DETAILED ACTION
Notice of 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 .
The present office action is responsive to communications received on 8/5/2024. Claims 16-33 are pending.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/5/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Spec [0040] recites “As shown in FIG. 1 , the one or more interfaces 32 are coupled to the respective control module 34 of the device 30. In examples, the device 34 can be implemented by…”. “device 34” is incorrect according to FIG. 1.
Appropriate 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.
Claim 19 and 29 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 pre-AIA the applicant regards as the invention.
The rejection(s) under 35 U.S.C. 112(b) is/are determined by the following reasons:
Claim 19 recites "A vehicle with a user terminal as claimed in claim 16." It is not clear that “user terminal” refers to “A device” in claim 16 or not.
Claim 29 recites " A vehicle with a device as claimed in claim 26." It is not clear that “device” refers to “A user terminal” in claim 26 or not.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 16-29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because they recite “A device/server/user terminal for identification of an owner, comprising: an interface … and a control module …”, which is considered software per se. Examiner interpreted “control module” in the claims as software because spec [0040] recites “the described functions of the control module 34 can also be implemented in software, which is then executed on one or more programmable hardware components”. In addition, the claimed “interface” can be interpreted under the BRI as software. Applicant may amend the claims to change to a hardware interface to overcome the rejection. The dependent claims inherit the deficiencies of the claim upon which they ultimate claim and are rejected as well.
Claim Rejections - 35 USC § 102
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.
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.
Claims 16, 18, 20-28 and 30-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakagawa (US 20210234857 A1).
Regarding claim 16, Nakagawa teaches a device for identification of an owner, comprising:
an interface configured to communicate with a user terminal; and (FIG. 2, communication part 10)
a control module configured to control the interface, the control module further configured to, ([0026] The communication part 10 transmits and receives data to and from the application server 2 and the terminal 3 through the network N.)
receive information about an intended identification of the user terminal; ("The terminal 3 notifies the authenticator 4 connected thereto of the challenge information, and causes its display to display an instruction of a touch operation for touching the authenticator 4, to notify the user U to touch the authenticator 4 (step S18).": [0058] and figure 4 );
generate signed information based on the information about an intended identification, wherein the signed information can be used for identification of the owner; and ("Subsequently, the authenticator 4 generates the signature information by encrypting the challenge information, the public key for authentication, and the authentication key identifier with the private key for authentication (step S21). ": [0060] and figure 4);
send the signed information to the user terminal. ("The authenticator 4 notifies the terminal 3 of the public key for authentication, the authentication key identifier, the signature information, and an attestation (step S22). The attestation is information signed by a private key for attestation that is different from the private key for authentication, and is used in the authentication server 1 to determine whether or not the authentication server 1 accepts the authenticator 4.": [0060] and figure 4).
Regarding claim 18, Nakagawa teaches all the features with respect to claim 16, as outlined Nakagawa further teaches
the signed information includes time information corresponding to a generation of the signed information. ([0048] the address information transmission part 120 generates signature information obtained by encrypting, with a private key for a token stored in advance in the storage 11, a) the hashed user ID, b) the service ID, and c) time information indicating the current time, as the token information. The token information is used for session management and as first information for verification. [0089] In addition, if the time difference between a) a time at which the token information was generated included in the token information and b) the current time is equal to or longer than a predetermined period of time, the verifying part 222 may determine that the authentication process takes too much time and consider the authentication to be a failure.)
Regarding claim 20, Nakagawa teaches a server for identification of an owner, comprising:
an interface configured to communicate with a user terminal; and (FIG. 2, communication part 10)
a control module configured to control the interface, and further configured to, ([0026] The communication part 10 transmits and receives data to and from the application server 2 and the terminal 3 through the network N.)
send information about an intended identification to the user terminal; ("When the registration part 121 of the authentication server 1 receives the request for registering the information for possession authentication from the terminal 3, the registration part 121 generates challenge information that is a random character string, and transmits the challenge information to the terminal 3 (step S17).": [0057] and figure 4);
receive signed information based on the sent information from the user terminal, wherein the signed information can be used for identification of the owner; ("The terminal 3 transmits the public key for authentication, the authentication key identifier, the signature information, and the attestation to the authentication server 1 (step S23).": [0061] and figure 4);
verify a validity of the signed information; and (("The registration part 121 of the authentication server 1 verifies whether or not the signature information received from the terminal 3 is correct (step S24). Specifically, the registration part 121 verifies the validity of the authenticator 4 on the basis of the attestation received from the terminal 3.": [0062] and figure 4);
responsive to the verification of the validity of the signed information, send information for identification of the owner to the user terminal. ("When the registration result transmission part 122 of the authentication server 1 receives the verification result indicating that the authentication server 1 is valid, the registration result transmission part 122 transmits a registration completion page indicating that the registration of the information for possession authentication is completed to the terminal 3 (step S31).": [0068] and figure 5).
Regarding claim 21, the scope of the claim is similar to that of claim 18, respectively. Accordingly, the claim is rejected using a similar rationale.
Regarding claim 22, Nakagawa teaches all the features with respect to claim 21, as outlined Nakagawa further teaches
wherein the control module is further configured to receive a request for an intended identification from a user terminal. ("When the registration part 121 of the authentication server 1 receives the request for registering the information for possession authentication from the terminal 3, the registration part 121 generates challenge information that is a random character string, and transmits the challenge information to the terminal 3 (step S17).": [0057] and figure 4)
Regarding claim 23, the scope of the claim is similar to that of claim 22, respectively. Accordingly, the claim is rejected using a similar rationale.
Regarding claim 24, Nakagawa teaches all the features with respect to claim 23, as outlined Nakagawa further teaches
generate a digital signature based on the signed information, wherein the digital signature enables unique identification of the owner; and send the digital signature to the user terminal. ([0060- 0063] Subsequently, the authenticator 4 generates the signature information by encrypting the challenge information, the public key for authentication, and the authentication key identifier with the private key for authentication (step S21). The authenticator 4 notifies the terminal 3 of the public key for authentication, the authentication key identifier, the signature information, and an attestation (step S22). The attestation is information signed by a private key for attestation that is different from the private key for authentication, and is used in the authentication server 1 to determine whether or not the authentication server 1 accepts the authenticator 4. The terminal 3 transmits the public key for authentication, the authentication key identifier, the signature information, and the attestation to the authentication server 1 (step S23). The registration part 121 of the authentication server 1 verifies whether or not the signature information received from the terminal 3 is correct (step S24). Specifically, the registration part 121 verifies the validity of the authenticator 4 on the basis of the attestation received from the terminal 3. If the registration part 121 determines that the authenticator 4 is valid, the registration part 121 decrypts the signature information using the received public key for authentication to acquire the challenge information, the public key for authentication, and the authentication key identifier included in the signature information. The registration part 121 verifies the signature information by determining whether or not the challenge information, the public key for authentication, and the authentication key identifier acquired from the signature information match the challenge information transmitted in step S17, the received public key for authentication, and the received authentication key identifier. If the registration part 121 determines that the signature information is correct (step S25), the registration part 121 associates the hashed user ID received in step S9, the public key for authentication, and the authentication key identifier with the service ID received from the application server 2 in step S9, and stores these pieces of information in the storage 11 (step S26).)
Regarding claim 25, the scope of the claim is similar to that of claim 24, respectively. Accordingly, the claim is rejected using a similar rationale.
Regarding claim 26, Nakagawa teaches a user terminal for identification of an owner, comprising:
an interface configured to communicate with a server and a hardware token; and (FIG. 2, communication part 10)
a control module configured to control the interface, and further configured to: ([0026] The communication part 10 transmits and receives data to and from the application server 2 and the terminal 3 through the network N.)
send a request to the server for an intended identification; ("When the registration button is pressed ( step S 15), the terminal 3 transmits the request for registering the information for possession authentication to the authentication server 1 (step S16)": [0056] and figure 4).;
receive information about the intended identification from the server; "When the registration part 121 of the authentication server 1 receives the request for registering the information for possession authentication from the terminal 3, the registration part 121 generates challenge information that is a random character string, and transmits the challenge information to the terminal 3 (step S 17).": [0057] and figure 4);
send the information about the intended identification to the hardware token; ("The terminal 3 notifies the authenticator 4 connected thereto of the challenge information, and causes its display to display an instruction of a touch operation for touching the authenticator 4, to notify the user U to touch the authenticator 4 (step S18).": [0058] and figure 4);
receive signed information based on the information about the intended identification from the hardware token, wherein the signed information can be used for identification of the owner; ("The authenticator 4 notifies the terminal 3 of the public key for authentication, the authentication key identifier, the signature information, and an attestation (step S22). The attestation is information signed by a private key for attestation that is different from the private key for authentication, and is used in the authentication server 1 to determine whether or not the authentication server 1 accepts the authenticator 4.": [0060] and figure 4);
send the signed information to the server; and ("The terminal 3 transmits the public key for authentication, the authentication key identifier, the signature information, and the attestation to the authentication server 1 (step S23).": [0061] and figure 4);
receive information for identification of the owner from the server. ("When the registration result transmission part 122 of the authentication server 1 receives the verification result indicating that the authentication server 1 is valid, the registration result transmission part 122 transmits a registration completion page indicating that the registration of the information for possession authentication is completed to the terminal 3 (step S31).": [0068] and figure 5).
Regarding claims 27-28, the scope of the claims is similar to that of claim 24, respectively. Accordingly, the claims are rejected using a similar rationale.
Regarding claims 30-33, the scope of the claims is similar to that of claim 16, 20, 26, respectively. Accordingly, the claims are rejected using a similar rationale.
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.
Claim 17, 19, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (US 20210234857 A1). in view of Radocchia (US 20160358186 A1).
Regarding claim 17, Nakagawa teaches all the features with respect to claim 16, as outlined above. But Nakagawa does not teach wherein the device and the user terminal are configured to communicate using near-field communication. This aspect of the claim is identified as a difference.
However, Radocchia in an analogous art explicitly teaches
wherein the device and the user terminal are configured to communicate using near-field communication. ([0009] proof of proximity authentication [0027] The circuit 206 is able to communicate wirelessly via near field communication, bluetooth low energy, radio frequency identification, bluetooth, WiFi or other types of wireless communication known in the art.)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the “authentication system” concept of Nakagawa, and the “identity system” approach of Radocchia. One of ordinary skill in the art would have been motivated to enable a user to authenticate that item is genuine and the current owner of the item. In addition, it provides the advantage of enabling a user to quickly find authenticated information about an item and be forwarded to a location with information about the item (Radocchia [0037-0038]).
Regarding claim 19, Nakagawa teaches all the features with respect to claim 16, as outlined Nakagawa in view of Radocchia further teaches
A vehicle with a user terminal as claimed in claim 16. ([Radocchia 0025] the items 102 are also able to be automobiles, vehicles, boats, collectibles and the like.)
Regarding claim 29, the scope of the claim is similar to that of claim 19, respectively. Accordingly, the claim is rejected using a similar rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 9596089 B2, "Method for generating a certificate" by Entschew.
US 10431029 B2, "Access control system" by Carstens.
DE 102014017618 A1, “Method for releasing and / or triggering a vehicle function of a motor vehicle and motor vehicle" by Ederle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAN YANG whose telephone number is (408)918-7638. The examiner can normally be reached on Monday to Friday, 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Colin can be reached on (571)272-3862. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAN YANG/Primary Examiner, Art Unit 2493