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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The claimed invention as in claim 16 is addressed to “Computer program product containing one or more program instructions that can be executed by the processing unit of a computer, said program instructions being able to be loaded into a memory of said computer and the execution of which by said processing unit causes the implementation of a method according to claim 1" that can be interpreted as referring to lines of programming within a computer system, rather than referring to the program product or medium as a physical object. The claimed invention is also addressed to “computer code/program instruction” or code that is not a hardware system or hardware medium but is a software system or program. Accordingly, the claim becomes nothing more than sets of software instructions which are "software per se".
“Software per se” is non-statutory under 35 USC 101 because it is merely a set instructions without any defined tangible output or tangible result being produced. The requirement for tangible result under 35 USC 101 is defined in State Street Bank & Trust Co. v. Signature Financial Group Inc., 149 F.3d 1368, 47USPQ2d 1596 (Fed. Cir. 1998).
Claim 17 is directed to “Computer-readable storage medium containing the instructions of a computer program product according to claim 16”. However, given the broadest reasonable interpretation, the Computer-readable storage medium may be transitory media, such as carrier signals and waves, which are non-statutory subject matter. The Applicant’s specification does not limit the storage media or the program product to “non-transitory” media. Applicant may overcome this rejection by amending the claim limiting the subject matter to “a non-transitory computer readable storage media.”
Claim Objections
Claim 2-15 objected to because of the following informalities: Claim 2-15 should recite “The method according to claim ….” Appropriate correction is required.
Allowable Subject Matter
Claim 1-15, 18 are allowed based on prior art of record.
The following is an examiner’s statement of reasons for allowance:
The prior art of record Wiegman et al(US 20230222920 A1) teaches a step of generating and publishing general parameters par of said transport method implemented by the first electronic device R([0045]; ) ; a step of generating a pair {sk, pk} of secret and public keys, as well as of publishing said public key produced, said step being implemented by the first electronic device R ([0077]), said pair of secret and public keys {sk, pk} being produced on the basis of said general parameters par and on the basis of a first random data item (SS) produced by a random number generator of said first electronic device R([0077]) ;
Han et al() teaches a certificated quantum cryptography method is provided. The method is performed by a quantum cryptography server connected to a first communication device and a second communication device which perform quantum key distribution. The method includes step of receiving a first quantum public key generated by the first communication device and a second quantum public key generated by the second communication device and registering measurement outcomes of the first and second quantum public keys. When first basis information and second basis information acquired by performing quantum key distribution between the first and second communication devices are signed and exchanged, the method includes the step of receiving a third quantum public key and a fourth quantum public key. Han further discloses a step of encapsulating the secret K in the form of an encrypted C([0062];).
These prior art of record do not teach or fairly describe said transport method being characterized in that said second random data item serves to derive a vector of n integers m[n] and in that the step of encapsulating the secret K in the form of an encrypted C and of transmitting this latter consists of implementing two sums having the same indices m1, ...,mn, the encrypted C consisting of a first sum such as C ← m[n] . v[n]and the secret K consisting of a second sum, called "mirror sum", such as K← m[n] . s[n] said first sum being calculated in a first algebraic structure, said second sum being calculated in a second algebraic structure and the vectors v[n] and s[n] being extracted from the public key pk of said first electronic device R.
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. US 20240123856 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED WALIULLAH whose telephone number is (571)270-7987. The examiner can normally be reached 8.30 to 430 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yin-Chen Shaw can be reached at 1-571-272-8878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED WALIULLAH/Primary Examiner, Art Unit 2498
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