throbber

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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`1
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`UNITED STATES DEPARTMENT OF COMMERCE
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`NOTICE OF ALLOWANCE AND FEE(S) DUE
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`37462
`
`7590
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`03/19/2013
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`LANDO & ANASTASI, LLP
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`CHEUNG, CALVINK
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`3662
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`DATE MAILED: 03/19/2013
`
`09/20/2011
`13/237,184
`TITLE OF INVENTION: UNIVERSAL SECURE REGISTRY
`
`Kenneth P. Weiss
`
`W0537—701320
`
`7352
`
`
`
`
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`APPLN. TYPE
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`SMALL ENTITY
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`ISSUE FEE DUE
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`TOTAL FEE(S) DUE
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`
`09/20/2011
`13/237,184
`TITLE OF INVENTION: UNIVERSAL SECURE REGISTRY
`
`Kenneth P. Weiss
`
`W0537-701320
`
`7352
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
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`DATE DUE
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`nonprovisional
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`CHEUNG, CALVIN K
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`$890
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`3662
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`$300
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`705—076000
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`$1190
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`06/ 1 9/201 3
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`APPLICATION NO.
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`FILING DATE
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`
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`F {ST NAMED INVENTOR
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`3
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
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`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/237,184
`
`09/20/2011
`
`Kenneth P. Weiss
`
`W0537—701320
`
`7352
`
`37462
`
`7590
`
`03/19/2013
`
`LANDO & ANASTASI, LLP
`ONE MAIN STREET, SUITE 1100
`CAMBRIDGE, MA 02142
`
`CHEUNG, CALVIN K
`
`3662
`
`DATE MAILED: 03/19/2013
`
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`

`

`4
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`

`

`5
`
`Notice of Allowability
`
`Application No.
`
`Applicant(s)
`
`13/237,184
`Examiner
`
`WEISS, KENNETH P.
`Art Unit
`
`CALVIN CHEUNG
`
`3662
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IX This communication is responsive to 3/7/2013.
`
`2. I] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3. IX The allowed claim(s) is/are 1 and 4-28. As a result of the allowed claim(s), you may be eligible to benefit from the Patent
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information,
`please see htt“://www.us to.
`(N! atents/init events/
`h/indexis" or send an inquiry to PPI—ifeedbackf‘lw usgtogov .
`
`4. I] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`
`a) D All
`
`b) [I Some*
`
`c) [I None
`
`of the:
`
`1. El Certified copies of the priority documents have been received.
`
`2. I] Certified copies of the priority documents have been received in Application No.
`
`3. I] Copies of the certified copies of the priority documents have been received in this national stage application from the
`
`International Bureau (PCT Rule 17.2( )).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. El CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`
`El
`
`including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`Paper No./Mai| Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. I] DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Examiner, Art Unit 3662
`
`Attachment(s)
`1. IXI Notice of References Cited (PTO-892)
`
`2. I] Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date
`3. El Examiner‘s Comment Regarding Requirement for Deposit
`of Biological Material
`4. IX Interview Summary (PTO-413),
`Paper No./Mai| Date 20130308A .
`
`/CALVIN CHEUNG/
`
`5. El Examiner‘s Amendment/Comment
`
`6. [XI Examiner‘s Statement of Reasons for Allowance
`
`7. El Other
`
`US. Patent and Trademark Office
`
`PTOL-37 (Rev. 09-12)
`
`Notice of Allowability
`
`Part of Paper No./Mai| Date 20130308
`
`

`

`6
`
`Application/Control Number: 13/237,184
`
`Paper No. 20130308 — Page 2
`
`Art Unit: 3662
`
`DETAILED ACTION
`
`1.
`
`This office action is given an identifier, Paper No. 20130308, for reference purposes
`
`only.
`
`Status of Claims
`
`2.
`
`Claims 2—3 are cancelled by claim amendments filed 7 March 2013. Therefore, claims 1
`
`and 4—28 are allowed in this office action.
`
`3.
`
`The following is an examiner’s statement of reasons for allowance:
`
`Reason for Allowance
`
`Regarding the claimed terms, the Examiner notes that a “general term must be understood
`
`in the context in which the inventor presents it.” In re Glaag 283 F.3d 1335, 1340, 62 USPQ2d
`
`1151, 1154 (Fed. Cir. 2002). Therefore the Examiner must interpret the claimed terms as found
`
`within the Original Specification. Clearly almost all the general terms in the claims may have
`
`multiple meanings. So where a claim term “is susceptible to various meanings,
`
`the inventor’s
`
`lexicography must prevail ....” Id. Using these definitions for the claims, the claimed invention
`
`was not reasonably found in the prior art.
`
`The primary prior art reference, US 20020178364 Al (“Weiss”), discloses a secure
`
`registry system and method for the use thereof are provided which permits secure access to a
`
`database containing selected data on a plurality of entities, at least portions of which database has
`
`restricted access. Mechanisms are provided for controlling access to restricted access portions of
`
`the database are provided, such access being determined by at least one of the identity of the
`
`

`

`7
`
`Application/Control Number: 13/237,184
`
`Paper No. 20130308 - Page 3
`
`Art Unit: 3662
`
`requesting entity and the entity's status. A multicharacter public code may be provided which the
`
`system can map to provide permit delivery of items, complete telephone calls and perform other
`
`functions for entities. The system may also be utilized to locate an individual based on limited
`
`biological data. Organizations utilizing the system may have custom software facilitating their
`
`access and use of the system.
`
`The second reference, US 6819219 (“Bolle”), teaches an invention to wirelessly
`
`authenticate a user using a combination of biometrics (e. g., fingerprint) and a locally stored
`
`biometric template.
`
`In regards to claim 1, the prior art taken either individually or in combination with other
`
`prior art of record fails to disclose, suggest, teach, or render obvious the invention as a whole an
`
`electronic ID device comprising: a biometric sensor configured to receive a biometric input
`
`provided by the user; a user interface configured to receive a user input including secret
`
`information known to the user and identifying information concerning an account selected by the
`
`user from the plurality of accounts; a communication interface configured to communicate with a
`
`secure registry; a processor coupled to the biometric sensor to receive information concerning
`
`the biometric input, the user interface and the communication interface, the processor being
`
`programmed to activate the electronic ID device based on successful authentication by the
`
`electronic ID device of at least one of the biometric input and the secret information, the
`
`processor also being programmed such that once the electronic ID device is activated the
`
`processor is configured to generate a non— predictable value and to generate encrypted
`
`authentication information from the non—predictable value, information associated with at least a
`
`portion of the biometric input, and the secret information, and to communicate the encrypted
`
`

`

`8
`
`Application/Control Number: 13/237,184
`
`Paper No. 20130308 — Page 4
`
`Art Unit: 3662
`
`authentication information via the communication interface to the secure registry; and wherein
`
`the communication interface is configured to wirelessly transmit the encrypted authentication
`
`information to a point—of—sale (POS) device, and wherein the secure registry is configured to
`
`receive at least a portion of the encrypted authentication information from the POS device.
`
`In regards to claim 15, the prior art taken either individually or in combination with other
`
`prior art of record fails to disclose, suggest, teach, or render obvious the invention as a whole a
`
`method comprising: authenticating an identity of a user to an electronic ID device based on at
`
`least one of biometric data received by the electronic ID device from the user and secret
`
`information known to the user and provided to the electronic ID device; activating the electronic
`
`ID device based on successful authentication; generating, responsive to activating, a non—
`
`predictable value with the electronic ID device; receiving, in a user interface, identifying
`
`information from the user concerning a selected one of a plurality of user accounts; generating
`
`encrypted authentication information from the non—predictable value, information associated
`
`with at least a portion of the biometric data, and the secret information; and communicating, by a
`
`communication interface, the encrypted authentication information from the electronic ID device
`
`to a secure registry via a point—of—sale (POS) device to authenticate the electronic ID device with
`
`the secure registry.
`
`In regards to claim 20, the prior art taken either individually or in combination with other
`
`prior art of record fails to disclose, suggest, teach, or render obvious the invention as a whole a
`
`method comprising: generating, with an electronic ID device, a non—predictable value;
`
`generating, with the electronic ID device, encrypted authentication information from the non—
`
`predictable value generated by the electronic ID device, information associated with at least a
`
`

`

`9
`
`Application/Control Number: 13/237,184
`
`Paper No. 20130308 - Page 5
`
`Art Unit: 3662
`
`portion of a biometric of the user received by the electronic ID device, and secret information
`
`provided to the electronic ID device by the user; communicating the encrypted authentication
`
`information from the electronic ID device to a secure registry via a point—of—sale (POS) device to
`
`authenticate or not authenticate the electronic ID device with the secure registry; authorizing the
`
`POS device to initiate a financial transaction involving a transfer of funds to or from the account
`
`selected by the user when the encrypted authentication information is successfully authenticated;
`
`and denying the POS device from initiation of the financial transaction involving a transfer of
`
`funds to or from the account selected by the user when the encrypted authentication information
`
`is not successfully authenticated.
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
`
`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
`
`Allowance.”
`
`Contact Information
`
`4.
`
`Examiner Calvin Cheung can normally be reached Monday — Friday, 8:00am. — 5:00pm.,
`
`EST.
`
`If attempts to reach the Examiner are unsuccessful, Primary Patent Examiner Tuan To’s
`
`telephone number is (571) 272—6985. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571—273—8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`

`

`1010
`
`Application/Control Number: 13/237,184
`
`Paper No. 20130308 - Page 6
`
`Art Unit: 3662
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/CALVIN CHEUNG/
`
`Examiner, Art Unit 3662
`Phone 571-270-7041
`
`Fax 571-270-8041
`
`

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