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 .
DETAILED ACTION
1. This action is responsive to: an original application filed on 21 March 2025.
2. Claims 1-20 are currently pending and rejected.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 21 March 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
4. Priority date claimed has been noted by the examiner.
Drawings
5. The drawings filed on 21 March 2025 are accepted by the examiner.
Double Patenting
6. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents /process/ file/efs/guidance /eTD-info-I.jsp.
Claims 1-20 are rejected under the grounds of non-statutory obviousness-type double patenting, as they are deemed unpatentable over claims 1-20 of US Patent application No. 18/515,155. Although the conflicting claims are not identical, they are considered not patentably distinct from one another, as they convey the same inventive concept. Specifically, both sets of claims disclose a method for secure communication with an automobile using encrypted message. Furthermore, it would have been obvious to one of ordinary skill in the art, at the time of the invention’s filing, to employ this approach to add additional security to identify Friend or Foe (IFF(, thereby rendering the claims unpatentable.
Claim Rejections - 35 USC § 102
7. 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 –
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 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.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected 35 U.S.C §102 (a)(1) as being anticipated by Schieke et al. (US Publication No. 20180232971), hereinafter Schieke.
Regarding claim 1:
An apparatus comprising: an integrated circuit (Schieke, ¶41), Processor 622 may include a microprocessor, a microcontroller including a microprocessor, an application processor, a digital signal processor, or any other type of data processing device. Decryption/encryption circuitry 624 may include any known or suitable decryption and/or encryption algorithms stored in memory and executable by processor 622 to decrypt and/or encrypt data related to an access authentication process.
and a secure communication interface that includes a radio link to allow the integrated circuit to communicate with a vehicle (Schieke, ¶5, ¶60), vehicle-side authentication unit 12 may generate and wirelessly transmit an authentication challenge upon detecting an access triggering event. The access triggering event could include a person touching a door handle or other part of the vehicle, or authentication unit 12 wirelessly detecting a nearby presence of mobile access device 14 (e.g., using radio-frequency identification (RFID), near-field communication (NFC), or other communication technology), for example. The authentication challenge may include a randomly generated number. Authentication unit 12 may transmit the authentication challenge via low frequency (LF) radio waves, e.g., at 125 kHz.
wherein the integrated circuit is to: receive a first message comprising an encrypted data from the vehicle over the radio link (Schieke. ¶8-9, FIG.5), authentication unit 12 receives the encrypted challenge response from mobile access device 14, and determines whether the encrypted challenge response matches the encrypted response calculated at 110. If the challenge response is a match, authentication unit 12 may unlock the vehicle door(s) or otherwise provide access to the vehicle. If not, authentication unit 12 may ignore the challenge response or generate a failed access notification, as discussed above. As a functionally similar alternative to steps 110 and 112, authentication unit 12 may use the shared key 30 to decrypt the encrypted challenge response received from mobile access device.
wherein the encrypted data is associated with a first public cryptographic key (Schieke, ¶59, FIG.6), Encryption/decryption unit 646 may include any known or suitable encryption and/or decryption algorithms stored in memory and executable by processor 644 to encrypt and/or decrypt data related to an access authentication process, e.g., using any suitable or known symmetric-key cryptography or shared secret encryption/decryption, asymmetric cryptography or public-key encryption/decryption, any encryption/decryption algorithms or protocols utilizing or based on hash functions, data encryption standard.
and transmit a second message to the vehicle that is associated with a private key generated in response to the first public cryptographic key (Schieke, ¶60), vehicle-side authentication unit 612 and mobile access device 614 may be configured to perform any operations for generating and authenticating an access request from mobile access device 614. For example, vehicle-side authentication unit 612 may be configured to generate and wirelessly transmit an authentication challenge (e.g., including a random number); mobile access device 614 may be configured to receive the authentication challenge, generate an encrypted challenge response that includes MAD-side environmental data collected by MAD-side environmental sensor(s) 620, and wirelessly transmit the encrypted challenge response; and vehicle-side authentication unit 612 may be further configured to receive and analyze the encrypted challenge response to authenticate the challenge response and determine whether to provide access to the vehicle.
Regarding claim 2:
wherein the second message includes data comprising spatial state information of the apparatus and the encrypted data from the first message (Schieke, ¶63).
Regarding claim 3:
wherein the spatial state information includes location, sound recorded by a microphone, and/or accelerometer data (Schieke, ¶63, ¶52).
Regarding claim 4:
wherein the integrated circuit is to encrypt the second message and transmit back to the vehicle, and wherein the second message is decrypted with an asymmetric private key by the vehicle to authenticate the apparatus (Schieke, ¶9).
Regarding claim 5:
wherein the vehicle performs an action based at least in part on the data included in the second message (Schieke, ¶11).
Regarding claim 6:
wherein if the data indicates approach towards a trunk or a hatch of the vehicle, the action includes unlocking or opening the trunk or the hatch of the vehicle (Schieke, ¶42).
Regarding claim 7:
wherein if the data indicates an approach towards a door of the vehicle, the action includes unlocking or opening the door of the vehicle (Schieke, ¶11).
Regarding claim 8:
wherein the radio link is one of a near-field radio link or a far-field radio link (Schieke, ¶5).
Regarding claim 9:
wherein the first message includes a challenge to authenticate the apparatus (Schieke, abstract).
Regarding claim 10:
wherein the first message includes a random number to authenticate the apparatus (Schieke, ¶7).
Regarding claim 11:
wherein the vehicle is configured to encrypt the first message with a key to generate the first message (Schieke, ¶14).
Regarding claim 12:
An apparatus comprising: an integrated circuit (Schieke, ¶41), Processor 622 may include a microprocessor, a microcontroller including a microprocessor, an application processor, a digital signal processor, or any other type of data processing device. Decryption/encryption circuitry 624 may include any known or suitable decryption and/or encryption algorithms stored in memory and executable by processor 622 to decrypt and/or encrypt data related to an access authentication process.
and a secure communication interface that includes a radio link to allow the integrated circuit to communicate with a vehicle (Schieke, ¶5, ¶60), vehicle-side authentication unit 12 may generate and wirelessly transmit an authentication challenge upon detecting an access triggering event. The access triggering event could include a person touching a door handle or other part of the vehicle, or authentication unit 12 wirelessly detecting a nearby presence of mobile access device 14 (e.g., using radio-frequency identification (RFID), near-field communication (NFC), or other communication technology), for example. The authentication challenge may include a randomly generated number. Authentication unit 12 may transmit the authentication challenge via low frequency (LF) radio waves, e.g., at 125 kHz.
wherein the integrated circuit is to: receive an encrypted message from the vehicle, wherein the encrypted message is based on a random number and is encrypted with an asymmetric key (Schieke. ¶6-9, ¶59, FIG.5), authentication unit 12 receives the encrypted challenge response from mobile access device 14, and determines whether the encrypted challenge response matches the encrypted response calculated at 110. If the challenge response is a match, authentication unit 12 may unlock the vehicle door(s) or otherwise provide access to the vehicle. If not, authentication unit 12 may ignore the challenge response or generate a failed access notification, as discussed above. As a functionally similar alternative to steps 110 and 112, authentication unit 12 may use the shared key 30 to decrypt the encrypted challenge response received from mobile access device.
decrypt the encrypted message with the asymmetric key to generate a decrypted message (Schieke. ¶9, ¶60), generate an encrypted challenge response that includes MAD-side environmental data collected by MAD-side environmental sensor(s) 620, and wirelessly transmit the encrypted challenge response; and vehicle-side authentication unit 612 may be further configured to receive and analyze the encrypted challenge response to authenticate the challenge response and determine whether to provide access to the vehicle. For example, e.g., as discussed below with respect to FIG. 6, vehicle-side authentication unit 612 may decrypt the encrypted challenge response from mobile access device 614, identify the MAD-side environmental data from the decrypted challenge response, and apply environmental data criteria 627 to analyze the MAD-side environmental data with respect to (a) vehicle-side environmental data collected by vehicle-side environmental sensor(s) 620, (b) environmental reference data 628 stored by authentication unit 612, and/or (c) any other reference data or criteria.
combine the decrypted message with locally generated data to create a second message, wherein the locally generated data comprises spatial state data that includes location, sound recorded by a microphone (Schieke, ¶69, ¶11, ¶77), mobile access device 614 may generate a multi-part MAD key 550A that includes (a) a shared key portion 530 including shared key data known by both mobile access device 614 and vehicle-side authentication unit 612 and (b) an environmental data portion 532A including MAD-side environmental data collected at 506 (or data generated from such MAD-side environmental data).
and accelerometer data (Schieke, ¶52), accelerometer(s) or other orientation sensor(s) configured to detect a physical orientation of mobile access device 614, a movement direction, movement speed, movement status (e.g., moving vs. stationary), or any other orientation or movement parameters,
encrypt the second message to generate an encrypted second message (Schieke, ¶60, ¶11, ¶41), decrypting and/or encrypting data. Wireless communication interfaces 626 may include any devices for wirelessly transmitting and/or receiving data, e.g., a distinct wireless transmitter and wireless receiver, or a combined wireless transceiver.
and send the encrypted second message to the vehicle (Schieke, ¶60, ¶69-70), random number or other unique information included in the authentication challenge. At 410, mobile access device 614 may execute a suitable encryption algorithm 646 to encrypt the combined data using a shared key 430 to form an encrypted challenge response, and wirelessly transmit the encrypted challenge response at 412.
wherein the encrypted second message is decrypted by the vehicle with the asymmetric key and then the random number is verified for a match (Schieke, Fig.7, ¶81), authentication unit 612 may wirelessly receive the encrypted challenge response transmitted by mobile access device 614 at 512, and may execute a suitable decryption algorithm 624 to decrypt the encrypted challenge response using the multi-part vehicle key 550B, to thereby identify the random number or other unique information included in the challenge response. At 520, authentication unit 612 may determine whether the random number or other unique information identified from the challenge response matches the random number or other unique information included in the authentication challenge generated at 502. If the data do not match, authentication unit 612 may ignore the challenge response and/or output a notification indicating a failed access attempt at 522. Alternatively, if the data do match, authentication unit 612 may determine that the challenge response is authenticated, and thus generate a vehicle access command, e.g., an unlock command, to provide access to the vehicle at 524.
Regarding claim 13:
wherein the integrated circuit is to send the encrypted second message over a far-field radio link (Schieke, ¶5).
Regarding claim 14:
wherein the integrated circuit is to send the encrypted second message over a Bluetooth® compatible radio link (Schieke, ¶66).
Regarding claim 15:
wherein the integrated circuit is to send the encrypted second message over a near-field radio link (Schieke, ¶5).
Regarding claim 16:
wherein the integrated circuit is to send the encrypted second message over a radio link at 13.56 MHz (Schieke, ¶6).
Regarding claim 17:
wherein the encrypted message includes an encrypted version of the random number (Schieke, ¶7).
Regarding claim 18:
wherein the spatial state data comprises GPS coordinates (Schieke, ¶20).
Regarding claim 19:
wherein the integrated circuit is to repeatedly send the encrypted second message with updated locally generated data (Schieke, ¶52).
Regarding claim 20:
wherein the integrated circuit is to send an encrypted third message that includes the locally generated data (Schieke, abstract).
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Monjour Rahim whose telephone number is (571)270-3890.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shewaye Gelagay can be reached on 571-272-4219. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monjur Rahim/
Patent Examiner
United States Patent and Trademark Office
Art Unit: 2436; Phone: 571.270.3890
E-mail: monjur.rahim@uspto.gov
Fax: 571.270.4890
Prosecution Insights