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 .
This action is in response to the claims submitted 4/17/2026. Claims 1-14 are pending with claims 6-8, 13 and 14 withdrawn due to the restriction. Claims 1-5 and 9-12 are under examination. Claims 1 (a method) and 9 (a machine) are independent.
Response to Arguments
Applicant's arguments filed 4/17/2026 have been fully considered but they are not persuasive.
Note that the first page of the claims appears to be prepended as the first page of the remarks, and the first page of the remarks appears to be appended as the last page of the claims.
On page 12 of the remarks, Applicant notes that: “The term ‘secret’ refers to the unpredictability of the number to entities outside the surveillance system, not to permanent concealment from all parties”. Thus, the term “secret number” is interpreted to mean generated by a random number generator.
On page 13 of the remarks, Applicant states that “one-time passwords” “is well understood to be a value generated algorithmically by a device or software without requiring manual user entry. TOTP is defined by RFC 6238 …”
RFC 6238 further defines the HOTP algorithm of RFC 4226. RFC 4226 states the requirement of: “The value displayed on the token MUST be easily read and entered by the user”.
The claims are unrelated to any “one time password” as it is understood in the art as there is no user authenticating or using a “password”. The requirement of a one-time-password in the absence of any authentication is ambiguous.
On pages 14-15 of the remarks, Applicant asserts that “The amended claims now recite the first secret number to be generated ‘based on a same seed value and using a respective cryptographically secure number generator’…. Neither Speasl nor Deole teaches or suggests at least this limitation.”
Examiner agrees that the combination of Speasl and Deole does not disclose this limitation as previously noted in the discussion of now canceled claim 4 which formerly contained this feature.
On pages 14-15 of the remarks, Applicant asserts that: “Deleeuw's pseudo-random number generators (PRNGs) are used for anonymizing user location data, not for two surveillance-system devices synchronously generating the same shared secret number based on a same seed value for cryptographic coupling of two temporally related data sequences.”
This argument is not persuasive.
Initially, “for cryptographic coupling of two temporally related data sequences” is intended use and not required by the claim.
Deleeuw does disclose a plurality of devices with the same random number: (“one or more of the RNs R0 to RN and may be communicated to other user devices including mobile devices. When the random number R0 is communicated to a user mobile device, for example, this may grant enduring access to read and write location information associated with the user mobile device according to entropy multiplexing. For example any user device that receives the random number R0 may employ that random number to generate a pseudo random number sequence via a Pseudo Random Number Generator (PRNG) located on that user device.” Deleeuw ¶ 34. See Deleeuw ¶ 39 for further generations ).
Thus, Deleeuw does disclose synchronously generating a shared secret number.
On pages 15-16 of the remarks, Applicant asserts: “neither Speasl nor Deole teaches the asymmetric coupling mechanism claimed: the first data sequence contains the first secret number itself, while the second data sequence contains a first digest (hash) of that same first secret number, thereby cryptographically coupling the two data sequences. Speasl's organization of media by date is merely a database search feature, not a cryptographic coupling mechanism.”
This argument is not persuasive.
The claims are directed solely to the generation of “digital signatures” by two devices. How the data may be used is unclaimed. Therefore, the cryptographic coupling mechanism is unclaimed.
Note that the first and second processing devices are not required to interact with each other and their respective first/second “data sequences” are related only in that the respective devices share a random number generator and seed. In other words, the asserted linking is merely that the devices share the claimed “secret number”.
On page 16, Appellant asserts: “The Examiner’s stated motivation …. Does not address the specific cryptographic coupling mechanisms claimed.”
Examiner reiterates that there is no coupling in the claim. The devices share a number, that is all. Synchronized numbers are known in the art, see Speasl. And more specifically, synchronized random numbers for the purpose of data privacy are known in the art, see Deleeuw ¶ 34.
Applicant’s further remarks are related to those addressed and are not persuasive for the reasons detailed above.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 is dependent on claim 4 and requires: “wherein each of the first and second secret numbers is a one-time password (OTP), such as a time-based OTP, TOTP.” A one-time password is a password entered by a user. No user interaction is required nor is any password entered. Therefore, it is unclear what claim 5 requires as no password use is required by the claim.
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.
Claim(s) 1-3, 5, 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Speasl et al., US 2020/0014816 (published 2020), in view of Deole et al., US 2020/0134143 (published 2020), and Deleeuw et al., US 2016/0012252 (published 2016).
As to claims 1 and 9, Speasl discloses a method/machine comprising:
by a first processing device processing a first data sequence captured from a monitored environment during a first time period: (“At step 1305, a media asset is captured by a sensor of a media capture device, optionally with its metadata as well. The metadata may include, …., a timestamp identifying date and time of capture…. , time, date, time zone, title, ” Speasl ¶ 113. See Speasl ¶ 111, media searchable by date and time.)
- generating a first digital signature for the first data sequence by applying a first cryptographic digital signature algorithm to:
first data of the first data sequence and a first secret number; (“a digital signature is computed by generating a hash digest—optionally using a secure hash algorithm such as SHA-0, SHA-1, SHA-2, or SHA-3—of the captured media, and optionally of the metadata as well.” Speasl ¶ 115. Metadata includes date as seen in Speasl ¶ 113)
- incorporating the first secret number and the first digital signature in the first data sequence; and (“Assuming the authentication of step 1335 was successful, a certified media dataset is generated by bundling the media, metadata, and the encrypted digital signature, for example in a zip file or other compressed archive file. The public key may also be bundled with them, though additional security may be provided by publishing it elsewhere to a trusted authentication server. At step 1345, the certified media dataset (and optionally the public key) is transmitted to a secondary device” Speasl ¶ 117)
- transmitting the first data sequence; (Speasl ¶ 117)
by a second processing device (note claim 12, second device may be the same device) processing a second data sequence different from the first data sequence and captured from the monitored environment (“The system is made of an unlimited number of mobile devices, users and cloud real-time communicative secure data interactive system that captures, collects, certifies media simultaneously using a secure mobile application on a digital device while organizing and using the information from the collection process and details contained within the media; such as who, where, why, how, and other metadata; location, orientation, time/date, elevation, camera heading, acceleration, metadata, velocities” Speasl ¶ 96) during a second time period at least partly overlapping with the first time period, wherein the first and second processing devices are different parts of a surveillance system and set up to synchronously in time generate a respective same first secret number (The date/time of Speasl ¶ 113), … and wherein the second data sequence is different from the first data sequence: (“the image capture device can first synchronize its image and/or sensor data with a second device. For example, a camera device (e.g., a digital point-and-shoot camera) may first be required to synchronize its data with a user device such as a smartphone or wearable device, which can then form a connection to the internet/cloud system. In the future these devices, i.e. handheld digital cameras, body cameras, binoculars can contain the certified media capture and transmission system and interact directly with the cloud as well as the second device.” Speasl ¶ 105)
- generating a second digital signature for the second data sequence by applying a second cryptographic digital signature algorithm to: (“a digital signature is computed by generating a hash digest—optionally using a secure hash algorithm such as SHA-0, SHA-1, SHA-2, or SHA-3—of the captured media, and optionally of the metadata as well.” Speasl ¶ 115. Metadata includes date as seen in Speasl ¶ 113)
second data of the second data sequence …; (“Assuming the authentication of step 1335 was successful, a certified media dataset is generated by bundling the media, metadata, and the encrypted digital signature, for example in a zip file or other compressed archive file. The public key may also be bundled with them, though additional security may be provided by publishing it elsewhere to a trusted authentication server. At step 1345, the certified media dataset (and optionally the public key) is transmitted to a secondary device” Speasl ¶ 117. All devices perform the same certification process.)
- incorporating the generated second digital signature and the … in the second data sequence, (“Assuming the authentication of step 1335 was successful, a certified media dataset is generated by bundling the media, metadata, and the encrypted digital signature, for example in a zip file or other compressed archive file. The public key may also be bundled with them, though additional security may be provided by publishing it elsewhere to a trusted authentication server. At step 1345, the certified media dataset (and optionally the public key) is transmitted to a secondary device” Speasl ¶ 117)
whereby the first data sequence and the second data sequence are coupled by the first secret number and …; and (“These may include organization by photos, video, audio, location, position, by image capture device, by user, by date, time, logged user, subscription user, or a number of other attributes of an image/video/audio/media file. Likewise, these images may be made searchable via these attributes in a network based (including “cloud based”) storage system as well as a local storage system.” Speasl ¶ 111. Search by date)
- transmitting the second data sequence. (Speasl ¶ 117)
Speasl does not explicitly disclose:
Based on a same seed value and using a respective cryptographically secure number generator,
during a second time period at least partly overlapping with the first time period
and a first digest, wherein the first digest is generated by the second processing device) applying a first cryptographic digest algorithm to the first secret number
the first digest
the first digest
Deole discloses:
and a first digest, wherein the first digest is generated by the second processing device) applying a first cryptographic digest algorithm to the first secret number
(“The block 201C comprises a head pointer 202C, a hash of date/time of the communication session 230, a date/time of the communication session or pointer 231, and a tail pointer 203C. … The hash of the date/time of the communication session 230 is typically a single hash. However, in one embodiment, there may be a separate hash of the date and a separate hash of the time.” Deole ¶ 52. The hash memorializing a user communication, see Deole ¶ 79).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide individual hashes of the respective date and time metadata of Speasl, in addition to the hash utilized to generate the signature, by incorporating said hashes into the media data sets and/or providing a ledger storage of the media data sets (e.g. Speasl ¶ 107). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine Speasl with Deole in order to allow the searching or matching of the respective media data sets as well as validation of the respective individual metadata.
While Speasl does not explicitly describe: “during a second time period at least partly overlapping with the first time period” this clause does not actually require the performance of any steps to effectuate the overlapping time periods and rather is a statement regarding the coincidental happenstance of data being sampled simultaneously.
The time periods of Speasl are days and it clearly accommodates data from a plurality of devices within a day, see Figures 10 and 11. Even if not explicitly described, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the multiple devices of Speasl might capture data on the same day.
Speasl in view of Deole does not disclose:
Based on a same seed value and using a respective cryptographically secure number generator,
Deleeuw discloses:
Based on a same seed value and using a respective cryptographically secure number generator,
(“When the user mobile device travels among different locations, the user mobile device may periodically publish a new location, which may be used to create a record of the user location. To store this location information in an anonymous fashion the PRNG0 may generate periodically a set of PRNs P.sub.00 to P.sub.0s as shown.” Deleeuw ¶ 38. It is to be noted that the PRN in each of a set of related location records is generated based upon a procedure or algorithm implemented by the PRNG such as PRNG0. Each successive PRN is generated by operation of the algorithm on the previous PRN. In order for a trusted party to regenerate a given PRN in a sequence generated by the PRNG0, in addition to the actual algorithm employed by the PRNG0, the party may be provided with a seed used to initialize the PRNG0, as well as the number of steps taken to reach the given PRN from the PRNG0.” Deleeuw ¶ 39.
“user information is collected in a repeated fashion such as at regular sample intervals, where the user information is associated with activity of one or more user devices.” Deleeuw ¶ 22.
“one or more of the RNs R0 to RN and may be communicated to other user devices including mobile devices. When the random number R0 is communicated to a user mobile device, for example, this may grant enduring access to read and write location information associated with the user mobile device according to entropy multiplexing. For example any user device that receives the random number R0 may employ that random number to generate a pseudo random number sequence via a Pseudo Random Number Generator (PRNG) located on that user device.” Deleeuw ¶ 34)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have combined Speasl in view of Deole with Deleeuw by utilizing a seed and a random number generator, in a manner similar to the timestamps of Speasl, to anonymize user data for storage from the various respective devices. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine Speasl in view of Deole with Deleeuw in order to protect user privacy and thereby attract additional users, Deleeuw ¶ 3.
As to claim 2, Speasl in view of Deole discloses the method of claim 1 and further discloses:
wherein the first and second processing devices synchronously in time generate a respective same second secret number, (“a timestamp identifying date and time of capture…. , time, date, time zone, title, ” Speasl ¶ 113. See Speasl ¶ 111, media searchable by date and time.) (“Each successive PRN is generated by operation of the algorithm on the previous PRN. In order for a trusted party to regenerate a given PRN in a sequence generated by the PRNG0, in addition to the actual algorithm employed by the PRNG0, the party may be provided with a seed used to initialize the PRNG0, as well as the number of steps taken to reach the given PRN from the PRNG0.” Deleeuw ¶ 39. Deleeuw ¶ 34, PRNG0 on multiple devices.)
wherein the first digital signature is further generated based on a second digest, which second digest is generated by the first processing device applying a second cryptographic digest algorithm to the second secret number, (“there may be a separate hash of the date and a separate hash of the time.” Deole ¶ 52.)
wherein the second digital signature is further generated based on the second secret number, wherein the incorporating of the first secret number and the first digital signature in the first data sequence further comprises: (“a digital signature is computed by generating a hash digest—optionally using a secure hash algorithm such as SHA-0, SHA-1, SHA-2, or SHA-3—of the captured media, and optionally of the metadata as well.” Speasl ¶ 115. Metadata includes date as seen in Speasl ¶ 113)
- incorporating the second digest in the first data sequence; and (Speasl ¶¶ 113 and 115 as combined with the date hash of Deole. Deleeuw ¶ 39)
wherein the incorporating of the generated second digital signature and the first digest in the second data sequence further comprises:
- incorporating the second secret number in the second data sequence. (“Assuming the authentication of step 1335 was successful, a certified media dataset is generated by bundling the media, metadata, and the encrypted digital signature, for example in a zip file or other compressed archive file. The public key may also be bundled with them, though additional security may be provided by publishing it elsewhere to a trusted authentication server. At step 1345, the certified media dataset (and optionally the public key) is transmitted to a secondary device” Speasl ¶ 117)
As to claim 3, Speasl in view of Deole discloses the method of claim 2 and further discloses:
wherein the first digital signature is generated by the first processing device applying the first cryptographic digital signature algorithm to the first data, the first secret number (“a digital signature is computed by generating a hash digest—optionally using a secure hash algorithm such as SHA-0, SHA-1, SHA-2, or SHA-3—of the captured media, and optionally of the metadata as well.” Speasl ¶ 115. Metadata includes date as seen in Speasl ¶ 113) and also to the second digest; and (“The hash of the date/time of the communication session 230 is typically a single hash. However, in one embodiment, there may be a separate hash of the date and a separate hash of the time.” Deole ¶ 52, as combined with Speasl)
wherein the second digital signature is generated by the second processing device applying the second cryptographic digital signature algorithm to the second data, the first digest (“a digital signature is computed by generating a hash digest—optionally using a secure hash algorithm such as SHA-0, SHA-1, SHA-2, or SHA-3—of the captured media, and optionally of the metadata as well.” Speasl ¶ 115. Metadata includes date as seen in Speasl ¶ 113) and also to the second secret number. (“The hash of the date/time of the communication session 230 is typically a single hash. However, in one embodiment, there may be a separate hash of the date and a separate hash of the time.” Deole ¶ 52, as combined with Speasl. Deleeuw ¶ 39)
As to claim 5, Speasl in view of Deole and Deleeuw discloses the method of claim 2 and further discloses:
wherein each of the first and second secret numbers is a one-time password (OTP), such as a time-based OTP, TOTP.
(“In order for a trusted party to regenerate a given PRN in a sequence generated by the PRNG0, in addition to the actual algorithm employed by the PRNG0, the party may be provided with a seed used to initialize the PRNG0, as well as the number of steps taken to reach the given PRN from the PRNG0.” Deleeuw ¶ 39)
As to claim 10, Speasl in view of Deole discloses the device of claim 9 and further discloses:
wherein the first and second processing devices are set up to synchronously in time generate a respective same second secret number, wherein the first processing device is further configured to: (“a timestamp identifying date and time of capture…. , time, date, time zone, title, ” Speasl ¶ 113. See Speasl ¶ 111, media searchable by date and time.) “Each successive PRN is generated by operation of the algorithm on the previous PRN. In order for a trusted party to regenerate a given PRN in a sequence generated by the PRNG0, in addition to the actual algorithm employed by the PRNG0, the party may be provided with a seed used to initialize the PRNG0, as well as the number of steps taken to reach the given PRN from the PRNG0.” Deleeuw ¶ 39. Deleeuw ¶ 34, PRNG0 on multiple devices.)
- generate the first digital signature based additionally on a second digest, which second digest is generated by applying a second cryptographic digest algorithm to the second secret number, and (“there may be a separate hash of the date and a separate hash of the time.” Deole ¶ 52.)
- incorporate the second digest in the first data sequence; and (Speasl ¶¶ 113 and 115 as combined with the date hash of Deole)
wherein the second processing device is further configured to:
- generate the second digital signature based additionally on the second secret number, and (“a digital signature is computed by generating a hash digest—optionally using a secure hash algorithm such as SHA-0, SHA-1, SHA-2, or SHA-3—of the captured media, and optionally of the metadata as well.” Speasl ¶ 115. Metadata includes date as seen in Speasl ¶ 113)
- incorporate the second secret number in the second data sequence. (“Assuming the authentication of step 1335 was successful, a certified media dataset is generated by bundling the media, metadata, and the encrypted digital signature, for example in a zip file or other compressed archive file. The public key may also be bundled with them, though additional security may be provided by publishing it elsewhere to a trusted authentication server. At step 1345, the certified media dataset (and optionally the public key) is transmitted to a secondary device” Speasl ¶ 117. Deleeuw ¶ 39)
As to claim 11, Speasl in view of Deole discloses the device of claim 9 and further discloses:
wherein the first and second processing devices are different processing devices with synchronized clocks. (“a timestamp identifying date and time of capture…. , time, date, time zone, title, ” Speasl ¶ 113. See Speasl ¶ 111, media searchable by date and time.)
As to claim 12, Speasl in view of Deole discloses the device of claim 9 and further discloses:
wherein the first and second processing devices are comprised in a single device, such as in a single monitoring camera, or in two different devices, such as in two different monitoring cameras. (“The system is made of an unlimited number of mobile devices, users and cloud real-time communicative secure data interactive system that captures, collects, certifies media simultaneously using a secure mobile application on a digital device while organizing and using the information from the collection process and details contained within the media; such as who, where, why, how, and other metadata; location, orientation, time/date, elevation, camera heading, acceleration, metadata, velocities” Speasl ¶ 96)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892, particularly:
O’Connell et al., US 11,205,102, discloses tamper proof logging using a pseudo random number to tag entries.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W CHAO whose telephone number is (571)272-5165. The examiner can normally be reached M, W-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rupal Dharia can be reached at (571) 272-3880. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W CHAO/ Primary Examiner, Art Unit 2492
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