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 .
Response to Amendment
The amendment filed on 07/02/2026 is being entered. Claims 1-11 and 14-15 are pending. Claims 1-3, 6-10, and 14-15 are amended. Claims 12-13 and 16 are cancelled. The amendment overcomes the 35 U.S.C. 112(b), 35 U.S.C. 102 rejections, and 35 U.S.C. 103 rejections.
Response to Arguments
Applicant’s arguments, see Remarks filed 07/02/2026, with respect to the rejection(s) of claim(s) 1, 2, 5, 6, 8, 11, 14, and 15 under 35 U.S.C. 102(a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Porsch et al. (U.S. Publication No. 2011/0055564 A1) hereinafter Porsch. Therefore, a newly mailed Non-Final Office Action appears below.
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.
Claims 1-3, 5, 6, 8, 9, 11, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kaur (U.S. Publication No. 2023/0303121 A1) hereinafter Kaur in view of Porsch et al. (U.S. Publication No. 2011/0055564 A1) hereinafter Porsch.
Regarding claim 1, Kaur discloses a user device mounted on a vehicle [see Paragraph 0026 – discusses V2X communication for a vehicle, V2X communication includes a communication device (user device) on the vehicle that transmits information (i.e. message(s))],
wherein the user device is configured to transmit a message through a sidelink to a surrounding communication device [see Paragraph 0026 - discusses that a vehicle transmits a message in the V2X system, see Paragraph 0037 - discusses that the message is transmitted to other vehicle/server, see Figure 1 below - depicts a vehicle with V2X communication sending the message to another vehicle/server],
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Figure 1 of Kaur
the message including a first information element indicating an automated driving level of the vehicle [see Paragraph 0028 - discusses that an indication of a level of automated driving is included in the message], a second information element indicating a traffic situation detected by the vehicle [see Paragraph 0026 - discusses that an incident (road/vehicle accident) is captured by the vehicle and is sent in the message through V2X that is received by another vehicle/server]
However, Kaur fails to disclose a third information element obtained by encrypting the first information element.
Porsch discloses a third information element obtained by encrypting the first information element [see Paragraph 0006 – discusses transmitting a first information element that is unencrypted and an encrypted first information element that is encrypted with a private key (third information element)].
Porsch suggests that by transmitting the encrypted message and the unencrypted message, the receiving device can determine whether the message is transmitted correctly [see Paragraph 0006].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the first information element as taught by Kaur to be encrypted to obtain a third information element and send the third information element along with the first information element to a receiving device as taught by Porsch in order for the receiving device (surrounding communication device) to determine whether the message including the first information element and third information element was transmitted correctly [Porsch, see Paragraph 0006].
Regarding claim 2, Kaur and Porsch disclose the invention with respect to claim 1. Kaur further discloses wherein the message further includes a fourth information element indicating identification information of the user device [see Paragraph 0027 - discusses that there is an identifier in the message that includes an identification number].
Regarding claim 3, Kaur and Porsch disclose the invention with respect to claim 1. Porsch further discloses wherein the message further includes the third information element is obtained by encrypting the first information element by using a secret key stored in the user device [see Paragraph 0006 – discusses using a private key to encrypt the first information element].
Regarding claim 5, Kaur and Porsch disclose the invention with respect to claim 1. Kaur further discloses wherein the traffic situation indicated by the second information element includes a traffic situation requiring attention [see Paragraph 0026 - discusses that the incident is an accident].
Regarding claim 6, Kaur discloses wherein the user device is configured to receive a message through a sidelink from a surrounding communication device [see Paragraph 0026 – discusses V2X communication for a vehicle, V2X communication includes a communication device on the vehicle that transmits information (i.e. message(s)) and is received at another communication device (user device) on another vehicle] mounted on a vehicle [see Paragraph 0026 - discusses that a vehicle transmits a message in a V2X system, see Paragraph 0037 - discusses that the message is transmitted to other vehicle/server (a user device of the vehicle receives the message), see Figure 1 below - depicts a vehicle with V2X communication sending the message to another vehicle/server],
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Figure 1 of Kaur
the message including a first information element indicating an automated driving level of the vehicle [see Paragraph 0028 - discusses that an indication of a level of automated driving is included in the message through V2X that is received by another vehicle/server], a second information element indicating a traffic situation detected by the vehicle [see Paragraph 0026 - discusses that an incident (road/vehicle accident) is captured (detected) by the vehicle and is sent in the message through V2X that is received by another vehicle/server]
However, Kaur fails to disclose a third information element obtained by encrypting the first information element.
Porsch discloses a third information element obtained by encrypting the first information element [see Paragraph 0006 – discusses transmitting a first information element that is unencrypted and an encrypted first information element that is encrypted with a private key (third information element)].
Porsch suggests that by transmitting the encrypted message and the unencrypted message, the receiving device can determine whether the message is transmitted correctly [see Paragraph 0006].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the first information element as taught by Kaur to be encrypted to obtain a third information element and send the third information element along with the first information element to a receiving device as taught by Porsch in order for the receiving device (surrounding communication device) to determine whether the message including the first information element and third information element was transmitted correctly [Porsch, see Paragraph 0006].
Regarding claim 8, Kaur and Porsch disclose the invention with respect to claim 6. Kaur further discloses wherein the message further includes a fourth information element indicating identification information of the surrounding communication device [see Paragraph 0027 - discusses that there is an identifier in the message that includes an identification number].
Regarding claim 9, Kaur and Porsch disclose the invention with respect to claim 6. Porsch further discloses wherein the third information element is obtained by encrypting the first information element by using a secret key stored in the surrounding communication device [see Paragraph 0006 – discusses using a private key to encrypt the first information element].
Regarding claim 11, Kaur and Porsch disclose the invention with respect to claim 6. Kaur further discloses wherein the traffic situation indicated by the second information element includes a traffic situation requiring attention [see Paragraph 0026 - discusses that the incident is an accident].
Regarding claim 14, Kaur discloses a communication method performed by a user device mounted on a vehicle [see Paragraph 0026 – discusses V2X communication for a vehicle, V2X communication includes a communication device on the vehicle that transmits information (i.e. message(s))], the method comprising:
transmitting a message through a sidelink to a surrounding communication device [see Paragraph 0026 - discusses that a vehicle transmits a message in a V2X system, see Paragraph 0037 - discusses that the message is transmitted to other vehicles/server, see Figure 1 below - depicts a vehicle with V2X communication sending the message to another vehicle/server],
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Figure 1 of Kaur
the message including a first information element indicating an automated driving level of the vehicle [see Paragraph 0028 - discusses that an indication of a level of automated driving is included in the message through V2X that is received by another vehicle/server], a second information element indicating a traffic situation detected by the vehicle [see Paragraph 0026 - discusses that an incident (road/vehicle accident) is captured by the vehicle and is sent in the message through V2X that is received by another vehicle/server]
However, Kaur fails to disclose a third information element obtained by encrypting the first information element.
Porsch discloses a third information element obtained by encrypting the first information element [see Paragraph 0006 – discusses transmitting a first information element that is unencrypted and an encrypted first information element that is encrypted with a private key (third information element)].
Porsch suggests that by transmitting the encrypted message and the unencrypted message, the receiving device can determine whether the message is transmitted correctly [see Paragraph 0006].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the first information element as taught by Kaur to be encrypted to obtain a third information element and send the third information element along with the first information element to a receiving device as taught by Porsch in order for the receiving device (surrounding communication device) to determine whether the message including the first information element and third information element was transmitted correctly [Porsch, see Paragraph 0006].
Regarding claim 15, Kaur discloses a communication method performed by a user device, the method comprising:
receiving a message through a sidelink from a surrounding communication device mounted on a vehicle [see Paragraph 0026 - discusses that a vehicle transmits a message in a V2X system, see Paragraph 0037 - discusses that the message is transmitted to other vehicles/server (a user device of the vehicle receives the message), see Figure 1 below - depicts a vehicle with V2X communication sending the message to another vehicle/server],
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Figure 1 of Kaur
the message including a first information element indicating an automated driving level of the vehicle [see Paragraph 0028 - discusses that an indication of a level of automated driving is included in the message through V2X that is received by another vehicle/server], a second information element indicating a traffic situation detected by the vehicle [see Paragraph 0026 - discusses that an incident (road/vehicle accident) is captured by the vehicle and is sent in the message through V2X that is received by another vehicle/server]
However, Kaur fails to disclose a third information element obtained by encrypting the first information element.
Porsch discloses a third information element obtained by encrypting the first information element [see Paragraph 0006 – discusses transmitting a first information element that is unencrypted and an encrypted first information element that is encrypted with a private key (third information element)].
Porsch suggests that by transmitting the encrypted message and the unencrypted message, the receiving device can determine whether the message is transmitted correctly [see Paragraph 0006].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the first information element as taught by Kaur to be encrypted to obtain a third information element and send the third information element along with the first information element to a receiving device as taught by Porsch in order for the receiving device (surrounding communication device) to determine whether the message including the first information element and third information element was transmitted correctly [Porsch, see Paragraph 0006].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kaur in view of Porsch further in view of Hirotaka (J.P. Publication No. 2008060789 A) hereinafter Hirotaka
Regarding claim 7, Kaur and Porsch disclose the invention with respect to claim 6. Kaur further discloses wherein the user device is configured to further receive, from a base station, [information] in a second user device mounted on a vehicle having a predetermined automated driving level [see Paragraph 0043 – discusses that the V2X system of the base station determines which vehicles have autonomous driving capability, and sending messages to those vehicles].
However, the combination of Kaur and Porsch fails to disclose wherein the base station is configured to transmit, to a user device, a public key paired with a secret key stored in a communication device mounted on a vehicle.
Hirotaka discloses wherein a user device is configured to further receive, from a base station, a public key paired with a secret key stored in a user device mounted on a vehicle [see Paragraph 0043 - discusses that a roadside device (base station) transmits a public key to a vehicle (see Paragraph 0040 - the in-vehicle terminal (communication device) of the vehicle receives the public key at a public key acquisition unit of the in-vehicle terminal), see Paragraph 0036 - discusses that private keys are stored in the in-vehicle terminal (communication device) of the vehicle].
Hirotaka suggests communication encryption is performed in order to ensure communication safety and prevent eavesdropping of transmission data by a third party [see Paragraphs 0002-0006].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the base station as taught by Kaur to transmit, to a user device, a public key paired with a secret key stored in a communication device mounted on a vehicle as taught by Hirotaka in order to ensure communication safety and prevent eavesdropping of transmission data by a third party [Hirotaka, see Paragraphs 0002-0006].
Claims 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kaur in view of Porsch further in view of Mackey (U.S. Publication No. 2003/0028298 A1) hereinafter Mackey further in view of Hirotaka.
Regarding claim 4, Kaur discloses the invention with respect to claim 1.
However, Kaur fails to disclose wherein the second information element is encrypted by a secret key stored in the user device.
Unagami discloses wherein the second information element is encrypted by a secret key stored in a user device [see Paragraphs 0014 and 0018 - discusses that accident data is encrypted before it is has been transmitted by an encryption application program on a processor, and discusses that the accident data is encrypted with a key by the processor].
Hirotaka suggests communication encryption is performed in order to ensure communication safety and prevent eavesdropping of transmission data by a third party [see Paragraphs 0002-0006].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the user device as taught by Kaur to store a secret key for encrypting second information as taught by Mackey in order to ensure communication safety and prevent eavesdropping of transmission data by a third party and prevent eavesdropping of transmission data by a third party [Hirotaka, see Paragraphs 0002-0006].
Regarding claim 10, Kaur discloses the invention with respect to claim 6.
However, Kaur fails to disclose wherein the second information element is encrypted by a secret key stored in the surrounding communication device.
Unagami discloses wherein the second information element is encrypted by a secret key stored in a communication device [see Paragraphs 0014 and 0018 - discusses that accident data is encrypted before it is has been transmitted by an encryption application program on a processor, and discusses that the accident data is encrypted with a key by the processor].
Hirotaka suggests communication encryption is performed in order to ensure communication safety and prevent eavesdropping of transmission data by a third party [see Paragraphs 0002-0006].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the communication device as taught by Kaur to store a secret key for encrypting second information as taught by Mackey in order to ensure communication safety and prevent eavesdropping of transmission data by a third party and prevent eavesdropping of transmission data by a third party [Hirotaka, see Paragraphs 0002-0006].
Hirotaka suggests communication encryption is performed in order to ensure communication safety and prevent eavesdropping of transmission data by a third party [see Paragraphs 0002-0006].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the communication device as taught by Kaur to store a secret key for encrypting second information as taught by Mackey in order to ensure communication safety and prevent eavesdropping of transmission data by a third party and prevent eavesdropping of transmission data by a third party [Hirotaka, see Paragraphs 0002-0006].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shayne M Gilbertson whose telephone number is (571)272-4862. The examiner can normally be reached Tuesday - Friday: 10:30 AM - 9:30 PM EST.
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/SHAYNE M. GILBERTSON/Examiner, Art Unit 3665
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