DETAILED ACTION
Claims 1-20 are pending. This application is a Continuation of 18/096,374, filed on January 12, 2023, as Patent 12,348,617.
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 .
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.
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Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,348617. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite similar features as follows:
identify at least one data container, wherein the at least one data container comprises encrypted data;
determine at least one encryption associated with the encrypted data of the data container;
receive at least one encryption key associated with the encrypted data;
receive a string that has been generated for the data of the data container, wherein the string comprises each historical location identifier of historical data containers that previously stored the encrypted data and a current location identifier of the encrypted data associated with the encrypted data; and
decrypt the encrypted data of the data container based on the at least one encryption key
identify at least one data container, wherein the at least one data container comprises encrypted data;
determine at least one encryption associated with the encrypted data of the data container;
receive at least one encryption key associated with the encrypted data;
receive a plurality of tags associated with the encrypted data, wherein the plurality of tags comprises each historical location identifier of historical data containers that previously stored the encrypted data and a current location identifier of the encrypted data associated with the encrypted data; generate a string for the data of the data container, wherein the string comprises the plurality of tags in sequential order from a first historical location identifier to the current location identifier; and
decrypt the encrypted data of the data container based on the at least one encryption key
Claims 10-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,348617. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite similar features in view of the same reasoning presented above.
Claims 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12,348617. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite similar features as in view of the same reasoning presented in claim 1-9 rejection.
Examiner Comment
There is no art rejection, since there is no art teaching a string that has been generated for the data of the data container, wherein the string comprises each historical location identifier of historical data containers that previously stored the encrypted data and a current location identifier of the encrypted data associated with the encrypted data.
Prior art of record not relied upon but pertinent to application disclosure
Pub 20130212704 (using token comprise a user ID and a provider ID to as a key to access data containers.
Inquiry communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI M TRAN whose telephone number is (571)270-1994. The examiner can normally be reached Mon-Fri: 9am-5pm.
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/TRI M TRAN/Primary Examiner, Art Unit 2432
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