifier as taught by Fel so that employ secure cryptographic schemes, which reduce the risks and liability for unauthorized disclosure of private information, while maintaining efficient and robust transactions (C7L2-5).
Allowable Subject Matter
Claims 4, 5, 9, 12, 17, 18, 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
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/BADRINARAYANAN /Primary Examiner, Art Unit 2494.