DETAILED ACTION
This office action has been issued in response to communications received on 6/28/2024. Claims 1-20 are presented for examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings filed 6/28/2024 are acknowledged.
Priority
Provisional Priority is acknowledged.
Objections
Claims 19 and 20 are objected to for being directed to different statutory classes than the claims from which they depend. Claim 19 is an apparatus claim (user equipment) which is dependent upon an independent method claim, while claim 20 is an apparatus (base station) claim which is dependent upon an independent method claim. The claims should be made independent and those limitations from claims 1/10 which would be performed by the user equipment or base station should be explicitly listed in claims 19 and 20. Appropriate clarification/correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 9 and 18 are rejected as indefinite because they appear to contradict the claims from which they depend (claims 1/10). Claims 1/10 disclose that an encrypted packet is generated by encrypting at least one of the sensor data and the reflected-sensing signal, thereby the encrypted signal may include encrypted sensor data or both encrypted sensor data and the reflected-sensing signal. Therefore, claims 9/18 need to clarify “when the encrypted packet is not generated by encrypted the sensor data” to make clear that this claim is referring to a scenario where the encrypted packet does not already comprise the sensor data. Appropriate clarification/correction is required.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1-5, 7, 10-11, 13-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Walker (US 2024/0356625) (hereafter Walker ‘625) in view of Walker (US 2025/0093487).
Regarding claim 1, Walker ‘625 discloses the limitations of claim 1 substantially as follows:
A wireless communication method of key generation by a user equipment, comprising:
obtaining sensor data from a sensor coupled to a target object (Walker ‘625, paras. [0209], [0224], [0226], [0229], [0306], [0314]: UE obtains GPS sensor data from sensor of the UE and measurement information, such as channel state information (CSI), from sensors of the RIS, where the UE is integrated/coupled to the reconfigurable intelligent surface (RIS) (i.e. target object));
performing a key generation with a base station (Walker ‘625, paras. [0322]: as part of a key generation process with the base station, the UE XORs channel state information (CSI) values received from the base station);
obtaining cryptographic information based on the key generation (Walker ‘625, paras. [0322]: UE obtains an encryption key by generating a pseudo-random sequence by means of a key derivation function or block cipher or a stream cipher and XORing CSI values received by the base station (i.e. based on the XORed CSI values/key generation));
receiving a reflected-sensing signal from the target object (Walker ‘625, paras. [0123], [0137], [0209], [0286]: as part of path determination step, UE receives a beam-formed signal that is reflected from the RIS);
encrypting using the cryptographic information to generate an encrypted packet (paras. [0314], [0322]: encrypting CSI measurements using the encryption key); and
transmitting the encrypted packet to the base station (paras. [0322]: the UE is configured by the BS to report/transmit the encrypted CSI measurements to the BS).
Walker ‘625 does not explicitly disclose the remaining limitations of claim 1 as follows:
encrypting at least ONE of the sensor data and the reflected-sensing signal using the cryptographic information to generate an encrypted packet;
However, in the same field of endeavor Walker discloses the limitations of claim 1 as follows:
obtaining sensor data from a sensor coupled to a target object (paras. [0025], [0039], [0046], [0095], [0115], [0165]-[0166], [0188]-[0189], Figs. 1 & 6: the receiver/UE obtain vital sign measurements of a target object 150 using sensors, cameras and surveillance systems capable of generating heat maps or processing video footage that are in communication with the sensing target and on the receiver and target);
receiving a reflected-sensing signal from the target object (paras. [0097], [0114]-[0115], Fig. 1: receiver/UE receives reflected sensing signals from the target 150);
encrypting at least one of the sensor data and the reflected-sensing signal using the cryptographic information to generate an encrypted packet (paras. [0136]-[0137], [0140], [0250]: encrypting the results including the vital sign measurements in the sensed signals using a credential or public key (i.e. cryptographic information) to generate encrypted results/traffic); and
transmitting the encrypted packet to the base station (paras. [0109], [0136]-[0137], [0140], [0163]-[0165], [0167], [0195], Fig. 1: UE exchanges sensing measurements and sensing results, which may be encrypted, with base station/network device).
Walker is combinable with Walker ‘625 because both are from the same field of endeavor of using reconfigurable intelligent surfaces to improve wireless communication between a base station and a terminal device/UE. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate Walker’s method of encrypting the reflected signal and the vital sign data with the system of Walker ‘625 in order to increase the security of the system by ensuring that reflected signals cannot be intercepted by man in the middle attacks and vital sign data cannot be extracted by unauthorized receivers because neither unauthorized parties would be able to decrypt the encrypted data.
Regarding claims 2 and 13, Walker ‘625 and Walker disclose the limitations of the wireless communication method of claim 1 and the wireless communication method of claim 10.
Walker discloses the limitations of claims 2 and 13 as follows:
wherein the sensor comprises a heartrate monitoring sensor, a breathing monitor sensor, or a body temperature sensor (Walker, paras. [0025], [0039], [0115], [0131]: measuring heart rate, breathing and temperature as vital signs and biometrics).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate Walker’s method of sending sensor data comprising measurements of heart rates, breathing and temperatures as vital signs with the system of Walker ‘625 in order to increase the flexibility of the system by enabling data tailored to the health condition of the target to be obtained by the UE in addition to the information sent by the BS to the UE.
Regarding claims 3 and 14, Walker ‘625 and Walker disclose the limitations of the wireless communication method of claim 1 and the wireless communication method of claim 10.
Walker ‘625 discloses the limitations of claims 2 and 13 as follows:
wherein the key generation is a physical layer key generation (Walker ‘625, paras. [0286]: key is generated when RIS is at PHY layer 1).
Regarding claims 4 and 15, Walker ‘625 and Walker disclose the limitations of the wireless communication method of claim 1 and the wireless communication method of claim 10.
Walker ‘625 discloses the limitations of claims 4 and 15 as follows:
wherein the cryptographic information is used as a one-time pad (OTP) or a cipher key (Walker ‘625, paras. [0322]: encryption/cipher key is generated from a pseudo-random sequence by means of a key derivation function or block cipher or a stream cipher and XORing CSI values received by the base station).
Regarding claim 5, Walker ‘625 and Walker teaches the limitations of claim 1.
Walker discloses the limitations of claim 5 as follows:
The wireless communication method of claim 1, further comprising combining the reflected-sensing signal and the sensor data (Walker, paras. [0246], [0250]: the radio signal reflection is combined with vital signals for transmission to the UE, where the vital signals are extracted from the signal data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate Walker’s method of sending within the reflected signal sensor data comprising measurements of heart rates, breathing and temperatures as vital signs with the system of Walker ‘625 in order to save system resources by transmitting within one reflected signal both data tailored to the health condition of the target to be obtained by the UE and the information sent by the BS to the UE.
Regarding claims 7 and 16, Walker ‘625 and Walker disclose the limitations of the wireless communication method of claim 1 and the wireless communication method of claim 10.
Walker ‘625 discloses the limitations of claims 7 and 16 as follows:
wherein the key generation is a higher layer key generation (Walker ‘625, paras. [0286]: key is generated when RIS is at Layer-2 or Layer-3 (higher layer key generation)).
Regarding claim 10, Walker ‘625 discloses the limitations substantially as follows:
A wireless communication method of key generation by a base station, comprising:
performing a key generation with a user equipment (Walker ‘625, paras. [0322]: as part of a key generation process with the base station, the UE XORs channel state information (CSI) values received from the base station);
obtaining cryptographic information based on the key generation (Walker ‘625, paras. [0322]: UE obtains an encryption key by generating a pseudo-random sequence by means of a key derivation function or block cipher or a stream cipher and XORing CSI values received by the base station (i.e. based on the XORed CSI values/key generation));
transmitting a sensing signal to a target object associated with a sensor (Walker ‘625, paras. [0123], [0137], [0209], [0286]: as part of path determination step, UE receives a beam-formed signal that is reflected from the RIS); and
receiving an encrypted packet from a user equipment, wherein the encrypted packet comprises at least one of sensor data and a reflected-sensing signal.
Walker ‘625 does not explicitly disclose the remaining limitations of claim 10 as follows:
receiving an encrypted packet from a user equipment, wherein the encrypted packet comprises at least one of sensor data and a reflected-sensing signal.
However, in the same field of endeavor, Walker discloses the limitations of claim 10 as follows:
receiving an encrypted packet from a user equipment, wherein the encrypted packet comprises at least one of sensor data and a reflected-sensing signal (paras. [0136]-[0137], [0140], [0250]: encrypting the results including the vital sign measurements in the sensed signals using a credential or public key (i.e. cryptographic information) to generate encrypted results/traffic).
Walker is combinable with Walker ‘625 because both are from the same field of endeavor of using reconfigurable intelligent surfaces to improve wireless communication between a base station and a terminal device/UE. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate Walker’s method of encrypting the reflected signal and the vital sign data with the system of Walker ‘625 in order to increase the security of the system by ensuring that reflected signals cannot be intercepted by man in the middle attacks and vital sign data cannot be extracted by unauthorized receivers because neither unauthorized parties would be able to decrypt the encrypted data.
Regarding claim 11, Walker ‘625 and Walker teaches the limitations of claim 10.
Walker discloses the limitations of claim 11 as follows:
The wireless communication method of claim 10, further comprising:
processing the encrypted packet using the cryptographic information to obtain at least one of the sensor data and the reflected-sensing signal, wherein the sensor data is associated with the target object (paras. [0136]-[0137], [0140], [0250]: decrypting the encrypted results including the vital sign measurements in the sensed signals using a credential or public key (i.e. cryptographic information), where the vital signs are of the target).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate Walker’s method of sending sensor data of the target comprising measurements of heart rates, breathing and temperatures as vital signs with the system of Walker ‘625 in order to increase the flexibility of the system by enabling data tailored to the health condition of the target to be obtained by the UE in addition to the information sent by the BS to the UE.
Regarding claim 19, Walker ‘625 and Walker teaches the limitations of claim 1.
Walker ‘624 and Walker discloses the limitations of claim 19 as follows:
A user equipment, comprising: a memory; a transceiver; and a processor coupled to the memory and the transceiver (para. [0090], [0361], Fig. 1: UE with communication capabilities and memory); wherein the user equipment is configured to perform the wireless communication method of claim 1 (see rejection of user equipment in claim 1).
Regarding claim 20, Walker ‘625 and Walker teaches the limitations of claim 10.
Walker ‘624 and Walker discloses the limitations of claim 19 as follows:
A base station, comprising: a memory; a transceiver; and a processor coupled to the memory and the transceiver (Walker ‘625, paras. [0089], Fig. 1: base station coupled to controller and transmission system); wherein the base station is configured to perform the wireless communication method of claim 10 (see rejection of base station in claim 10).
Claims 6, 8-9, 12 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Walker (US 2024/0356625) (hereafter Walker ‘625) in view of Walker (US 2025/0093487), as applied to claims 1 and 10, further in view of Elshafie (US 2024/0313828).
Regarding claim 6, Walker ‘625 and Walker teaches the limitations of claim 1.
Walker discloses the limitations of claim 6 as follows:
The wireless communication method of claim 5, wherein encrypting the at least one of the sensor data and the reflected-sensing signal using the cryptographic information to generate the encrypted packet (Walker, paras. [0136]-[0137], [0140], [0250]: encrypting the results including the vital sign measurements in the sensed signals using a credential or public key (i.e. cryptographic information) to generate encrypted results/traffic) comprises:
The same motivation to combine utilized in claim 1 is equally applicable in the instant claim.
Neither Walker ‘625 or Walker discloses the remaining limitations of claim 6, however in the same field of endeavor Elshafie discloses the remaining limitations of claim 6 as follows:
encrypting a combination of the reflected-sensing signal and the sensor data using the cryptographic information to generate the encrypted packet, wherein the encrypted packet comprises the combination of the reflected-sensing signal and the sensor data (paras. [0058], [0060], [0062]-[0063]: encrypting the physical channel including all reflected signals transmitted to the UE and the encoded phase shift data (i.e. sensed/sensor data) within the messages/signals (i.e. the combination) to generate encrypted messages/packets).
Elshafie is combinable with Walker ‘624 and Walker because all are from the same field of endeavor of using reconfigurable intelligent surfaces to improve wireless communication between a base station and a terminal device/UE. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate Elshafie’s method of encrypting the reflected signal and the vital sign data with the system of Walker ‘624 and Walker in order to prevent other UE’s from intercepting reflections and the data transmitted within the reflections (Elshafie, para. [0060]).
Regarding claim 8, Walker ‘625 and Walker teaches the limitations of claim 1.
Walker discloses the limitations of claim 8 as follows:
The wireless communication method of claim 7, wherein encrypting the at least one of the sensor data and the reflected-sensing signal using the cryptographic information to generate the encrypted packet (Walker, paras. [0136]-[0137], [0140], [0250]: encrypting the results including the vital sign measurements in the sensed signals using a credential or public key (i.e. cryptographic information) to generate encrypted results/traffic) comprises:
The same motivation to combine utilized in claim 1 is equally applicable in the instant claim.
Neither Walker ‘625 or Walker discloses the remaining limitations of claim 8, however in the same field of endeavor Elshafie discloses the remaining limitations of claim 8 as follows:
encrypting the reflected-sensing signal using the cryptographic information to generate the encrypted packet, wherein the encrypted packet comprises the reflected-sensing signal (paras. [0058], [0060], [0062]-[0063]: encrypting the physical channel including all reflected signals transmitted to the UE and the encoded phase shift data (i.e. sensed/sensor data) within the messages/signals to generate encrypted messages/packets).
Elshafie is combinable with Walker ‘624 and Walker because all are from the same field of endeavor of using reconfigurable intelligent surfaces to improve wireless communication between a base station and a terminal device/UE. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate Elshafie’s method of encrypting the reflected signal and the vital sign data with the system of Walker ‘624 and Walker in order to prevent other UE’s from intercepting reflections and the data transmitted within the reflections (Elshafie, para. [0060]).
Regarding claims 9 and 18, Walker ‘625, Elshafie and Walker teaches the limitations of the method of claims 1 and 8 and the limitations of the method of claims 10 and 18.
Walker discloses the limitations of claims 9 and 18 as follows:
further comprising separately transmitting the sensor data and the encrypted packet to the base station (paras. [0167]: the receiver UE may use a separate communication channel to separately transmit its movement and vibration data to the transmitter/BS as separate from the encrypted vital sign data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate Walker’s method of separately sending the sensor data with the system of Walker ‘625 in order to enable the option to send the sensor data at different times from the encrypted packet so that whichever the sensor data or encrypted packet has greater priority can be transmitted at an earlier data without having to wait for the other to be ready to transmit.
Regarding claim 12, Walker ‘625 and Walker teaches the limitations of claim 10-11.
Walker discloses the limitations of claim 12 as follows:
The wireless communication method of claim 11, wherein processing the encrypted packet using the cryptographic information to obtain the at least one of the sensor data and the reflected-sensing signal (Walker, paras. [0136]-[0137], [0140], [0250]: encrypting the results including the vital sign measurements in the sensed signals using a credential or public key (i.e. cryptographic information) to generate encrypted results/traffic) comprises:
The same motivation to combine utilized in claim 10 is equally applicable in the instant claim.
Neither Walker ‘625 or Walker discloses the remaining limitations of claim 12, however in the same field of endeavor Elshafie discloses the remaining limitations of claim 12 as follows:
processing the encrypted packet using the cryptographic information to obtain a combination of the sensor data and the reflected-sensing signal (paras. [0058], [0060], [0062]-[0063]: encrypting and decrypting the physical channel including all reflected signals transmitted to the UE and the encoded phase shift data (i.e. sensed/sensor data) within the messages/signals (i.e. the combination)).
Elshafie is combinable with Walker ‘624 and Walker because all are from the same field of endeavor of using reconfigurable intelligent surfaces to improve wireless communication between a base station and a terminal device/UE. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate Elshafie’s method of encrypting the reflected signal and the vital sign data with the system of Walker ‘624 and Walker in order to prevent other UE’s from intercepting reflections and the data transmitted within the reflections (Elshafie, para. [0060]).
Regarding claim 17, Walker ‘625 and Walker teaches the limitations of claim 10 and 16.
Walker discloses the limitations of claim 17 as follows:
The wireless communication method of claim 16, wherein processing the encrypted packet using the cryptographic information to obtain the at least one of the sensor data and the reflected-sensing signal (Walker, paras. [0136]-[0137], [0140], [0250]: encrypting the results including the vital sign measurements in the sensed signals using a credential or public key (i.e. cryptographic information) to generate encrypted results/traffic) comprises:
The same motivation to combine utilized in claim 10 is equally applicable in the instant claim.
Neither Walker ‘625 or Walker discloses the remaining limitations of claim 17, however in the same field of endeavor Elshafie discloses the remaining limitations of claim 17 as follows:
processing the encrypted packet using the cryptographic information to obtain the reflected-sensing signal (paras. [0058], [0060], [0062]-[0063]: encrypting and decrypting the physical channel including all reflected signals transmitted to the UE and the encoded phase shift data (i.e. sensed/sensor data) within the messages/signals (i.e. the combination)).
Elshafie is combinable with Walker ‘624 and Walker because all are from the same field of endeavor of using reconfigurable intelligent surfaces to improve wireless communication between a base station and a terminal device/UE. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate Elshafie’s method of encrypting the reflected signal and the vital sign data with the system of Walker ‘624 and Walker in order to prevent other UE’s from intercepting reflections and the data transmitted within the reflections (Elshafie, para. [0060]).
Prior art not relied upon but applied/considered includes:
1) Duan (US 2024/0056129) disclosing signals being sent from a base station to a reconfigurable intelligent surface (RIS) and being reflected by the RIS to the UE, where the signals has different transmission characteristics from signals that are not reflected. The UE gives different priority to the reflected signals and generates a measurement of the signals (para. [0094]).
Conclusion
For the above reasons, claims 1-20 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARON S LYNCH whose telephone number is (571)272-4583. The examiner can normally be reached on 10AM-6PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taghi T Arani can be reached on 571-272-3787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHARON S LYNCH/Primary Examiner, Art Unit 2438