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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Rejections - 35 USC § 103
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 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, 5, 7-9, 12-13, 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2016/0246585 by Li et al. in view of U.S. Patent Application Publication no. 2023/0007489 by Buron et al.
As to claim 1, Li discloses a first device, comprising:
one or more components configured to:
receive, from a second device, a first nonce associated with initiating a firmware update (Li: Fig 3; Page 4, Sec 31 -35; EUICC provides ID and nonce to firmware provider in response to receiving indication of availability of update);
generate, for the firmware update, a firmware update package including authentication information (Li: Fig 3; Page 4, Sec 31 -35; Firmware provider generates firmware update package including update and authentication information);
transmit, for the firmware update and to the second device, the second nonce based on receiving the first nonce (Li: Fig 3; Page 4, Sec 31 -35; (Li: Fig 3; Page 4, Sec 31 -35; firmware update package including authentication information);
receive, for the firmware update and from the second device, a firmware update message that is signed by a digital signature (Li: Fig 3; Page 4, Sec 31 -35; firmware update package received);
verify the firmware update message based on the first nonce, the second nonce, and the digital signature (Li: Fig 3; Page 4, Sec 31 -35; firmware update package validated); and
perform an action based on verifying the firmware update message Li: Fig 3; Page 4, Sec 31 -35; restart with updated firmware if validated).
Li does not expressly disclose to generate a second nonce.
Buron discloses generating a second nonce (Buron: Page 1, Sec 14 and Claim 13; second nonce used for verification).
Li and Buron are analogous art because t hey are from t e common area of software updates.
It would have been obvious to one of ordinary skill, at or before the effective filing date of the instant application, to use the second nonce of Buron in the system of Li. The rationale would have been to keep track of a value for a node (Buron: Page 1, Sec 14).
As to claim 5, the modified Li/Buron reference further discloses wherein the one or more components, to perform the action, are configured to: update a firmware file of the first device using the firmware update message if the firmware update message is verified, or reject the firmware update message if the firmware update message is not verified (Li: Fig 3; Page 4, Sec 31 -35).
As to claim 7, the modified Li/Buron reference further discloses wherein the one or more components are further configured to: receive, from a third device, the first nonce associated with initiating a different firmware update; generate a third nonce for the different firmware update; and transmit, for the different firmware update session and to the third device, the third nonce, wherein the first nonce and the third nonce are used for verification during the different firmware update (Li: Fig 3; Page 4, Sec 31 -35 and Buron: Page 1, Sec 14 and Claim 13; this is merely claim 1 rested and applied to a new pair of devices).
As to claim 8, the modified Li/Buron reference discloses a first device, comprising: one or more components configured to:
transmit, to a second device, a first nonce associated with initiating a firmware update (Li: Fig 3; Page 4, Sec 31 -35);
receive, for the firmware update and from the second device, a second nonce based on transmitting the first nonce (Li: Fig 3; Page 4, Sec 31 -35 and Buron: Page 1, Sec 14 and Claim 13);
generate a hash function based on a firmware update message, the first nonce, and the second nonce (Li: Fig 3; Page 4, Sec 31 -35 and Buron: Page 1, Sec 14 and Claim 13);
generate a digital signature using the hash function and a private key (Li: Fig 3; Page 4, Sec 31 -35 and Buron: Page 1, Sec 14 and Claim 13); and
transmit, for the firmware update and to the second device, the firmware update message that is encrypted by the digital signature (Li: Fig 3; Page 4, Sec 31 -35).
As to claim 9, the modified Li/Buron reference further discloses wherein the one or more components are further configured to: generate the first nonce in association with initiating the firmware update (Li: Fig 3; Page 4, Sec 31 -35).
As to claim 12, the modified Li/Buron reference further discloses wherein the first device is a server device and the second device is a memory device (Li: Fig 3; Page 4, Sec 31 -35).
As to claim 13, the modified Li/Buron reference discloses a method performed by a first device, comprising:
receiving, from a second device, a first nonce associated with initiating a firmware update (Li: Fig 3; Page 4, Sec 31 -35);
generating, for the firmware update, a second nonce (Li: Fig 3; Page 4, Sec 31 -35 and Buron: Page 1, Sec 14 and Claim 13);
transmitting, for the firmware update and to the second device, the second nonce based on receiving the first nonce(Li: Fig 3; Page 4, Sec 31 -35 and Buron: Page 1, Sec 14 and Claim 13);
receiving, for the firmware update and from the second device, a firmware update message that is signed by a digital signature (Li: Fig 3; Page 4, Sec 31 -35);
verifying the firmware update message based on the first nonce, the second nonce, the digital signature (Li: Fig 3; Page 4, Sec 31 -35 and Buron: Page 1, Sec 14 and Claim 13); and
performing an action associated with the firmware update message based on verifying the firmware update message (Li: Fig 3; Page 4, Sec 31 -35).
As to claim 17, the modified Li/Buron reference further discloses wherein performing the action comprises: updating firmware file of the first device using the firmware update message if the firmware update message is verified, or rejecting the firmware update message if the firmware update message is not verified (Li: Fig 3; Page 4, Sec 31 -35).
As to claim 19, the modified Li/Buron reference further discloses further comprising: receiving, from a third device, the first nonce associated with initiating a different firmware update; generating a third nonce for the different firmware update; and transmitting, for the different firmware update and to the third device, the third nonce, wherein the first nonce and the third nonce are used for verification during the different firmware update (Li: Fig 3; Page 4, Sec 31 -35 and Buron: Page 1, Sec 14 and Claim 13).
As to claim 20, the modified Li/Buron reference further discloses wherein the second device is a server device (Li: Fig 3; Page 4, Sec 31 -35).
Allowable Subject Matter
Claims 2-4, 6, 10-11, 14-16 and 18 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.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2016/0020903 by de Perthuis discloses using a nonce for encryption of a firmware update
U.S. Patent Application Publication No. 2019/0220611 by Nix discloses using a none in a firmware update process
U.S. Patent Application Publication No. 2023/0394160 by Patel discloses using a none in a firmware update process
U.S. Patent Application Publication No. 2025/0240172 by Lin discloses using a none in a firmware update process
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S MCNALLY whose telephone number is (571)270-1599. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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MICHAEL S. MCNALLY
Primary Examiner
Art Unit 2432
/Michael S McNally/Primary Examiner, Art Unit 2432
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