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 .
Priority
This Application, filed on 11/20/2024 is CON of US Appl. No: 18/374,866 (now USP 12192363 B2); which is CON of US Appl. No: 17/491,771 (now USP 11811932 B2).
Claims 1-20 are presented for examination.
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 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 non-statutory 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).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 15 & 20 and their dependent claims, at least based on their dependence, are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 13 & 20; and 1, 14 & 20 of U.S. Patent Nos. 11811932 B2 and 12192363 B2, respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because all features claimed in the instant applications are found in the patents; i.e., the instant application claims are broader versions of the patented (parent) claims.
Please see Claim-Comparison Table (of independent claim 1):
Instant Application
U.S.P 11811932 B2
U.S.P. 12192363 B2
A computing platform, comprising: at least one processor; a communication interface communicatively coupled to the at least one processor; and memory storing computer-readable instructions that, when executed by the at least one processor, cause the computing platform to:
generate a public key and a private key;
compute a cryptographic hash of a short message service (SMS) message using the private key; and
embed the cryptographic hash in a short message peer-to-peer (SMPP) field of the SMS message, wherein embedding the cryptographic hash in the SMS message configures the SMS message for validation using the cryptographic hash and the public key.
A computing platform, comprising: at least one processor; a communication interface communicatively coupled to the at least one processor; and memory storing computer-readable instructions that, when executed by the at least one processor, cause the computing platform to:
generate a cryptographic key pair comprising a public key and a private key;
publish, to a server, the public key;
generate a short message service (SMS) message;
sign, using the private key, the SMS message, wherein signing the SMS message comprises computing a cryptographic hash of the SMS message using the private key and embedding the cryptographic hash in a short message peer-to-peer (SMPP) field of the SMS message; and
send, to a downstream computing system, the signed SMS message, wherein the downstream computing system is configured to validate the signed SMS message using the cryptographic hash embedded in the SMPP field of the SMS message and by accessing the public key from an internet Domain Name Service (DNS) server of a domain indicated by the computing platform.
A computing platform, comprising: at least one processor; a communication interface communicatively coupled to the at least one processor; and memory storing computer-readable instructions that, when executed by the at least one processor, cause the computing platform to:
generate a cryptographic key pair comprising a public key and a private key;
publish, to a server, the public key; generate a short message service (SMS) message; and
sign, using the private key, the SMS message, wherein signing the SMS message comprises computing a cryptographic hash of the SMS message using the private key and embedding the cryptographic hash in a short message peer-to-peer (SMPP) field of the SMS message, and
wherein signing the SMS message further configures the SMS message for validation using the cryptographic hash and the public key.
Allowable Subject Matter
Claims 1-20 will be allowed when the above non-statutory double patenting rejection are overcome (i.e., by filing terminal disclaimer).
The following is an examiner’s statement of reasons for allowance: Regarding Claims 1, 15 & 20, With examiner’s thorough search the closest prior arts found are Mardikar (US 8543091 B1) and Lee (US 9426654 B2); wherein Mardikar is directed to systems and methods for secure Short Message Service (SMS) communications. According to an embodiment, a method of providing secure Short Message Service (SMS) communications comprises requesting that SMS data to be sent from a client device to a remote location be encrypted. The method also comprises encrypting the SMS data by processing the SMS data with a Message Authentication Code (MAC) and a timestamp and/or counter along with second factor authentication information. The method further comprises sending the encrypted SMS data to the remote location by a secure SMS application via a regular SMS channel of the client device; and
Lee is directed to method for forming a trust relationship among an MNO, an SM, and an eUICC in a communication system in which the SM is defined as an entity for managing the eUICC, as well as to an embedded UICC therefor.
However, neither Mardikar et al. nor Lee, either alone or in combination teach or suggest a system that embed cryptographic hash in a short message peer-to-peer (SMPP) field of SMS message, wherein embedding the cryptographic hash in the SMS message configures the SMS message for validation using the cryptographic hash and public key with these and other claim elements as a whole.
Claims 2-14, 16-19 are indicated as allowable based on their dependence.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (See PTO—892).
For example, US 8281120 B2 is directed to Sending Signed E-mail Messages From A Device.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMARE F TABOR whose telephone number is (571) 270-3155. The examiner can normally be reached Mon.—Fri.: 8:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALI SHAYANFAR can be reached at (571) 270-1050. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMARE F TABOR/Primary Examiner, Art Unit 2434