DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 7/23/2026 have been fully considered but they are not persuasive.
Applicant arguments for patentability rely on actions performed outside the scope of the claimed methods.
Looking at claim 1, Applicant argues the amended portion
“wherein the second message includes signature data generated by the first device using a private key of the first device, and wherein the private key of the first device is stored at the first device and is not stored at the second device or the CA server,” yet the claimed invention is to a method comprising steps of receiving, sending, receiving, and sending which can and have been performed in the prior art regardless of the wherein clauses.
Further, to these claims, the origin of the data (generated by the first device using a private key of the first device) and use / storage of data (the private key of the first device is stored at the first device and is not stored at the second device or the CA server) are clearly outside the scope of the recited method which is indifferent to such.
Similarly claim 6 recites a method, applied to a first device, of sending. The wherein clauses do nothing to patentably affect the claimed method comprising the step of sending.
Corresponding apparatus claims 9 and 15 ae defined by their structure which is unaffected by the wherein clauses.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3, 6, 9, 11 and 15-19 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Li et al. (2019/0090132) hereinafter “Li”.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
As to claim 1, (Currently Amended) Li discloses A communication method applied to a communication apparatus as a second device (Base station), the method comprising:
receiving a first message (S310) from a first device (UE), wherein the first message comprises a certificate request file, and the certificate request file is used to apply for a digital certificate of the first device,
(see [0062]: “S310. User equipment sends a certificate request message to a base station in a wireless communications network, and the base station in the wireless communications network receives the certificate request message sent by the user equipment, where the certificate request message is used to request the wireless communications network to generate a certificate for the user equipment.”);
sending a second message (S320) to a certificate authority (CA} server based on the first message, wherein the second message comprises the certificate request file,
(see [0063]: “S320. The base station sends, to a control-plane device in the wireless communications network, the certificate request message received from the user equipment,…”); [[wherein the second message includes signature data generated by the first device using a private key of the first device, and wherein the private key of the first device is stored at the first device and is not stored at the second device or the CA server]]
receiving (S340) the digital certificate from the CA server,
(see [0065]: “S340. The control-plane device sends a certificate response message to the base station , and the base station receives the certificate response message sent by the control-plane device, where the certificate response message carries information about the second certificate…”); and
sending (S350) the digital certificate to the first device,
(see [0066]: “S350. The base station sends the certificate response message to the user equipment…”).
As to claim 3, (Original) Li discloses The method according to claim 1, wherein the receiving the digital certificate from the CA server comprises:
receiving a first response from the CA server for the second message, wherein the first response comprises the digital certificate. See Fig 3 (carrying the certificate).
As to claim 6, (Currently Amended) Li discloses A communication method applied to a communication apparatus as a first device, comprising:
sending a first message (S310) to a second device, wherein the first message comprises a certificate request file ([0062]-[0066]), and the certificate request file is used to apply for a digital certificate of the first device; and
receiving the digital certificate (S350) from the second device. See Fig 3..
As to claims 9, 11, and 15, Li discloses the second device comprising: a transceiver unit, configured to cooperate with a processor to (See Fig 8) as applied above to the method of claims 1, 3, and 6, respectively.
As to claims 16/18 and 17/19 Li discloses mediums (see [0182]) as applied to claims 1 and 6 above.
Claim(s) 1, 3, 6, 9, 11 and 15-19 are rejected under 35 U.S.C. 102(a)(1)&(a)(2) as being anticipated by Bender et al. (2009/0222657) hereinafter “Bender”.
As to claim 1, (Currently Amended) Bender discloses A communication method applied to a communication apparatus as a second device (host server 230), the method comprising:
receiving a first message (flow 2a of Fig 7, and flow 806 of Fig 8) from a first device (mobile device 102), wherein the first message (PKCS10 request block) comprises a certificate request file, and the certificate request file is used to apply for a digital certificate of the first device, (see [0082]);
sending a second message (flow 2b of Fig 7, and flow 812 of Fig 8) to a certificate authority (CA) server (CA 250) based on the first message, wherein the second message comprises the certificate request file, (see [0082]); [[wherein the second message includes signature data generated by the first device using a private key of the first device, andwherein the private key of the first device is stored at the first device and is not stored at the second device or the CA server]]
receiving (flow 4 of Fig 7, and flow 816 of Fig.8) the digital certificate from the CA server, (see [0083]); and
sending (flow 5 of Fig. 7, and flow 820 of Fig. 8) the digital certificate to the first device, (see [0083]).
As to claim 3, (Original) Bender discloses The method according to claim 1, wherein the receiving the digital certificate from the CA server comprises:
receiving a first response from the CA server for the second message, wherein the first response comprises the digital certificate. See [0083].
As to claim 6, (Currently Amended) Bender discloses A communication method applied to a communication apparatus as a first device, comprising:
sending a first message (2a / 806) to a second device, wherein the first message comprises a certificate request file ([0082]-[0083]), and the certificate request file is used to apply for a digital certificate of the first device; and
receiving the digital certificate (5 / 820) from the second device. See Figs 7-8.
As to claims 9, 11, and 15, Bender discloses the second device comprising: a transceiver unit, configured to cooperate with a processor to (See Fig 8) as applied above to the method of claims 1, 3, and 6, respectively.
As to claims 16/18 and 17/19 Bender (inherently) discloses mediums as applied to claims 1 and 6 above.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2, 7, 10, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Bender.
As to claim 2, (Currently Amended) Bender discloses The method according to claim 1, wherein the sending the second message to the CA server based on the first message comprises:
sending a third message (814) to the first device however fails to explicitly recite:
wherein the third message comprises the certificate request file;
receiving, from the first device, first signature data corresponding to the third message; and
sending the second message to the CA server, wherein the second message comprises the first signature data and the third message.
Bender in [0062]-[0063] teach wherein the digital certificate comprises signature data and that the messages would be signed, thus
implying that the message to the CA would include the signature data. Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to send a third message with the certificate request, receive and send, in the event the signature data was missing since asking for missing data is merely common sense.
Claim 7 recites corresponding perspective of the UE.
As to claim 10, Bender provides for the apparatus according to claim 9 and as applied above to claim 2
As to claim 20, (New) Bender discloses The method according to claim 2, wherein the receiving the digital certificate from the CA server comprises: receiving a first response from the CA server for the second message, wherein the first response comprises the digital certificate. See [0083].
As to claim 21, (New) Bender discloses The apparatus according to claim 10, wherein the transceiver is further configured to: receive a first response from the CA server for the second message, wherein the first response comprises the digital certificate. See [0083].
Claim(s) 4-5, 8, and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bender as applied to claim 6 above, and further in view of Kasaura et al. (2007/0162741) hereinafter “Kasaura”.
As to claim 4, (Currently Amended) Bender discloses The method according to claim 3, wherein the first response carries signature data of the first response (see [0062]-[0063], however fail to explicitly recite and the sending the digital certificate to the first device comprises:
sending first acknowledgment information to the CA server based on a check result of checking the first response according to the signature data of the first response (check result reads on Bender [0062]-[0063]);
receiving second acknowledgment information from the CA server for the first acknowledgment information; and
sending the digital certificate to the first device in response to the second acknowledgment information.
In an analogous art, Kasaura discloses wherein a CA waits for an ACK to be received before completing the certificate issuing process (S1111 Fig 7, [0085]) thereby compelling one to send and receive acks. Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to modify Bender wherein the
sending the digital certificate to the first device comprises: sending first acknowledgment information to the CA server based on a check result of checking the first response according to the signature data of the first response; receiving second acknowledgment information from the CA server for the first acknowledgment information; and sending the digital certificate to the first device in response to the second acknowledgment information for the purpose of conforming to industry standards.
As to claim 5, (Currently Amended) Bender and Kasaura provide for The method according to claim 4, wherein the sending the first acknowledgment information to the CA server based on the check result of checking the first response based on the signature data of the first response comprises:
based on the check result being successful, sending the first acknowledgment information to the first device;
receiving, from the first device, second signature data corresponding to the first acknowledgment information; and
sending the first acknowledgment information and the second signature data to the CA server. See Bender [0062]-[0063].
As to claim 8, (Currently Amended) Bender discloses The method according to claim 6, further comprising:
sending second signature data corresponding to the first acknowledgment information to the second device (S1111 Fig 7, [0085]). Bender fails to explicitly recite yet in an analogous art Kasaura discloses receiving first acknowledgment information from the second device (see Fig 8). Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to modify Bender for further receiving first acknowledgment information from the second device for the purpose of updating information.
As to claims 12 and 13, Bender provides for the apparatus according to claim 11 and as applied above to claims 4-5, respectively.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER KINCAID whose telephone number is (571)272-7922. The examiner can normally be reached M-Th: 7-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuwen Pan can be reached at 571-272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESTER G KINCAID/Primary Examiner, Art Unit 2649
