`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`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
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONFIRMATIONNO.
`
`13/237,184
`
`09/20/2011
`
`Kenneth P. Weiss
`
`W0537-701320
`
`7352
`
`37462
`7590
`LANDO & ANASTASI, LLP
`ONE MAIN STREET, SUITE 1100
`CAMBRIDGE, MA 02142
`
`01/17/2013
`
`3
`
`EXAMINER
`CHEUNG,CALVIN K
`ART UNIT
`PAPER NUMBER
`
`3662
`
`
`
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/17/2013
`
`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):
`docketing @LALaw.com
`gengelson@LALaw.com
`
`PTOL-90A (Rev. 04/07)
`
`Apple 1009
`Apple 1009
`
`

`

`
`Application No.
`Applicant(s)
`
`Office Action Summary
`
`13/237,184
`Examiner
`CALVIN CHEUNG
`
`WEISS, KENNETHP.
`Art Unit
`3662
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTH(S) OR THIRTY(30) DAYS,
`WHICHEVER IS LONGER, 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 be timely filed
`after SIX (6) MONTHS from 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) MONTHS from 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).
`Anyreply 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)X] Responsive to communication(s)filed on 17 December 2012.
`2a)X] This action is FINAL.
`2b)L] This action is non-final.
`3)L] An election was made bythe applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`4)_] Sincethis application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)X] Claim(s) 1,2 and 4-28 is/are pending in the application.
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7)X] Claim(s) 1,2 and 4-28 is/are rejected.
`8)L] Claim(s) ___is/are objectedto.
`
`9)L] Claim(s)
`are subject to 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
`htto//Awww.uspto.gov/patenis/init events/ooh/index.jiso or send an inquiry to PPHieedback@usopio.qov.
`
`Application Papers
`
`10)L] The specification is objected to by the Examiner.
`
`11) The drawing(s) filed on
`is/are: a)[_] 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)[] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)L] All
`)LJ Some * c)L] None of:
`1..] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copiesof 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) Xx Notice of References Cited (PTO-892)
`
`2) | Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) CT] Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`4) | Other:
`
`PTOL-326 (Rev. 09-12)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20130101
`
`
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 2
`
`Art Unit: 3662
`
`1.
`
`This office action is given an identifier, Paper No. 20130103, for reference purposes
`
`DETAILED ACTION
`
`only.
`
`Status of Claims
`
`2.
`
`Claim 3 is cancelled; claims 21-28 are newly added by claim amendmentsfiled 17
`
`December 2012. Therefore, claims 1-2 and 4-28 are examinedin this office action.
`
`3.
`
`Applicant’s arguments filed 17 December 2012 have been fully considered but they are
`
`Response to Arguments
`
`not persuasive.
`
`Specification Objection
`
`This objection is withdrawn.
`
`Claim Objection
`
`This objection is withdrawn.
`
`§ 102 Rejection
`
`Applicant argues the Weiss reference “does not teach or suggest the generation of
`
`authentication information from the non-predictable value, information derived from at least a
`
`portion of the biometric input, and the secret information.” The Examinerrespectfully disagrees.
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 3
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`Art Unit: 3662
`
`Weiss discloses “In one embodiment, ...to access the USR database, ... retrieves a secret user
`
`code and/or time-varying value...obtains from the user a secret personalidentification code.
`
`... mathematically combines these three numbers using a predetermined algorithm to
`
`generate a one-time nonpredictable code...” from {| 51. This passage clearly shows that Weiss
`
`discloses generating a non-predictable value, information derived from at least a portion of the
`
`biometric input, and the secret information. Weiss then discusses about generating authentication
`
`information from the nonpredictable value by transmitting the nonpredictable value to another
`
`computer, where the nonpredictable codeis utilized as authentication information to determine
`
`whether a user is granted access ({/ 51).
`
`Applicant repeats the arguments above for claims 15 and 20 and the Examinertraverses
`
`these repeated arguments with the samerationale.
`
`§ 103 Rejection
`
`With respect to claim 3, arguments are moot because Applicant has cancelled this claim.
`
`Applicant argues the Weiss reference “does not teach or suggest the generation of
`
`authentication information from the non-predictable value, information derived from at least a
`
`portion of the biometric input, and the secret information” and includes “Neither Weichert nor
`
`Bolle cure this deficiency.” In response, Applicant repeats the arguments above for claim 1 and
`
`the Examinertraverses these repeated arguments with the samerationale.
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 4
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`Art Unit: 3662
`
`Applicant argues the Official Notice used in the rejection of claims 8-12 and requests for
`
`documentation to support what is well-known in the art. As requested, the Examiner is now
`
`providing the Drexler reference as evidence to support his position for rejecting claims 8 and 9;
`
`the Flitcroft reference as evidence to support his position for rejecting claims 10 and 11; and the
`
`Krasinski reference as evidence to support his position for rejecting claim 12.
`
`Double Patenting Rejection
`
`This rejection is withdrawn because The Office has approved the Terminal Disclaimer on
`
`21 December 2012.
`
`4,
`
`Claim 21 is objected to because of the following informalities:
`
`Claim Objections
`
`Regarding Claim 21, line 3 recites “wherein the of’ which is grammatically incorrect.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 112
`
`5.
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(B) CONCLUSION.—Thespecification shall conclude with one or more claimsparticularly pointing out and
`distinctly claiming the subject matter which the inventoror 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 claimsparticularly pointing out anddistinctly claiming the subject
`matter which the applicant regards as his invention.
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 5
`
`Art Unit: 3662
`
`6.
`
`Claims 1-2 and 4-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIJA),
`
`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 pre-AIA the applicant regards as the
`
`invention.
`
`Claim 1 recites an indefinite limitation, “information derived from at least a portion of
`
`the biometric input” from lines 14-15. It is unclear whetherthis limitation is (1) a new limitation
`
`or (2) making reference to the existing “encrypted authentication information” in line 13.
`
`Furthermore, claims 2, 4-14 and 22-24 are rejected based on dependency.
`
`Claims 2, 4-6, 13-14 and 22-24 recite the limitation “The device” in line 1 only. Thereis
`
`insufficient antecedent basis for this limitation in the claim.
`
`Claim 7 recites the limitation ““The device” in lines 1 and “‘the device” in line 2. There is
`
`insufficient antecedent basis for this limitation in the claim.
`
`Claim 8 recites the limitation “The device” and “‘the device” in line 1 and “the device” in
`
`line 3. There is insufficient antecedent basis for this limitation in the claim.
`
`Claim 9 recites the limitation ““The device’ in line 1 and “‘the device” in line 3. Thereis
`
`insufficient antecedent basis for this limitation in the claim.
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 6
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`Art Unit: 3662
`
`Claim 10 recites the limitation “the device” in lines 1 and 2. There is insufficient
`
`antecedentbasis for this limitation in the claim.
`
`Claim 11 recites the limitation “The device” in lines 1 and “the device” in line 2. There
`
`is insufficient antecedent basis for this limitation in the claim.
`
`Claim 12 recites the limitation “The device” in lines 1 and “the device” in line 2. There
`
`is insufficient antecedent basis for this limitation in the claim.
`
`Claim 15 recites an indefinite limitation,“information derived from at least a portion of a
`
`biometric data” from lines 10-11. It is unclear whetherthis limitation is (1) a new limitation or
`
`(2) making reference to the existing “encrypted authentication information” in line 9.
`
`Furthermore, claims 16-19, 21 and 25-26 are rejected based on dependency.
`
`Claim 15 recites the limitation “the device” in lines 3 and 4. There is insufficient
`
`antecedentbasis for this limitation in the claim.
`
`Claim 16 recites the limitation “‘the device” in line 4. There is insufficient antecedent
`
`basis for this limitation in the claim.
`
`Claim 17 recites the limitation “the device” in lines 1 and 3. There is insufficient
`
`antecedentbasis for this limitation in the claim.
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 7
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`Art Unit: 3662
`
`Claim 18 recites the limitation “the device” in line 3. There is insufficient antecedent
`
`basis for this limitation in the claim.
`
`Claim 20 recites an indefinite limitation, “information derived from at least a portion of a
`
`biometric of the user received by the device” from lines 5-6. It is unclear whetherthis limitation
`
`is (1) a new limitation or (2) making reference to the existing “encrypted authentication
`
`information” in line 3. Furthermore, claims 27 and 28 are rejected based on dependency.
`
`Claim Rejections - 35 USC § 102
`
`7.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the rejections under this section made in this Office action:
`
`A personshall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or
`on sale in this country, more than one year prior to the date of application for patent in the United States.
`
`Claims 1-2, 4-6 and 13-28 are rejected under 35 U.S.C. 102(b) as being anticipated by US
`
`20020178364 Al (“Weiss”) from IDS.
`
`Regarding Claim 1, Weiss discloses an electronic ID device(e.g., electronic ID device, {
`
`52) configured to allow a user(e.g., person) to select any one of a plurality of accounts(e.g.,
`
`“Credit Card and other financial information” in FIG. 1) associated with the user to employ in a
`
`financial transaction, comprising (Abstract, { 17, 52, FIG. 1, 3-4 with associated text):
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 8
`
`Art Unit: 3662
`
`e
`
`a biometric sensor(e.g., data input devices, such as voice and other audio and video
`
`capture devices) configured to receive a biometric input provided by the user ({ 17,
`
`42);
`
`e
`
`auserinterface (e.g., user interface 26) configured to receive:
`
`©
`
`auser input including secret information (e.g., personal identification number)
`
`knownto the user ({ 42, 53) and
`
`o
`
`identifying information (e.g., biometric information) concerning an account
`
`selected by the user from the plurality of accounts (Abstract, {| 43, 47, 57,
`
`FIG. 1, 3-4 with associated text);
`
`e
`
`acommunication interface (e.g., Internet) configured to communicate with a secure
`
`registry (e.g., database 24) (7 38, 41); and
`
`e
`
`a processor (e.g., CPU 16) coupled to the biometric sensor to receive information
`
`concerming the biometric input ({[ 38-42, 48-53, FIG. 1, 3 with associated text), the
`
`user interface and the communication interface,
`
`e
`
`the processor being programmedto activate (e.g., obtain access) 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 ({ 38-42, 51-53; 58-59.
`
`From {[ 52, “the term, ‘electronic ID device’ will be used generically to refer to any of
`
`electronic device that may be used to obtain access to the USR database.”’):
`
`©
`
`to generate a non-predictable value (e.g., non-predictable single use codes, {
`
`52) and
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 9
`
`Art Unit: 3662
`
`©
`
`to generate encrypted authentication information from the non-predictable
`
`value, information derived from at least at a portion the biometric input and
`
`the secret information ({ 12, 45, 51-53, 74, 98, 100. Weiss discloses (1)
`
`“transactions to and from the database maytake place using a public
`
`key/private key security system” from ¥ 12 and (2) “a secret user code and/or
`
`time varying value...and personalidentification code... combines these three
`
`numbers using a predeterminedalgorithm to generate a one-time
`
`nonpredictable code” from 4 51 is used to authenticate the user.), and
`
`©
`
`to communicate the encrypted authentication information via the
`
`communication interface to the secure registry ({ 12, 45, 51, 100).
`
`Regarding Claim 2, Weiss discloses:
`
`e wherein the communication interface is configured to wirelessly transmit the
`
`encrypted authentication information to a point-of-sale (POS) device ({| 17, 51-52, 74
`
`and FIG. 10, 17 with associated text), and
`
`e wherein the secure registry is configured to receive at least a portion of the encrypted
`
`authentication information from the POS device (FIG. 8-10 with associated text, see
`
`Elements 804, 904, 1002. Observe information flows according to “Merchant
`
`transmits to USR”’.).
`
`Regarding Claim 4, Weiss discloses wherein the device comprises a discrete code
`
`associated with the electronic ID device ({ 74).
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 10
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`Art Unit: 3662
`
`Regarding Claim 5, Weiss discloses wherein at least a portion of the biometric received
`
`by the biometric sensor is communicated to the secure registry for authentication prior to
`
`generation of the encrypted authentication information ({ 12-13, 16-17, 41-42, 47-48).
`
`Regarding Claim 6, Weiss discloses wherein the secret information includes the
`
`identifying Information ({ 53).
`
`Regarding Claim 13, Weiss discloses wherein the biometric sensor is configured to
`
`receive and process at least one (Only one option is required to satisfy the claimed limitation of
`
`‘at least one’) of a fingerprint(e.g., fingerprint), a speech/voice input (e.g., voice print), an iris
`
`scan (e.g., iris), a retina scan, a facial scan (e.g., facial), written information(e.g., signature) and
`
`a DNAinput (e.g., DNA analysis) ({ 17).
`
`Regarding Claim 14, Weiss discloses:
`
`e wherein the processoris configured to generate accountidentifying information for
`
`the respective one of the plurality of accounts ({ 51-53),
`
`e wherein the accountidentifying information does not identify an account numberof
`
`the respective one of the plurality of accounts ({[ 67-68, 87).
`
`Regarding Claim 15, Weiss discloses a method of generating authentication information
`
`comprising acts of (Abstract, {| 17, 47-48, 54):
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 11
`
`Art Unit: 3662
`
`authenticating an identity of a user to an electronic ID device(e.g., electronic ID
`
`device, { 52) based on at least one (Only one option is required to satisfy the ‘at least
`
`one’ limitation) of biometric data received by the device from the user and secret
`
`information knownto the user and provided to the device ({| 17, 51-53);
`
`activating (e.g., obtain access) the electronic ID device based on successful
`
`authentication ({| 51-53, 58-59; in particular {[ 52);
`
`generating, responsive to activating, a non-predictable value with the device ({[ 51-53,
`
`58, 74);
`
`receiving, in a user interface (e.g., user interface 26 from FIG. 1), identifying
`
`information from the user concerning a selected one of a plurality of user accounts
`
`(Abstract, | 74, FIG. 1 with associated text);
`
`generating encrypted authentication information from the non-predictable value,
`
`information derived from at least a portion of the biometric data, and the secret
`
`information ({ 12, 45, 51-53, 74, 98, 100. Weiss discloses (1) “transactions to and
`
`from the database maytake place using a public key/private key security system”
`
`from {| 12 and (2) “a secret user code and/or time varying value...and personal
`
`identification code... combines these three numbers using a predetermined algorithm
`
`to generate a one-time nonpredictable code” from {] 51 is used to authenticate the
`
`user.); and
`
`communicating, by a communication interface (e.g., Internet), the encrypted
`
`authentication information to a secure registry (e.g., database 24) ({ 12, 34, 41, 45,
`
`51, 100).
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 12
`
`Art Unit: 3662
`
`Regarding Claim 16, Weiss discloses an act of displaying, on the user interface indicators
`
`for the plurality of user accounts stored in a memory ofthe device (“...the verifying section of
`
`the database may contain a picture to be transmitted back to the person seeking to validate the
`
`device to ensure the person using the device is the correct person. Optionally, the identifying
`
`device itself may also be provided with a picture of the person authorized to use the card to
`
`provide facial confirmation of the person’s right to use the card”, 4 53).
`
`Regarding Claim 17, Weiss discloses de-activating the device without generating the
`
`encrypted authentication information if the identity of the user is not successfully authenticated
`
`to the device ({ 108).
`
`Regarding Claim 18, Weiss discloses generating a seed from which the authentication
`
`information is generated by employing the biometric data and the secret information known to
`
`the user (J 17, 51-53, 74. Twooptionssatisfy the ‘at least two’ limitation whichare listed by
`
`Weiss).
`
`Regarding Claim 19, Weiss discloses generating encrypted authentication information in
`
`a mannerthat allowsthe identification of the user and the selected one of the plurality of user
`
`accounts by a secure registry (FIG. 3, 6-10, 13 with associated text).
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 13
`
`Art Unit: 3662
`
`Regarding Claim 20, Weiss discloses a method of controlling access to a plurality of
`
`accounts, the method comprising acts of (Abstract, {| 17, 47-48, 54):
`
`generating, with a device, encrypted authentication information ({ 12, 45, 98) from a
`
`non- predictable value generated by the device ({[ 51-53),
`
`©
`
`information derived from at least a portion of a biometric of the user received
`
`by the device ({ 17, 51-53) and
`
`o
`
`secret information provided to the device by the user ({[ 17, 53);
`
`communicating the encrypted authentication information from the device to a secure
`
`registry via a point-of-sale (POS) device to authenticate or not authenticate the device
`
`with the secure registry (| 12, 45, 51-53, 74, 100);
`
`authorizing the POS deviceto 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 ({| 74-76. {| 76 providesthe results of a
`
`transaction.); and
`
`denying the POSdevice 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 ({| 74-76. { 76 provides
`
`the results of a transaction.).
`
`Regarding Claim 21, Weiss discloses:
`
`an act of generating an accountidentifier (e.g., user’s private key) for the selected one
`
`of the plurality of user accounts that does not include an account number({[ 12), and
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 14
`
`Art Unit: 3662
`
`e wherein the of generating encrypted authentication information includes using the
`
`accountidentifier for the identifying information ({| 12-13).
`
`Regarding Claim 22, Weiss discloses wherein (from FIG. 1):
`
`e
`
`the processor(e.g., CPU 16 from FIG. 1) is configured to display indicators (e.g.,
`
`person,financial or other information) for the plurality of accounts in the user
`
`interface (FIG. | with associated text), and
`
`e
`
`the user interface (e.g., user interface 26 from FIG. 1) is configured to accept user
`
`selection of a respective one of the plurality of accounts (Weiss discloses his
`
`invention may be “usedto selectively provide personal, financial or other information
`
`about a person”, {| 12 and handles unlimited amount of accounts according to FIG. 1).
`
`Regarding Claim 23, Weiss discloses wherein the user interface is configured to display
`
`options for purchase ({[ 53, 99-100. Buyer must authenticate age and identity before purchasing
`
`alcohol becausealcoholis an age-restricted product. Weiss’ invention transmits back “user’s
`
`photograph, age information” of buyer to merchant’s user interface.).
`
`Regarding Claim 24, Weiss discloses wherein the user interface is configured to accept
`
`selection of at least one product or service (J 53, 99-100. Weiss’ invention demonstrates a buyer
`
`of legal age will be accepted to buy alcohol.).
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 15
`
`Art Unit: 3662
`
`Regarding Claim 25, Weiss discloses displaying options for purchase on the user
`
`interface ({ 53, 99-100. Buyer must authenticate age and identity before purchasing alcohol
`
`because alcohol is an age-restricted product. Weiss’ invention transmits back “user’s photograph,
`
`age information” of buyer to merchant’s userinterface.).
`
`Regarding Claim 26, Weiss discloses selecting with the user interface at least one product
`
`or service for purchase ({| 53, 99-100. Weiss’ invention demonstrates a buyer of legal age will be
`
`accepted to buy alcohol.).
`
`Regarding Claim 27, Weiss discloses displaying options for purchase on the user
`
`interface ({ 53, 99-100. Buyer must authenticate age and identity before purchasing alcohol
`
`because alcohol is an age-restricted product. Weiss’ invention transmits back “user’s photograph,
`
`age information” of buyer to merchant’s userinterface.).
`
`Regarding Claim 28, Weiss discloses selecting with the user interface at least one product
`
`or service for purchase ({[ 53, 99-100. Weiss’ invention demonstrates a buyerof legal age will be
`
`accepted to buy alcohol.).
`
`8.
`
`Claim 7 is rejected under 35 U.S.C. 103(a) as being unpatentable over Weiss and further
`
`in view of US 6819219 (“Bolle”) from IDS.
`
`

`

`Application/Control Number: 13/237,184
`
`Paper No. 20130103 - Page 16
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`Art Unit: 3662
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`Regarding Claim 7, Weiss discloses a memory coupled to the processor ({| 17, 52, FIG. 1
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`with associated text.).
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`Weiss does not directly disclose wherein the memorystores information employedby the
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`device to authenticate the biometric received by the biometric sensor ({| 17, 52, FIG. 1 with
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`associated text).
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`However, Bolle teaches a memory stores information employed by the device to
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`authenticate the biometric received by the biometric sensor (Figure 1, 7 and 10 with associated
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`text. Observe Figure 10, Element 1004). It would have been obviousto one of ordinary skill in
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`the art at the time of the invention was made to modify the devices as disclosed by Weiss by
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`incorporating biometric readers on portable devices as taught by Bolle in order to capture
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`biometric information on a portable device.
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`9.
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`Claims 8-12 are rejected under 35 U.S.C. 103(a) as being unpatentable over Weiss in
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`view of Bolle and further in view of Official Notice (as evidenced by prior art references listed in
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`PTO-892).
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`Regarding Claim 8, Weiss/Bolle Combination does not directly disclose wherein the
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`device does not permit the entry of the user input if the biometric input received by the biometric
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`sensor is determined to not belong to an authorized user of the device.
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`The Examinertakes Official Notice it is well knownin the art a mismatch or non-
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`matched biometric reading not belonging to the rightful user provides a negative result which
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`prevents access (Asevidenced by Drexler (US 5457747), C7:64-C8:27 and FIG. 3 with
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`Application/Control Number: 13/237,184
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`Paper No. 20130103 - Page 17
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`Art Unit: 3662
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`associated text.). It would have been obviousto one of ordinary skill in the art at the time of the
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`invention was made to modify the devices as disclosed by Weiss/Bolle Combination by
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`incorporating a measure which prevents access when biometric readings do not match as taught
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`by Official Notice (as evidenced by Drexler) in order to increase security to personal equipment
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`and information.
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`Regarding Claim 9, Weiss discloses:
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`e wherein the secret information knownto the user includes a PIN ({ 17, 53), and
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`e wherein the authentication of both the secret information and the biometric input
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`activate the device for a financial transaction (“The identity of the user possessing the
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`identifying device may be verified at the point of use via any combination...”, J 17,
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`73, 100).
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`Regarding Claim 10, Weiss discloses a memory coupled to the processor ({[ 17, 52, FIG.
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`1 with associated text.).
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`Weiss/Bolle Combination does not directly disclose wherein data stored in the memory is
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`unavailable to an individual in possession of the device until the device is activated.
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`The Examiner takes Official Notice it is well knownin the art credit card holderscall a
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`telephone numberassociated with the credit card numberto activate their credit cards before they
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`are allowed to make purchases (As evidencedby Flitcroft (US 20030028481) whichstates,
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`“*’..when a newcredit card is presently issued, it is commonly required that the card holder
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`activate the card. Specifically, the card holder may be required to communicate with the credit
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`Application/Control Number: 13/237,184
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`Paper No. 20130103 - Page 18
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`Art Unit: 3662
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`card issuerto activate the card before it can be used”, §] 200). It would have been obviousto one
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`of ordinary skill in the art at the time of the invention was made to modify the devices as
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`disclosed by Weiss/Bolle Combination by incorporating an activation step as taught by Official
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`Notice (as evidenced by Flitcroft) in order to verify the rightful credit card holder has obtained
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`their card.
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`Regarding Claim 11, Weiss/Bolle Combination doesnot directly disclose wherein the
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`data is subject to a mathematical operation that acts to modify the data such thatit is
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`unintelligible until the device is activated.
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`The Examinertakes Official Notice it is well knownin the art the credit card data is
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`blocked from making purchases until activated (As evidenced by Flitcroft (US 20030028481)
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`whichstates, “when a newcredit card is presently issued,it is commonly required that the card
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`holder activate the card’ § 200. Thusthe card is not yet active to make any purchase.). It would
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`have been obvious to one of ordinary skill in the art at the time of the invention was made to
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`modify the electronic ID devices as disclosed by Weiss/Bolle Combination by incorporating a
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`protection step of preventing access to credit card usage as taught by Official Notice (as
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`evidenced by Flitcroft) in order to protect the credit card holder in the event the card is obtained
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`by someoneother than the intended credit card holder.
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`Regarding Claim 12, Weiss discloses
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`e
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`amemory:
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`o
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`coupled to the processor ({ 17, 52, FIG. 1 with associated text) and
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`Application/Control Number: 13/237,184
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`Paper No. 20130103 - Page 19
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`Art Unit: 3662
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`o
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`configured to the device ({[ 17, 52, FIG. 1 with associated text),
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`e wherein the processoris configured to generate a seed using at least two (Only two
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`option are required to satisfy the “at least two’ limitation) of the electronic serial
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`number, a discrete code associated with the device ({| 74), the PIN (4 17, 53), a time
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`value (51), and the biometric input ({| 17) to generate the encrypted authentication
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`information (4 51-53, 74), and
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`e wherein the seed is employed by the processor to generate the non-predictable value
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`({ 51-53, 74).
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`Weiss/Bolle Combination does not directly disclose store an electronic serial number.
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`The Examinertakes Official Notice it is well knownin the art electronic devices that
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`operate an operating system have unique registration number (As evidenced by Krasinski (US
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`20030084332 ) whichstates, “several unique ordistinct identifiers exits” one of which is an
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`“operating system registration number”, 4 17.). It would have been obviousto one of ordinary
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`skill in the art at the time of the invention was made to modify the devices as disclosed by
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`Weiss/Bolle combination by incorporating a unique digital numberas taught by Official Notice
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`(as evidenced by Krasinski) in order to identify the device.
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`Conclusion
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`10.
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`THIS ACTION IS MADEFINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortenedstatutory period for reply to this final action is set to expire THREE
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`MONTHSfrom the mailing date of this action. In the eventafirst reply is filed within TWO
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`Application/Control Number: 13/237,184
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`Paper No. 20130103 - Page 20
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`MONTHSof the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTHshortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHSfrom the mailing
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`date of this final action.
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`Contact Information
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`11.
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`Examiner Calvin Cheung’s direct telephone numberis (571) 270-7041 and direct fax is
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`(571) 270-8041 and can normally be reached Monday- Friday, 8:00a.m. - 5:00p.m., EST.
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`If attempts to reach the Examinerare unsuccessful, Primary Patent Examiner Tuan To’s
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`telephone numberis (571) 272-6985. The fax phone numberfor the organization wherethis
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`application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`maybe obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
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