DETAILED ACTION
This non-final office action is in response to claims 1-20 filed October 22, 2024 for examination. Claims 1-20 are being examined and are pending.
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 .
Information Disclosure Statement
The information disclosure statement filed 10/22/2024 has been placed in the application file and the information referred to therein has been considered as to the merits.
Drawings
The drawings filed on 10/22/2024 have been accepted.
Double Patenting
The non-statutory 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 non-statutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim either is anticipated by, or would have been obvious over, the reference claim. 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 non-statutory double patenting ground provided the reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms, which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used.
eTerminal Disclaimer:
A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission.
For more information about eTerminal Disclaimers, refer to
http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp
Claims 1-20 are rejected on the ground of non-statutory obviousness-type double patenting rejection as being unpatentable over claims 1-20 of US Patent # 12,141, 315 (S/N # 18/159,674) and US Patent # 11,574,073(S/N # 17/446,456).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the referenced US Patent and the instant application are claiming common subject matter, as follows (Since all the claims recited similar limitations, examiner only shows independent claim 1 of instant application and US Patent # 12,141,315 and 11,574,073 as example in the claim comparison table):
Instant Application
US Patent #12,141,315 (App # 18/159,674)
US Patent # 11,574,073 (App # 17/446,456)
1. A computer-implemented method when executed on data processing hardware causes the data processing hardware to perform operations comprising: receiving, from a first user device, encrypted data encrypted locally at the first user device by a customer side key stored on the first user device, the customer side key kept secret from the data processing hardware;
storing, on memory hardware in communication with the data processing hardware, the encrypted data;
receiving, from a second user device, a search query for a keyword in the encrypted data, the search query comprising a cryptographic search value based on a key for the encrypted data and the keyword;
determining a portion of the encrypted data associated with the cryptographic search value; and
providing the determined portion of the encrypted data to the second user device.
1. A computer-implemented method when executed on data processing hardware causes the data processing hardware to perform operations comprising:
receiving, from a first user device, encrypted data encrypted locally at the first user device by a customer side key stored on the first user device, the customer side key kept secret from the data processing hardware;
storing, on memory hardware in communication with the data processing hardware, the encrypted data;
receiving, from a second user device, a request to access the encrypted data stored on the memory hardware, the request comprising a user token;
determining, using the user token, that the second user device is allowed to access the encrypted data; and
in response to determining that the second user device is allowed to access the encrypted data, providing the encrypted data to the second user device.
1. A computer-implemented method when executed on data processing hardware causes the data processing hardware to perform operations comprising:
receiving, from a user device: encrypted data encrypted locally at the user device by a customer side key stored on the user device and kept secret from the data processing hardware; and an access token associated with the encrypted data and the user device, the access token indicating that the user device possesses the customer side key required to decrypt the encrypted data;
storing, on memory hardware in communication with the data processing hardware, the encrypted data and the access token;
receiving, from the user device, a request requesting access to the encrypted data stored on the memory hardware, the request comprising the access token associated with the encrypted data and the user device;
determining whether the access token indicates that the user device possesses the customer side key required to decrypt the encrypted data; and when the access token indicates that the user device possesses the customer side key required to decrypt the encrypted data, sending the encrypted data to the user device.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended or filed terminal disclaimer to overcome the rejection under non-statutory double patenting rejection, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Independent claim 1 recites
receiving, from a first user device, encrypted data encrypted locally at the first user device by a customer side key stored on the first user device, the customer side key kept secret from the data processing hardware;
storing, on memory hardware in communication with the data processing hardware, the encrypted data;
receiving, from a second user device, a search query for a keyword in the encrypted data, the search query comprising a cryptographic search value based on a key for the encrypted data and the keyword;
determining a portion of the encrypted data associated with the cryptographic search value; and
providing the determined portion of the encrypted data to the second user device.
Other independent claim 11 recites similar limitations. The prior arts cited on the 892 and/or 1449 forms (IDS) do not fairly teach or suggest the claimed limitations, nor do they render the claimed invention obvious. Dependent claims 2-10 and 12-20 would also be allowable based on their dependency to allowable independent claims.
Conclusion
The prior arts made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20100208889 A1 (Humphrey et al.): A secure storage system secures information of a client by first encrypting the information with a first key to generate first-key encrypted data. The secure storage system then encrypts with a second key the first-key encrypted data and the first key to generate second-key encrypted data. The system provides the client with a first portion of the second-key encrypted data. The system stores a second portion of the second-key encrypted data and the second key. When the confidential information is needed, the client provides the first portion. The system retrieves the second portion. The system then decrypts with the second key the first portion and the second portion to generate the first-key encrypted data and the first key. The system then decrypts with the first key the first-key encrypted data to generate the unsecure confidential information. Abstract.
US 20150310431 A1 (Lakshmanan et al.): 0073] An option can be provided for allowing a first user, using a first user device, to request for a second user, using a second user device, to facilitate a transaction. For example, a parent may want to allow a child to pay using the parent's card. In one embodiment, a first user (e.g., a child) initiates a payment by scanning a QR code or other means to obtain a transaction ID. The transaction ID is then routed to the device of the second user (e.g., the child's parent). In some embodiments, the first user can optionally include a message to further describe the transaction. The second user can authorize the transaction and provide a transaction authorization message and encrypted card information, as described elsewhere, which will allow the secure payment system 101 to process the transaction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWNCHOY RAHMAN whose telephone number is (571)270-7471. The examiner can normally be reached on Monday - Friday 8:30A-5P ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taghi T Arani can be reached on 5712723787. 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.
/Shawnchoy Rahman/Primary Examiner, Art Unit 2438
.