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
The application of Matthias Fink for Method and Apparatus for Checking a Digital Key for a Vehicle filed 9/13/24 has been examined. Claims 1-20 are pending.
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.
Regarding claims 1-2 and 13-14 the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) the limitation of determine a sequence of key identifiers and identify a first key identifier in the sequence of key identifiers, which represents a mental process that can be performed in the human mind with the aid of pen and paper. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claimed limitations can be implemented using a general purpose computer.
Regarding claim 20, the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) a process that can be performed in the human mind or perform by a human using pen and paper. This judicial exception is not integrated into a practical application because the steps of providing a sequence of keys identifiers and receiving a request to provide an attestation further represents a mental process. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the limitation of providing the requested attestation by wireless communication represents conventional and routine functions.
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.
Claim(s) 1-10,13-18, and 20 is/are rejected under 35 U.S.C. 102(a)91) as being anticipated by Davoust et al. US Patent Application Publication 2016/0285636
Regarding claim 1, Davoust et al. teaches an apparatus for checking a digital target key of a device for a vehicle (112, paragraph 028,044),
wherein the apparatus is configured to:
determine a sequence of key identifiers for a corresponding sequence of digital keys
that have been used to derive the target key (new key is generated by cascading the root and various key identifiers [paragraph 031-032],the generated key is used to access to a product or service by decrypting the generated key and the various identifiers used in generating the key is used to determine the functions to be performed [paragraph 053]);
identify a first key identifier in the sequence of key identifiers for a corresponding
first key in the sequence of keys that has not yet been verified for the vehicle [paragraph 034,053,68]) ;
obtain an attestation for the identified key from the device (the newly generated key is compared to a stored key and verified, paragraph 053,078);
verify the identified key on a basis of the obtained attestation and
check the target key of the device on a basis of the verified identified key (paragraph 053,078).
Regarding claim 2, Davoust et al. teaches the apparatus is configured to:
verify the identified key on the basis of the obtained attestation and on a basis of a
preceding key in the sequence of keys, the preceding key having a preceding key identifier in
the sequence of key identifiers that is disposed directly in front of the identified key identifier
in the sequence of key identifiers (paragraph 053,078).
Regarding claim 3, Davoust et al. teaches the apparatus is configured to:
identify the first key identifier in the sequence of key identifiers using a key memory,
wherein the key memory indicates zero, one, or more verified keys, and key identifiers
thereof, that have already been verified for the vehicle (key sequence identifier is stated as chain 1-key 1, chain 2-key 1, paragraph 033).
Regarding claim 4, Davoust et al. teaches the apparatus is configured to:
include the verified identified key with the identified key identifier in the key
memory (the verified key include the root key, product key, and class key, paragraph 031, 53,78).
`
Regarding claim 5, Davoust teaches the sequence of key identifiers has N key identifiers n=1, N, with N≥2, wherein an N-th key identifier is the key identifier for the target key of the device, and
wherein the identified key identifier corresponds to an n₁-th key identifier in the
sequence of key identifiers, where 1≤n₁<N (a chain of keys can be created using the key creation function and the root key, paragraph 033).
Regarding claim 6, Davoust teaches the apparatus is configured to verify the key with the subsequent (n₁+1)-th key identifier in the sequence of key identifiers by using the attestation for the key with the subsequent (n₁+1)-th key identifier, and by using the previously verified key with the n₁-th key identifier (paragraph 033-035).
Regarding claim 7, Davoust teaches, in order to finally verify the target key of the device as the key with the N-th key identifier, the apparatus is configured to, iteratively for n= n₁+1 to N:
obtain the attestation for the key with the n-th key identifier; and
verify the key with the n-th key identifier on a basis of the respective obtained
attestation and by using a key with an (n-1)-th key identifier (paragraph 033-035).
Regarding claim 8, Davoust et al. teaches binding the different identifiers via a cryptographic function (paragraph 032,034,053,078) and this is considered as cryptographically signing the key information and the decrypting of the key information (paragraph 028,053) represents the attestation for the identified key
Regarding claim 9, Davoust et al. teaches the sequence of key identifiers and/or the attestation are stored on the device and are obtained by the vehicle via a wireless communication connection (device 112 stores the key and represent a vehicular device, paragraph 044,053).
Regarding claim 10, the sequence of key identifiers indicates a version of each of the individual
keys used in the corresponding sequence of keys (chain of keys, paragraph 033),
wherein one or more keys in the corresponding sequence of keys have a version from
multiple different possible versions (paragraph 035), and wherein the apparatus is configured to:
identify the first key identifier in the sequence of key identifiers for a corresponding first key in the sequence of keys that has not yet been verified for the vehicle with the respective indicated version (paragraph 053,078).
Regarding claim 13, Davoust teaches a method for checking a digital target key of a device for a vehicle, the
method comprising:
determining a sequence of key identifiers for a corresponding sequence of digital keys
that have been used to derive the target key (new key is generated by cascading the root and various key identifiers [paragraph 031-032],the generated key is used to access to a product or service by decrypting the generated key and the various identifiers used in generating the key is used to determine the functions to be performed [paragraph 053]);
identifying a first key identifier in the sequence of key identifiers for a corresponding
first key in the sequence of keys that has not yet been verified for the vehicle (paragraph 053,68);
obtaining an attestation for the identified key from the device (the newly generated key is compared to a stored key and verified, paragraph 053,078);
verifying the identified key on a basis of the obtained attestation and
checking the target key of the device on a basis of the verified identified key (paragraph 053,078).
Regarding claim 14, Davoust teaches verifying the identified key on the basis of the obtained attestation and on a basis of a preceding key in the sequence of keys, the preceding key having a preceding key identifier in the sequence of key identifiers that is disposed directly in front of the identified key identifier in the sequence of key identifiers (paragraph 053,078).
Regarding claim 15, Davoust et al. teaches the apparatus is configured to:
identify the first key identifier in the sequence of key identifiers using a key memory,
wherein the key memory indicates zero, one, or more verified keys, and key identifiers
thereof, that have already been verified for the vehicle (key sequence identifier is stated as chain 1-key 1, chain 2-key 1, paragraph 033).
Regarding claim 16, Davoust et al. teaches the apparatus is configured to:
include the verified identified key with the identified key identifier in the key
memory (the verified key include the root key, product key, and class key, paragraph 031, 53,78).
Regarding claim 17, Davoust et al. teaches binding the different identifiers via a cryptographic function (paragraph 032,034,053,078) and this is considered as cryptographically signing the key information and the decrypting of the key information (paragraph 028,053) represents the attestation for the identified key
Regarding claim 18, Davoust teaches the sequence of key identifiers indicates a version of each of the individual keys used in the corresponding sequence of keys (chain of keys, paragraph 033),
wherein one or more keys in the corresponding sequence of keys have a version from
multiple different possible versions (paragraph 035), and wherein the apparatus is configured to:
identify the first key identifier in the sequence of key identifiers for a corresponding first key in the sequence of keys that has not yet been verified for the vehicle with the respective indicated version (paragraph 053,078).
Regarding claim 20, Davoust teaches a method for checking a digital target key of a device for a vehicle, the method comprising:
providing a sequence of key identifiers for a corresponding sequence of keys that
have been used to derive the target key (new key is generated by cascading the root and various key identifiers [paragraph 031-032],the generated key is used to access to a product or service by decrypting the generated key and the various identifiers used in generating the key is used to determine the functions to be performed [paragraph 053]);
receiving a request to provide an attestation for a key in the sequence of keys that has
been identified by a key identifier in the sequence of key identifiers and
providing the requested attestation via a wireless communication connection (the newly generated key is compared to a stored key and verified, paragraph 053,078).
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(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davoust et al. US Patent Application Publication 20160285636 in view of Kwon et al. US Patent Application Publication 20230147516.
Regarding claim 12, Davoust et al is silent on teaching each of the individual keys of the sequence of keys is designed according to the Car Connectivity Consortium (CCC) key standard. Kwon in an analogous art teaches designing keys according to the Car Connectivity Consortium (CCC) key standard (paragraph 068),
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Davoust as disclosed by Kwon because such modification represents an improvement over the system Davoust by standardizing the key identifiers and further allowing devices to be easily paired.
Allowable Subject Matter
Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 11, the prior art of record is silent on teaching use the identified key identifier to determine a subarea of a memory area of the device in which the attestation for the identified key is stored; and read the attestation for the identified key from the determined subarea.
Conclusion
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/VERNAL U BROWN/ Primary Examiner, Art Unit 2686