DETAILED ACTION
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Trexler et al. (US 2019/0351694) in view of Rivlin et al. (US 2016/0140570).
In respect to claims 1 and 2, Trexler et al. disclose a cryptographic note comprising: a first transparent substrate 14; a first base layer 16 deposited on the first transparent substrate; a second base layer 16 deposited [indirectly] on the first base layer 16; and a second transparent substrate 14 formed on the second base layer 16 (0035; Fig. 1); the first and second base layers 16 are opaque (metal), and a code is provided therebetween, such as a private key (0039); the cryptographic note is configured to be delaminated to be irreversibly separated to expose the private key, and to cause irreversible damage e.g. separation into distinct layers via release material patterning (0034, 0041).
Trexler et al. do not disclose a public key, viewable through a window in the first base layer, however, Rivlin et al. teach a very similar cryptographic note wherein a private key is hidden by base layers, and the cryptographic note is irreversibly delaminated and destroyed upon opening to view the private key (Abstract). Furthermore, Rivlin et al. teach providing the matching public key on the same surface as the private key, and providing a window in the first base layer (upper opaque layer) (0019; Fig. 1A). It would have been obvious to provide the cryptographic note taught in Trexler et al. with a matching public key viewable through a window in the base layer in view of Rivlin et al. to simplify printing of the private and public keys (0019).
In respect to claims 3 and 4, Trexler et al. disclose holograms (which may be demetallized with opening) (0015).
In respect to claims 5-7, Trexler et al. disclose that the first and second base layer may comprise a metal on both sides of the private key, thus forming “RF blocking layers” (0019).
In respect to claim 8, Trexler et al. in view of Rivlin et al. do not explicitly teach the type of metal layer, e.g. a “precious metal”, however, it would have been obvious to one having ordinary skill in the art at the time the invention was made to *, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Precious metals, e.g. silver/gold are well known vacuum deposited metals.
In respect to claims 9 and 10, Trexler et al. disclose a hologram as stated above, which may be construed as a marking having a “spectral-shifting coating or treatment”.
In respect to claim 11-12 and 14-20, Trexler et al. disclose the claimed invention for the reasons stated above, including printing and providing the public and private key at the same time. Although measures such as “any data not being saved to a network” and “verifying that the public encryption key and private encryption key have been printed” is obvious. The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art, namely, utilizing basic and routine security measures in providing public/private encryption keys.
In respect to claim 13, Rivlin et al. further teach a hologram, and that the hologram may be on the lower layer (second base layer) (0016). Although Rivlin does not disclose a particular size of the opening, only that it is at least large enough to reveal the public key, it would have been obvious to provide the opening to extend beyond the public key. The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art, namely, providing viewing of the hologram on the lower layer (second base layer) in order to reveal the hologram previous to opening of the cryptographic note.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee (US 2024/0146522), Kresse et al. (US 2009/0091457), Lee (US 2023/0121749), Kocher et al. (US 2023/0151551), Gell et al. (GB 2,508,264), and Schultze (DE 20-2014-103081), disclose similar inventions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ROBERT GRABOWSKI whose telephone number is (571)270-3518. The examiner can normally be reached M-F 8am-6pm.
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/KYLE R GRABOWSKI/Primary Examiner, Art Unit 3637