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 .
DETAILED ACTION
1. The office acknowledges the receipt of the following and placed of record in the file: Application dated 7/9/2024 claimed priority of date 5/3/2018.
2. Claims 1-20 are presented for examination.
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 obviousness-type 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 Fo3d 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
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3. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U. S. Patent No. 12,032700.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is substantially similar in nature with the Claim limitations of the patent for example
Instant application
Patent 12,032700
1.A removable boot drive (RBD) system comprising:
an embedded-RBD host device;
a mount opening, located on the embedded-RBD host device, comprising:
an electrical connection;
a clip or lock;
A removable boot drive (RBD) system comprising:
an embedded-RBD host device;
a mount opening, located on the
embedded-RBD host device, comprising:
an electrical connection;
a clip or lock;
an embedded-RBD plug-in device, which can be attached to the mount opening, the embedded-RBD plug-in device comprising:
a tab finger well, wherein a bottom portion of the tab finger well comprises a portion of a top surface of an RBD housing, and wherein the tab finger well comprises a wall surrounding a tab handle which facilitates using a finger to lift the tab handle from a vertical configuration to a horizontal configuration;
an embedded-RBD plug-in device, which can be attached to the mount opening, the embedded-RBD plug-in device comprising:
an RBD housing, the RBD housing comprising a planar top surface and a planar bottom surface;
a tab handle coupled to the planar top surface of the RBD housing;
a tab finger well, wherein a bottom portion of the tab finger well comprises a portion of the planar top surface of the RBD housing, and wherein the tab finger well comprises a wall surrounding the tab handle which facilitates using a finger to lift the tab handle from a horizontal configuration to a vertical configuration;
a boot drive.
a boot drive;
memory-storage.
Although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1 of the instant application is anticipated by claim 1 of the patent where claim 1 of the patent contains all the limitations of claim 1 of the instant application. Therefore, Claim 1 of the instant application is not patently distinct from the earlier parent claim and as such is unpatentable for nonstatutory double patenting.
Claim Rejections - 35 USC § 102
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.
4. Claim(s) 1-2, 4, 6-15, 17-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murray John Ellis (“Ellis”), U.S. Patent Publication No.2017/0300340.
Regarding Claim 1, Ellis teaches a removable boot drive (RBD) [404, 1104 or 12104] system comprising:
an embedded-RBD host device [Para: 0003(small form factor (SSF) device as laptop and also see Fig-5A)];
a mount opening (118), located on the embedded-RBD host device [Para: 0098(“RBD 404 has a size and/or shape so that it can be received by the opening 418 of the SFF device 402”)], comprising:
an electrical connection [Para: 0117(“back plate 528 is made of metal or other conductive material to support an electrical connection for a removable disk inserted in the RBD enclosure 506,”)];
a clip or lock [Para: 0145(“locking mechanism 12195 of the RBD 12104, which has two latches corresponding to the notches of the ejection mechanism 12106, each latch fitting into a corresponding notch to securely position the RBD 12104”)];
an embedded-RBD plug-in device, which can be attached to the mount opening, the embedded-RBD plug-in device [Para: 0003(“RBD may comprise an SFF RBD that is configured to be inserted into an RBD enclosure created for an SFF laptop”) and Fiig-4,5 and 1] comprising:
a tab finger well (finger grip 1190), wherein a bottom portion of the tab finger well comprises a portion of a top surface of an RBD housing (as finger grip 1190 sits on top of RBD 1104), and wherein the tab finger well comprises a wall surrounding a tab handle which facilitates using a finger to lift the tab handle from a vertical configuration to a horizontal configuration [Para: 0135(as “finger grip 1190 may be designed for flip up handle to grab for inserting or removing the RBD 1104” suggests lifting finger grip from horizontal position to vertical position)];
a boot drive [Abstract and Para: 0003(“removable bootable drives (RBD(s)) are disclosed”)].
Regarding Claim 2, Ellis teaches wherein the mount opening is located on a side of the embedded-RBD host device [Fig-4(opening 418 on side of SSF device 402)].
Regarding Claims 4, 17 and 18, Ellis teaches a biometric-data sensor configured to provide an authorization input [Para: 0100(“biometric authentication” includes finger prints)].
Regarding Claim 6, Ellis teaches wherein the mount opening further comprises a lid [Para: 0125 (lid 1128)].
Regarding Claim 7, Ellis teaches wherein the tab handle is configured for extracting the embedded-RBD plug-in device from the mount opening [Fig-4(RBD 404 inserted into and removed from enclosure 406 by an user (hand) and Fig-11B(by finger grip 1190), and the embedded-RBD plug-in device can be removed without removing a battery [Fig-11B].
Regarding Claim 8, Ellis teaches wherein the embedded-RBD plug-in device further comprises a solid state drive (SSD) embedded within a caddy [Para: 0019(storage device include “a solid state drive (SSD)” and Para: 0163(the storage device an opposite of 15104is shown to include indentation 15370with a pattern of corresponding side of caddy 15003connect with RBD 15104)].
Regarding Claim 9, Ellis teaches wherein, when the embedded-RBD plug-in device is attached to the mount opening and a user is successful with providing certain authentication inputs, the data on the embedded-RBD plug-in device can be accessed through the embedded-RBD host device [Para: 0069( user may use the RBD allocation system 108 to request access to and/or release one of the RBD(s) 112 for use in one of the secured system(s) 106, ) and 0070 (“the RBD allocation system 108 may determine whether a user has appropriate rights (clearance, appropriate username, password, other authentication, etc.) to access one or more of the RBD(s) 112”)].
Regarding Claim 10, Ellis teaches claim 1, further comprising memory-storage [Para: 0019 (storage device include “a solid state drive (SSD)” or a “Serial AT Attachment (SATA) drive”)].
Regarding Claim 11, Ellis teaches a method that includes use of a removable boot drive (RBD) [Fig-4(removable bootable drives (RBD) – 404)] comprising:
attaching an embedded-RBD plug-in device to a mount opening [Para: 0003 (RBD may comprise an SFF RBD that is configured to be inserted into an RBD enclosure created for an SFF laptop” via opening 418 see fig-4)];
loading pre-boot authentication firmware from the embedded-RBD plug-in device onto an embedded-RBD host device [Para: 0100(password of biometric authentication required for “secure boot loading software that allows the SFF device 402 to be booted up with the secure operating system”)];
receiving pre-boot authentication input [Para: 0066(“the RBD allocation system 108 performs user authentication functions to determine whether a user is who the user says it is and/or authenticate a user's right to access the RBD(s) 112”];
comparing pre-boot authentication input with existing data [Para: 0082(“a datastore configured to store user identifiers of users … generic alphanumeric key strings corresponding to users, passwords, etc. In some implementations, the user identifiers may form a basis to verify and/or authenticate a user”)];
accessing operating system data in the embedded-RBD plug-in device for booting, and executing that operating system on the embedded-RBD host device [Para: 0100(password of biometric authentication required for “secure boot loading software that allows the SFF device 402 to be booted up with the secure operating system”)] and 0110], wherein the accessing the operating system data in the embedded-RBD plug-in device for booting includes decrypting data and executing the decrypted data [Para: 0100(“secure operating system, secure applications, secure processes, and/or other secure resources may be protected by encryption” suggests that a decryption is inherently there to encrypted data)];
accessing data in the embedded-RBD plug-in device [Para: 0100(as data for “secure boot loading software that allows the SFF device 402 to be booted up with the secure operating system” from RBD 404)] and 0110];
storing data in the embedded-RBD plug-in device [Para: 0110(RBD 504 includes secure operating system that is stored on a SSD)].
Regarding Claim 12, Ellis teaches binding an embedded-RBD plug-in device to a user or users [Para:0010(through use of “user identifier”)];
dispensing the embedded-RBD plug-in device [Para: 0068].
Regarding Claim 13, Ellis teaches wherein: the mount opening (opening 418) is located on a side of the embedded-RBD host device (at side of SFF 402);
the embedded-RBD host device resembles a laptop computer [Para: 0003(“RBD may comprise an SFF RBD that is configured to be inserted into an RBD enclosure created for an SFF laptop”)];
the embedded-RBD plug-in device comprises a boot drive [Para: 0110(RBD has boot loading software)].
Regarding Claim 14, Ellis teaches wherein: the attaching comprises an electrical[Para: 0117(“back plate 528 is made of metal or other conductive material to support an electrical connection for a removable disk inserted in the RBD enclosure 506,”)]; and mechanical coupling [Para: 0145(“locking mechanism 12195 of the RBD 12104, which has two latches corresponding to the notches of the ejection mechanism 12106, each latch fitting into a corresponding notch to securely position the RBD 12104”)];
the existing data is stored on the embedded-RBD plug-in device prior to the attaching [Para: 0100(“RBD 404 includes a secure operating system, secure applications, secure processes, and/or other secure resources”)].
Regarding Claim 15, Ellis teaches wherein: the accessing comprises decrypting encrypted data; the storing data comprises encrypting new data [Para: 0100(“secure operating system, secure applications, secure processes, and/or other secure resources may be protected by encryption” suggests that a decryption is inherently there to encrypted data)].
Regarding Claim 20, Ellis teaches carrying-out post-boot authentication on the executed operating system [Para: 0100(“secure applications, secure processes, and/or secure resources may include hardware and/or software that is not accessible by processes executing outside the secure operating system” as authentication continues post boot)].
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, 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.
5. Claims 3, 5, 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ellis as applied claim 1 above and Anastosis Chrysovoulos (hereinafter “Chrys”), WO 2015124798.
Regarding Claims 3 and 16, Ellis teaches all the limitations of claim 3 as described rejecting claim 1 above. Ellis does not disclose a two-factor-authentication device.
In the same field of endeavor (e.g., authentication operation of a hand holdable device), Chrys teaches a two-factor-authentication of a portable device [Page-1 lines 34-36].
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ellis’s teachings of authentication of a user for RBD with Chrys’s teachings of a two-factor-authentication of a portable device for the purpose of ensuring only authorized person to have access to RBD data.
Regarding Claims 5 and 19, Chrys teaches a smartwatch for use as a two-factor authentication device [Page-12 lines: 11-14 and page-13(19-25)].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED H REHMAN whose telephone number is (571)272-1412. The examiner can normally be reached 8.00 - 5.00.
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/MOHAMMED H REHMAN/Primary Examiner, Art Unit 2176