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
Claims 1-20 are pending.
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.
Claims 13 and 16 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 13, the limitation “the configuration attribute” lacks sufficient antecedent basis.
Regarding claim 16, the limitation “the second device” lacks sufficient antecedent basis.
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.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,306,976, per the correspondence table.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 11,409,896, per the correspondence table.
Claims 8-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 10,621,352, per the correspondence table.
Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims the patent claims anticipate the instant claims.
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12,306,976
11,409,896
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Allowable Subject Matter
Claims 1-20 are allowable with respect to the prior art.
Regarding independent claims 1, 8 and 15, the prior art:
US 20180109418 A1 (Cammarota; Rosario et al.) teaches a method for supporting a device provisioning protocol (DPP), the method comprising: receiving, by a server (configurator) from a first computing device (enrollee), (i) at least a portion of a tag value (enrollee bootstrapping data can be read from machine-readable for a second computing device (configurator receives bootstrap public key and other bootstrapping information, obtained from the enrollee, from intermediary, ¶50) and (ii) a networks available list (the enrollee bootstrapping data also may include a Global Operating Class and a Channel Number list, ¶40); selecting a responder bootstrap public key using the portion of the tag value (configurator receives bootstrap public key, ¶50); receiving, by the server from the first computing device, a responder ephemeral public key (enrollee device places its public protocol key in a DPP Authentication Response message, ¶43).
“Device Provisioning Protocol Specification Version 1.0” (DPP) (Wi-Fi Alliance) teaches conducting, by the server (configurator), an elliptic curve point addition with the responder bootstrap public key (BR) and the responder ephemeral public key (PR) to derive a point (L, p. 49); conducting, by the server (configurator, acting as initiator), an elliptic curve Diffie-Hellman key exchange (devices perform ECDH operations, p. 27, §3.2.1) using the point and an initiator bootstrap private key (calculation of shared key ke uses L, p. 49 and the exchange uses SHA256(BI), p. 49 “R-auth’ = H(I-nonce | R-nonce |PI.x | PR.x | [ BI.x | ] BR.x | 0)” in order to derive a shared secret (ke, where ke = HKDF(I-nonce | R-nonce, “DPP Key”, M.x | N.x [ | L.x ])). The DPP specification lacks third-party support, as claimed.
US 20180248694 A1 (Benoit; Olivier Jean et al.) teaches device provisioning utilizing a third device, a configurator device (Fig. 2, ¶¶90+), including sending the responder public key to a server (Fig. 3, Fig. 4), but lacks at least receiving, by the server and from the first computing device, (i) at least a portion of a tag value for a second computing device and (ii) a networks available list, as claimed.
US 20170295448 A1 (McCann; Stephen et al.) teaches provisioning a headless device using a server and mediator device by exchanging the public key of a configurator device.
US 20170257819 A1 (McCann; Stephen et al.) teaches the device provisioning protocol (¶¶20-23) and similar subject matter to ‘448.
US 20170331679 A1 (Whittaker; Colin John) teaches assisted device provisioning.
US 20170237571 A1 (Pahl; Sébastien Andreas Henry et al.) teaches a system where a secure-session server sends request to key server to generate a premaster secret, where the request includes public value received from client (operations 935-945).
However, regarding claim 1, the prior art – individually, or in a reasonable combination – fails to teach the combination of method for supporting a device provisioning protocol (DPP) comprising: receiving, by a server from a first computing device, (i) at least a portion of a tag value for a second computing device and (ii) a networks available list; selecting a responder bootstrap public key using the portion of the tag value; receiving, by the server from the first computing device, a responder ephemeral public key with the server conducting an elliptic curve point addition with the responder bootstrap public key and the responder ephemeral public key to derive a point and conducting an elliptic curve Diffie-Hellman key exchange using the point and an initiator bootstrap private key in order to derive a shared secret and sending, from the server to the first computing device, the shared secret, in the context of the claims as a whole.
Regarding claim 8, the Examiner refers to the above discussion of the references. Further, US 20180109381 A1 (Cammarota; Rosario et al.) (see also WO 2018075135 A1) teaches method for supporting a device provisioning protocol (DPP), the method comprising: receiving, by a network (configurator), a responder bootstrap public key for a responder (obtaining enrollee bootstrapping data, including public bootstrap key, ¶48) via a secure session (visual tag, etc., ¶48); receiving, by the network from a computing device, (i) an initiator bootstrap public key for an initiator bootstrap private key (configurator device comprises a public bootstrapping key, ¶47) and (ii) an initiator configuration (bootstrapping data includes additional data, ¶48); receiving, by the network from the computing device, a responder ephemeral public key (enrollee device places a hash of its public bootstrapping key (and optionally includes a hash of the configurators public bootstrapping key if it is doing mutual authentication), its public protocol key, the wrapped nonces along with its wrapped network public key and the wrapped authentication tag in a DPP Authentication Response message ¶51); conducting, by the network, a key exchange using the responder bootstrap public key, the responder ephemeral public key, and the initiator bootstrap private key in order to derive a shared secret key (generate symmetric key, ¶50). DPP 1.0 discloses ECDH (pp. 27, 49). Cammarota lacks sending, by the network to the computing device, the derived shared secret key via the secure session. DPP teaches conducting, by the network, a first elliptic curve Diffie-Hellman (ECDH) key exchange using the responder bootstrap public key, the responder ephemeral public key, and the initiator bootstrap private key in order to derive a shared secret key (p. 49, §6.2.4, DPP authentication confirm; see also §7.5.2). However, the prior art – individually, or in a reasonable combination – fails to teach a method for supporting a device provisioning protocol (DPP), the method comprising: receiving, by the network from a computing device, (i) an initiator bootstrap public key for an initiator bootstrap private key and (ii) an initiator configuration; receiving, by the network from the computing device, a responder ephemeral public key; conducting, by the network, a first elliptic curve Diffie-Hellman (ECDH) key exchange using the responder bootstrap public key, the responder ephemeral public key, and the initiator bootstrap private key in order to derive a shared secret key; and sending, by the network to the computing device, the derived shared secret key via the secure session, in combination with the remaining limitations of the claims as a whole.
Regarding claim 15, the Examiner refers to the above discussion of the references. Further, Benoit et al., and Cammarota et al. teach reading a tag value to obtain bootstrapping parameters for DPP. However, the prior art – individually, or in a reasonable combination – fails to teach a first radio for establishing a secure session with a server, for sending the tag value to the server, for receiving from the server (i) an initiator configuration, (ii) a first hash value of an initiator bootstrap public key, and (iii) a first ciphertext; a second radio for operating with a user configuration before the mobile device reads the tag value, for operating with the initiator configuration after the mobile device reads the tag value, for transmitting a DPP authentication request message with the first ciphertext and the first hash value, a data bus for transferring a third ciphertext with a set of credentials for the first device from the first radio to second radio, in combination with the remaining limitations of the claims as a whole.
Claims 2-7, 9-14 and 16-20 inherit allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J SIMITOSKI whose telephone number is (571)272-3841. The examiner can normally be reached Monday - Friday, 7:00-3:00.
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/Michael Simitoski/ Primary Examiner, Art Unit 2493
September 2, 2026
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