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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/614,821
`
`11/19/2019
`
`ROJAN CHITRAKAR
`
`731456.565USPC
`
`8022
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`ALMAGHAYREH, KHALID M
`
`ART UNIT
`
`2492
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/06/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[M) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.{¥] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220524
`
`Application No.
`Applicant(s)
`16/614,821
`CHITRAKAR etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`KHALID M ALMAGHAYREH
`2492
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 03/08/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`) Claim(s)21-27and31-37is/are pending in the application.
`
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 21-27 and 31-37 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`C} Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`

`

`Application/Control Number: 16/614,821
`Art Unit: 2492
`
`Page 2
`
`DETAILED ACTION
`
`This communication is in response to Applicant’s amendmentfiled on March 08, 2022.
`
`Claims 21, 23-24, 26-27 and 31-37 have been amended, claims 28-30 and 38-40 have been
`
`canceled. Claims 21-27 and 31-37 are pending and directed towards COMMUNICATION
`
`APPARATUS AND METHOD FOR SECURE LOW POWER TRANSMISSION. Examiner
`
`acknowledges Applicant’s amendmentto specification and claims, and therefore withdrawsthe
`
`previousoffice action’s objections to the specification, the claims, the 35 USC § 112 rejection,
`
`and the 35 USC § 101 rejection. However, due to the change in scopeofthe claimsin the
`
`amendment, a new rejection under 35 USC § 103is presented herein.
`
`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 AJA.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—Thespecification shall conclude with one or more claims particularly pointing
`out anddistinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`Claims 21-27 and 31-37 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-ATA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly claim the
`
`subject matter which the inventoror a joint inventor (or for applications subject to pre-AIA
`
`35 U.S.C. 112, the applicant), regards as the invention.
`
`

`

`Application/Control Number: 16/614,821
`Art Unit: 2492
`
`Page 3
`
`Claims 21 and 31 recite the limitation “does not includesthe first part of the TSF timer of
`
`the communication apparatus for MIC verification” which is vague andnotclear.It is not
`
`understood how thefirst part of the TSF, that was used to compute the MIC, is not included in
`
`the MIC verification. The specification pointed in para [0066]-[0069] that a pre-processed TSF*
`
`was used to compute and verify the MIC, which take in consideration the negative/positive clock
`
`drift between the STA and the AP. For examination purposes, the examinerinterpreted the first
`
`part of the TSF timeas any current time parameter used in computing a MIC value, which
`
`implies that it will not be used in the verification because of the clock drift.
`
`Other claims rejected by dependencyofrejected claims 21 and 31.
`
`Response to Arguments
`
`Applicant's arguments filed on March 08, 2022 with respect to 35 U.S.C. 102 and 103
`
`rejections have been fully considered but they are moot in view of the new groundsofrejections.
`
`Applicant’s argument have been addressed in the rejections below.
`
`Claim Rejections - 35 USC § 103
`
`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 for the rejection will not be considered a new ground ofrejection if the prior art
`
`relied upon, and the rationale supporting the rejection, would be the same undereither status.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed inventionis 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 obviousbefore the effective
`
`

`

`Application/Control Number: 16/614,821
`Art Unit: 2492
`
`Page 4
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`filing date of the claimed invention to a person having ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin 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 priorart.
`
`2. Ascertaining the differences between the prior art and the claimsat issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`Claims 21, 24-26, 31, and 34-36 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Benoit et al. U.S. Patent Pub. No. 2016/0057703 A1 (hereinafter
`
`“Benoit”) in view of Louet al. US 2020/0196241 A1 (hereinafter “Lou”)
`
`Asper claims 21 and 31, Benoit teaches a communication apparatus and method
`
`comprising:
`
`circuitry which, in operation, uses both a temporal key anda first part of a Time
`
`Synchronization Function (TSF) timer of the communication apparatus to compute a Message
`
`Integrity Code (MIC) (Calculation of the FAC [MIC] starts with deriving a key, k, from the TK
`
`used in a previous session, at 2262. The derivation of k from the TK may be performedby using
`
`a strong hashing algorithm (e.g., SHA256, SHA3) on the TK, although any of a number of
`
`mathematical functions knownin the art may be used to derive kfrom the TK. Thekey, k, is then
`
`used as a key in a lightweight cipher algorithm 2264 that is used to encipher the RA, TA, TV [a
`
`time value field including a time value to be used by the STA to resynchronicze the clock of the
`
`STA], and N. The output of enciphering the RA, TA, TV, and N with k is the FAC. Benoit, para
`
`

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`Application/Control Number: 16/614,821
`Art Unit: 2492
`
`Page 5
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`[0171]-[0172]) (The wireless device 302 may include a processor 304 which controls operation
`
`of the wireless device 302. Benoit, para [0076]); and
`
`a transmitter which, in operation, transmits, to a station associated with the
`
`communication apparatus, a Wake-Up Radio (WUR)frame with the MIC (The wireless
`
`device 302 may also include a housing 308 that may include a transmitter. Benoit, para [0077])
`
`(Whenit is the correct time to transmit the wake-up frame, the AP transmits the clock
`
`resynchronization frame, including the FC, RA, TV, N, and FAC fields. Benoit, para [0172]]),
`
`wherein the WUR frame wakesup thestation associated with the communication
`
`apparatus (an AP may include a FAC in a wake-up frame(e.g., the wake-up framesillustrated in
`
`FIGS. 8-10), and a receiving STA may use the FAC to authenticate the received frame before
`
`waking up a primary radio of the STA. Benoit, Para [0126]) ([multiple stations associated with
`
`access point that transmits WUR frame wake up signals]. Benoit, Fig.1)
`
`Benoit does not explicitly teach wherein the WUR frameincludes a secondpart of the
`
`TSF timer of the communication apparatus for time adjustmentand does notincludes thefirst
`
`part of the TSF timer of the communication apparatus for MIC verification.
`
`However, Lou teaches wherein the WUR frameincludes a second part of the TSF timer
`
`of the communication apparatus for time adjustment and does not includesthe first part of the
`
`TSE timerof the communication apparatus for MIC verification (A partial TSFfield may be
`
`included in a WUR frame, such as WUR beacon frames, e.g., to keep WUR STAs in WUR mode
`
`syncing up to the TSF timer. Since the value of the partial TSF (PT) may change, a STA
`
`receiving a wake up frame may need to use the current and/or increasedfuture TP value to
`
`evaluate whether the received WUR frameis destined for its own BSS by adding the embedded
`
`BSSID field, and/or the STA's WID, GID and/or TID, and evaluate whether the FCS or CRC in
`
`

`

`Application/Control Number: 16/614,821
`Art Unit: 2492
`
`Page 6
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`the WURframe can be correctly verified [...] the partial TSFfield may not be included in the
`
`process of verifying FCS/CRC of the WUR frame. For example, when a WUR STA in WUR mode
`
`receives a WURframe, it may exclude the partial TSFfield, and plug in the embedded BSSID
`
`field and evaluate whether the FCS/CRC canbecorrectly verifiedfor the received WUR frame.
`
`Lou, para [0256]-[0257]]).
`
`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 teaching of Benoit in view of Lou.
`
`One would be motivated to do so, to use multiple parts of TSF for synchronization and code
`
`authentication. (Lou, para [0256]).
`
`Asper claims 24 and 34, Benoit and Lou teach the communication apparatus and
`
`method according to Claims 21 and 31, wherein:
`
`the communication apparatus maintains the TSF timer and the station maintains a station
`
`TSE timer (The receiving STA may use the LSBs to correct for AP/STA clock offset. The STA may
`
`update its local clock to resynchronize with the AP clock. Benoit, para [0099]), and
`
`the station uses the station TSF timer to generate a local MIC for comparison with the
`
`MICincluded in the received WURframe (the apparatus may take one or more actions based on
`
`whether or not an authentication code includedin the frame matchesa local authentication
`
`code. Benoit, para [0130])( The output of enciphering the RA, TA, TV, and N with k is the local
`
`FAC 2274. Because the key k, RA, TA, TV, N, and lightweight cipher algorithms used by the AP
`
`and STA are identical, the local FAC 2274 computed by the STA is identical to the FAC 2266
`
`computed by the AP. Benoit, para [0176])
`
`

`

`Application/Control Number: 16/614,821
`Art Unit: 2492
`
`Page 7
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`Asperclaims 25 and 35, Benoit and Lou teach the communication apparatus and
`
`method according to Claims 21 and 31, wherein the circuitry uses a transmitter address to
`
`compute the MIC (Calculation of the FAC [MIC] starts with deriving a key, k, from the TK used
`
`in a previous session, at 2262. The derivation of k from the TK may be performed by using a
`
`strong hashing algorithm (e.g., SHA256, SHA3) on the TK, although any of a number of
`
`mathematical functions known in the art may be used to derive kfrom the TK. Thekey, k, is then
`
`used as a key in a lightweight cipher algorithm 2264 that is used to encipher the RA, TA
`
`[transmitter address], TV, and N [a sequence numberfield including the sequence number].
`
`The output of enciphering the RA, TA, TV, and N with k is the FAC. Benoit, para [0171]-[0172]]).
`
`Asperclaims 26 and 36, Benoit and Lou teach the communication apparatus and
`
`method according to Claims 21 and 31, wherein the MICis included in a Frame Check Sequence
`
`(FCS) field of the WUR frame (a Frame Check Sequence (FCS)field (e.g., FCS field 616 shown
`
`in FIGS. 8-12) of a frame may be replaced by a Frame Authentication Code (FAC) field in order
`
`to allow a receiving device to authenticate the message. Benoit, para [0128]]).
`
`Claims 22 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Benoit et al. U.S. Patent Pub. No. 2016/0057703 A1 (hereinafter “Benoit”) in view of Lou et
`
`al. US 2020/0196241 Al (hereinafter “Lou’”) and furtherin view of Qi et al. U.S. Patent
`
`Pub. No. 2007/0264954 A1 (hereinafter “Qi”).
`
`Asperclaims 22 and 32, Benoit and Lou teach the communication apparatus and
`
`method according to Claims 21 and 31. Benoit does not explicitly teach wherein the temporal
`
`

`

`Application/Control Number: 16/614,821
`Art Unit: 2492
`
`Page 8
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`key is a WUR Temporal Key, and the circuitry uses the WUR Temporal Key to compute the
`
`MIC for protecting the WUR frame whichis an individually addressed WURframe.
`
`However, Qi teaches wherein the temporal key is a WUR Temporal Key, and the
`
`circuitry uses the WUR Temporal Key to compute the MIC for protecting the WUR frame which
`
`is an individually addressed WURframe(A key identification (ID) field 430 is also included in
`
`the format and identifies an integrity pairwise temporal key (IPTK) [Pairwise Keys are usedfor
`
`unicast communication between a pair of devices] between the paging controller and STA used
`
`to compute a message integrity code (MIC) for a MICfield. Qi, para [0032])(the STA checks the
`
`paging indication action frame [WUR] to see if it has been paged andif the paging indication is
`
`trusted, if the STA has been paged and the paging indication is trusted, the STA checks the
`
`paging event type and decides whetheror not to fully "wake-up"to exit the paging mode and
`
`resume communication within the network. Qi, para [0039]).
`
`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 modified system of Benoit so that
`
`wherein the temporal key is a WUR Temporal Key,and the circuitry uses the WUR Temporal
`
`Key to compute the MIC for protecting the WUR frame whichis an individually addressed
`
`WURframe. One would be motivated to do so, to provide protection against the replay attacks
`
`and enhancethe security of the system. (Qi, para [0032]]).
`
`Claims 23, 27, 33, 37 and are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Benoit et al. U.S. Patent Pub. No. 2016/0057703 A1 (hereinafter “Benoit”) in view of
`
`Louet al. US 2020/0196241 Al (hereinafter “Lou”) and further in view of Yanget al. U.S.
`
`Patent Pub. No. 2018/0063788 A1 (hereinafter “Yang”)
`
`

`

`Application/Control Number: 16/614,821
`Art Unit: 2492
`
`Page 9
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`Asperclaims 23 and 33, Benoit and Lou teach the communication apparatus and
`
`method according to Claims 21 and 31. Benoit does not explicitly teach wherein the temporal
`
`key is a WURintegrity group Temporal Key, and the circuitry uses the WURintegrity group
`
`Temporal Key to compute the MIC for protecting the WUR frame whichis a broadcast WUR
`
`frame or a group addressed WURframe(the authenticity and integrity protection on thefirst
`
`frameis provided by broadcast/multicast integrity protocol (BIP) as defined in IEEE 802.11
`
`technical standards. The BIP provides integrity and replay protection for group addressed
`
`robust Managementframes. |...]. The MMEincludes a MICfield containing a MIC value, a
`
`Key ID field identifying the integrity group temporal key (IGTK) usedfor computing the MIC
`
`value. Yang, para [0074])
`
`However, Yang teaches wherein the temporal key is a WURintegrity group Temporal
`
`Key, and the circuitry uses the WURintegrity group Temporal Key to compute the MIC for
`
`protecting the WUR frame whichis a broadcast WURframe or a group addressed WURframe.
`
`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 modified system of Benoit so that the
`
`temporal is a WURintegrity group Temporal Key,and the circuitry uses the WURintegrity
`
`group Temporal Key to compute the MIC for protecting the WUR frame whichis a broadcast
`
`WURframe or a group addressed WURframe. One would be motivated to do so, to provide
`
`protection against the replay attacks. (Yang, para [0074]]).
`
`

`

`Application/Control Number: 16/614,821
`Art Unit: 2492
`
`Page 10
`
`Asperclaims 27 and 37, Benoit and Lou teach the communication apparatus and
`
`method according to Claims 21 and 31. Benoit does not explicitly teach wherein the MIC is
`
`computed from an identifier ID field of the WURframe.
`
`However, Yang teaches wherein the MIC is computed from an ID field of the WUR
`
`frame (a Key ID field identifying the integrity group temporal key (IGTK) usedfor computing
`
`the MIC value. Yang, para [0074])
`
`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 modified system of Benoit so that the
`
`MIC is computed from an ID field of the WUR frame. One would be motivated to do so, to
`
`provide protection against the replay attacks. (Yang, para [0074]).
`
`Conclusion
`
`The prior art made of record and notrelied upon is considered pertinent to applicant's
`
`disclosure.
`
`A. Asterjadhi et al. US 2018/0234918 A1 directed to wakeup radio synchronization
`
`techniques.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this
`
`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP§ 706.07(a).
`
`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
`
`MONTHSof the mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE-MONTHshortened statutory period, then the shortened statutory period
`
`

`

`Application/Control Number: 16/614,821
`Art Unit: 2492
`
`Page 11
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
`
`however,will the statutory period for reply expire later than SIX MONTHSfrom the date ofthis
`
`final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KHALID M ALMAGHAYREHwhosetelephone numberis
`
`(571)272-0179. The examiner can normally be reached Monday - Thursday 8AM-5PM EST &
`
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`
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`organization wherethis application or proceedingis assigned is 571-273-8300.
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`

`

`Application/Control Number: 16/614,821
`Art Unit: 2492
`
`Page 12
`
`Respectfully submitted
`
`/KHALID M ALMAGHAYREH/
`Examiner, Art Unit 2492
`
`/SALEH NAJJAR/
`Supervisory Patent Examiner, Art Unit 2492
`
`