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 1-20 are 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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1, 3-11 and 13-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-11 and 13-20 of U.S. Patent No. 12149633 (hereinafter ‘633).
Although the claims at issue are not identical, they are not patentably distinct from each other because each of the specifically enumerated instant claims in following table is anticipated by a correspondingly mapped ‘633 claim.
Instant claims
‘633 claims
1. A computer-implemented method when executed by data processing hardware causes the data processing hardware to perform operations comprising:
obtaining, at a message server, a message for a user of a message service hosted by the message server, the message comprising a header, the header comprising:
a digital signature signed by an author of the message; and
a list of one or more recipients of the message;
determining that the digital signature by the author is valid;
determining, using the list of one or more recipients, that the user is not a declared recipient of the message; and
based on determining that the user is not the declared recipient of the message, indicating the message is unauthentic.
3. The method of claim 1, wherein indicating the message is unauthentic comprises generating a notification indicating the message may be a replay attack.
4. The method of claim 1, wherein the operations further comprise: receiving, from a user device of the user, a second message for transmission to a first recipient and a second recipient, the first recipient comprising a non-private recipient and the second recipient comprising a private recipient; generating a first header comprising the first recipient; generating a second header comprising the second recipient; digitally signing the first header with the digital signature associated with the user; digitally signing the second header with the digital signature associated with the user; transmitting the first header and the message to a second message server associated with the first recipient; and transmitting the second header and the message to a third message server associated with the second recipient.
5. The method of claim 1, wherein: the header further comprises a second header, the second header: digitally signed by a subsequent distributor of the message; and comprising a list of one or more subsequent recipients of the message; and determining that the user is not the declared recipient of the message comprises determining that the list of one or more subsequent recipients does not include the user.
6. The method of claim 5, wherein the second header further comprises an increment indicating a number of times the message has been forwarded.
7. The method of claim 1, wherein indicating the message is unauthentic comprises designating the message as spam.
8. The method of claim 1, wherein the operations further comprises transmitting a challenge request to a sender of the message, the challenge request challenging the sender to prove the sender digitally signed the digital signature.
9. The method of claim 8, wherein the challenge request requests the sender to transmit a challenge response comprising a second digital signature signed using an encryption key used to sign the digital signature.
10. The method of claim 9, wherein the operations further comprise: receiving, from the sender of the message, the challenge response; and verifying that the sender of the message is the author of the message.
11. A system comprising: data processing hardware; and memory hardware in communication with the data processing hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations comprising:
obtaining, at a message server, a message for a user of a message service hosted by the message server, the message comprising a header, the header comprising: a digital signature signed by an author of the message; and a list of one or more recipients of the message;
determining that the digital signature by the author is valid;
determining, using the list of one or more recipients, that the user is not a declared recipient of the message; and
based on determining that the user is not the declared recipient of the message, indicating the message is unauthentic.
13. The system of claim 11, wherein indicating the message is unauthentic comprises generating a notification indicating the message may be a replay attack.
14. The system of claim 11, wherein the operations further comprise: receiving, from a user device of the user, a second message for transmission to a first recipient and a second recipient, the first recipient comprising a non-private recipient and the second recipient comprising a private recipient; generating a first header comprising the first recipient; generating a second header comprising the second recipient; digitally signing the first header with the digital signature associated with the user; digitally signing the second header with the digital signature associated with the user; transmitting the first header and the message to a second message server associated with the first recipient; and transmitting the second header and the message to a third message server associated with the second recipient.
15. The system of claim 11, wherein: the header further comprises a second header, the second header: digitally signed by a subsequent distributor of the message; and comprising a list of one or more subsequent recipients of the message; and determining that the user is not the declared recipient of the message comprises determining that the list of one or more subsequent recipients does not include the user.
16. The system of claim 15, wherein the second header further comprises an increment indicating a number of times the message has been forwarded.
17. The system of claim 11, wherein indicating the message is unauthentic comprises designating the message as spam.
18. The system of claim 11, wherein the operations further comprises transmitting a challenge request to a sender of the message, the challenge request challenging the sender to prove the sender digitally signed the digital signature.
19. The system of claim 18, wherein the challenge request requests the sender to transmit a challenge response comprising a second digital signature signed using an encryption key used to sign the digital signature.
20. The system of claim 19, wherein the operations further comprise: receiving, from the sender of the message, the challenge response; and verifying that the sender of the message is the author of the message.
1. A computer-implemented method when executed by data processing hardware causes the data processing hardware to perform operations comprising:
obtaining, at a message server, a message for a user of a message service hosted by the message server, the message comprising a header, the header comprising:
a digital signature signed by an author of the message; and
a list of one or more recipients of the message;
determining whether the digital signature by the author is valid;
determining, using the list of one or more recipients, whether the user is a declared recipient of the message;
when the digital signature by the author is valid and the user is the declared recipient of the message, indicating the message is authentic; and
when the digital signature by the author is valid and the user is not the declared recipient of the message, indicating the message is unauthentic.
3. The method of claim 1, wherein indicating the message is unauthentic comprises generating a notification indicating the message may be a replay attack.
4. The method of claim 1, wherein the operations further comprise: receiving, from a user device of the user, a second message for transmission to a first recipient and a second recipient, the first recipient a non-private recipient and the second recipient a private recipient; generating a first header comprising the first recipient; generating a second header comprising the second recipient; digitally signing the first header with the digital signature associated with the user; digitally signing the second header with the digital signature associated with the user; transmitting the first header and the message to a second message server associated with the first recipient; and transmitting the second header and the message to a third message server associated with the second recipient.
5. The method of claim 1, wherein: the header further comprises a second header, the second header: digitally signed by a subsequent distributor of the message; and comprising a list of one or more subsequent recipients of the message; and determining whether the user is the declared recipient of the message comprises determining whether the list of one or more subsequent recipients includes the user.
6. The method of claim 5, wherein the second header further comprises an increment indicating a number of times the message has been forwarded.
7. The method of claim 1, wherein indicating the message is unauthentic comprises designating the message as spam.
8. The method of claim 1, wherein the operations further comprises transmitting a challenge request to a sender of the message, the challenge request challenging the sender to prove the sender digitally signed the digital signature.
9. The method of claim 8, wherein the challenge request requests the sender to transmit a challenge response comprising a second digital signature signed using an encryption key used to sign the digital signature.
10. The method of claim 9, wherein the operations further comprise: receiving, from the sender of the message, the challenge response; and verifying that the sender of the message is the author of the message.
11. A system comprising: data processing hardware; and memory hardware in communication with the data processing hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations comprising:
obtaining, at a message server, a message for a user of a message service hosted by the message server, the message comprising a header, the header comprising: a digital signature signed by an author of the message; and a list of one or more recipients of the message;
determining whether the digital signature by the author is valid;
determining, using the list of one or more recipients, whether the user is a declared recipient of the message;
when the digital signature by the author is valid and the user is the declared recipient of the message, indicating the message is authentic; and
when the digital signature by the author is valid and the user is not the declared recipient of the message, indicating the message is unauthentic.
13. The system of claim 11, wherein indicating the message is unauthentic comprises a notification indicating the message may be a replay attack.
14. The system of claim 11, wherein the operations further comprise: receiving, from a user device of the user, a second message for transmission to a first recipient and a second recipient, the first recipient a non-private recipient and the second recipient a private recipient; generating a first header comprising the first recipient; generating a second header comprising the second recipient; digitally signing the first header with the digital signature associated with the user; digitally signing the second header with the digital signature associated with the user; transmitting the first header and the message to a second message server associated with the first recipient; and transmitting the second header and the message to a third message server associated with the second recipient.
15. The system of claim 11, wherein: the header further comprises a second header, the second header: digitally signed by a subsequent distributor of the message; and comprising a list of one or more subsequent recipients of the message; and determining whether the user is the declared recipient of the message comprises determining whether the list of one or more subsequent recipients includes the user.
16. The system of claim 15, wherein the second header further comprises an increment indicating a number of times the message has been forwarded.
17. The system of claim 11, wherein indicating the message is unauthentic comprises designating the message as spam.
18. The system of claim 11, wherein the operations further comprises transmitting a challenge request to a sender of the message, the challenge request challenging the sender to prove the sender digitally signed the digital signature.
19. The system of claim 18, wherein the challenge request requests the sender to transmit a challenge response comprising a second digital signature signed using an encryption key used to sign the digital signature.
20. The system of claim 19, wherein the operations further comprise: receiving, from the sender of the message, the challenge response; and verifying that the sender of the message is the author of the message.
Allowable Subject Matter
Claims 2 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Duncan (USP 10904012): “The method may proceed with digitally securing the message by generating a first digital signature for the message. The first digital signature may be added to a list of digital signatures for inclusion in the message.” (abstract)
Goldstein (US 20200137081): Email digital signature headers disclosed (par. 0041, 0043)
Griffin (USP 10742420): Email signature authentication methods (abstract)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAYTON R WILLIAMS whose telephone number is (571)270-3801. The examiner can normally be reached M-F 10:00am - 6:00pm.
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/CLAYTON R WILLIAMS/Primary Examiner, Art Unit 2443