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
This is a reply to the application filed on 6/12/2025, in which, claim(s) 1-20are pending.
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/12/2025, 7/3/2025, 7/29/2025, has been reviewed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner is considering the information disclosure statement.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
The drawings filed on 6/12/2025 is/are accepted by The Examiner.
Claim Objections
Claims 3-13 are objected to because of the following informalities:
The claims reciting back to both network apparatus or method of claim 1, which is improper. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1 and the intervening claim(s) 3-13 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim limitations “a network apparatus configured to…” in claim 1 are limitations that invoke 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for the claimed function. The specification does not adequately disclose the structure to perform the functions of the claim. The corresponding structure must be more than a mere reference to a general purpose computer, microprocessor, specialized computer, or an undefined component of a computer system, software, logic, code, or black box element.
Pursuant to 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181, applicant should:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112, sixth paragraph; or
(b) Amend the written description of the specification such that it expressly recites the corresponding structure, material, or acts that perform the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) State on the record what corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function.
Claim Rejections - 35 USC § 101
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.
Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
With respect to claim 14, computer programs claimed as computer listings per se, i.e., the descriptions or expressions of the programs, are not physical “things.” They are neither computer components nor statutory processes, as they are not “acts” being performed. Such claimed computer programs do not define any structural and functional interrelationships between the computer program and other claimed elements of a computer which permit the computer program’s functionality to be realized. In contrast, a claimed non-transitory computer-readable medium encoded with a computer program is a computer element which defines structural and functional interrelationships between the computer program and the rest of the computer which permit the computer program’s functionality to be realized, and is thus statutory. See Lowry, 32 F.3d at 1583-84, 32 USPQ2d at 1035.
Claim Rejections - 35 USC § 101
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.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 15 recites, “A computer readable carrier medium…” from the specification paragraph(s), it states “[0061] Such a computer program may be encoded as executable instructions embodied in a carrier medium...”.
Based on cited disclosure above, it is determined that the computer readable medium carrying a signal. In addition, transitory forms of signal transmission through transmission medium such as radio broadcast, electrical signals through a wire, and light pulses through a fiber-optic cable, are embodiments that are not directed to statutory subject matter because those transmissions convey only information encoded in the manner are transitory (In re Nuijten 84 U.S.P.Q.2d 1495). Therefore, the claim(s) recites non-statutory subject matter.
Applicants' are suggested to amend the claim by replacing the term “computer readable carrier medium” with “A non-transitory computer readable carrier medium” to overcome the rejection.
Claim Rejections - 35 USC § 102
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 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)(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hassan et al. (US 20200162438 A1; hereinafter Hassan).
Regarding claims 1-2, 14-15, Hassan discloses a network apparatus configured to:
transmit network data to an internet of things (IoT) device, wherein the network data has a predetermined pattern of network packets (determining a level of encryption may classify the resources available to a device into three levels, high, medium, and may classify power levels into three levels, unlimited, long battery life, and short battery life, and may classify the sensitivity of the data being transferred into three levels, non-confidential, confidential, and secret. The RF transceivers may always specify low-level encryption for devices, such as simple IoT devices, having limited resources as they are unlikely to convey confidential or secret data. It may also specify low-level encryption for mobile devices that have long or short battery life and that transfer non-confidential information. Intermediate level encryption may be specified for mobile devices that transfer confidential information regardless of their battery life. High level encryption may be specified for devices having unlimited power levels. The attributes of the devices coupled to both of the transceivers are considered in selecting the encryption level. Thus, low-level encryption is specified when a device having unlimited power and a high level of resources communicates with an IoT device having low resource levels. Similarly, intermediate encryption may be specified when the device having unlimited power and the high level of resources communicates with a mobile device having low battery life transfers confidential information and high-level encryption may be specified for devices transferring secret data [Hassan; ¶41-42; Figs. 1-3 and associated texts]);
analyse network response behaviour of the IoT device to the network data to ascertain one or more performance characteristics of the IoT device (Each RF transceiver may use other measurements than power level to generate the sequence of symbols. In a packet-based system, for example, each of the transceivers may monitor packet latency measurements or bit error rate measurements to generate the sequence of symbols [Hassan; ¶37-38; Figs. 1-3 and associated texts]);
select an encryption algorithm for data communications with the IoT device based on the ascertained one or more performance characteristics (the RF transceivers determine their available resources and data sensitivities and, based on this determination select an encryption method. Once the encryption method is selected, the process creates a sequence of symbols, as described below with reference to FIGS. 5, 6A and 6B. FIG. 4 shows operation using a dashed-line block to indicate that it is an optional operation. As described above, devices, such as IoT devices, having limited processing power and less-sensitive data may employ a single, simple encryption/decryption operation. This device, however, may communicate with a more complex device. In this instance, the more complex device, may identify a level of encryption to use with the simple device from unencrypted packets received from the simple device and may select the simple encryption method accordingly [Hassan; ¶52-54, 67-71; Figs. 4-7 and associated texts]); and
cause the data communications to be encrypted using the selected encryption algorithm (determine their available resources and data sensitivities and, based on this determination select an encryption method [Hassan; ¶52-54; Figs. 4-7 and associated texts]).
Regarding claim 3, Hassan discloses the network apparatus or method of claim 1, wherein transmitting network data comprises transmitting a plurality of network packets having varying packet sizes, wherein analysing network response behaviour comprises measuring a response latency associated with each packet size and determining an estimated memory capability of the IoT device based on the response latency associated with each packet size, and wherein the encryption algorithm is selected based on the estimated memory capability (determine the type of encryption it will use based on the its device characteristics and the device characteristics of the other RF transceiver. The device characteristics of an RF transceiver may be characteristics of the RF transceiver and/or of a corresponding computing device coupled to the RF transceiver. In example embodiments, these characteristics include computing resources available to the RF transceiver and/or the corresponding device, the battery status of the RF transceiver and/or corresponding device, and/or on the sensitivity of the data being exchanged. To indicate available resources the each of the RF transceivers may exchange data including, without limitation, an indication of whether the RF transceiver and/or corresponding device has a high-level, medium-level, or low-level processor, an amount of its available memory, and an identification of specific encryption/decryption algorithms implemented on the RF transceiver. The sensitivity of the data being exchanged may be indicated as non-confidential, confidential, or secret. These indications may be provided by users of the one or more of the devices employing the RF transceivers. The battery power of an RF transceiver and/or corresponding device may be sent as a specific percentage or as a two-bit value indicating high, medium, or low. The sending RF transceiver may store the device characteristics sent to the other RF transceiver and the device characteristics received from the other RF transceiver for use in generating the encryption key [Hassan; ¶18-19, 31, 37-38, 62; Figs. 1-3 and associated texts]).
Regarding claim 4, Hassan discloses the network apparatus or method of claim 1, wherein transmitting network data comprises transmitting network packets at a plurality of transmission rates, wherein analysing network response behaviour comprises measuring a response latency associated with each transmission rate and determining an estimated processing capability of the IoT device based on the response latency associated with each transmission rate, and wherein the encryption algorithm is selected based on the estimated processing capability (determine the type of encryption it will use based on the its device characteristics and the device characteristics of the other RF transceiver. The device characteristics of an RF transceiver may be characteristics of the RF transceiver and/or of a corresponding computing device coupled to the RF transceiver. In example embodiments, these characteristics include computing resources available to the RF transceiver and/or the corresponding device, the battery status of the RF transceiver and/or corresponding device, and/or on the sensitivity of the data being exchanged. To indicate available resources the each of the RF transceivers may exchange data including, without limitation, an indication of whether the RF transceiver and/or corresponding device has a high-level, medium-level, or low-level processor, an amount of its available memory, and an identification of specific encryption/decryption algorithms implemented on the RF transceiver. The sensitivity of the data being exchanged may be indicated as non-confidential, confidential, or secret. These indications may be provided by users of the one or more of the devices employing the RF transceivers. The battery power of an RF transceiver and/or corresponding device may be sent as a specific percentage or as a two-bit value indicating high, medium, or low. The sending RF transceiver may store the device characteristics sent to the other RF transceiver and the device characteristics received from the other RF transceiver for use in generating the encryption key [Hassan; ¶18-19, 31, 37-38, 62; Figs. 1-3 and associated texts]).
Regarding claim 5, Hassan discloses the network apparatus or method of claim 4, wherein the estimated processing capability comprises one or more of a processor frequency, processor performance and number of processing cores (The processor uses the power level measurements to create the sequence of symbols that is used to generate the cryptographic key, as described below. The process of creating the sequence and the cryptographic key is described below with reference to FIGS. 2, 3, 4, and 5 [Hassan; ¶18-19, 31, 37-38, 62; Figs. 1-3 and associated texts]).
Regarding claim 6, Hassan discloses the network apparatus or method of claim 1, wherein ascertaining the one or more performance characteristics comprises using a performance characteristic lookup table to ascertain the one or more performance characteristics based on the network response behaviour of the IoT device (mapping (e.g., the sequence of pseudo-random numbers) may define a look-up-table (LUT) that maps input symbols into constellation symbols and vice versa [Hassan; ¶45-47; Figs. 2, 5 and associated texts]).
Regarding claim 7, Hassan discloses the network apparatus or method of claim 1, wherein ascertaining the one or more performance characteristics comprises using a trained classifier to ascertain the one or more performance characteristics based on the network response behaviour of the IoT device (classify the resources available to a device into three levels, high, medium, and may classify power levels into three levels, unlimited, long battery life, and short battery life, and may classify the sensitivity of the data being transferred into three levels, non-confidential, confidential, and secret [Hassan; ¶40-42; Figs. 2, 5 and associated texts]).
Regarding claim 8, Hassan discloses the network apparatus or method of claim 1, wherein selecting the encryption algorithm comprises selecting an encryption algorithm from a plurality of candidate encryption algorithms, wherein the selected encryption algorithm is the candidate encryption algorithm having the highest security level capable of being performed by the IoT device according to the ascertained one or more performance characteristics (determine the type of encryption it will use based on the its device characteristics and the device characteristics of the other RF transceiver. The device characteristics of an RF transceiver may be characteristics of the RF transceiver and/or of a corresponding computing device coupled to the RF transceiver. In example embodiments, these characteristics include computing resources available to the RF transceiver and/or the corresponding device, the battery status of the RF transceiver and/or corresponding device, and/or on the sensitivity of the data being exchanged. To indicate available resources the each of the RF transceivers may exchange data including, without limitation, an indication of whether the RF transceiver and/or corresponding device has a high-level, medium-level, or low-level processor, an amount of its available memory, and an identification of specific encryption/decryption algorithms implemented on the RF transceiver. The sensitivity of the data being exchanged may be indicated as non-confidential, confidential, or secret. These indications may be provided by users of the one or more of the devices employing the RF transceivers. The battery power of an RF transceiver and/or corresponding device may be sent as a specific percentage or as a two-bit value indicating high, medium, or low. The sending RF transceiver may store the device characteristics sent to the other RF transceiver and the device characteristics received from the other RF transceiver for use in generating the encryption key [Hassan; ¶18-19, 31, 37-38, 62; Figs. 1-3 and associated texts]).
Regarding claim 9, Hassan discloses the network apparatus or method of claim 1, wherein selecting the encryption algorithm comprises selecting an encryption algorithm from an encryption algorithm lookup table based on the ascertained one or more performance characteristics (determine the type of encryption it will use based on the its device characteristics and the device characteristics of the other RF transceiver. The device characteristics of an RF transceiver may be characteristics of the RF transceiver and/or of a corresponding computing device coupled to the RF transceiver. In example embodiments, these characteristics include computing resources available to the RF transceiver and/or the corresponding device, the battery status of the RF transceiver and/or corresponding device, and/or on the sensitivity of the data being exchanged. To indicate available resources the each of the RF transceivers may exchange data including, without limitation, an indication of whether the RF transceiver and/or corresponding device has a high-level, medium-level, or low-level processor, an amount of its available memory, and an identification of specific encryption/decryption algorithms implemented on the RF transceiver. The sensitivity of the data being exchanged may be indicated as non-confidential, confidential, or secret. These indications may be provided by users of the one or more of the devices employing the RF transceivers. The battery power of an RF transceiver and/or corresponding device may be sent as a specific percentage or as a two-bit value indicating high, medium, or low. The sending RF transceiver may store the device characteristics sent to the other RF transceiver and the device characteristics received from the other RF transceiver for use in generating the encryption key. The mapping may define a look-up-table (LUT) that maps input symbols into constellation symbols and vice versa [Hassan; ¶18-19, 31, 37-38, 45-47, 62; Figs. 2, 5 and associated texts]).
Regarding claim 10, Hassan discloses the network apparatus or method of claim 1, wherein selecting the encryption algorithm comprises using a decision tree to select the algorithm based on the ascertained one or more performance characteristics (the selection based on lookup table and classifier is already taught, in a markus, only one element is needed as this is not a combination of the decision making. Furthermore, decision tree is standard to one with ordinary skill in the art [Hassan; ¶18-19, 31, 37-38, 62; Figs. 1-3 and associated texts]).
Regarding claim 11, Hassan discloses the network apparatus or method of claim 1, wherein the network apparatus acts as a bridge or proxy between the IoT device and another device by establishing a secure tunnel between the IoT device and the other device (secure encrypted communication between devices within the network [Hassan; ¶18-19, 31, 37-38, 62; Figs. 1-3 and associated texts]).
Regarding claim 12, Hassan discloses the network apparatus or method of claim 11, wherein data communications of the other device are encrypted with another encryption algorithm that is different to the encryption algorithm used to encrypt data communications of the IoT device (secure encrypted communication between devices within the network [Hassan; ¶18-19, 31, 37-38, 62; Figs. 1-3 and associated texts]).
Regarding claim 13, Hassan discloses the network apparatus or method of claim 1, wherein the network apparatus is a network router, and wherein the data communications are over a local area network (LAN) (LAN/WAN communication [Hassan; ¶31, 37-38, 70-73; Figs. 1-3 and associated texts]).
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http:ljwww.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAO Q HO whose telephone number is (571)270-5998. The examiner can normally be reached on 7:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Nickerson can be reached on (469) 295-9235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAO Q HO/Primary Examiner, Art Unit 2432
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