DETAILED ACTION
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 by applicant dated 04/14/2025 has been considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3-4, 7-15, 17-18, and 20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2, 4-8, 10, 12-13, 16, 18 and 20 of USPN 12,238,075 (Appl. No: 18/349247). Although the claims at issue are not identical, they are not patentably distinct from each other. (see Claim-Comparison Table below for independent claim 1 of the instant application against Claims 1 and 20 of 12,238,075).
Claim
Application#19/046355
Claim
USPN # 12,238,075
1
receiving, by a first node of a mesh network, a message;
determining, by the first node, a security key type based on a weighted combination of a plurality of resource parameters associated with the first node or a neighbor node included in the mesh network;
securing, by the first node, the message using a security key of the security key type; and
transmitting, by the first node, the secured message to the neighbor node.
1 & 20
receiving, by a first node of a mesh network, a message;
determining, by the first node, a security key type based on a resource parameter associated with a neighbor node included in the mesh network;
securing, by the first node, the message using a security key of the security key type; and transmitting, by the first node, the secured message to the neighbor node;
wherein the resource parameter associated with the neighbor node comprises at least one of an amount of memory used to decrypt the secured message at the neighbor node, an amount of power used to decrypt the secured message at the neighbor node, or an indication of an amount of power remaining at the neighbor node.
wherein determining the type of the security key comprises determining the type by applying a tunable weighting algorithm to the one or more resource parameters.
Claims 3-4, 7-15, 17-18, and 20 of the instant application is equivalent in scope with Claims 1-2, 4-8, 10, 12-13, 16, 18 and 20 of USPN 12,238,075.
Allowable Subject Matter
Claims 1, 3-4, 7-15, 17-18, and 20 would be allowable if a terminal disclaimer is timely filed to overcome the double patenting rejection, set forth in this Office action.
Claims 2,5-6,16 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The closest prior art made of record are:
Jana et al. US2020/0084620 teaches method and system for establishing an encrypted connection between a first node and a second node in a wireless mesh network. The first node receives, from a provisioner node in the wireless mesh network, a first value encrypted with a device-specific encryption key known only to the first node and the provisioner node, wherein the second node receives, from the provisioner node, the first value encrypted with a second device-specific encryption key, generates a friendship-specific encryption key based on the first value, an identifier of the first node, and an identifier of the second node, wherein the second node generates the friendship-specific encryption key, sends, to the second node, a first message encrypted with the friendship-specific encryption key, and receives, from the second node, a second message encrypted with the friendship-specific encryption key.
Benbrahim US2006/0063594 teaches method and system for negotiating communications within a network. Receiving a request at an arbiter from a first network device for a communication session between the first network device and a second network device, providing a first encryption key from the arbiter to the first network device, providing verification of the authenticity of the first network device to the second network device, providing a second encryption key from the arbiter to said second network device.
Taylor et al. USPN8,775,791 teaches method and system for secure messaging between devices. Exchanging encryption keys with a mobile device for effecting independent encryption between the mobile device and the application gateway server, including a first set of keys for encrypting messages to the mobile device and a second set of keys for decrypting messages from the mobile device, wherein the first set of keys provides different speeds of decryption and encryption at the mobile device than the second set of keys, and wherein the first set of keys is selected to provide faster decryption performance at the mobile device, and the second set of keys is selected to provide faster encryption performance at the mobile device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY TSANG whose telephone number is (571)270-7959. The examiner can normally be reached M-F 9am - 5pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Farid Homayounmehr can be reached at (571) 272-3739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HENRY TSANG/Primary Examiner, Art Unit 2495
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