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
Receipt is acknowledged of papers submitted claiming the benefit of Application No. DE10 2022 207 781.4, filed on 07/28/2022, which papers have been placed of record in the file required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/27/2025 has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the disclosed steps as described in the specification. More specifically, figure 2 steps 21 – 25 do not contain a description to describe the steps of the flow chart as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 14 is objected to because of the following informalities: Claim 14 recites “…the method comprising: generating and storing a PIN with the first device (11, 31) generates and stores a PIN;…” It appears applicant forgot to remove “(11, 31)” from the claim language (as applicant has struck out the other referenced numbers).
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, 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6, 9, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Modzelewski et al. (US 2014/0281547 A1, hereinafter Modzelewski) in view of Sales et al. (US 2006/0224893 A1, hereinafter Sales).
Regarding claim 1, Modzelewski teaches a device comprising: an interface for wireless data connection (referring to FIG. 1, both the Computing device 110 and BGM 105 are depicted to include a user interface/screen/display, see [0069]. Wherein the devices are configured for wireless data connection such as a network facilitating "wireless type connections" see [0065]); a controllable signal facility to generate an optical or acoustic signal ([0040] describes "the BGM 105 transmits (e.g., flashes) a light signal 310 corresponding to the private key", and [0044] describes "BGM 105 resonating an audio signal 405 to transmit the private key." Furthermore, [abstract] specifically states "the PHD communicates a private key to the computing device via a first communication medium (e.g., light signal, audio signal, pattern)", i.e. the BGM 105 depicted in FIG. 1, may generate/transmit an optical or acoustic signal and therefore includes a controllable signal facility); and a control facility for the interface and for the controllable signal facility; wherein the control facility- ([0069] referring to Fig. 9, CPU 922 capable of controlling the interface and the controllable signal facility of Computing Device 910. Furthermore, [0034] describes what each device (the Computing device 110 and BGM 105) may be (non-limiting), and it is notoriously well known in the art of implementing the method of claim 1 to include a control facility in any of the devices described in [0034], i.e. the Computing Device 910 and BGM 105 would include a control facility for the interface and the detector).
Modzelewski is not relied on for the claim language -to acquire a data connection to a second device carries out a PIN exchange method comprising: generating and storing a PIN for the data connection; emitting the PIN with the signal facility to enable reception by the second device; return reception of the PIN from the second device via the wireless data connection; and acquisition of the data connection only when the received PIN matches the stored PIN. However, Sales teaches [abstract] a secure wireless communications connection between two electronic devices in association with a generated PIN. Sales also teaches -to acquire a data connection to a second device carries out a PIN exchange method comprising: generating and storing a PIN for the data connection (referring to FIG. 2, [0023] describes "in step 150, the first electronic device generates a personal identification number," in order to "establish a secure communications link" with a secondary device, i.e. a PIN exchange method); emitting the PIN with the signal facility to enable reception by the second device (referring to FIG. 2, [0023] describes "in step 170, the first electronic device sends the encrypted personal identification number to the second electronic device over the non-secure communications connection," i.e. emitting the PIN to be received by the secondary device); return reception of the PIN from the second device via the wireless data connection; and acquisition of the data connection only when the received PIN matches the stored PIN ([0023] describes "in step 180, the second electronic device decrypts the personal identification number using the private key. In step 190, the first and second electronic devices use the personal identification number to establish a secure wireless communications connection," i.e. establish secure connection only after the PIN is generated and transmitted to the additional device, wherein the additional device decrypts the PIN, and secure connection between the devices is established if the PIN matches).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Modzelewski to include the use of a PIN to facilitate the wireless data connection, as taught by Sales, in order to [0007] allow the sharing of PINs, and [0008] facilitate and improve methods for establishing secure communications.
Regarding claim 2, Modzelewski is not relied on for the claim language the PIN is generated by random number generation. However, Sales teaches as such ([0027] describes "personal identification numbers may be randomly generated according to a pseudo random number generation technique known in the art").
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Modzelewski to include the use of a PIN to facilitate the wireless data connection, as taught by Sales, in order to [0007] allow the sharing of PINs, and [0008] facilitate and improve methods for establishing secure communications.
Regarding claim 3, Modzelewski teaches the signal facility comprises a light-emitting diode ([0040] "in an embodiment, the BGM 105 includes a Light Emitting Diode (LED) 305. The LED 305 may be an eject button indicator on the BGM 105 or another dual function LED or a dedicated LED for this function," i.e. the signal facility may comprise a plurality of LEDs).
Regarding claim 4, Modzelewski teaches the signal facility comprises a plurality of light-emitting diodes ([0040] "in an embodiment, the BGM 105 includes a Light Emitting Diode (LED) 305. The LED 305 may be an eject button indicator on the BGM 105 or another dual function LED or a dedicated LED for this function," i.e. the signal facility may comprise a plurality of LEDs).
Regarding claim 5, Modzelewski teaches the signal facility comprises a loudspeaker ([0044] describes "an internal speaker 410 located inside the BGM 105 or an external speaker in communication with the BGM 105").
Regarding claim 6, Modzelewski is not relied on for the claim language the control facility encrypts the PIN before the transmission, and carries out the reception of the PIN in a decrypted form. However, Sales teaches the control facility encrypts the PIN before the transmission ([Figure 2, step 160] the PIN is encrypted prior to transmission to the secondary device represented by step 170, see [0023]), and carries out the reception of the PIN in a decrypted form ([Figure 2, step 180] the PIN is received and decrypted, see [0023]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Modzelewski to include the use of a PIN to facilitate the wireless data connection, as taught by Sales, in order to [0007] allow the sharing of PINs, and [0008] facilitate and improve methods for establishing secure communications.
Regarding claim 9, Modzelewski teaches a device comprising: an interface for wireless data connection (referring to FIG. 1, both the Computing device 110 and BGM 105 are depicted to include a user interface/screen/display, see [0069]. Wherein the devices are configured for wireless data connection such as a network facilitating "wireless type connections" see [0065]); an optical or acoustic detector (referring to FIG. 1, both the computing device 110 and BGM 105 are capable of receiving/detecting an optical or acoustic signal as described in claim 1, see [0040], [0044], [abstract]); and a control facility for the interface and the detector; wherein the control facility is configured for- ([0069] referring to Fig. 9, CPU 922 capable of controlling the interface and the controllable signal facility of Computing Device 910. Furthermore, [0034] describes what each device (the Computing device 110 and BGM 105) may be (non-limiting), and it is notoriously well known in the art of implementing the method of claim 1 to include a control facility in any of the devices described in [0034], i.e. the Computing Device 910 and BGM 105 would include a control facility for the interface and the detector).
Modzelewski is not relied on for the claim language -acquisition of a data connection to a second device to carry out a PIN exchange method including: receiving a PIN for acquisition of a data connection from the second device using the detector; and return transmission of the PIN to the second device via the wireless data connection. However, Sales teaches -acquisition of a data connection to a second device to carry out a PIN exchange method (referring to FIG. 2, [0023] describes "in step 150, the first electronic device generates a personal identification number," in order to "establish a secure communications link" with a secondary device, i.e. a PIN exchange method) including: receiving a PIN for acquisition of a data connection from the second device using the detector (referring to FIG. 2, [0023] describes "in step 170, the first electronic device sends the encrypted personal identification number to the second electronic device over the non-secure communications connection," i.e. emitting the PIN to be received by the secondary device, i.e. in step 170/180 the PIN is transmitted and received by the secondary device); and return transmission of the PIN to the second device via the wireless data connection (referring to FIG. 2, "in step 190, the first and second electronic devices use the personal identification number to establish a secure wireless communications connection," i.e. the PIN is returned in the transmission of step 190 to establish a secure communications connection via a wireless connection , see [0023]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Modzelewski to include the use of a PIN to facilitate the wireless data connection, as taught by Sales, in order to [0007] allow the sharing of PINs, and [0008] facilitate and improve methods for establishing secure communications.
Regarding claim 12, Modzelewski teaches the wireless data connection comprises a Bluetooth standard connection ([0035] describes "examples of wireless communication channels include, but are not limited to, radio frequency (RF), such as WiFi, Bluetooth.RTM., Bluetooth Smart.RTM", i.e. the ability for the wireless data communication to include a Bluetooth standard connection).
Regarding claim 13, Modzelewski teaches the wireless data connection comprises a standard WiFi connection ([0035] describes "examples of wireless communication channels include, but are not limited to, radio frequency (RF), such as WiFi…", i.e. the ability for the wireless data communication to include a standard WiFi connection).
Regarding claim 14, Modzelewski teaches a method for establishing wireless data connection between a first device and a second device (FIG. 1 depicts establishing wireless data connection between a first device and a second device, see [0035]), and -optically or acoustically- ([0040] describes "the BGM 105 transmits (e.g., flashes) a light signal 310 corresponding to the private key", and [0044] describes "BGM 105 resonating an audio signal 405 to transmit the private key." Furthermore, [abstract] specifically states "the PHD communicates a private key to the computing device via a first communication medium (e.g., light signal, audio signal, pattern)", i.e. the BGM 105 depicted in FIG. 1, may generate/transmit an optical or acoustic signal to be sent to the secondary device).
Modzelewski is not relied on for the claim language the method comprising: generating and storing a PIN with the first device (11, 31) generates and stores a PIN (referring to FIG. 2, "in step 150, the first electronic device generates a personal identification number" see [0023], wherein the device is configured to store the PIN, see [0019]); transferring the PIN from the first device- -to the second device ([Figure 2, step 170]); receiving the PIN at the second device ([Figure 2, step 180]); transferring the PIN from the second device to the first device using of the wireless data connection ([Figure 2, step 190]); and acquiring the connection only if the stored PIN matches the PIN received at the first device (referring to FIG. 2, "in step 190, the first and second electronic devices use the personal identification number to establish a secure wireless communications connection," i.e. the connection is established only if the returned PIN matches the saved PIN).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Modzelewski to include the use of a PIN to facilitate the wireless data connection, as taught by Sales, in order to [0007] allow the sharing of PINs, and [0008] facilitate and improve methods for establishing secure communications.
Claims 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Modzelewski et al. (US 2014/0281547 A1, hereinafter Modzelewski) and Sales et al. (US 2006/0224893 A1, hereinafter Sales) as applied in claims above, and further in view of Karabinis (US 2011/0123028 A1, hereinafter Karabinis).
Regarding claim 7, Modzelewski is not relied on for the claim language the control facility converts the PIN- -and actuates the signal facility based on the conversion. However, Sales teaches as such ([Figure 2, step 180/190] the PIN is converted, and the secure connection is established).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Modzelewski to include the use of a PIN to facilitate the wireless data connection, as taught by Sales, in order to [0007] allow the sharing of PINs, and [0008] facilitate and improve methods for establishing secure communications.
The combination of Modzelewski and Sales is not relied on for the claim language -using an inverse fast Fourier transform into a discrete-time representation-. However, Karabinis teaches [abstract] a method that enables a level of privacy/security in wireless communications to be increased in association with pseudo-randomly generated signaling alphabets. Karabinis also teaches -using an inverse fast Fourier transform into a discrete-time representation- ([0022] and [0075] responsive to a key input, Inverse Discrete Fourier Transform (IDFT) or Inverse Fast Fourier Transform (IFFT) may be used to aid in calculations/conversions).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify the combination of Modzelewski and Sales to include the ability for values to be converted using an IFFT or FFT, as taught by Karabinis, in order to [0003] increase covertness and/or resistance to jamming, aid in [0117] reducing interference between the communications of the first and second devices, and [0102] increase privacy in wireless communications.
Regarding claim 10, Modzelewski is not relied on for the claim language the control facility converts the signal received by the detector into the PIN-. However, Sales teaches as such ([Figure 2, step 180] the PIN is converted).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Modzelewski to include the use of a PIN to facilitate the wireless data connection, as taught by Sales, in order to [0007] allow the sharing of PINs, and [0008] facilitate and improve methods for establishing secure communications.
The combination of Modzelewski and Sales is not relied on for the claim language -using a fast Fourier transform. However, Karabinis teaches as such ([0022] and [0075] "a Fast Fourier Transform (FFT)" may be used to aid in calculations/conversions).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify the combination of Modzelewski and Sales to include the ability for values to be converted using an IFFT or FFT, as taught by Karabinis, in order to [0003] increase covertness and/or resistance to jamming, aid in [0117] reducing interference between the communications of the first and second devices, and [0102] increase privacy in wireless communications.
Claims 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Modzelewski et al. (US 2014/0281547 A1, hereinafter Modzelewski) and Sales et al. (US 2006/0224893 A1, hereinafter Sales) as applied in claims above, and further in view of Naslund et al. (US 2010/0146274 A1, hereinafter Naslund).
Regarding claim 8, Modzelewski is not relied on for the claim language the control facility- -together with the PIN. However, Sales teaches as such ([Figure 2, step 160] the PIN is generated and messaged to the secondary device in step 150/160, see [0023]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Modzelewski to include the use of a PIN to facilitate the wireless data connection, as taught by Sales, in order to [0007] allow the sharing of PINs, and [0008] facilitate and improve methods for establishing secure communications.
The combination of Modzelewski and Sales is not relied on for the claim language -transfers a checksum-. However, Naslund teaches [abstract] a module for integrity protection of transmitted messages. Naslund also teaches -transfers a checksum- ([0053] describes "obtaining the integrity protecting key Rk from the SDR protecting module and calculating a message authenticating checksum from said integrity protecting key Rk and adding said checksum to the message before transmission," i.e. transferring a checksum in a message for authentication/authorization. Additionally, [0058] describes "…computation of an message authenticating checksum…").
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify the combination of Modzelewski and Sales to include the use of a checksum, as taught by Naslund, in order to [0003] increase flexibility and versatility of signal processing while improving QoS, and [0065] increase integrity protection and further increase security.
Regarding claim 11, the claimed limitations of claim are rejected as the same reasons as set forth in claim 8, further in view of it being notoriously well known in the art that a checksum is implemented to ensure a message was transferred error-free.
References Cited
Modzelewski, Brent E. et al. (2014). Wireless pairing of personal health device with a computing device (US 2014/0281547 A1). Filed 2014-03-12.
Sales, Randall W. et al. (2006). Secure wireless communication apparatus and method for electronic devices incorporating pushed pins (US 2006/0224893 A1). Filed 2005-04-04.
Karabinis, Peter D. (2011). Systems and/or methods of increased privacy wireless communications (US 2011/0123028 A1). Filed 2011-01-21.
Naslund, Mats et al. (2010). Security for software defined radio terminals (US 2010/0146274 A1). Filed 2007-06-18.
Other Pertinent References
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schmidt, Andreas et al. (2008). Communication device, method for establishing a communication connection and method for using a communication connection (US 2008/0279158 A1). Filed 2007-05-08. Discloses a communication device including a communication connection establishing circuit configured to establish an ad hoc network communication connection between the communication device, a second communication device and a third communication device, in association with generating encryption parameters. (abstract)
Ha, Ki-Woong et al. (2010). Apparatus and method for connecting with bluetooth devices in a terminal using audio channel (US 2010/0130131 A1). Filed 2009-08-03. Discloses an apparatus and method for connecting with Bluetooth devices in a terminal using an audio channel. (abstract)
Peluso, Marco et al. (2014). Methods for authenticating device-to-device communication (US 2014/0380419 A1). Filed 2014-06-25. Discloses devices and methods to enable devices to be paired in a convenient and secure way based on proximity. (abstract)
Donley, David C. et al. (2018). Migration for wearable to new companion device (US 2018/0352435 A1). Filed 2018-04-27. Discloses the pairing of wearable devices to a new companion electronic device. (abstract)
Wei, QingYun et al. (2022). Server-based wi-fi protected setup (wps) pin procedure (US 11251960 B1). Filed 2018-10-19. Discloses techniques for providing a server-based Wi-Fi Protected Setup (WPS) PIN procedure. (abstract)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J DWYER whose telephone number is (571)272-5121. The examiner can normally be reached M-F 6 a.m. - 3 p.m. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuwen Pan can be reached at (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW JAMES DWYER/Examiner, Art Unit 2649
/GEORGE ENG/ Supervisory Patent Examiner, Art Unit 2699
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