Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. NO restrictions warranted at initial time of filing for patent.
Priority
3. Applicant claims domestic priority under 35 USC 119e to provisional application filed on 10/13/2021.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 11/17/2025, 12/24/2025, 04/24/2026, the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Oath/Declaration
5. Applicant’s Oath was filed on 04/21/2025.
Drawings
6. Applicant’s drawings filed on 04/21/2025 has been inspected and is in compliance with MPEP 608.01.
Specification
7. Applicant’s specification filed on 04/21/2025 has been inspected and is in compliance with MPEP 608.02.
Claim Objections
8. NO objections warranted at initial time of filing for patent.
Remarks
9. Examiner request Applicant review relevant prior art under the conclusion of this office action.
Double Patenting
10. 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of coassigned Patented Application no. 12,445,273. Although the claims at issue are not identical, they are not patentably distinct from each other because both the coassigned Application claims 1 are almostthe same in scope.
Instant App claim 2 and associated claims 3-21
Patent Application ‘273
A computer-implemented method comprising: receiving, at a share recipient device and from an owner device, a request to accept a share of a capability associated with a wireless accessory device, the request being associated with a storage record that identifies the wireless accessory device and the capability, and the wireless accessory device being associated with the owner device; sending a message indicating acceptance of the request; updating the storage record to indicate acceptance of the request; and receiving cryptographic key information to enable the share recipient device to perform an operation associated with the wireless accessory device.
A non-transitory machine-readable medium storing instructions to cause one or more processor to perform operations comprising: determining, for a wireless accessory device by an owner device associated with an owner, a share recipient and a set of capabilities to delegate to the share recipient, wherein the wireless accessory device is owned by the owner; creating a storage record including fields to store an identifier of the share recipient, an identifier of the wireless accessory device, and the set of capabilities to be shared with the share recipient; sending, by the owner device, a share request to a share recipient device that is associated with the share recipient; in response to receipt of an accept message from the share recipient device, marking, by the owner device, the storage record as accepted; and sending a set of cryptographic keys to the share recipient device to enable the share recipient device to perform the set of capabilities on the wireless accessory device
The instant application claims 2-21 are directed towards a method and system of receiving a request by an owner device to sharing capability information associated with a storage record regarding an wireless accessory device to perform an operation and Patented App ‘273 claims 1-20 is directed towards obtaining capability information associated with a storage record associated with a request by an owner device to perform an operation.
One of ordinary skill in the art would understand from the teachings found in Patented App ‘273 would not be significantly different from those found in the Instant application relates to verifying share capability information based on an storage record to accept a request to perform an operation with a wireless accessory device.. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Therefore, it would have been obvious to one of ordinary skill in the art to modifyinstant Application claims 2-21 with the additional limitation of so to obtain Patented App ‘273 claims 1-20 as claimed.
Allowance of application claim 1 would result in an unjustified time-wiseextension of the monopoly granted for the invention defined by co-pending Applicationclaim 1. Therefore, the provisional obviousness-type double patenting is appropriatebecause the conflicting claims have not in fact been patented. Application claim 1corresponds to co-pending application claim 1.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
11. Claims 2-7, 9-14, 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20190289653 hereinafter Sarkar in view of U.S. Publication No. 20140105394 hereinafter Abildgren
As per claim 2, Sarkar discloses:
A computer-implemented method (para 0004 “In general, in one aspect, a method for secure call endpoint pairing is disclosed.”) comprising:
receiving, at a share recipient device and from an owner device, a request to accept a share of a capability associated with a wireless accessory device (para 0052 “ At step 402, a pairing procedure is started. The pairing procedure is between the call endpoint performing the method 400 and a wireless headset. In one or more embodiments, the pairing procedure may be started in response to user operation of a user-operable control at the call endpoint. For example, a user may push a button or slide a switch on the call endpoint. In one or more embodiments, the pairing procedure may be started in response to a physical coupling of the call endpoint and the wireless headset.” Para 0053 “ At step 402, a pairing procedure is started. The pairing procedure is between the call endpoint performing the method 400 and a wireless headset. In one or more embodiments, the pairing procedure may be started in response to user operation of a user-operable control at the call endpoint. For example, a user may push a button or slide a switch on the call endpoint. In one or more embodiments, the pairing procedure may be started in response to a physical coupling of the call endpoint and the wireless headset.” Para 0053 “The pairing procedure includes any process intended to result in the generation of a security key based on the interaction of the call endpoint and the wireless headset. Thus, starting the pairing procedure includes any interaction between the call endpoint and the wireless headset that must occur prior to the security key being generated or prior to the security key being used to authenticate the devices. For example, starting the pairing procedure may include one or more of a device discovery step, an inquiry step, an initial connection step, a public key exchange step, and a capability exchange step.” The call endpoint (desktop phone paragraph 0022) is the share recipient and owner device),
the request being associated with a storage record that identifies the wireless accessory device and the capability, and the wireless accessory device being associated with the owner device (para 0048 “To this end, the headset registry 370 includes a listing of approved headset associations 368. The listing of approved headset associations 368 includes, for a given call endpoint identifier, the unique identifiers of one or more wireless headsets that are approved to pair with the call endpoint having the call endpoint identifier. Accordingly, in one or more embodiments, the listing of approved headset associations 368 may include numerous call endpoint identifiers (e.g., MAC addresses, phone numbers, extensions, BD_ADDR values, etc.), each of which is associated with one or more wireless headset identifiers (e.g., BD_ADDR values, serial numbers, IPUIs, etc.). The headset registry 370 may be stored in any suitable structure. For example, the contents of the headset registry 370 may include an array, a linear list, a non-linear list, and/or a database.” para 0056 “The headset identifier received at step 404 is then sent, at step 406, to a headset registry server. The headset identifier may be sent to the headset registry server in a message sent over a network. The call endpoint may send to the headset registry server together with the headset identifier or separately, an endpoint identifier unique to the call endpoint. In one or more embodiments, the call endpoint may send additional information to the headset registry server. For example, the call endpoint may include an active call status indicator, which indicates whether or not there is an active call at the call endpoint. As another example, the call endpoint may include a pairing mode indicator, which indicates whether the headset identifier was provided to the call endpoint from the headset over the air or over a physical link.”);
sending a message indicating acceptance of the request (para 0057 “ At step 408, a response is received from the headset registry server. As described below, the headset registry server uses the headset identifier to determine whether or not pairing between the call endpoint and the wireless headset is approved.”); and
receiving cryptographic key information to enable the share recipient device to perform an operation associated with the wireless accessory device (para 0041 “ As described herein, the pairing procedure 316 includes any process that results in the generation of a security key based on an interaction between the call endpoint 305 and a wireless headset. In one or more embodiments, the pairing procedure 316 may include the pairing procedure described in the Bluetooth Core Specifications published by Bluetooth SIG. In one or more embodiments, the pairing procedure 316 may include the subscription process (e.g., subscription registration, etc.) described in the DECT standard published by ETSI. The security key may only be generated after a pairing between the call endpoint 305 and the wireless headset has been approved by the headset registry server 350, as described below. The security key is used to authenticate subsequent communications between the call endpoint 305 and the wireless headset, such as during call set-up.”).
Sarkar does not disclose:
updating a storage record to indicate acceptance of a request
Abildgren discloses:
updating a storage record to indicate acceptance of a request (para 0044 “ Reference is now made to FIG. 3 which illustrates a flow chart of a method 300 for enabling a new host device 204 to temporarily access a peripheral device 102 without having to initiate a secure pairing process. At step 302, the original host device 104 receives a notification that the new host device 204 is to be granted temporary access to the peripheral device 102.” Para 0047 “In these cases the original host device 104 provides the PID, TID and/or temporary connection and encryption information to the server 106 (where it is stored in association with the PID or TID). If temporary connection and encryption information is generated, the original host device 104 also provides the temporary connection and encryption information to the peripheral device 102.” Para 0048 “Once the TID has been obtained and saved by the server 106, the method 300 proceeds to step 306.”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method for secure call endpoint pairing of Sarkar to include updating a storage record to indicate acceptance of a request, as taught by Abildgren.
The motivation would have been to update a storage record to enable a new host device to securely connect to a peripheral device.
As per claim 3, Sarkar in view of Abildgren discloses:
The computer-implemented method of claim 2, wherein the operation associated with the wireless accessory device includes detecting a wireless beacon signal transmitted by the wireless accessory device (Sarkar para 0041 and 0053).
As per claim 4, Sarkar in view of Abildgren discloses:
The computer-implemented method of claim 3, wherein the operation associated with the wireless accessory device includes placing the wireless accessory device in a near owner mode in response to detecting the wireless beacon signal transmitted by the wireless accessory device (Sarkar para 0054 “ For example, the pairing procedure may be started when a wireless headset is first dropped into or docked with a call endpoint, and performance of the method 400 may allow the call endpoint to determine whether the headset belongs to a user associated with the call endpoint, or instead another user. The start of the pairing procedure at step 402 may indicate an intent by a user, such as an intermeddler, to pair his or her wireless headset with the call endpoint executing the method 400 in order to send and receive call audio through the call endpoint.”),
querying a location server for a location of the wireless accessory device , or sending a command to the wireless accessory device to cause the wireless accessory device to play a sound (para 0053 “ For example, starting the pairing procedure may include one or more of a device discovery step, an inquiry step, an initial connection step, a public key exchange step, and a capability exchange step.”)
As per claim 5, Sarkar in view of Abildgren discloses:
The computer-implemented method of claim 2, wherein the cryptographic key information comprises a set of cryptographic keys (Abildgren para 0052 “For example, the encryption information may comprise an encryption key that belongs to a specific series or pool of encryption keys that identifies it as being associated with a temporary host.” Though Sarkar discloses are security key, Abildgren wherein the cryptographic key information comprises a set of cryptographic keys. The motivation would have been to update a storage record to enable a new host device to securely connect to a peripheral device.)
As per claim 6, Sarkar in view of Abildgren discloses:
The computer-implemented method of claim 2, further comprising: receiving, from the owner device, a stop sharing message that identifies the wireless accessory device (Abildgren para 0058 “At step 312, the original host device 104 receives a notification that it should reclaim the peripheral device 102. The original host device 104 may receive such a notification when the new host device 204 no longer requires use of the peripheral device 102, or when the original host device 104 requires access to the peripheral device 102.” Though Sarkar discloses receiving a message, Abildgren receiving, from the owner device, a stop sharing message that identifies the wireless accessory device. The motivation would have been to update a storage record to enable a new host device to securely connect to a peripheral device.); and
updating the storage record to indicate stoppage of sharing the capability (Abildgren para 0060 and 0061 “For example, the original host device 104 may send a request to the server 106 for the connection information for a specified PID. Upon receiving the request the server 106 searches its records to locate connection and encryption information associated with the specified PID. If any connection and encryption information matching the criteria is located it is transmitted to the original host device 104. Once the original host device 104 receives the current connection and encryption information from the server 106 the method 300 proceeds to step 316.” Para 0061 “At step 316, the original host device 104 uses the connection and encryption information obtained in step 314 to connect to the peripheral device 102. The original host device 104 may then obtain new connection and/or encryption information and provide it to the peripheral device 102 and to the server 106. The original host device 104 and the peripheral device 102 then use the new connection information and/or encryption information for future communications.” Para 0062 “Upon receiving the request, the server 106 generates the new connection and/or encryption information, saves it in association with the PID (e.g. it replaces the connection and/or encryption information associated with the specified PID with the new connection and/or encryption information) and sends the new connection and/or encryption information to the original host device 104 who provides it to the peripheral device 102.” Though Sarkar discloses receiving a message, Abildgren updating the storage record to indicate stoppage of sharing the capability. The motivation would have been to update a storage record to enable a new host device to securely connect to a peripheral device.).
As per claim 7, Sarkar in view of Abildgren discloses:
The computer-implemented method of claim 2, further comprising: sending a stop sharing message that identifies the wireless accessory device; receiving confirmation that the storage record has been updated to indicate stoppage of sharing the capability (Abildgren Para 0062 “Upon receiving the request, the server 106 generates the new connection and/or encryption information, saves it in association with the PID (e.g. it replaces the connection and/or encryption information associated with the specified PID with the new connection and/or encryption information) and sends the new connection and/or encryption information to the original host device 104 who provides it to the peripheral device 102.” Para 0065 “For example, when the original host device 104 notifies the server 106 of the new connection information, the original host device 104 may also instruct the server 106 to disassociate the TID. Disassociating the TID from the PID stops the new host device 204 from being able to obtain the new connection information and/or encryption information from the server 106.” Notifying the server of the new connection indicates that stop sharing and further receiving a notification to disassociate confirms this fact. Fig. 5, Para 0082 “ At step 512, a new permanent device ID (PID) is generated for the peripheral device 102 and saved by the server 106 and the new host device 404. Changing the PID ensures that the original host device 104 can no longer retrieve the current connection and encryption information from the server 106.” Though Sarkar discloses receiving a message, Abildgren updating the storage record to indicate stoppage of sharing the capability. The motivation would have been to update a storage record to enable a new host device to securely connect to a peripheral device.).
As per claim 9, the implementation of the computer-implemented method of claim 2 will execute the share recipient device of claim 9. The claim is analyzed with respect to claim 2.
As per claim 10, the claim is analyzed with respect to claim 3.
As per claim 11, the claim is analyzed with respect to claim 4.
As per claim 12, the claim is analyzed with respect to claim 5.
As per claim 13, the claim is analyzed with respect to claim 6.
As per claim 14, the claim is analyzed with respect to claim 7.
As per claim 16, the implementation of the computer-implemented method of claim 2 will execute the non-transitory computer-readable media (Sarkar paragraph 0019) of claim 16. The claim is analyzed with respect to claim 2.
As per claim 17, the claim is analyzed with respect to claim 3.
As per claim 18, the claim is analyzed with respect to claim 4.
As per claim 19, the claim is analyzed with respect to claim 5.
As per claim 20, the claim is analyzed with respect to claim 6.
As per claim 21, the claim is analyzed with respect to claim 7.
12. Claims 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sarkar in view of Abildgren, and further in view of U.S. Publication No. 20180336087 hereinafter Bradley.
As per claim 8, Sarkar in view of Abildgren discloses:
The computer-implemented method of claim 2, further comprising: receiving, from the owner device, a key, writing the key to a file system of the share recipient device (Sarkar para 0030 “If the wireless headset 212 and the call endpoint are Bluetooth wireless devices, the credential stored by the paired devices may include a link key. If the wireless headset 212 and the call endpoint are DECT wireless devices, the credential stored by the paired devices may include an authentication key, also known as a subscription key, which may be subsequently used to set up wireless links between the headset 212 and the call endpoint.” Para 0053 “Thus, starting the pairing procedure includes any interaction between the call endpoint and the wireless headset that must occur prior to the security key being generated or prior to the security key being used to authenticate the devices. For example, starting the pairing procedure may include one or more of a device discovery step, an inquiry step, an initial connection step, a public key exchange step, and a capability exchange step. In other words, starting the pairing procedure may include one or more steps performed by the wireless headset and call endpoint executed for the purpose of establishing a shared key for subsequent use by the two devices);
and using the key to communicate with the wireless accessory device (Abildgren para 0052 “ For example, the connection and/or encryption information used by the new host device 204 may indicate to the peripheral device 102 that the new host device 204 is only a temporary host. For example, the encryption information may comprise an encryption key that belongs to a specific series or pool of encryption keys that identifies it as being associated with a temporary host. Though Sarkar discloses are security key, Abildgren wherein the cryptographic key information comprises a set of cryptographic keys. The motivation would have been to update a storage record to enable a new host device to securely connect to a peripheral device.)
Sarkar in view of Abildgren does not disclose:
receiving, a key list, writing the key list and using keys from the key list
Bradley discloses:
receiving, a key list, writing the key list and using keys from the key list (para 0017 “In particular, any computing devices that previously were or are actively paired with the auxiliary computing device can maintain paired device information associated with the auxiliary computing device. In this manner, the computing devices are able to identify when the request is being issued by a known device (i.e., the auxiliary computing device) to which they should respond. Additionally, one or more encryption keys (e.g., passcodes, symmetric encryption keys, asymmetric encryption keys, etc.)—which are known to both the auxiliary computing device and the computing devices, and can be established at a time of their initial pairing(s)—can be stored along with the paired device information. In this regard, when one of the computing devices indicates an acceptance to assist the auxiliary computing device, the one or more encryption keys can be utilized to establish a secure communication link.”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method for secure call endpoint pairing of Sarkar in view of Abildgren to include receiving, a key list, writing the key list and using keys from the key list, as taught by Bradley.
The motivation would have been to one or more encryption keys to be utilized to establish a secure communication link.
As per claim 15, the claim is analyzed with respect to claim 8.
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A. U.S. Publication No. 20160234213 discloses on paragraph 0079 “The first user device 501 transmits a home device information sharing acceptance
request message, which makes a request for accepting home device information sharing to the second user device 503 selected share the home device information in operation 512. The second user device 503 transmits a home device information sharing approval message, which approves of the home device information sharing, to the first user device 501 in response to the home device information sharing
acceptance request message in operation 514. The home device information sharing acceptance request message includes home device information on at least one home device, that is, a UUID, peerID, IP address, device token corresponding to information on a right to access at least one home device, and peerGroupID. Here, it is assumed that at least one home device is, for example, a refrigerator, washing machine, cleaner, or TV.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY S GRACIA whose telephone number is (571)270-5192. The examiner can normally be reached Monday-Friday 9am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/GARY S GRACIA/Primary Examiner, Art Unit 2499
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