Prosecution Insights
Last updated: October 27, 2026
Application No. 18/774,335

SECURE LCS PROVISIONING SYSTEM

Non-Final OA §DP
Filed
Jul 16, 2024
Examiner
ANYA, CHARLES E
Art Unit
2194
Tech Center
2100 — Computer Architecture & Software
Assignee
Dell Products L.P.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
746 granted / 913 resolved
+26.7% vs TC avg
Strong +33% interview lift
Without
With
+32.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
38 currently pending
Career history
965
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
69.9%
+29.9% vs TC avg
§102
7.0%
-33.0% vs TC avg
§112
6.2%
-33.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 913 resolved cases

Office Action

§DP
DETAILED ACTION Claims 1-20 are pending in this application. 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 . Claim Objections Claims 1-7 are objected to because of the following informalities: Claim 1 includes the term “SCP”. Abbreviations are allowed in claims, however, the first occurrence of the abbreviation MUST be spelled out. For instance, System Control Processor (SCP). 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). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1, 8 and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7 and 14 of U.S. Patent No. U.S. Pat. No. 12,701,109 B2 issued to Farley et al. in view of U.S. Pub. No. 2022/0123920 A1 to Pike et al. Instant Application No. 18/774,335 U.S. Pat. No. 12,701,109 Claim 1: A secure Logically Composed System (LCS) provisioning system, comprising: a resource management system; and a resource system that is coupled to the resource management system and that includes: a resource system operating system; and an SCP device that is configured to: receive, from the resource management system, Logically Composed System (LCS) initialization information for an LCS; provide the LCS initialization information to the resource system operating system; receive, from the resource management system, virtual Trusted Platform Module (vTPM) information for the LCS; provide, using the vTPM information, an LCS vTPM for the LCS in a secure SCP storage subsystem; and identify, to the resource system operating system, a location of the LCS vTPM in the secure SCP storage subsystem, wherein the resource system operating system is configured to: access the LCS vTPM at the location in the secure SCP storage subsystem and use the LCS vTPM with the LCS initialization information to provide an LCS. Claim 1: A resource/control plane/Logically Composed System (LCS) authentication system, comprising: a resource management system; and a resource system that is coupled to the resource management system and that includes: a System Control Processor (SCP) device that includes at least one SCP hardware processing system that is configured to execute instructions stored on at least one SCP memory system to authenticate with the resource management system to provide an authenticated Logically Composed System (LCS) control plane; a Basic Input/Output System (BIOS) that includes at least one BIOS hardware processing system that is configured to execute instructions stored on at least one BIOS memory system to provide BIOS operating system authentication information in an authentication information database with resource management operating system authentication information provided by the resource management system; and an operating system that includes at least one operating system hardware processing system that is configured to execute instructions stored on at least one operating system memory system to: sign the BIOS operating system authentication information and the resource management operating system authentication information to provide signed operating system authentication information; transmit the signed operating system authentication information to the resource management system to provide an authenticated resource system; create an LCS virtual Trusted Platform Module (vTPM) for an LCS that was composed by the resource management system; receive an LCS vTPM payload for the LCS from the resource management system and store the LCS vTPM payload in the LCS vTPM; provide the LCS using the LCS vTPM payload, wherein the LCS includes at least one LCS hardware processing system that is configured to execute instructions stored on at least one LCS memory system to authenticate itself and the operating system to provide an authenticated LCS; and perform a workload using the authenticated LCS, the authenticated resource system, and the authenticated LCS control plane. Claim 8: An Information Handling System (IHS), comprising: a resource system processing system; a resource system memory system that is coupled to the resource system processing system and that includes instructions that, when executed by the resource system processing system, cause the resource system processing system to provide a resource system operating system engine; a System Control Processor (SCP) processing system; and an SCP memory system that is coupled to the SCP processing system and that includes instructions that, when executed by the SCP processing system, cause the SCP processing system to provide an SCP engine that is configured to: receive, from a resource management system, Logically Composed System (LCS) initialization information for an LCS; provide the LCS initialization information to the resource system operating system engine; receive, from the resource management system, virtual Trusted Platform Module (vTPM) information for the LCS; provide, using the vTPM information, an LCS vTPM for the LCS in a secure SCP storage subsystem; and identify, to the resource system operating system engine, a location of the LCS vTPM in the secure SCP storage subsystem, wherein the resource system operating system engine is configured to: access the LCS vTPM at the location in the secure SCP storage subsystem via the secure communication channel and use the LCS vTPM with the LCS initialization information to provide an LCS. Claim 7: An Information Handling System (IHS), comprising: a System Control Processor (SCP) device that includes at least one SCP hardware processing system that is configured system that is configured to execute instructions stored on at least one SCP memory system to authenticate with a resource management system to provide an authenticated Logically Composed System (LCS) control plane; a Basic Input/Output System (BIOS) that includes at least one BIOS hardware processing system that is configured to execute instructions stored on at least one BIOS memory system to provide BIOS operating system authentication information in an authentication information database with resource management operating system authentication information provided by the resource management system; and an operating system that includes at least one operating system hardware processing system that is configured to execute instructions stored on at least one operating system memory system to: sign the BIOS operating system authentication information and the resource management operating system authentication information to provide signed operating system authentication information; transmit the signed operating system authentication information to the resource management system to provide an authenticated resource system; create an LCS virtual Trusted Platform Module (vTPM) for an LCS that was composed by the resource management system; receive an LCS vTPM payload for the LCS from the resource management system and store the LCS vTPM payload in the LCS vTPM; provide the LCS using the LCS vTPM payload, wherein the LCS includes at least one LCS hardware processing system that is configured to execute instructions stored on at least one LCS memory system to authenticate itself and the operating system to provide an authenticated LCS; and perform a workload using the authenticated LCS, the authenticated resource system, and the authenticated LCS control plane. Claim 14: A method for securely providing a Logically Composed System (LCS), comprising: receiving, by a System Control Processor (SCP) device from a resource management system, Logically Composed System (LCS) initialization information for an LCS; providing, by the SCP device, the LCS initialization information to a resource system operating system; receiving, by the SCP device from the resource management system, virtual Trusted Platform Module (vTPM) information for the LCS; providing, by the SCP device using the vTPM information, an LCS vTPM for the LCS in a secure SCP storage subsystem; identifying, by the SCP device to the resource system operating system, a location of the LCS vTPM in the secure SCP storage subsystem; and accessing, by the resource system operating system, the LCS vTPM at the location in the secure SCP storage subsystem via the secure communication channel and use the LCS vTPM with the LCS initialization information to provide an LCS. Claim 14: A method for authenticating a Logically Composed System (LCS) along with the resource system and the LCS control plane that are used to provide that LCS, comprising: authenticating, by a System Control Processor (SCP) device that is included in a resource system using at least one SCP processing system executing instructions stored on at least one SCP memory system, with a resource management system to provide an authenticated Logically Composed System (LCS) control plane; providing, by a Basic Input/Output System (BIOS) that is included in the resource system using at least one BIOS processing system executing instructions stored on at least one BIOS memory system, BIOS operating system authentication information in an authentication information database with resource management operating system authentication information provided by the resource management system; signing, by an operating system that is provided by the resource system using at least one operating system processing system executing instructions stored on at least one operating system memory system, the BIOS operating system authentication information and the resource management operating system authentication information to provide signed operating system authentication information; transmitting, by the operating system using the at least one operating system processing system executing the instructions stored on the at least one operating system memory system, the signed operating system authentication information to the resource management system to provide an authenticated resource system; creating, by the operating system using the at least one operating system processing system executing the instructions stored on the at least one operating system memory system, an LCS virtual Trusted Platform Module (vTPM) for an LCS that was composed by the resource management system; receiving, by the operating system using the at least one operating system processing system executing the instructions stored on the at least one operating system memory system, an LCS vTPM payload for the LCS from the resource management system and store the LCS vTPM payload in the LCS vTPM; providing, by the operating system using the at least one operating system processing system executing the instructions stored on the at least one operating system memory system, the LCS using the LCS vTPM payload, wherein the LCS includes at least one LCS hardware processing system that is configured to execute instructions stored on at least one LCS memory system to authenticate itself and the operating system to provide an authenticated LCS; and performing, by the operating system using the at least one operating system processing system executing the instructions stored on the at least one operating system memory system, a workload using the authenticated LCS, the authenticated resource system, and the authenticated LCS control plane. Farley is silent with reference to provide a secure communication channel between the resource system operating system and the secure SCP storage subsystem. Pike teaches provide a secure communication channel between the resource system operating system and the secure SCP storage subsystem (“…Referring now to FIG. 5, an embodiment of a method 500 is illustrated for providing distributed key management. As discussed below, embodiments of the systems and methods of the present disclosure may utilize SCP subsystems that provide a platform root-of-trust for their computing system, and that also operate to establish distributed secure communication channels with each other to provide a secure SCP communication fabric, in order to provide a distributed, immutable, key management system for use by the SCP subsystems in communicating via the secure SCP communication fabric. For example, the distributed key management system of the present disclosure includes a first SCP subsystem coupled to second SCP subsystems via a network. The first SCP subsystem establishes secure communication channels with the second SCP subsystems, and a first key management subsystem in the first SCP subsystem retrieves enabling key(s) for communicating via the secure communication channels from a second key management subsystem in one of the second SCP subsystems, and stores the enabling key(s). The first key management subsystem then receives a first enabling key request from the first SCP subsystem and determines whether the first SCP subsystem is trusted. If the first SCP subsystem is trusted, the first key management subsystem provides the first SCP subsystem access to the at least one enabling key. If the first SCP subsystem is not trusted, the first key management subsystem prevents the first SCP subsystem from accessing the at least one enabling key stored. As such, decentralized, distributed key management is enabled that provides key management redundancy using SCP subsystems that operate to provide a variety of other functionality, and thus are not purely redundant subsystems like those utilized in conventional key management subsystems…” paragraphs 0043/0044). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to modify the system of Farley with the teaching of Pike because the teaching of Pike would improve the system of Farley by providing a technique for allowing a secure communication channels between two computing components (Pike paragraph 0043). Claims 2-7, 9-13 and 15-20, are rejected for the same reason as claims 1, 8 and 14 respectively. Allowable Subject Matter Claims 1-20 are allowed. Note: This allowable subject matter is contingent on Applicants addressing the above concerns. Reasons for allowance The following is an examiner’s statement of reasons for allowance: The closest prior art of records, (U.S. Pub. No. 2023/0385419 A1 to Gowda et al., U.S. Pub. No. 2025/0103372 A1 to Chitnis et al., and T.W. No. 202213090 A to Wang et al.), taken alone or in combination do not specifically disclose or suggest the claimed recitations (claims 1, 8 and 14), of “…provide, using the vTPM information, an LCS vTPM for the LCS in a secure SCP storage subsystem; provide a secure communication channel between the resource system operating system and the secure SCP storage subsystem; and identify, to the resource system operating system, a location of the LCS vTPM in the secure SCP storage subsystem, wherein the resource system operating system is configured to: access the LCS vTPM at the location in the secure SCP storage subsystem via the secure communication channel and use the LCS vTPM with the LCS initialization information to provide an LCS...”, when taken in the context of claims as a whole. The dependent claims are allowed as they depend upon allowable independent claims. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pub. No. 2023/0385419 A1 to Gowda et al. and directed to a trusted orchestrator function subsystem inventory and verification system includes an OS, a BIOS, a management device, and a trusted orchestrator device. U.S. Pub. No. 2025/0103372 A1 to Chitnis et al. and directed to techniques utilizing key hierarchies for virtual trusted platform modules (vTPMs). T.W. No. 202213090 A to Wang et al. and directed to coordinated initialization system. CN 110347479 A to Liu et al. and directed to a trusted platform module containing code operation unit and storage unit of a system level chip with generating and managing a key, encrypting and decrypting processing, storing metric values and mounted on a main board of the TPM in a trusted computing system. Wang et al. SvTPM: SGX-based Virtual Trusted Platform Modules for cloud computing. U.S. Pub. No. 2009/0086979 A1 to Brutch et al. and directed to a Virtual TPM ("vTPM") architecture is composed of several functional components, including vTPMs and a vTPM manager. U.S. Pub. No. 20090169012 A1 to Smith et al. and directed to a method for migration of virtual trusted platform module keys that are rooted in a hardware trusted platform module. CN 105389513 A to Shi et al. and directed to a virtual trusted platform module vTPM the trusted execution method and device, an operating system loads the SGX module, the operating system runs a first vTPM simulator, comprising: first vTPM simulator of the operation system to the SGX module sends a first establishment request so that the SGX module according to the first creating request to establish a first memory enclave, generates a first communication key, to execute program code of the first vTPM simulator in the first enclave to the second vTPM simulator. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES E ANYA whose telephone number is (571)272-3757. The examiner can normally be reached Mon-Fir. 9-6pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KEVIN YOUNG can be reached at 571-270-3180. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHARLES E ANYA/Primary Examiner, Art Unit 2194
Read full office action

Prosecution Timeline

Jul 16, 2024
Application Filed
Oct 01, 2026
Non-Final Rejection mailed — §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+32.9%)
3y 1m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 913 resolved cases by this examiner. Grant probability derived from career allowance rate.

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