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
Claims 1-24 are currently pending.
Priority
This application claims foreign priority to Chinese Application No. 202310997096.2, filed August 9, 2023.
Claim Objections
Claims 2, 3, 7, 9, 14, 17 and 22 are objected to because of the following informalities:
Claim 2 recites “configured to make it possible to specifically determine” on line 3. Examiner suggest amending the limitation to “configured to
Claim 3 recites “wherein selecting depends” on line 3. Examiner suggest amending the limitation to “wherein the selecting depends”, or similar wording.
Claim 7 recites “the Rijndael type” on line 2. Examiner suggest amending the limitation to “[[the]] Rijndael type”. Claims 14, 17 and 22 recite similar feature and is objected for similar reason.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1, 8, 15 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pan et al. (WO 2022116944 A1 and Pan hereinafter).
Regarding claim 1, Pan teaches a method of communication between a transmitter and a receiver (Figure 4 and Page 9 Paragraph 03; a scrambling method can be applied to the transmitting terminal 1 and the receiving terminal 2), comprising:
performing a secret negotiation phase between the transmitter and the receiver (Page 2 Background technique; scrambling not only improve the transmission characteristics of the signal, it also improve the confidentiality of communication data) to specifically determine a scrambling polynomial (Figure 4 and Page 3 Paragraph 03; the sending terminal 1 confirming the scrambling code polynomial according to the data transmission parameter by obtaining the data transmission rate of the sending terminal, and according to the data transmission rate and the first configuration relationship determines a scrambling code polynomial corresponding to the transmission rate) and an initialization value for at least one transmission between the transmitter and the receiver (Figure 4 and Page 4 Paragraph 04; the sending terminal 1 obtains a scrambling code seed from the data transmission parameter; and pre-scrambles the scrambling code seed as an initial value of the scrambling circuit); and
then engaging in at least one transmission of scrambled data (Figure 4 and Page 12 Paragraph 10; the sending terminal 1 sends the scrambled data sequence to the receiving terminal 2) with a pseudo-random sequence (Page 7 last paragraph – page 8 first two paragraphs; data scrambling is to perform XOR operation on the original data sequence and the scrambling code generated by the scrambling circuit (scrambler) to generate a pseudo-random sequence (scrambled data sequence) with white noise characteristics, so that the scrambled pseudo-random sequence is obtained) generated by the scrambling polynomial (Figure 4 and Page 10 Paragraph 04; the transmitting terminal 1 switches the scrambling circuit 11 of the transmitting terminal 1 according to the scrambling code polynomial, so that the scrambling circuit 11 has a circuit structure corresponding to the scrambling code polynomial) and the initialization value (Page 4 Paragraph 04 and Page 12 Paragraph 09; the sending terminal obtains a scrambling code seed from the data transmission parameter; and pre-scrambles the scrambling code seed as an initial value of the scrambling circuit).
Regarding claim 8, claim 8 recites similar features as claim 1, therefore is rejected for at least the same reason as discussed above regarding claim 1. Further, Pan teaches a system (Figure 4 and Page 9 Paragraph 03; a scrambling method can be applied to the transmitting terminal 1 and the receiving terminal 2), comprising: a transmitter (Figure 4 and Page 9 Paragraph 03; the transmitting terminal 1); and a receiver (Figure 4 and Page 9 Paragraph 03; the receiving terminal 2).
Regarding claim 15, claim 15 recites similar features as claim 1, therefore is rejected for at least the same reason as discussed above regarding claim 1. Further, Pan teaches a transmitter device (Figure 4 and Page 9 Paragraph 03; the transmitting terminal 1), configured to implement a communication, with a receiver (Figure 4 and Page 9 Paragraph 03; a scrambling method can be applied to the transmitting terminal 1 and the receiving terminal 2).
Regarding claim 20, claim 20 recites similar features as claim 1, therefore is rejected for at least the same reason as discussed above regarding claim 1. Further, Pan teaches a receiver device (Figure 4 and Page 9 Paragraph 03; the receiving terminal 1), configured to implement a communication, with a transmitter (Figure 4 and Page 9 Paragraph 03; a scrambling method can be applied to the transmitting terminal 1 and the receiving terminal 2).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 2-7, 9-14, 16-19 and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Pan, as applied to the claims above, further in view of Carbonera et al. (IT UB20154062 A1 and Carbonera hereinafter).
Regarding claim 2, Pan teaches all of the limitations of claim 1, as described above. Further, Pan teaches wherein performing the secret negotiation phase comprises exchanging information between the transmitter and the receiver (Figure 4 and Page 9 last two paragraphs; the sending terminal 1 and the receiving terminal 2 negotiate data transmission parameters, wherein the sending terminal 1 and the receiving terminal 2 are in a connected state), said information configured to make it possible to specifically determine the scrambling polynomial (Figure 4 and Page 3 Paragraph 03; the sending terminal 1 confirming the scrambling code polynomial according to the data transmission parameter by obtaining the data transmission rate of the sending terminal, and according to the data transmission rate and the first configuration relationship determines a scrambling code polynomial corresponding to the transmission rate) and the initialization value by the transmitter and by the receiver (Figure 4 and Page 4 Paragraph 04; the sending terminal 1 obtains a scrambling code seed from the data transmission parameter; and pre-scrambles the scrambling code seed as an initial value of the scrambling circuit).
Pan does not explicitly teach exchanging encrypted information. In an analogous art, Carbonera teaches exchanging encrypted information (Page 5; the scrambling step utilizes the Diffìe-Hellmann algorithm for generating the secret scrambling key; data and command exchange file are scrambled on the basis of an encryption process generated from at least one scrambling key shared between said computer and said peripheral device. Page 7; the scrambling key is exchanged, for each new data transfer, with the Diffie-Hellman algorithm). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Pan and Carbonera because it would prevent possibility of interception thus ensure secure data communication (Carbonera, Page 4).
Regarding claim 3, the combination of Pan and Carbonera teaches all of the limitations of claim 2, as described above. Further, Pan teaches determining the scrambling polynomial by selecting from a finite set of scrambling polynomials available to the transmitter and to the receiver, wherein selecting depends on conditions contained in said information (Figure 4 and Page 3 Paragraph 03; the sending terminal 1 confirming the scrambling code polynomial according to the data transmission parameter by obtaining the data transmission rate of the sending terminal, and according to the data transmission rate and the first configuration relationship determines a scrambling code polynomial corresponding to the transmission rate).
In addition, Carbonera teaches said encrypted information (Page 5; the scrambling step utilizes the Diffìe-Hellmann algorithm for generating the secret scrambling key; data and command exchange file are scrambled on the basis of an encryption process generated from at least one scrambling key shared between said computer and said peripheral device. Page 7; the scrambling key is exchanged, for each new data transfer, with the Diffie-Hellman algorithm). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Pan and Carbonera because it would prevent possibility of interception thus ensure secure data communication (Carbonera, Page 4).
Regarding claim 4, the combination of Pan and Carbonera teaches all of the limitations of claim 2, as described above. Further, Pan teaches containing the initialization value directly in said information (Page 12 Paragraph 09; the data transmission parameter includes a scrambling code seed, and the transmitting terminal 1 and the receiving terminal 2 obtain the scrambling code seed from the data transmission parameter).
In addition, Carbonera teaches said encrypted information (Page 5; the scrambling step utilizes the Diffìe-Hellmann algorithm for generating the secret scrambling key; data and command exchange file are scrambled on the basis of an encryption process generated from at least one scrambling key shared between said computer and said peripheral device. Page 7; the scrambling key is exchanged, for each new data transfer, with the Diffie-Hellman algorithm). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Pan and Carbonera because it would prevent possibility of interception thus ensure secure data communication (Carbonera, Page 4).
Regarding claim 5, the combination of Pan and Carbonera teaches all of the limitations of claim 2, as described above. Further, Pan teaches containing the initialization value indirectly in said information (Page 4 Paragraph 04; the sending terminal obtains a scrambling code seed from the data transmission parameter. Page 12 Paragraph 09; the scrambling seed may be stored in the register of the sending terminal 1, and the sending terminal 1 obtains the scramble code seed from the register storing the scrambling code seed. Page 15 Paragraph 02; the first configuration relationship includes a data transmission rate, a scrambling code polynomial, a parallel bit width, and a configuration rule among scrambling code seeds).
In addition, Carbonera teaches said encrypted information (Page 5; the scrambling step utilizes the Diffìe-Hellmann algorithm for generating the secret scrambling key; data and command exchange file are scrambled on the basis of an encryption process generated from at least one scrambling key shared between said computer and said peripheral device. Page 7; the scrambling key is exchanged, for each new data transfer, with the Diffie-Hellman algorithm). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Pan and Carbonera because it would prevent possibility of interception thus ensure secure data communication (Carbonera, Page 4).
Regarding claim 6, Pan teaches all of the limitations of claim 1, as described above. Further, Pan teaches performing the secret negotiation phase (Page 2 Background technique; scrambling not only improve the transmission characteristics of the signal, it also improve the confidentiality of communication data); and determining the scrambling polynomial (Figure 4 and Page 3 Paragraph 03; the sending terminal 1 confirming the scrambling code polynomial according to the data transmission parameter by obtaining the data transmission rate of the sending terminal, and according to the data transmission rate and the first configuration relationship determines a scrambling code polynomial corresponding to the transmission rate) and the initialization value (Figure 4 and Page 4 Paragraph 04; the sending terminal 1 obtains a scrambling code seed from the data transmission parameter; and pre-scrambles the scrambling code seed as an initial value of the scrambling circuit) by the transmitter (Page 3 Paragraph 03; the sending terminal 1 confirming the scrambling code polynomial according to the data transmission parameter. Page 4 Paragraph 04; the sending terminal obtains a scrambling code seed from the data transmission parameter) and by the receiver (Page 12 Paragraph 09; after acquiring the scrambling code seed, the transmitting terminal 1 also sends the scrambling code seed to the receiving terminal 2 , so that the scrambling code seed is used as the initial value of the descrambling circuit 21 of the receiving terminal 2 . In other embodiments, the data transmission parameter includes a scrambling code seed, and the transmitting terminal 1 and the receiving terminal 2 obtain the scrambling code seed from the data transmission parameter. Page 19 Paragraph 04; the data transmission parameter includes a scrambling code polynomial, and the receiving terminal 2 obtains the scrambling code polynomial from the data transmission parameter) using the information (Page 3 Paragraph 03; the sending terminal 1 confirming the scrambling code polynomial according to the data transmission parameter. Page 4 Paragraph 04; the sending terminal obtains a scrambling code seed from the data transmission parameter).
Pan does not explicitly teach engaging in a Diffie-Hellmann key exchange so as to develop a shared secret. In an analogous art, Carbonera teaches engaging in a Diffie-Hellmann key exchange so as to develop a shared secret (Page 5; the scrambling step utilizes the Diffìe-Hellmann algorithm for generating the secret scrambling key; data and command exchange file are scrambled on the basis of an encryption process generated from at least one scrambling key shared between said computer and said peripheral device. Page 7; the scrambling key is exchanged, for each new data transfer, with the Diffie-Hellman algorithm). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Pan and Carbonera because it would prevent possibility of interception thus ensure secure data communication (Carbonera, Page 4).
Regarding claim 7, Pan teaches all of the limitations of claim 1, as described above. Further, Pan teaches performing the secret negotiation phase (Page 2 Background technique; scrambling not only improve the transmission characteristics of the signal, it also improve the confidentiality of communication data) comprises transmitting an communication containing the determination of the scrambling polynomial and the initialization value (Page 12 Paragraph 09; after acquiring the scrambling code seed, the transmitting terminal 1 also sends the scrambling code seed to the receiving terminal 2 , so that the scrambling code seed is used as the initial value of the descrambling circuit 21 of the receiving terminal 2 . In other embodiments, the data transmission parameter includes a scrambling code seed, and the transmitting terminal 1 and the receiving terminal 2 obtain the scrambling code seed from the data transmission parameter).
Pan does not explicitly teach transmitting an encrypted communication of the Rijndael type. In an analogous art, Carbonera teaches transmitting an encrypted communication of the Rijndael type (Page 8; the possible symmetric encryption key K1 used to encrypt the data (with DES, 3DES, AES [interpreted as Rijndael] or similar algorithm)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Pan and Carbonera because it would prevent possibility of interception thus ensure secure data communication (Carbonera, Page 4).
Regarding claim 9, claim 9 recites similar features as claim 2, therefore is rejected for at least the same reason as discussed above regarding claim 2.
Regarding claim 10, claim 10 recites similar features as claim 3, therefore is rejected for at least the same reason as discussed above regarding claim 3.
Regarding claim 11, claim 11 recites similar features as claim 4, therefore is rejected for at least the same reason as discussed above regarding claim 4.
Regarding claim 12, claim 12 recites similar features as claim 5, therefore is rejected for at least the same reason as discussed above regarding claim 5.
Regarding claim 13, claim 13 recites similar features as claim 6, therefore is rejected for at least the same reason as discussed above regarding claim 6.
Regarding claim 14, claim 14 recites similar features as claim 7, therefore is rejected for at least the same reason as discussed above regarding claim 7.
Regarding claim 16, Pan teaches all of the limitations of claim 1, as described above. Further, Pan teaches selection of the scrambling polynomial and the initialization value by the transmitter device (Figure 4 and Page 3 Paragraph 03; the sending terminal 1 confirming the scrambling code polynomial according to the data transmission parameter by obtaining the data transmission rate of the sending terminal, and according to the data transmission rate and the first configuration relationship determines a scrambling code polynomial corresponding to the transmission rate); the scrambling polynomial and the initialization value in an communication (Figure 4 and Page 12 Paragraph 10; the sending terminal 1 sends the scrambled data sequence to the receiving terminal 2); and sending of the encrypted communication to the receiver (Figure 4 and Page 12 Paragraph 10; the sending terminal 1 sends the scrambled data sequence to the receiving terminal 2), where the receiver can determine the scrambling polynomial and the initialization value from the communication (Page 12 Paragraph 03; the receiving terminal 2 determines whether to agree with the data transmission parameters. Page 12 Paragraph 08 and 09; the receiving 2 stores the data transmission parameters and sends confirmation code stream to the transmitting terminal 1. After acquiring the scrambling code seed, the transmitting terminal 1 also sends the scrambling code seed to the receiving terminal 2. Pages 15 and 19; the receiving terminal 2 also using the scrambling code seed as initial value of the descrambling circuit to pre-descramble. Page 19; receiving terminal 2 performs adaptive switching on the descrambling circuit 21 according to the data transmission parameters sent by the sending terminal 1, and performs descrambling according to the switched descrambling circuit 21).
Pan does not explicitly teach encryption of information in an encrypted communication; and decryption of the encrypted communication. In an analogous art, Carbonera teaches encryption of information in an encrypted communication; and decryption of the encrypted communication (Page 8; the possible symmetric encryption key K1 used to encrypt the data (with DES, 3DES, AES [interpreted as Rijndael] or similar algorithm)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Pan and Carbonera because it would prevent possibility of interception thus ensure secure data communication (Carbonera, Page 4).
Regarding claim 17, claim 17 recites similar features as claim 7, therefore is rejected for at least the same reason as discussed above regarding claim 7.
Regarding claim 18, claim 18 recites similar features as claim 6, therefore is rejected for at least the same reason as discussed above regarding claim 6.
Regarding claim 19, claim 19 recites similar features as claim 6, therefore is rejected for at least the same reason as discussed above regarding claim 6.
Regarding claim 21, claim 21 recites similar features as claim 16, therefore is rejected for at least the same reason as discussed above regarding claim 16.
Regarding claim 22, claim 22 recites similar features as claim 7, therefore is rejected for at least the same reason as discussed above regarding claim 7.
Regarding claim 23, claim 23 recites similar features as claim 6, therefore is rejected for at least the same reason as discussed above regarding claim 6.
Regarding claim 24, claim 24 recites similar features as claim 6, therefore is rejected for at least the same reason as discussed above regarding claim 6.
Pertinent but not Cited References
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gan et al. (WO 2017005049 A1) discloses scrambling data to be transmitted and obtaining scrambled data; and sending the scrambled data to a receiving end device, wherein scrambler initialization bits for descrambling the scrambled data are bits collectively agreed by a sending end device and the receiving end device, and the scrambler initialization bits are in an MAC protocol data unit (MPDU) separator of the data to be transmitted.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jing Gao whose telephone number is (571)270-7226. The examiner can normally be reached on 9am - 6pm M-F.
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/Jing Gao/
Primary Examiner, Art Unit 2647