Ex Parte Genelle et alDownload PDFPatent Trial and Appeal BoardMay 26, 201612847156 (P.T.A.B. May. 26, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 12/847, 156 07/30/2010 466 7590 YOUNG & THOMPSON 209 Madison Street Suite 500 Alexandria, VA 22314 05/31/2016 FIRST NAMED INVENTOR Laurie GENELLE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 0579-1273 3370 EXAMINER Y ALEW, FIKREMARIAM A ART UNIT PAPER NUMBER OPIM NOTIFICATION DATE DELIVERY MODE 05/31/2016 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): DocketingDept@young-thompson.com yandtpair@firs ttofile. com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte LAURIE GENELLE, CHRISTOPHE GIRAUD, and EMMANUEL PROUFF Appeal2014-006058 Application 12/847,156 Technology Center 0000 Before DEBRA K. STEPHENS, JASON V. MORGAN, and MICHAEL J. ENGLE, Administrative Patent Judges. STEPHENS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellants appeal under 35 U.S.C. § 134 from a Final Rejection of claims 1-3, 5, 6, and 10-20. We have jurisdiction under 35 U.S.C. § 6(b). 1 We REVERSE. 1 Claims 4 and 7-9 are objected to as being dependent upon a rejected base claim, but indicated as being allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Appeal2014-006058 Application 12/847,156 STATEMENT OF THE INVENTION According to Appellants, the claims are directed to a method of and device for cryptographic processing of data and specifically, a method of protecting data against fault injection attacks (Abstract). Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. Method of cryptographic processing of data (X) comprising at least one transformation (100, 1001-1006) of an input data item( s) into a result data item ( s'), the method comprising a step (E204) of verifying said transformation, wherein verifying the transformation comprises the following steps: obtaining (E206) a first data item (DV(s')) that is compressed by applying of a compression operation (110, MDV, ADV) to said result data item (s'); obtaining (E208) a second data item (DV(s)) that is compressed by applying the compression operation (110, MDV, ADV) to said input data item (s); determining (E210) a verification data item (DV(s)') by applying said transformation (100, 1001-1006) to said second compressed data item (DV(s)) and; comparing (E212) said verification data item and said first compressed data item. REFERENCE The prior art relied upon by the Examiner in rejecting the claims on appeal is Giraud (US 2009/0034717 Al; Feb. 5, 2009). REJECTION Claims 1-3, 5, 6, and 10-20 stand rejected under 35 U.S.C. § 102(e) as being anticipated by Giraud (Final Act. 3-6). 2 Appeal2014-006058 Application 12/847,156 ISSUES Appellants argue their invention is not anticipated by Giraud (App. Br. 4-8). The issues presented by the arguments are: Issue 1: Has the Examiner erred in finding Giraud discloses "determining (E2 l 0) a verification data item (DV(s) ')by applying said transformation (100, 1001-l 006 ) to said second compressed data item (DV(s))" and "comparing (E212) said verification data item and said first compressed data item," as recited in independent claim 1 and commensurately recited in independent claim 20? Issue 2: Has the Examiner erred in finding Giraud discloses "means for determining a verification data item (DV(s)') by applying said transformation ( 100, 1001- l 006) to said second compressed data i tern (DV(s))" and "means (120) for comparing said verification data item and said first compressed data item," as recited in claim 16? ANALYSIS Appellants argue Giraud fails to disclose or suggest a step for obtaining a verification item or performing a transformation operation on a data item resulting from a compression operation (App. Br. 5-6). According to Appellants, Giraud employs two operation sequences, each of which performs the DES (data encryption standard) algorithm on an input message and then performs a compression operation on the result of that DES operation (App. Br. 6). Appellants contend Giraud's Figure 4 does not disclose a compression operation of an input data item followed by a 3 Appeal2014-006058 Application 12/847,156 transformation operation (Reply Br. 3 ). Additionally, Appellants argue the Examiner, in the Answer, is combining two materially different and alternative embodiments, as shown in Figures 4 and 5 (id. at 4). Furthermore, Appellants assert, even if read together, the output of Giraud's step E3 l 2, which the Examiner finds is the transformation operation, is not compared with the first compressed data item (id. at 5). We agree with Appellants' arguments. Specifically, we agree with Appellants that the relied-upon portions of Giraud do not disclose determining a verification data item by transforming a compressed data item and then comparing the transformed compressed data item (the verification data item) with a compressed transformed data item, as recited in claims 1, 16, and 20 (Reply Br. 1-5). Accordingly, we are persuaded the Examiner erred in finding Giraud discloses the invention as recited in independent claim 1 and commensurately recited in independent claims 16 and 20. Dependent claims 2, 3, 5, 6, 10-15, and 17-19 stand with their respective independent claims. Therefore, we cannot sustain the rejection of claims 1-3, 5, 6, and 10-20 under 35 U.S.C. § 102(e) for anticipation by Giraud. DECISION The Examiner's rejection of claims 1-3, 5, 6, and 10-20 under 35 U.S.C. § 102(e) as being anticipated by Giraud is reversed. REVERSED 4 Copy with citationCopy as parenthetical citation