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 .
Specification
The disclosure is objected to because of the following informalities: The specification should be updated to reflect the current status of all co-pending applications.
Appropriate correction is required.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,284,519. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application has essentially the same claim scope as the ‘519 patent, and therefore is anticipated by the ‘519 patent.
Claim 1 of ‘519 patent
Claim 1 of instant application
A method of facilitating secure communications between a display device and a sensor system for measuring analyte levels, comprising:
A display device for receiving analyte data from a sensor system, the display device comprising:
a memory comprising executable instructions; and
a processor in data communication with the memory and configured to execute the instructions to cause the display device to:
executing, at an application layer of the display device, a password authenticated key exchange (PAKE) protocol with the sensor system to derive an authentication key;
execute, at an application layer of the display device, a password authenticated key exchange (PAKE) protocol with the sensor system to derive an authentication key;
executing, at the display device, an authenticated pairing protocol with the sensor system, wherein the executing of the authenticated pairing protocol comprises:
execute an authenticated pairing protocol with the sensor system, wherein the executing of the authenticated pairing protocol comprises:
receiving, at the display device from the sensor system, an indication of a first input/output (I/O) capability, wherein the sensor system is not configured with the first I/O capability;
receiving, from the sensor system, an indication that the sensor system has a first input/output (I/O) capability, even though the sensor system is not configured with the first I/O capability;
obtaining a passkey that is derived from the authentication key at the application layer of the display device; and
obtaining a passkey that is derived from the authentication key at the application layer of the display device; and
authenticating the sensor system by verifying that the passkey matches another passkey generated at the sensor system, wherein the other passkey is derived by the sensor system from executing the PAKE protocol at an application layer of the sensor system;
authenticating the sensor system by verifying that the passkey matches another passkey generated at the sensor system, wherein the other passkey is derived by the sensor system from executing the PAKE protocol at an application layer of the sensor system;
after the authenticating is successful, establishing an encrypted connection between the display device and the sensor system; and
after the authenticating is successful, establish an encrypted connection with the sensor system; and
receiving, at the display device from the sensor system, analyte data indicative of measured analyte levels via the encrypted connection.
receive, from the sensor system, analyte data indicative of measured analyte levels via the encrypted connection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Desai et al. US 12,462,006
Koutras, Dimitris et al. “Security in IoMT Communications: A Survey”. Sensors 2020, 20, 4828. www.mdpi.com/journal/sensors. 49 pages. 26 August 2020.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey R. Swearingen whose telephone number is (571)272-3921. The examiner can normally be reached M-F 8:00 am - 5:00 pm.
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Jeffrey R. Swearingen
Primary Examiner
Art Unit 2445
/Jeffrey R Swearingen/Primary Examiner, Art Unit 2445
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