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`UNI 1 i-J) S 1A1 1:3 PA I am AND TRADEMARK OH—sct;
`
`
`
`IFN i'i‘lil) STATES DEPARTMENT OF COMMERCE-I
`Ifnilcd Stalcs- Patent and Trademark Office
`Address: COMMISSIONER I'UR 1’;\'l'l£N'i'S
`PO. flux l-t-SIJ
`Alexandria. Virginia 221“ 3- I450
`wu-u'.LISPlo.gor
`
`APPLICA'I'ION NO.
`FILING llfl'i'li
`I‘IRS'i' NAMI'LD INVii-N'I'OR
`.-\'l"l'()1{Nl£Y IXJI‘KIE'I‘ NO.
`CONFERMA'I'IOX NU.
`
`13231184
`UWEUIZUII
`Kenneth P. Weiss
`WUfiBT-TUIFIZU
`i352
`
`T3463
`
`75‘”)
`‘
`.. .
`IANDO & ANAS I A51. U .1)
`ON 1i MAIN S'l‘lflziifll‘, SUITE 1 I00
`CAMBRIDGE. MA 02 I42
`
`EJJIITIEHIF
`
`.
`.
`.
`l-.X.J\Mif\l'.R
`
`CHEF-VG- <'-‘AJ-\’IN K
`
` 366?
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`UIIITQUIS
`
`liIJLC'I‘RO-Nli’.‘
`
`Please find below andr'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 add1‘ess(es):
`
`dockeling @I A] .aw.com
`gengclson @ I A] .aw.com
`
`PTOL—00A (Rev. 04M?)
`
`i
`
`VISA - EXHIBIT 1109
`
`VISA - EXHIBIT 1109
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant{s)
`
`13i237.184
`
`Examine,
`
`WEISS. KENNETH P.
`
`A“ Unit
`
`-- The MAiLiNG DA TE of this communication appears on the cover sheet with the correspondence address --
`Period tor Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICH EVER IS LONGER FROM THE MAILING DATE OF THIS COMMUNICATION
`Extensions of time may be available under the provisions of 3? CFR 1.136(a).
`In no event however. may a reply be timely tiled
`after SIX (6} MONTHS from the mailing date of this communication.
`It NO period [or 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}.
`Any reply received by the Ottice later than three months after the mailing date of this communication. even it timely tiled. may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b‘1.
`
`Status
`
`1)} Responsive to ccmmunicationjs) filed on t7December 2012.
`
`2am This action is FINAL.
`
`2b)I:I This action is non—final.
`
`8)I:I An election was made by the 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)I:I 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 Ex parte Quayle, 1935 CD. 11,453 QG. 213.
`
`Disposition of Claims
`
`5). Ciairn(s) l 2and 4-28 isiare pending in the application.
`
`
`5a) Of the above claim(s)
`
`isiare withdrawn from consideration.
`
`6)|:l Ciaim(s) _ isiare allowed.
`
`7)) Ciaim(s) l 2and 4-28 isiare rejected
`
`8)I:l Claim(s) _ isiare objected to.
`
`
`9)|:I Claim(s)
`
`are subject to restriction andior election requirement.
`
`* If any claims have been determined allowable, 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 :iiwww.tis to.oovi;atentsiinlt eventsipbhiinder—x 's or send an inquiry toPPeredbacirc user.
`
`
`
`
`
`
`‘-.-
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`11”] The drawing(s) filed on _ isiare: a)I:| accepted or b)l:] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 135(3).
`
`Replacement drawing sheet(s) including the correction is required if the drawingls) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`
`12”] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(al-(d) or (t).
`
`a)|j All
`
`b)I:I Some * c)I:I None of:
`
`1.|:I Certified copies of the priority documents have been received.
`
`21:! Certified copies of the priority documents have been received in Application No.
`
`
`
`3.I: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(a)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachmenfls}
`
`1) E Notice of References Cited (PTO-892)
`
`3) El Interview Summary (PTO-413)
`Paper No(5)iMaiI Date.
`4) El Other:
`2) El Iniorrnation Disclosure Statementls) (PTOr’SBiOS)
`Paper No(5)iMail Date
`
`US. Patent and Trademark O‘Hice
`
`PTOL-326 (Rev. 09-12)
`
`Office Action Summary
`
`1
`
`1
`
`Fan of Paper No.iMail Date 20130101
`
`

`

`ApplicationfControl Number: i3r’237",184
`
`Paper No. 20130103 - Page 2
`
`Art Unit: 3662
`
`DETAILED ACTION
`
`1.
`
`This office action is given an identifier, Paper No. 20130103, for reference purposes
`
`only.
`
`Status of Claims
`
`2.
`
`Claim 3 is cancelled; claims 21—28 are newly added by claim amendments filed 17
`
`December 2012. Therefore, claims 1-2 and 4-28 are examined in this office action.
`
`3.
`
`Applicant’s arguments filed 1? 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 Examiner respectfully disagrees.
`
`

`

`ApplicationfControl Number: 13f23?,184
`
`Paper No. 20130103 - Page 3
`
`Art Unit: 3662
`
`Weiss discloses “In one embodiment, ...to access the USR database, ... retrieves a secret user
`
`code andfor time-varying value. . .obtains from the user a secret personal identification code.
`
`... mathematically combines these three numbers using a predetermined algorithm to
`
`generate a one—time “Unpredictable code. . .” from 1| 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 code is utilized as authentication information to determine
`
`whether a user is granted access (‘11 51).
`
`Appiicant repeats the arguments above for claims 15 and 20 and the Examiner traverses
`
`these repeated arguments with the same rationale.
`
`§ 103 Rejection
`
`With respect to ciaim 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 Wcichert nor
`
`Boile cure this deficiency.” In response, Appiicant repeats the arguments above for claim 1 and
`
`the Examiner traverses these repeated arguments with the same rationale.
`
`

`

`ApplicationiControl Number: l3i23'i,184
`
`Paper No. 20130103 - Page 4
`
`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 alt. 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 it) and I l; 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 2] is objected to because of the following informalities:
`
`Claim Objections
`
`Regarding Claim 21, line 3 rccitcs “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. ll2(b):
`
`(B) CONCLUSION. -—The specification shall conclude with one or more claims particularly pointing out and
`distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
`
`The following is a quotation of35 U.S.C. ll2 {pre-AIA), second paragraph:
`
`The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject
`matter which the applicant regards as his invention.
`
`

`

`ApplicationfControl Number: i3f23?,184
`
`Paper No. 20130103 - Page 5
`
`Art Unit: 3662
`
`6.
`
`Claims 1-2 and 4-28 are rejected under 35 U.S.C. 112th) or 35 U.S.C. 112 (pre-AIA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly claim the
`
`subject matter which the inventor or 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 whether this limitation is (l) a new limitation
`
`or (2) making reference to the existing “encrypted authentication information” in line 13.
`
`Furtheimore, 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. There is
`
`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 i 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. There is
`
`insufficient antecedent basis for this limitation in the claim.
`
`

`

`ApplicationfControl Number: 13931184
`
`Paper No. 20130103 - Page 6
`
`Art Unit: 3662
`
`Claim 10 recites the limitation “the device” in lines I and 2. There is insufficient
`
`antecedent basis for this limitation in the claim.
`
`Claim 1 l recites the limitation “The device” in lines I 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 ofa
`
`biometric data” from lines 10- ll. It is unclear whether this limitation is (l) 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
`
`antecedent basis 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 1? recites the limitation “the device” in lines I and 3. There is insufficient
`
`antecedent basis for this limitation in the claim.
`
`

`

`ApplicationfControl Number: 13931184
`
`Paper No. 20130103 - Page T"
`
`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 whether this limitation
`
`is (l) 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 § 1'02
`
`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 person shall 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 [—2, 4—6 and 13—28 are rejected under 35 U.S.C. 102(1)) as being anticipated by US
`
`20020128364 AI (“Weiss”) from IDS.
`
`Regarding Claim 1, Weiss discloses an electronic 1D device (e.g., electronic 1D device, ‘11
`
`52) configured to allow a user (cg, person) to select any one ofa 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, ‘jl 17, 52, FIG. 1, 3—4 with associated text}:
`
`

`

`ApplicationfControl Number: l3r23?,184
`
`Paper No. 20130103 - Page 8
`
`Art Unit: 3662
`
`o
`
`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 (‘fl 1?,
`
`42);
`
`o
`
`a user interface (e. g., user interface 26) configured to receive:
`
`0
`
`a user input including secret information (e.g., personal identification number)
`
`known to the user (‘I[ 42, 53) and
`
`0
`
`identifying information (e.g., biometric information) concerning an account
`
`selected by the user from the plurality of accounts (Abstract, ‘I[ 43, 47, 57",
`
`FIG. 1, 3—4 with associated text);
`
`0
`
`a communication interface (cg, Internet) configured to communicate with a secure
`
`registry (e.g., database 24) (‘fi 38, 41); and
`
`I
`
`a processor (e.g., CPU 16) coupled to the biometric sensor to receive information
`
`concerning the biometric input (‘11 38-42, 48-53, FIG. 1, 3 with associated text), the
`
`user interface and the communication interface,
`
`a
`
`the processor being programmed to 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 1| 52, “the term, ‘clcctronic [D device” will be used generically to refer to any of
`
`electronic device that may be used to obtain access to the USR database”):
`
`0
`
`to generate a non—predictable value (cg, non—predictable singie use codes, ‘il
`
`52) and
`
`

`

`ApplicationfControl Number: i3f23?,184
`
`Paper No. 20130103 - Page 9
`
`Art Unit: 3662
`
`o
`
`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, T4, 98, 100. Weiss discloses (I)
`
`“transactions to and from the database may take place using a public
`
`keyx'private key security system” from 1| 12 and (2) “a secret user code andfor
`
`time varying valuc...and persona! identification code... combines these three
`
`numbers using a predetermined algorithm to generate a one-time
`
`nonprcdictabic code” from 1| 51 is used to authenticate the user.), and
`
`o
`
`to communicate the encrypted authentication information via the
`
`communication interface to the secure registIy ("H 12, 45, 51, 100).
`
`Regarding Claim 2, Weiss discloses:
`
`I wherein the communication interface is configured to wirelessly transmit the
`
`encrypted authentication information to a point-of—sale (POS) device (‘11 1?, 51-52, 3'4
`
`and FIG. 10, I? with associated text), and
`
`0 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).
`
`

`

`ApplicationfControl Number: i3t23?,184
`
`Paper No. 20130103 - Page 10
`
`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 ("fl 12—13, 16—17, 41—42, 47—48).
`
`Regarding Claim 6, Weiss discloses wherein the secret information includes the
`
`identifying Information (‘ii 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 speechr’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 DNA input (e.g., DNA analysis) ("fl 1?).
`
`Regarding Claim 14, Weiss discloses:
`
`0 wherein the processor is configured to generate account identifying information for
`
`the respective one of the plurality of accounts (‘ii 51—53),
`
`0 wherein the account identifying information does not identify an account number of
`
`the respective one of the plurality of accounts (‘II 67—68, 8?).
`
`Regarding Claim 15, Weiss discloses a method of generating authentication information
`
`comprising acts of (Abstract, ‘fl 1?, 4148, 54):
`
`

`

`ApplicationfControl Number: 13i’237",184
`
`Paper No. 20130103 - Page 11
`
`Art Unit: 3662
`
`o
`
`authenticating an identity of a user to an electronic ID device (e.g., electronic [D
`
`device, ‘1! 52) based on at teas! 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 known to the user and provided to the device (‘11 17", 51-53);
`
`0
`
`activating (e.g., obtain access) the electronic ID device based on successful
`
`authentication (‘fl 51-53, 58-59; in particular‘fl 52);
`
`a
`
`generating, responsive to activating, a non-predictable value with the device (51 51-53,
`
`53. 74)“,
`
`a
`
`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, (ll 7’4, FIG.
`
`1 with associated text);
`
`0
`
`generating encrypted authentication information from the non—predictable value,
`
`information derived from at least a portion of the biometric data, and the secret
`
`information (‘11 12, 45, 51-53, 74, 98, 100. Weiss discloses (l) “transactions to and
`
`from the database may take place using a pubiie kcyr’privatc key security system”
`
`from 1| 12 and (2) “a secret user code andfor time varying value...and personal
`
`identification code... combines these three numbers using a predetermined aigorithm
`
`to generate a one-time nonpredictabie code” from 1] 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) (‘ii 12, 34, 41, 45,
`
`51,100).
`
`

`

`ApplicationfControl Number: 131231184
`
`Paper No. 20130103 - Page 12
`
`Art Unit: 3662
`
`Regarding Claim 161 Weiss discloses an act of displaying, on the user interface indicators
`
`for the plurality of user accounts stored in a memory of the 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”, 1] 53).
`
`Regarding Claim 1?, Weiss discloses tie-activating the device without generating the
`
`encrypted authentication information ifthe identity of the user is not successfully authenticated
`
`to the device (‘H 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 ("ll 17, 51—53, 74. Two options satisfy the “at least two” limitation which are listed by
`
`Weiss).
`
`Regarding Claim 19, Weiss discloses generating encrypted authentication information in
`
`a manner that allows the 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).
`
`

`

`ApplicationfControl Number: l3i’23?,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, ‘1[ 17, 473—48, 54):
`
`0
`
`generating, with a device, enc1ypted authentication information ("ll 12, 45, 98) from a
`
`non- predictable value generated by the device (‘][ 51-53),
`
`0
`
`information derived from at least a portion of a biometric of the user received
`
`by the device {‘fl 1?, 51-53) and
`
`0
`
`secret information provided to the device by the user {‘I[ IT, 53);
`
`o
`
`communicating the encrypted authentication information from the device to a secure
`
`registIy via a point—of—sale (POS) device to authenticate or not authenticate the device
`
`with the secure registry (‘11 12, 45, 51-53, 74, 100);
`
`I
`
`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 (‘11 74-?6. ‘][ 76 provides the results of a
`
`transaction); and
`
`I
`
`denying the POS device from initiation of the financial transaction invoiving a
`
`transfer of funds to or from the account selected by the user when the encrypted
`
`authentication information is not successfully authenticated (‘11 74-?6. ‘fl T6 provides
`
`the results of a transaction).
`
`Regarding Claim 2 l, Weiss discloses:
`
`a
`
`an act of generating an account identifier (e.g., user’s private key) for the selected one
`
`of the piurality of user accounts that does not include an account number (‘K 12), and
`
`

`

`ApplicationfControl Number: l3i’237",184
`
`Paper No. 20130103 - Page 14
`
`Art Unit: 3662
`
`0 Wherein the of generating encrypted authentication information includes using the
`
`account identifier for the identifying information (‘11 12-13).
`
`Regarding Claim 22, Weiss discloses wherein (from FIG. 1):
`
`o
`
`the processor (e.g., CPU 16 from FIG. l) is configured to display indicators (c.g.,
`
`person, financial or other information) for the plurality of accounts in the user
`
`interface (FIG.
`
`1 with associated text), and
`
`I
`
`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 “used to selectively provide personal, financial or other information
`
`about a person”, 1] 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 (‘H 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 user interface.)
`
`Regarding Claim 24, Weiss discloses wherein the user interface is configured to accept
`
`selection of at least one product or service (‘i[ 53, 99-100. Weiss“ invention demonstrates a buyer
`
`of legal age will be accepted to buy alcohol.)
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`

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`ApplicationfControl Number: l3i’237’,184
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`Paper No. 20130103 - Page 15
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`Art Unit: 3662
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`Regarding Claim 25. Weiss discloses displaying options for purchase on the user
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`interface {‘H 53, 99—100. Buyer must authenticate age and identity before purchasing alcohol
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`because alcohol is an age-restricted product. Weiss” invention transmits back “user’s photograph,
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`agc information” of buyer to merchant‘s user interface.).
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`Regarding Claim 26. Weiss discloses selecting with the user interface at least one product
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`or service for purchase (‘11 53, 99-100. Weiss’ invention demonstrates a buyer of legal age will be
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`accepted to buy alcohol).
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`Regarding Claim 2?, Weiss discloses displaying options for purchase on the user
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`interface {‘H 53, 99-100. Buyer must authenticate age and identity before purchasing alcohol
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`because alcohol is an age—rcstrictcd product. Weiss’ invention transmits back “user‘s photograph.
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`age information” of buyer to merchant’s- user interface).
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`Regarding Claim 28, Weiss discloses selecting with the user interface at least one product
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`or service for purchase (‘1[ 53, 99-100. Weiss‘ invention demonstrates a buyer of legal age will be
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`accepted to buy alcohol).
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`8.
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`Claim 7 is rejected under 35 U.S.C. 103(a) as being unpatentable over Weiss and further
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`in view of US 6819219 (“Bolle”) from IDS.
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`

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`ApplicationfControl Number: l3i’237",184
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`Paper No. 20130103 - Page 16
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`Art Unit: 3662
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`Regarding Claim 7, Weiss discloses a memoly coupled to the processor (‘11 1?, 52, FIG. 1
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`with associated text.).
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`Weiss does not directly disclose wherein the memory stores information employed by the
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`device to authenticate the biometric received by the biometric sensor ("fl IT, 52, FIG.
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`I 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 l, 7’ and 10 with associated
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`text. Observe Figure l0, Element 1004). It would have been obvious to 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- l2 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).
`
`Regarding Claim 8, Weisszolle Combination does not directly disciose 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 Examiner takes Official Notice it is well known in 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 (As evidenced by Drexler (US 5457747). (37:64-C8127" and FIG. 3 with
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`

`

`ApplicationfControl Number: l3r’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 obvious to 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 Weisszolle 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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`I wherein the secret information known to the user includes a PIN (‘11 1?, 53), and
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`I 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 mmbination...”,1 W,
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`73, 100).
`
`Regarding Claim 10, Weiss discioses a memory coupled to the processor (‘fl 1?, 52, FIG.
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`I with associated text).
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`Weissr’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 known in the art credit card holders call a
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`telephone number associated with the credit card number to activate their credit cards before they
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`are allowed to make purchases (As evidenced by Fiitcroft (US 2003002848!) which states,
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`“...whcn a new credit 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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`

`

`ApplicationtControl Number: 13,032,184
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`Paper No. 20130103 - Page 18
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`Art Unit: 3662
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`card issuer to activate the card before it can be used”, 1] 200). It would have been obvious to 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 WeisstBolle 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 1 l, Weisszolle Combination does not directly disclose wherein the
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`data is subject to a mathematical operation that acts to modify the data such that it is
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`unintelligible until the device is activated.
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`The Examiner takes Official Notice it is well known in the art the credit card data is
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`blocked from making purchases until activated (As evidenced by Flitcroft (US 20030028481)
`
`which states, “when a new credit card is presently issued, it is commonly required that the card
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`holder activate the ram“ 1] 200. Thus the card is not yet active to make any purchase).
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`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 WeisstBolle 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 someone other than the intended credit card holder.
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`Regarding Claim 12, Weiss discloses
`
`I
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`a memory:
`
`0
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`coupled to the processor (‘fl 1?, 52, FIG. 1 with associated text) and
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`

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`ApplicationfControl Number: l3f23?,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 (‘]I 1?, 52, FIG. 1 with associated text),
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`0 wherein the processor is configured to generate a seed using at feast 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 (3% 7"4), the PIN {‘fl 1?, 53), a time
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`value {‘I[ 51), and the biometric input ("fl 1?) to generate the encrypted authentication
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`information (‘fl 51-53, 74), and
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`0 wherein the seed is employed by the processor to generate the non—pi‘edictabie value
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`(‘][ 51-53. 74).
`
`Weisszolle Combination does not directly disclose store an electronic serial number.
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`The Examiner takes Official Notice it is well known in the art electronic devices that
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`operate an operating system have unique registration number (As evidenced by Krasinski (US
`
`20030084332 ) which states, “several unique or distinct identifiers exits” one of which is an
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`“operating system registration number“, 1| 17.). It would have been obvious to one of ordina1y
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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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`Weissi’Bolle combination by incorporating a unique digital number as 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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`l0.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 3? CFR l.l36(a).
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`A shonened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`

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`ApplicationfControl Number: l3r’23?,184
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`Paper No. 20130103 - Page 20
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`Art Unit: 3662
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`MONTHS of 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—MONTH shortened statut01y 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 3?
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action.
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`In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the mailing
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`date of this final action.
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`Contact Information
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`11.
`
`Examiner Calvin Cheung’s direct telephone number is (571) 270-?041 and direct fax is
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`(571) 270—804! and can normally be reached Monday — Friday, 8:00am. — 5:00pm., EST.
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`If attempts to reach the Examiner are unsuccessful, Primary Patent Examiner Tuan To‘s
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`telephone number is {5?1) 27’2—6985. The fax phone number for the organization where this
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`application or proceeding is assigned is 5? 1-23-8300.
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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)