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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/17/2025 and 04/06/2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Examiner Comments
Claim 5 is directed towards “a first communication device and a second communication device” and has been analyzed for 35 USC 112(b). The claim comprises “…a first communication device for transmitting a first information sequence …randomly modulating a second communication device…the second communication for generating a second information sequence…”, respectively. No 35 USC 112(b) deemed necessary since specification states: “To accomplish the above object, according to one aspect of the present invention, there is provided a quantum cryptography communication method performed between at least one first communication device and at least one second communication device by at least one processor…” (para 26).
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.
Claim(s) 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Djordjevic 20220014362 A1.
Regarding currently amended claim 1 and 4, Djordjevic teaches a quantum cryptography communication method performed between at least one first communication device and at least one second communication device by at least one processor, the method comprising [Djordjevic 20220014362 A1 ¶¶0011-0013 0015 Fig. 1 illustrates a joint quantum key distribution (QKD)-post-quantum cryptography (PQC) system 100. Alice 106 (also referred to herein as a “first transceiver system 106”) generally includes first quantum transmitter circuitry 110 and first public channel circuitry 112. Bob 108 (also referred to herein as a “second transceiver system 108” generally includes second quantum transmitter circuitry 138 and second public channel circuitry 136. ]:
a quantum communication step of generating a second information sequence based on a first information sequence by the second communication device, when the first communication device transmits the first information sequence generated by randomly modulating by a phase or polarization of photons to the second communication device [Djordjevic ¶¶0012-0013 0015 0017 quantum key distribution (QKD) operations of the circuitry (a quantum communication step of generating) within the quantum domain 102 to generate a raw key are described below; random number generator circuitry 118, 144 choose random phases ØA∈[0, 2π] and ØB∈[0, 2π] with corresponding phase modulators (polar modulator circuitry 116, 142). Stabilized continuous wave (CW) lasers 114, 140 (low linewidth) are simultaneously used by Alice 106 and Bob 108 to generate global phase stabilized optical pulses.]; and
a post-processing step of adjusting the first information sequence and the second information sequence to be identical using parity information in an error correction mode selected based on a predetermined criterion [Djordjevic ¶0017 Alice (Bob) then randomly selects whether to use Z-basis or X-basis. When Z-basis is selected, the phase-randomized coherent state is sent with intensity either μ or 0. When X-basis encoding is selected, Alice and Bob employ corresponding phase and amplitude modulators to randomly select 0 (π/2) and πC (3π/2) representing logic bits 0 and 1, and such phase-encoded pulses are sent with randomly selected intensities. ¶¶0021-0022 Alice and Bob then perform information reconciliation (an error correction mode), also known as error correction, based on post-quantum cryptography (PQC). Bob 108 holds the “true” sifted key which is then reconciled (error corrected) with Alice 106. The QKD domain 102 is used to generate and transmit the raw key, as described above. With the raw key, the key sifting circuitry 150 generates a sifted key (x) represented those X-Basis and Z-Basis (a predetermined criterion) measurement parameters where Bob and Alice measurement bases agree. By performing the comparison on predetermined positions for X-basis bits, Alice and Bob estimate the quantum bit-error rate (QBER)], wherein
the error correction mode is one among a first error correction mode in which when the first communication device encodes and transmits first parity information to the second communication device, the second communication device decodes the encoded first parity information to adjust the second information sequence to be identical to the first information sequence [Djordjevic ¶¶0010 and 0013 methods to limit information revealed during error reconciliation phase by transmitting parity bits (first parity information) after encrypting the parity bits using post-quantum cryptography (PQC) algorithms. First information reconciliation circuitry 126 also includes low-density parity check (LDPC) (a first error correction mode) decoding circuitry 128 generally configured to perform forward error correction (FEC) of encrypted messages sent from Bob together with the sifted key available to Alice (after raw key transmission and sifting procedure). ¶0022 Syndrome generation circuitry 152 generates an (N, K) LDPC code with parity-check matrix H of size (N−K)×N used to create a syndrome vector p=xHT, where x is the sifted key; where the adaptive LDPC code can be used for both information reconciliation and PQC-based encryption.], and a second error correction mode in which when the second communication device encodes and transmits second parity information to the first communication device, the first communication device decodes the encoded second parity information to adjust the first information sequence to be identical to the second information sequence [Djordjevic ¶0015 The second public channel circuitry 136 is generally configured to encrypt messages for transmission to Alice 106 over the public channel 160. The second public channel circuitry 136 includes key sifting circuitry 148 generally configured to sift raw key data to generate a sifted key. The second public channel circuitry 136 also includes second information reconciliation circuitry 150 (second error correction mode) generally configured to encode reconciliation information (error correction) with respect to the sifted key to generate a shared secret key, as described below. The second information reconciliation circuitry 150 includes syndrome generation circuitry 152 generally configured to generate error correction parity bits (second parity information to the first communication device).], and the predetermined criterion includes a first criterion in which a communication device without a detector placed therein, among the first communication device and the second communication device, performs encoding of the parity information, and a communication device with a detector placed therein, among the first communication device and the second communication device [Djordjevic ¶0016 Bell state measurement circuitry 132 includes beam splitter (combiner) circuitry 134 generally configured to combine the photons received from Alice and Bob; also includes single photon detectors 133 and 135, along a quantum channel 170. ¶0019 Alice and Bob then exchange the basis being used via the (authenticated) public channel 160. Alice and Bob then disclose their phase information (predetermined criterion), that is kA,B and intensities, via public channel 160, and these are used for parameter estimation. ¶0017 When X-basis (a first criterion) encoding is selected, Alice and Bob employ corresponding phase and amplitude modulators to randomly select 0 (π/2) and πC (3π/2) representing logic bits 0 and 1, and such phase-encoded pulses are sent with randomly selected intensities. Charlie 132 performs the Bell state measurements (BSMs) and announces the results to Bob and Alice.], performs decoding of the parity information, and a second criterion in which any one among the first communication device and the second communication device performs decoding of the parity information on the basis of signaling information including information on a subject of decoding the parity information [Djordjevic ¶0017 Alice (Bob) then randomly selects whether to use Z-basis or X-basis. When Z-basis (a second criterion) is selected, the phase-randomized coherent state is sent with intensity either μ or 0. ¶0021 a joint cryptosystem example of DV-QKD system, in which reverse reconciliation is employed. “Reverse reconciliation”, as used herein, means that Bob is selected as holding the “true” sifted key. The key sifting circuitry 150 generates a sifted key (x) represented those X-Basis and Z-Basis measurement parameters where Bob and Alice measurement bases agree. By performing the comparison on predetermined positions for X-basis bits, Alice and Bob estimate the quantum bit-error rate (QBER). ].
Regarding claim 2, Djordjevic teaches claim 1 as described above.
Djordjevic teaches wherein the at least one second communication device includes a plurality of communication devices, and the post-processing step between the first communication device [¶0042 …intended that operations described herein may be distributed across a plurality of physical devices, such as processing structures at more than one different physical location. ] and the plurality of communication devices is performed according to the first criterion [See ¶0017].
Regarding claim 3, Djordjevic teaches claim 1 as described above.
Djordjevic teaches wherein the at least one second communication device includes a plurality of communication devices [¶0042 …intended that operations described herein may be distributed across a plurality of physical devices, such as processing structures at more than one different physical location. ] and the post-processing step between the first communication device and the plurality of communication devices is performed according to the second criterion [See ¶0016].
Regarding currently amended claim 4, Djordjevic teaches a quantum cryptography communication system comprising:
Djordjevic teaches a first communication device for transmitting a first information sequence generated by randomly modulating by a phase or polarization of photons to a second communication device [See Djordjevic ¶¶0011-0013 0015 and Fig. 1 as in claim 1]; and
the second communication device for generating a second information sequence based on the received first information sequence [See Djordjevic ¶¶0011-0013 0015 0017 and Fig. 1 as in claim 1], wherein
quantum key distribution is performed through an error correction process of adjusting the first information sequence and the second information sequence to be identical using parity information in an error correction mode selected based on a predetermined criterion [See Djordjevic ¶0017 as in claim 1], and
the error correction mode is one among a first error correction mode in which when the first communication device encodes and transmits first parity information to the second communication device, the second communication device decodes the encoded first parity information to adjust the second information sequence to be identical to the first information sequence [See Djordjevic ¶¶0010 and 0013 as in claim 1], and a second error correction mode in which when the second communication device encodes and transmits second parity information to the first communication device, the first communication device decodes the encoded second parity information to adjust the first information sequence to be identical to the second information sequence [See Djordjevic ¶¶0015 and 0016 as in claim 1], and
the predetermined criterion is characterized by either (a) or (b):
(a) the predetermined criterion includes a first criterion in which a communication device without a detector placed therein, among the first communication device and the second communication device, performs encoding of the parity information, and a communication device with a detector placed therein, among the first communication device and the second communication device, performs decoding of the parity information, and a second criterion in which any one among the first communication device and the second communication device performs decoding of the parity information on the basis of signaling information including information on a subject of decoding the parity information [See ¶¶0017 and 0021 as in claim 1].
(b) the predetermined criterion is selecting the first error correction mode as the error correction mode when an eavesdropper is located near the second communication device more than the first communication device, and selecting the second error correction mode as the error correction mode when the eavesdropper is located near the first communication device more than the second communication device
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “…a first communication device for transmitting a first information sequence …randomly modulating a second communication device…the second communication for generating a second information sequence…”, in claim 5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ahn et al WO-2022149629-A1 teaches multidimensional syndrome-based IR method and device in QKD system.
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SAKINAH WHITE-TAYLOR
Primary Examiner
Art Unit 2407
/Sakinah White-Taylor/Primary Examiner, Art Unit 2407
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