DETAILED ACTION
This non-final office action is in response to claims 1-20 filed May 14, 2025, for examination. Claims 1-20 are being examined and are pending.
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 .
Drawings
The drawings filed on 05/14/2025 have been accepted.
Information Disclosure Statement
The information disclosure statement (IDS) was filed on 05/14/2025, 11/25/2025, and 01/09/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent 12,309,259 B2 (S/N 17/952,094).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the referenced US Patent and the instant application are claiming common subject matter, as follows (only independent claim 1 is shown as example):
Claim Comparison Table:
Instant Application (19/207,712)
US Patent 12,309,259 B2 (S/N 17/952,094)
1. A method, comprising:
receiving, by a first server device and from a second server device, a request for a data payload, the request including an encrypted data payload and an encrypted first encryption key, wherein the encrypted data payload is encrypted by the first encryption key, and wherein the first encryption key is encrypted by a second public encryption key;
decrypting, by the first server device, the encrypted first encryption key using a third private encryption key corresponding to the second public encryption key;
generating, by the first server device, a rewrapped first encryption key by encrypting the first encryption key using a fourth encryption key which corresponds to a fifth encryption key associated with the second server device; and
transmitting, by the first server device and to the second server device, the rewrapped first encryption key and the encrypted data payload.
1. A method, comprising:
transmitting, by a first server device and to a secure element of a user device, virtual terminal kernel configuration data, the virtual terminal kernel configuration data used to configure a virtual terminal with a first public encryption key, the virtual terminal associated with the secure element, the first public encryption key used to generate an encrypted second encryption key by encrypting a second encryption key, and the second encryption key used to generate an encrypted data payload by encrypting a data payload;
receiving, by the first server device and from a second server device, a request for the data payload, the request including an encrypted data payload and the encrypted second encryption key;
decrypting, by the first server device, the encrypted second encryption key using a third private encryption key corresponding to the first public encryption key;
generating, by the first server device, a rewrapped second encryption key by encrypting the second encryption key using a fourth encryption key which corresponds to a fifth encryption key associated with the second server device; and
transmitting, by the first server device and to the second server device, the rewrapped second encryption key and the encrypted data payload.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
WO 2004043068 A1 taught the idea of decrypting the second set of video data comprises decrypting with a second encryption key and a second encryption protocol, and the step of re-encrypting and sending the second set of video data to the first terminal comprises encrypting with the first encryption key and the first encryption protocol, the second encryption key different from the first encryption key and the second encryption protocol different from the first encryption protocol.
US 20140095878 A1 taught an apparatus includes a permission/inhibition information storage which stores a permission/inhibition information file, a changer which changes a first encryption key of a first private key encrypted with the first public key to the second public key by using the first re-encryption key, a first storage which stores a second private key in a device private key temporary storage, a second storage which stores a second re-encryption key in a re-encryption key storage, a permission/inhibition information registration module which registers second permission/inhibition information in the permission/inhibition information file, and a transmitter which transmits the second private key in the re-encryption key storage to the second terminal. Abstract.
US 20150180661 A1 taught A re-encryption key generator according to an embodiment generates a re-encryption key to obtain re-encrypted data that can be decrypted by a second private key of a second user device by re-encrypting ciphertext obtained by encrypting plaintext by a first public key of a first user device without decryption. The re-encryption key generator stores a first private key corresponding to the first public key. The re-encryption key generator stores a second re-encryption key generation key of the second user device that is different from a second public key corresponding to the second private key. The re-encryption key generator generates the re-encryption key based on the first private key and the second re-encryption key generation key. Abstract.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWNCHOY RAHMAN whose telephone number is (571)270-7471. The examiner can normally be reached Monday - Friday 8:30A-5P ET.
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/Shawnchoy Rahman/Primary Examiner, Art Unit 2438
