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 .
Claims 1, 10 and 16 have been amended. Claims 1-20 have been examined.
Response to Arguments
2. Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Terminal Disclaimer
3. The terminal disclaimer filed on 07/14/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent 12,108,246 has been reviewed and is accepted. The terminal disclaimer has been recorded.
4. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
5. 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 (i.e., changing from AIA to pre-AIA ) 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.
Claim Rejections - 35 USC § 103
6. Claims 1-5, 8-9 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Herzerg et al. (U.S. Patent Application Publication 2020/0007319; hereafter “Herzerg”), and further in view of Qi et al. (U.S. Patent Application Publication 2011/0150223; hereafter “Qi”), and further in view of Struik (U.S. Patent Application Publication 2005/0154882; hereafter “Struik”).
For claims 1 and 16, Herzerg teaches a device and a method comprising:
a wireless interface (note paragraph [0041], network components of the controllers include wireless network cards/chip sets) configured to exchange data with a first secondary node during a current secure session (note paragraph [0051]-[0052] and [0090], steps 328, 334 and 338, messages are encoded with the current session key sent to the receiving ECU); and
a processing circuit coupled to the wireless interface and configured to derive a new network key for a subsequent secure session based on a key refreshment counter value (note paragraphs [0050] and [0089], if the message counter, i.e. key refreshment counter, for the current session has exceeded a maximum, a new session key is derived);
encrypt a message using the new network key (note paragraphs [0050]-[0051] and [0090], message is encoded with the current session key after new session key is calculated); and
cause the wireless interface to transmit the encrypted message to the first secondary node (note paragraphs [0051] and [0090], encoded message is sent to the receiving ECU through the network).
Herzerg differs from the claimed invention in that they fail to teach:
derive a new network key for a subsequent secure session based on a key change bit
Qi teaches:
derive a new network key for a subsequent secure session based on a key refreshment counter value (note paragraph [0016], key generation is triggered by packet number exhaustion, i.e. refreshment counter value) and a key change bit (note paragraph [0033], packets may contain a new key bit to indicate a receiver should change to a new key)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the subsequent session key generation based on counters of Herzerg and the new key bit of Qi. One of ordinary skill would have been motivated to combine Herzerg and Qi because it would provide a simple and convenient method for the sender to notify a recipient that they changed encryption keys.
The combination of Herzerg and Qi differs from the claimed invention in that they fail to teach:
derive a nonce based on a frame counter value;
encrypt a message using the nonce;
Struik teaches:
derive a nonce based on a frame counter value (note paragraph [0027] and Fig. 2, nonce is derived from frame counter);
encrypt a message using the new network key and the nonce (note paragraph [0034] and Fig. 2, message is encrypted using key and nonce);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Herzerg and Qi and the nonce of Struik. One of ordinary skill would have been motivated to combine Herzerg, Qi and Struik because it would improve security by increasing variation in encryption with the session key.
For claims 2 and 17, the combination of Herzerg, Qi and Struik teaches claims 1 and 16, wherein the processing circuit is configured to derive the new network key without interrupting data communications between the device and a second secondary node (note Fig. 9-10 and paragraphs [0011], [0029], [0089] and [0097] of Herzerg, derivation of new session keys occurs “independently” by the sending and receiving ECUs to “continually maintain secure channels; i.e. without interrupting data communication; and note paragraphs [0066]-[0069] of Herzerg, ECUs store connection tables with different session keys and counters for each communication; i.e. deriving catch up network keys for one message type communication would not interrupt communications with other message types).
For claims 3 and 18, the combination of Herzerg, Qi and Struik claims 1 and 16, wherein the processing circuit is configured to derive the new network key based on the key refreshment counter value, the key change bit (note paragraph [0033] of Qi, packets may contain a new key bit to indicate a receiver should change to a new key), and a pre-shared key (note paragraphs [0050] and [0089] of Herzerg, if the message counter, i.e. key refreshment counter, for the current session has exceeded a maximum, a new session key is derived; new key is based on master key, i.e. pre-shared key, and the session counter concatenated with padding).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the subsequent session key generation based on counters of Herzerg and the new key bit of Qi. One of ordinary skill would have been motivated to combine Herzerg and Qi because it would provide a simple and convenient method for the sender to notify a recipient that they changed encryption keys.
For claims 4 and 19, the combination of Herzerg, Qi and Struik teaches claims 1 and 16, wherein the processing circuit is configured to derive the new network key based on the key refreshment counter value, the key change bit (note paragraph [0033] of Qi, packets may contain a new key bit to indicate a receiver should change to a new key), and a session count (note paragraphs [0050] and [0089] of Herzerg, if the message counter, i.e. key refreshment counter, for the current session has exceeded a maximum, a new session key is derived; new key is based on master key, i.e. pre-shared key, and the session counter concatenated with padding).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the subsequent session key generation based on counters of Herzerg and the new key bit of Qi. One of ordinary skill would have been motivated to combine Herzerg and Qi because it would provide a simple and convenient method for the sender to notify a recipient that they changed encryption keys.
For claim 5, the combination of Herzerg, Qi and Struik teaches claim 1, wherein the processing circuit is configured to:
perform pairing operations that include storage of network and key exchange information (note paragraphs [0036]-[0037] and [0066] of Herzerg, pair of communicating controller/ECUs establish and store shared secrets and counters in any of a variety of ways including public key cryptography, i.e. pairing operation); and
derive the new network key without another key exchange (note paragraph [0089] of Herzerg, new network key is generated based on current key, master key and counter, i.e. without performing another key exchange).
For claim 8, the combination of Herzerg, Qi and Struik teaches claim 1, wherein the processing circuit is configured to derive the new network key while the wireless interface is transmitting broadcast communications (note paragraphs [0036]-[0037] and [0050] of Herzerg, new network key is derived during communication of a group of controllers/ECUs, i.e. broadcast communication).
For claim 9, the combination of Herzerg, Qi and Struik teaches claim 1, wherein the processing circuit is configured to derive the new network key while the wireless interface is transmitting unicast communications (note paragraphs [0036]-[0037] and [0050] of Herzerg, new network key is derived during communication of a pair of controllers/ECUs, i.e. unicast communication).
7. Claims 6-7 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Herzerg, Qi and Struik as applied to claims 1 and 16 above, and further in view of Adler et al. (U.S. Patent Application Publication 2017/0359717; hereafter “Adler”).
For claims 6 and 20, the combination of Herzerg, Qi and Struik differs from the claimed invention in that they fail to teach:
identify a plurality of secondary nodes including the first secondary node based on broadcast communications transmitted by the wireless interface during a scanning phase; and
cause the wireless interface to transmit unicast communications to exchange network and security information with the plurality of secondary nodes identified in a scanning phase.
Adler teaches:
identify a plurality of secondary nodes including the first secondary node based on broadcast communications transmitted by the wireless interface during a scanning phase (note paragraph [0052] of Adler, pairing broadcast message during scanning phase); and
cause the wireless interface to transmit unicast communications to exchange network and security information with the plurality of secondary nodes identified in a scanning phase (note paragraph [0053] of Adler, devices go through pairing operation to exchange security information).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Herzerg, Qi and Struik and the pairing devices to exchange key information of Adler. It would have been obvious because combining prior art elements would yield the predictable results of performing a pairing operation to exchange key information (Adler) where the subsequent session keys are generated based on shared information without another key exchange (Herzerg, Qi, and Adler).
For claim 7, the combination of Herzerg, Qi, Struik and Adler teaches claim 1, wherein new network key derived by the processing circuit enables forward secrecy, backward secrecy (note paragraph [0091] of Adler, ratchet of keys using current key and shared secret provides forward and backward secrecy), and nonce-key pair misuse prevention (note paragraph [0084] of Adler, new session keys prevent nonce misuse).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Herzerg, Qi and Struik and the pairing devices to exchange key information of Adler. It would have been obvious because combining prior art elements would yield the predictable results of performing a pairing operation to exchange key information (Adler) where the subsequent session keys are generated based on shared information without another key exchange (Herzerg, Qi and Adler).
8. Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Herzerg, Qi and Struik as applied to claim 1 above, and further in view of Kadansky et al. (U.S. Patent 6,295,361; hereafter “Kadansky”).
For claim 10, Herzerg teaches a device comprising:
a wireless interface (note paragraph [0041], network components of the controllers include wireless network cards/chip sets) configured to:
exchange data with a primary node during a current secure session (note paragraph [0051]-[0052] and [0090], steps 328, 334 and 338, messages are encoded with the current session key sent to the receiving ECU); and
a processing circuit coupled to the wireless interface and configured to derive a new network key for a subsequent secure session based on the key refreshment counter value (note paragraphs [0050] and [0089], if the message counter, i.e. key refreshment counter, for the current session has exceeded a maximum, a new session key is derived);
decrypt a message received from the primary node using the new network key (note paragraphs [0053]-[0054] and [0098], message is decoded using current session key after new session key has been calculated).
Herzerg differs from the claimed invention in that they fail to teach:
derive a new network key for a subsequent secure session based on a key change bit
Qi teaches:
derive a new network key for a subsequent secure session based on a key refreshment counter value (note paragraph [0016], key generation is triggered by packet number exhaustion, i.e. refreshment counter value) and a key change bit (note paragraph [0033], packets may contain a new key bit to indicate a receiver should change to a new key)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the subsequent session key generation based on counters of Herzerg and the new key bit of Qi. One of ordinary skill would have been motivated to combine Herzerg and Qi because it would provide a simple and convenient method for the sender to notify a recipient that they changed encryption keys.
The combination of Herzerg and Qi differs from the claimed invention in that they fail to explicitly teach:
receive a header from the primary node, wherein the header includes a frame counter,
derive a nonce based on the frame counter value; and
decrypt a message received from the primary node using the nonce.
Struik teaches:
receive a header from the primary node, wherein the header includes a frame counter (note paragraph [0031] and Fig. 5-6, header includes a frame counter), ,
derive a nonce based on the frame counter value (note paragraph [0032], nonce is reconstructed using frame counter); and
decrypt a message received from the primary node using the new network key and the nonce (note paragraph [0033], message is decrypted using key and nonce).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Herzerg and Qi and the nonce of Struik. One of ordinary skill would have been motivated to combine Herzerg, Qi and Struik because it would improve security by increasing variation in encryption with the session key.
The combination of Herzerg, Qi and Struik differs from the claimed invention in that they fail to explicitly teach:
receive a header from the primary node, wherein the header includes a key refreshment counter value, and a key change bit;
Kadansky teaches:
receive a header from the primary node, wherein the header includes a key refreshment counter value, and a key change bit (note Fig. 9 and 10(c) and column 9, line 62 through column 10, line 17, received packets which include a header with key change flag and packet number);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Herzerg, Qi and Struik and the packet headers of Kadansky. One of ordinary skill would have been motivated to combine Herzerg, Qi, Struik and Kadansky because a packet header would provide a convenient method for processing packets for relevant session key information.
For claim 11, the combination of Herzerg, Qi, Struik and Kadansky teaches claim 10, wherein the processing circuit is configured to derive the new network key without interrupting data communications between the primary node and a second secondary node (note Fig. 9-10 and paragraphs [0011], [0029], [0089] and [0097] of Herzerg, derivation of new session keys occurs “independently” by the sending and receiving ECUs to “continually maintain secure channels; i.e. without interrupting data communication; and note paragraphs [0066]-[0069] of Herzerg, ECUs store connection tables with different session keys and counters for each communication; i.e. deriving catch up network keys for one message type communication would not interrupt communications with other message types).
For claim 12, the combination of Herzerg, Qi, Struik and Kadansky teaches claim 10, wherein the processing circuit is configured to derive the new network key based on the key refreshment counter value, the key change bit (note paragraph [0033] of Qi, packets may contain a new key bit to indicate a receiver should change to a new key), and a pre-shared key (note paragraphs [0050] and [0089] of Herzerg, if the message counter, i.e. key refreshment counter, for the current session has exceeded a maximum, a new session key is derived; new key is based on master key, i.e. pre-shared key, and the session counter concatenated with padding).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the subsequent session key generation based on counters of Herzerg and the new key bit of Qi. One of ordinary skill would have been motivated to combine Herzerg and Qi because it would provide a simple and convenient method for the sender to notify a recipient that they changed encryption keys.
For claim 13, the combination of Herzerg, Qi, Struik and Kadansky teaches claim 10, wherein the processing circuit is configured to derive the new network key based on the key refreshment counter value, the key change bit (note paragraph [0033] of Qi, packets may contain a new key bit to indicate a receiver should change to a new key), and a session count (note paragraphs [0050] and [0089] of Herzerg, if the message counter, i.e. key refreshment counter, for the current session has exceeded a maximum, a new session key is derived; new key is based on master key, i.e. pre-shared key, and the session counter concatenated with padding).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the subsequent session key generation based on counters of Herzerg and the new key bit of Qi. One of ordinary skill would have been motivated to combine Herzerg and Qi because it would provide a simple and convenient method for the sender to notify a recipient that they changed encryption keys.
9. Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Herzerg, Qi, Struik and Kadansky as applied to claim 10 above, and further in view of Adler.
For claim 14, the combination of Herzerg, Qi, Struik and Kadansky differs from the claimed invention in that they fail to teach:
wherein the processing circuit is configured to derive catch up network keys until reaching the current network key during one or more secure sessions.
Adler teaches:
wherein the processing circuit is configured to derive catch up network keys until reaching the current network key during one or more secure sessions (note paragraphs [0037] and [0071], the device ratchets the link key, i.e. derives catch up network keys, to reach the current version of the link key).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Herzerg, Qi, Struik and Kadansky and the ratcheting of network keys of Adler. One of ordinary skill would have been motivated to combine Herzerg, Qi, Struik Kadansky and Adler because ratcheting the network key would allow for devices to synchronize the session key in the event that a device lags behind the other device with generating session keys (note paragraphs [0036]-[0037] and [0071] of Adler).
For claim 15, the combination of Herzerg, Qi, Struik Kadansky and Adler teaches claim 14, wherein the processing circuit is configured to derive the catch up network keys (note paragraphs [0037] and [0071] of Adler, network session key is ratcheted for session count between devices) without interrupting data communications between the primary node and a second secondary node (note Fig. 9-10 and paragraphs [0011], [0029], [0089] and [0097] of Herzerg, derivation of new session keys occurs “independently” by sending and receiving ECUs to “continually maintain secure channels; i.e. without interrupting data communication; and note paragraphs [0066]-[0069] of Herzerg, ECUs store connection tables with different session keys and counters for each communication; i.e. deriving catch up network keys for one message type communication would not interrupt communications with other message types).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of Herzerg, Qi, Struik and Kadansky and the ratcheting of network keys of Adler. One of ordinary skill would have been motivated to combine Herzerg, Qi, Struik Kadansky and Adler because ratcheting the network key would allow for devices to synchronize the session key in the event that a device lags behind the other device with generating session keys (note paragraphs [0036]-[0037] and [0071] of Adler).
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sierra et al. (U.S. Patent Application Publication 2020/0336303) discloses generation of nonce values using frame counter (note paragraph [0058]).
Masuda et al. (U.S. Patent Application Publication 2015/0381733) discloses a nonce generated from the frame count value (note paragraph [0060]) where the frame count value is in the header (note Fig. 2).
Lambert et al. (U.S. Patent 9,264,404) discloses a packet number in a header (note Fig. 1) where a nonce is generated based on the packet number (note Fig. 2 description).
11. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PEARSON whose telephone number is (571)272-0711. The examiner can normally be reached 8:30 - 6:00 pm; Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Thiaw can be reached at (571)270-1138. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID J. PEARSON
Primary Examiner
Art Unit 2407
/David J Pearson/Primary Examiner, Art Unit 2407
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