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 .
Claim Rejections - 35 USC § 101 (Non-Statutory)
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The claimed invention is directed to non-statutory subject matter. The claims 17, 18 do not fall within at least one of the four categories of patent eligible subject matter because Claims 17 is directed to “An image file comprising:…” and claim 18 is directed to “An information creation apparatus comprising: a processor…” (software and signal per se) a non-statutory subject matter. The client shall recite “non-transitory storage medium”, a ‘memory’ or a “hardware processor” to overcome this rejection.
Claim Rejections - 35 USC § 101 (abstract Idea)
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-19are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1, 17, 18, 19 recite in part process steps which, under the broadest reasonable interpretation, are a series of mental processes including an observation, evaluation, judgment or opinion that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process or a mathematical concept but for the recitation of generic computer components, then it falls within the "Mental Process" grouping of abstract ideas. Therefore, claims 1-19 recite an abstract idea. This judicial exception is not integrated into a practical application. As described in MPEP 2106.0S(g), limitations that amount to merely adding insignificant extra-solution activity to a judicial exception cannot integrate a judicial exception into a practical application. Therefore, claims 1-19 are directed to a judicial exception.
Claims 1-19 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Claims 1-19 are not patent eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yaffe et al (Pub. No. US 2021/0287322).
As per claim 1, Yaffee discloses an information creation method comprising: an acquisition step of acquiring relevant information related to image data (generate compressed reference data for the image at the time of image acquisition, see par. 21);an encryption step of generating first encryption information by encrypting the relevant information (hash and sign the compressed reference data using a private key maintained by the sensor…see par. 21); and an accessory step attaching accessory information directly or indirectly to the image data, wherein the accessory information includes the first encryption information (…the hashed and signed compressed reference data may, for example, be stored within the primary image as metadata, see par. 21) and period information, which is related to a period in which the first encryption information is generated (…secured time signature may be included to indicate all information was acquired/combined at the same time…see par. 43, fig.4).
As per claim 17, Yaffee discloses an image file (hash and sign the compressed reference data using a private key maintained by the sensor…see par. 21, 51) comprising: accessory information of image data, wherein the accessory information includes first encryption information obtained by encrypting relevant information related to the image data (hash and sign the compressed reference data using a private key maintained by the sensor…see par. 21), and period information, which is related to a period in which the first encryption information is generated (…secured time signature may be included to indicate all information was acquired/combined at the same time…see par. 43, fig.4).
As per claim 18, Yaffee discloses an information creation apparatus comprising: a processor, wherein the processor is configured to: acquire relevant information related to image data (generate compressed reference data for the image at the time of image acquisition, see par. 21); generate first encryption information by encrypting the relevant information (hash and sign the compressed reference data using a private key maintained by the sensor…see par. 21); and attach accessory information directly or indirectly to the image data, and the accessory information includes the first encryption information (…the hashed and signed compressed reference data may, for example, be stored within the primary image as metadata, see par. 21) and period information, which is related to a period in which the first encryption information is generated (…secured time signature may be included to indicate all information was acquired/combined at the same time…see par. 43, fig.4).
As per claim 19, Yaffee discloses a non-transitory computer-readable storage medium storing a program executable by a computer to execute a process, the process comprising: an acquisition step of acquiring relevant information related to image data (generate compressed reference data for the image at the time of image acquisition, see par. 21); an encryption step of generating first encryption information by encrypting the relevant information (hash and sign the compressed reference data using a private key maintained by the sensor…see par. 21); and an accessory step of attaching accessory information directly or indirectly to the image data, wherein the accessory information includes the first encryption information (…the hashed and signed compressed reference data may, for example, be stored within the primary image as metadata, see par. 21) and period information, which is related to a period in which the first encryption information is generated, or reliability information (…secured time signature may be included to indicate all information was acquired/combined at the same time…see par. 43, fig.4).
As per claim 3, Yaffee discloses wherein the accessory step includes a creation step of creating an image file including the relevant information and the first encryption information (all information may be stored within the image file. As an alternative, this information may be stored in a database that is made available over the Internet or stored as a blockchain, par. 51).
As per claim 4, Yaffee discloses wherein the relevant information includes information indicating that modification or deletion is not allowed (the signed compressed reference data stays unmodified…par. 21).
As per claim 5, Yaffee discloses wherein the relevant information includes text information or a thumbnail image (par. 46).
As per claim 6, Yaffee discloses wherein the thumbnail image is an image that is not changed according to a change in the image data (par. 46).
As per claim 7, Yaffee discloses wherein, in the encryption step, the relevant information is subjected to hashing to generate the first encryption information, and the accessory information includes a hash function used for the hashing (par. 25-26).
As per claim 8, Yaffee discloses a generation step of generating verification information by using the relevant information and the hash function; and a comparison step of comparing the verification information with the first encryption information or first information generated based on the first encryption information (store the signed hash of this thumbnail and so, even as the primary image is modified, the compressed reference data and associated signed hash may remain the same for purposes of authenticating the primary image by comparing the reference data to the primary image at a later point…par. 22).
As per claim 9, Yaffee discloses wherein, in a case where the first information is generated based on the first encryption information, the first encryption information is information generated based on a first hash value obtained by performing the hashing on the relevant information and a private key, and the first information is a second hash value generated based on the first encryption information and a public key (fig.1, par. 25-26).
As per claim 10, Yaffee discloses wherein the accessory information includes the public key or information required for acquiring the public key (par. 25-26).
As per claim 11, Yaffee discloses wherein the encryption step is automatically executed after the acquisition step (par. 25-26).
As per claim 12, Yaffee discloses wherein the acquisition step is automatically executed after the image data is acquired (par. 21, 43, fig.4).
As per claim 13, Yaffee discloses an imaging step of performing imaging to acquire the image data, wherein the acquisition step is automatically executed after the imaging step (par. 21, 43, fig.4).
As per claim 14, Yaffee discloses wherein the relevant information includes imaging person information, imaging time information, imaging apparatus position information, or subject position information (par. 31-32).
As per claim 15, Yaffee discloses wherein, in the encryption step, second encryption information obtained by encrypting the image data is generated, and in the accessory step, the second encryption information is attached to the image data as the accessory information (see par. 21).
As per claim 16, Yaffee discloses wherein, in the accessory step, the accessory information is recorded on a recording medium and access information to the accessory information is recorded in an image file including the image data to indirectly attach the accessory information to the image data (see par. 51).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yaffe et al (Pub. No. US 2021/0287322) in view of Jordan et al (Pub. No. US 2020/0275166).
As per claim 2, Yaffe does not explicitly disclose wherein the accessory information includes a plurality of pieces of the first encryption information having different pieces of the period information. However Jordan discloses wherein the accessory information includes a plurality of pieces of the first encryption information having different pieces of the period information (par. 21-22). Therefore one ordinary skill in the art would have found it obvious before the effective filling date of the claimed invention to use Jordan in Yaffe for including the above limitations because one ordinary skill in the art would recognize it would further improve verifying the provenance of digital content with proving authenticity of original digital content even as it is edited, transformed, re-encoded…par. 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see PTO-form 892).
The following Patents and Papers are cited to further show the state of the art at the time of Applicant’s invention with respect to an information creation capable of improving security of relevant information related to image data.
Lu et al (Pub. No. US 2013/0080773); “File Protecting Method and a System Therefor”;
-Teaches the filter driver reads the protected file through the file system, decrypts it with a key stored in an encryption lock connected with a host, obtains plain text, stores the plain text on the virtual disk as data of the image file, names the image file randomly, as the image file; after receiving the instruction for reading the protected file, the reading the protected file comprises: the application sends an instruction for reading the protected file based on the handler…see par. 8.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GHAZAL B SHEHNI whose telephone number is (571)270-7479. The examiner can normally be reached Mon-Fri 9am-5pm PCT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Chea can be reached at 5712723951. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GHAZAL B SHEHNI/Primary Examiner, Art Unit 2499
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