DETAILED ACTION
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 .
The action is responsive to the following communication: an application filed on 09/26/2024 where:
Claims 1-13 are currently pending.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-13 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1-13 of U.S. Patent No. 10,419,641. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims of the instant application are broader than the claims of the U.S. Patent No. 10,419,641.
Regarding independent claims 1, 9, 10, 11 and 13, it is noted that although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1, 9, 10, 11 and 13 of the instant application is broader than the claims 1, 9, 10, 11 and 13 of Pat. No. 10,419,641. Since a device-unique public key is simply a standard Public-key cryptography key that is tied to a specific piece of hardware.
Instant Application 18/898,471 Claim 1
U.S. Patent No. 10,419,641 Claim 1
A method of setting up electrical communications between an imaging device and a-toner cartridge that is physically configured for installation in the imaging device, the imaging device having a controller, such as an ASIC, microprocessor, circuit, or combination thereof and a first chip in communication with each other and the toner cartridge having a second chip configured to electrically communicate therewith, the second chip of the toner cartridge having a memory storing a firmware version identifying a current version of firmware in the second chip and a device certificate identifying the second chip, comprising: configuring the second chip of the toner cartridge to receive one or more requests for the firmware version and the device certificate from the imaging device; and configuring the second chip of the toner cartridge to provide to the imaging device both an unencrypted and encrypted instance of the firmware version and the device certificate, wherein the device certificate includes a public key signed by a global key.
A method of setting up electrical communications between an imaging device and a toner cartridge that is physically configured for installation in the imaging device, the imaging device having a controller, such as an ASIC, microprocessor, circuit, or combination thereof and a first chip in communication with each other and the toner cartridge having a second chip configured to electrically communicate therewith, the second chip of the toner cartridge having a memory storing a firmware version identifying a current version of firmware in the second chip and a device certificate identifying the second chip, comprising: configuring the second chip of the toner cartridge to receive one or more requests for the firmware version and the device certificate from the imaging device; and configuring the second chip of the toner cartridge to provide to the imaging device both an unencrypted and encrypted instance of the firmware version and the device certificate, wherein the device certificate includes a device unique public key signed by a global key.
Instant Application 18/898,471 Claim 2
U.S. Patent No. 10,419,641 Claim 2
The method of claim 1, further including determining whether a match exists or not between the unencrypted instances and decrypted instances of the encrypted instances of the firmware version and the device certificate to allow or not imaging operations of the imaging device.
The method of claim 1, further including determining whether a match exists or not between the unencrypted instances and decrypted instances of the encrypted instances of the firmware version and the device certificate to allow or not imaging operations of the imaging device.
Instant Application 18/898,471 Claim 3
U.S. Patent No. 10,419,641 Claim 3
The method of claim 2, further including providing the encrypted instances of the firmware version and the device certificate after providing the unencrypted instances of the firmware version and the device certificate.
The method of claim 2, further including providing the encrypted instances of the firmware version and the device certificate after providing the unencrypted instances of the firmware version and the device certificate.
Instant Application 18/898,471 Claim 4
U.S. Patent No. 10,419,641 Claim 4
The method of claim 3, further including caching the unencrypted instances of the firmware version and the device certificate.
The method of claim 3, further including caching the unencrypted instances of the firmware version and the device certificate.
Instant Application 18/898,471 Claim 5
U.S. Patent No. 10,419,641 Claim 5
The method of claim 4, further including passing the encrypted instance of the device certificate of the second chip of the toner cartridge from the controller to the first chip of the imaging device.
The method of claim 4, further including passing the encrypted instance of the device certificate of the second chip of the toner cartridge from the controller to the first chip of the imaging device.
Instant Application 18/898,471 Claim 6
U.S. Patent No. 10,419,641 Claim 6
The method of claim 1, further including receiving at the second chip of the toner cartridge a device certificate of the first chip of the imaging device.
The method of claim 1, further including receiving at the second chip of the toner cartridge a device certificate of the first chip of the imaging device.
Instant Application 18/898,471 Claim 7
U.S. Patent No. 10,419,641 Claim 7
The method of claim 1, further including configuring the second chip of the toner cartridge to receive a device certificate of the first chip of the imaging device.
The method of claim 1, further including configuring the second chip of the toner cartridge to receive a device certificate of the first chip of the imaging device.
Instant Application 18/898,471 Claim 8
U.S. Patent No. 10,419,641 Claim 8
The method of claim 7, further including exchanging encryption keys between the first and second chips.
The method of claim 7, further including exchanging encryption keys between the first and second chips.
Instant Application 18/898,471 Claim 9
U.S. Patent No. 10,419,641 Claim 9
A method of setting up electrical communications between an imaging device and a toner cartridge that is physically configured for installation in the imaging device, the imaging device having a controller, such as an ASIC, microprocessor, circuit, or combination thereof and a first chip in communication with each other and the toner cartridge having a second chip configured to electrically communicate therewith, the first chip of the imaging device having a first device certificate identifying the first chip and the second chip of the toner cartridge having a memory storing a firmware version identifying a current version of firmware in the second chip and a second device certificate identifying the second chip, comprising: providing from the second chip of the toner cartridge to the imaging device unencrypted instances of the firmware version and the second device certificate; exchanging said first and second device certificates between the first and second chips to verify trust there between; and thereafter, providing from the second chip of the toner cartridge to the controller of the imaging device an encrypted instance of the firmware version and the second device certificate, wherein the device certificate includes a public key signed by a global key.
A method of setting up electrical communications between an imaging device and a toner cartridge that is physically configured for installation in the imaging device, the imaging device having a controller, such as an ASIC, microprocessor, circuit, or combination thereof and a first chip in communication with each other and the toner cartridge having a second chip configured to electrically communicate therewith, the first chip of the imaging device having a first device certificate identifying the first chip and the second chip of the toner cartridge having a memory storing a firmware version identifying a current version of firmware in the second chip and a second device certificate identifying the second chip, comprising: providing from the second chip of the toner cartridge to the imaging device unencrypted instances of the firmware version and the second device certificate; exchanging said first and second device certificates between the first and second chips to verify trust there between; and thereafter, providing from the second chip of the toner cartridge to the controller of the imaging device an encrypted instance of the firmware version and the second device certificate, wherein the device certificate includes a device unique public key signed by a global key.
Instant Application 18/898,471 Claim 10
U.S. Patent No. 10,419,641 Claim 10
A chip for installation with a toner cartridge having imaging toner to be installed in an imaging device and configured for communication with a controller, such as an ASIC, microprocessor, circuit, or combination thereof of the imaging device on a slave node of an I2C communications bus while the controller is configured on a master node of the I2C communications bus, comprising a memory storing a firmware version and device certificate and one or more keys to provide both an encrypted and unencrypted instance of the firmware version and the device certificate to the imaging device upon installation or receiving requests from the imaging device, wherein the device certificate includes a public key signed by a global key.
A chip for installation with a toner cartridge having imaging toner to be installed in an imaging device and configured for communication with a controller, such as an ASIC, microprocessor, circuit, or combination thereof of the imaging device on a slave node of an I2C communications bus while the controller is configured on a master node of the I2C communications bus, comprising a memory storing a firmware version and device certificate and one or more keys to provide both an encrypted and unencrypted instance of the firmware version and the device certificate to the imaging device upon installation or receiving requests from the imaging device, wherein the device certificate includes a device unique public key signed by a global key.
Instant Application 18/898,471 Claim 11
U.S. Patent No. 10,419,641 Claim 11
In a toner cartridge configured for installation in an imaging device having a controller, a method of tracking lifetime of the toner cartridge, comprising: storing in memory of a chip configured for installation with the toner cartridge a first value representing a firmware version of the chip and a second value representing a device certificate; and configuring the chip to receive from the controller a query for unencrypted and encrypted instances of the firmware version and the device certificate, wherein the device certificate includes a public key signed by a global key.
In a toner cartridge configured for installation in an imaging device having a controller, a method of tracking lifetime of the toner cartridge, comprising: storing in memory of a chip configured for installation with the toner cartridge a first value representing a firmware version of the chip and a second value representing a device certificate; and configuring the chip to receive from the controller a query for unencrypted and encrypted instances of the firmware version and the device certificate, wherein the device certificate includes a device unique public key signed by a global key.
Instant Application 18/898,471 Claim 12
U.S. Patent No. 10,419,641 Claim 12
The method of claim 11, further including providing from the chip to the controller both unencrypted and encrypted instances of the firmware version and the device certificate.
The method of claim 11, further including providing from the chip to the controller both unencrypted and encrypted instances of the firmware version and the device certificate.
Instant Application 18/898,471 Claim 13
U.S. Patent No. 10,419,641 Claim 13
A chip for installation with a toner cartridge having imaging toner to be installed in an imaging device and configured for communication with a controller of the imaging device, comprising a memory storing a firmware version and device certificate and having access to one or more keys to provide both an encrypted and unencrypted instance of the firmware version and the device certificate to the imaging device upon installation or receiving requests from the imaging device, wherein the device certificate includes a public key signed by a global key.
A chip for installation with a toner cartridge having imaging toner to be installed in an imaging device and configured for communication with a controller of the imaging device, comprising a memory storing a firmware version and device certificate and having access to one or more keys to provide both an encrypted and unencrypted instance of the firmware version and the device certificate to the imaging device upon installation or receiving requests from the imaging device, wherein the device certificate includes a device unique public key signed by a global key.
In view of this; it is noted that allowing claims 1-13 of the instant application would result in an unjustified or improper timewise extension of the "right to exclude" granted by a patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW H LAM whose telephone number is (571)270-7969 and fax number is 571-270-8969. The examiner can normally be reached on 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benny Tieu can be reached on 571-272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW H LAM/
Primary Examiner, Art Unit 2682
Prosecution Insights