`
`(cid:49)(cid:66)(cid:72)(cid:70)(cid:1)(cid:74)
`Page i
`
`UNITED STATES DEPARTMENT OF CORIMERCE
`United States Patent and Trademark Office
`A(I(In:ss'. COMMISSIONER FOR PA'I'I‘IN'I‘S
`PO. Box 1450
`AchamIrizl. Virginia 2:]13- I-ISI]
`wwwnspltlgov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`3?462
`
`7590
`
`[13!] sum 5
`
`LANDO & AN ASTASI. LLP
`ONE MAIN STREET, SUITE 1 100
`CAMBRIDGE. MA 02142
`
`EXAMINER
`
`anmvo. CALVIN K
`
`3668
`
`DATE MAILED: 0311592015
`
`APPLICATION NO.
`
`FILING DA'I‘E
`
`FIRST NAMIEI) INVI'IN'I‘OR
`
`ATTORNEY DOCKET NO.
`
`(IONI‘IRMA'I‘ION NO.
`
`Kenneth P. Weiss
`091’164'20] 3
`|4f021860
`TITLE OF INVENTION: NIETHOD AND APPARATUS FOR SECURE ACCESS PAYMENT AND IDENTIFICATION
`
`W0537—700922
`
`|0|6
`
` APPLN TYPE
`
`ENTITY STATUS
`
`[881:E FEE DL'E
`
`PUBLICATION FEE DUE
`
`PREV PAID ISSUE FEE
`
`TOTAI FEELS] DUE
`
`nonpmvisional
`
`SMAI I
`
`$430
`
`DATE DUE
`
`06!] RED] 5
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`TIIIS APPLICATION IS SUBJECT TO WITIIDRAWAL FROM ISSUE AT TIIE INITIATIVE OF TIIE OFFICE OR UPON
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`TAT IT RY PERI
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`T BE EXTE DED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
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`II. PART B - FEEt’S) TRANSMITTAL, or its equivalent. must be completed and returned to the United States Patent and Trademark Office
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`PTOI.—85 (Rev. DUI I}
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`Page I oI3
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`VISA _ EXHIBIT 1008
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`VISA - EXHIBIT 1008
`
`

`

`PART B - FEE(S) TRANSMITTAL
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`(cid:49)(cid:66)(cid:72)(cid:70)(cid:1)(cid:74)(cid:74)
`Page ii
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`Complete and send this form, together with applicable feets), to: Mail Mail Stop ISSUE FEE
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`T5910
`III-162
`LANDO 8L ANASTAEI, LII)
`2'
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`.. .
`1-
`t
`r
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`ON]: MAIN 51 Rh]: 1 ‘ SUIIE’ 1100
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`"Jeposilor's name}
`t Signature}
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`AI’I’IJCA'I'ION N0.
`
`FILING DA'I‘E
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`FIRST Isms-2|) INVEN'I‘OR
`
`A'I”I'()RNI£Y DOCKE'I' N0.
`
`CONFIRMATION N0.
`
`Kenneth P. Weiss
`09floi2013
`HAIZTBGO
`TITLE 01" lNVL-LN'I'ION: 1V1E'I'I 10D AND APPARATUS I'UR SECURE ACCESS PAYMENT AND IDENTIFICATION
`
`W053T-70092'2
`
`|0I6
`
`APPLN TYPE
`
`ENTITY STATI-'5
`
`ISSUE FEE DUE
`
`PIIBIICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEEtSJ DUE
`
`DATE DUE
`
`nonprovisional
`
`SMAI I
`
`5430
`
`06118i2015
`
`EXAMINER
`ART UNIT
`CLASSSUBLLASS
`
`CIIEUNG, CALVIN K
`705—050000
`
`
`
`. Change of correspondence address or indication of"Fee Address" [3’1"
`|
`CFR 1.363].
`:I Changeof correspondence address (or Change of Correspondence
`Address orm PI'Or'Slir' 122) attached.
`3 "Fee Address" indication (or "Fee Address" Indication form
`PTOISBMT: Rev 03-02 or more recent) attached. list: 01' a Customer
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`2. For printing on the patent from page. list
`(I) The names of up to 3 registered patent attorneys
`1
`or agents 0R. alternatively.
`(2) The name 0] a single lirm (having as a member a
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`listed no name will be printed.
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`3
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`II an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assi nee is identilied below no assignee data will appear on the patent.
`recordalion as set forth in 37 CF 3. l 1. Completion ()I this Iormis NOT a substitute Ior tiling an assignment.
`(A) NAME 01" ASSIGNLE
`(B) RESIDENLE: ILIIY and SIAIE OR COUNTRY}
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`Please check the appropriate assignee category or categories (will not be printed on the patent) :
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`5. Change in Enlily Slatus (from status indicated above]
`3 Applicant certifying micro entity status. See 37 CFR I .29
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`:l Applicant asserting small entity status. See .37" CPR |.27Ir
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`NOTE: Absent a valid certification of Micro Entity Status (see forms PTOJ'SBIISA and ISB), issue
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`NO’I'E: Ifthe application was previously under micro entity status. checking this box will be taken
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`NOTE: This form must he si ned in accordance with 37 CPR 1.31 and 1.33. See 37 CPR [.4 for si nature re uirements and certifications.
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`Registration No.
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`P'I'OL—SS Part B {10—13} Approved for use through 1013112013.
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`OMB 0651—0033
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`L'E S Patent and Trademark Office: U.S. DEPAR'I'MEN'I' OI" COMMERCE
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`

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`
`
`(cid:49)(cid:66)(cid:72)(cid:70)(cid:1)(cid:74)(cid:74)(cid:74)
`Page iii
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`UNITED STATES DEPAR'IMENT OF CONLMERCE
`United States Patent and Trademark Office
`A(|(In:55'. COMMISSIONER FOR PA'I'I‘IN'l‘S
`P.0. Box 1-1-50
`Alcxamllix, Virginia 221134450
`“'M'M'JISPHIL'JJV
`
`APPLICATION NO.
`FILING DATE
`FERST NAMED INVENTOR
`ATTORNEY DOCKET NO.
`CONFIRMATION NO.
`
`[#021860
`091162013
`Kenneth P. Weiss
`W053?—700922
`1016
`
`37462
`
`759E]
`
`[13180015
`
`LANDO & AN AS'l‘ASl, LLP
`ONF. MAIN STREET, SUITE 1 100
`CAMBRIDGE, MA 02142
`
`CIIEUNG. CALVIN K
`
`3668
`
`DATE MAILED: 03!] 83015
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`to eliminate the
`Section l(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i)
`requirement
`that
`the Office provide a patent term adjustment determination with the notice of allowance. See
`Revisions to Patent Term Adjustment, 78 Fed. Reg. I9416, 194]? (Apr. 1, 2013). Therefore, the Office is no longer
`providing an initial patent term adjustment determination with the notice of allowance. The Office will continue to
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`term adjustment determination with the Issue Notification Letter that
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`approximately three weeks prior to the issue date of the patent, and will include the patent term adjustment on the
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`PTO]..—85 (Rev. 02“ I}
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`

`

`(cid:49)(cid:66)(cid:72)(cid:70)(cid:1)(cid:74)(cid:87)
`Page iv
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`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
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`

`

`(cid:49)(cid:66)(cid:72)(cid:70)(cid:1)(cid:18)
`Page 1
`
`Application No.
`Applicantts)
`
`14f027.860
`WEISS. KENNETH P.
`-
`'
`AIA (First Inventorto
`gimmeéHEUNG
`3365""
`We, Status
`No
`
`.
`. .
`Notice of Aiiowabrirty
`
`-- The MAiUNG 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. E This communication is responsive to 26 February 2015.
`
`D A declaration(s}iaffidavit(s) under 37 CFR 1.130(b) wasfwere filed on
`
`
`
`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. E The allowed claim(s) isr‘are 27—61. 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
`
`
`ht
`:ix‘wwwus to.
`aten-isr'init eventsi' hiinciex.'s or send an inquiry to PPeredbackQusgtooov .
`
`4. El Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d} or (f).
`
`Certified copies:
`
`a) D All
`
`b} [I Some
`
`*c} I:I None of the:
`
`1. El Certified copies of the priority documents have been received.
`
`2. El Certified copies of the priority documents have been received in Application No.
`
`3. El 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}).
`
`" 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. I] CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`
`El
`
`including changes required by the attached Examiner‘s Amendment 1 Comment or in the Office action of
`
`Paper NoJMaiI 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. El DEPOSIT OF andior INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Atlachment(s)
`1. E Notice of References Cited (PTO-892)
`
`2. E Information Disclosure Statements (PTOiSBiOS).
`
`Paper NoJMaiI Date 1211612013 2i26i2015
`3. El Examiners Comment Regarding Requirement for Deposit
`of Biological Material
`4. I] Interview Summary (PT0413).
`Paper No.iMai| Date
`.
`
`iCaIvin Cheungi
`Primary Examiner, Art Unit 3668
`
`5. El Examiner's AmendmentiComment
`
`6.
`
`Examiner's Statement of Reasons for Allowance
`
`7. El Other
`
`
`
`US. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper NoJMail Date 20150311
`
`

`

`ApplicationiControl Number: 14f027,860
`
`Paper No. 2015031 1 — Page 2
`
`Art Unit: 3668
`
`DETAILED ACTION
`
`This application is being examined under pre-AIA status.
`
`This office action is given an identifier, Paper No. 2015031 1, for reference purposes
`
`1.
`
`2.
`
`only.
`
`Status of Claims
`
`3.
`
`Claims 1—26 remain cancelled by claim amendments filed 26 February 2015. Therefore,
`
`claims 27-61 are allowed in this office action.
`
`4.
`
`The filed Terminal Disclaimer was approved by The PTO on 10 March 2015.
`
`Terminal Disclaimer
`
`5.
`
`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 (Hang 283 F.3d 1335, 1340, 62 USPQ2d
`
`1 151, 1 154 (Fed. Cir. 2002). Therefore the Examiner must interpret the claimed terms as found
`
`within the Original Specification. Clearly almost all the general temis 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.
`
`

`

`ApplicationfControl Number: l4f027,860
`
`Paper No. 2015031 I — Page 3
`
`Art Unit: 3668
`
`Regarding claim 27, 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 system for authenticating identities of a plurality of users, the system comprising:
`
`a first handheld device including:
`
`a first processor, the processor programmed to authenticate a user of the first
`handheld device based on authentication information and to retrieve or
`
`receive first biometric information of the user of the first handheld device;
`
`and
`
`a first wireless transceiver coupled to the first processor, and
`
`programmed to transmit via a network a first wireless signal including first
`
`authentication information of the user of the first handheld device; and
`
`a second device including:
`
`a second processor;
`
`a second wireless transceiver coupled to the second processor, and
`
`a second memory coupled to the second processor, and
`
`wherein the second device is configured to retrieve or receive respective second
`
`authentication information for a first plurality of users, wherein the first plurality
`
`of users includes the user of the first handheld device;
`
`wherein the first processor is programmed to determine the first authentication
`information derived from the first biometric information and to transmit the first
`
`authentication information of the user of the first handheld device to the second
`
`device via the network,
`
`wherein the second processor is configured to:
`receive the first authentication information of the user of the first handheld
`
`device;
`
`retrieve or receive the second authentication information of the user of the first
`
`handheld device; and
`
`use the first authentication information and the second authentication information
`
`to authenticate an identity of the user of the first handheld device with the
`second device.
`
`Regarding claim 36, the prior art taken either individually 01' in combination with other
`
`prior art of record fails to disclose, suggest, teach, or render obvious the invention as a whole:
`
`A computer implemented method of authenticating an identity of a first entity,
`
`comprising acts of:
`
`

`

`ApplicationfControl Number: l4f027,860
`
`Paper No. 2015031 I — Page 4
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`Art Unit: 3668
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`authenticating, with a first handheld device, a user of the first handheld device as the first
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`entity based on authentication information;
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`retrieving or receiving first biometric information of the user of the first handheld device;
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`determining a first authentication information from the first biometric information;
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`receiving with a second device, the first authentication information of the first entity
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`wirelessly transmitted from the first handheld device;
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`retrieving or receiving respective second authentication information for the user of the
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`first handheld device; and
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`authenticating the identity of the first entity based upon the first authentication
`information and the second authentication information.
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`Regarding claim 47, the prior art taken either individually or in combination with other
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`prior art of record fails to disclose, suggest, teach, or render obvious the invention as a whole:
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`A system for authenticating identities of a plurality of users, the system comprising:
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`a first handheld device including:
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`a first biometric sensor configured to receive a first biometric provided by a first
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`user of the first handheld device;
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`a first processor programmed to authenticate the first user of the first handheld
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`device based on first biometric information; and
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`a first wireless transceiver coupled to the first processor and programmed to
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`transmit via a network a first wireless signal including first authentication
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`inf'omiation of the user of the first handheld device; and
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`a second device including:
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`a second processor;
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`a second wireless transceiver coupled to the second processor, and
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`a second memory coupled to the second processor and configured to store
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`respective information for a first plurality of users;
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`wherein the first handheld device is programmed to transmit the first authentication
`information of the first user of the first handheld device that is derived from the
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`first biometric information to the second device via the network,
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`wherein the second processor
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`is configured to receive the first authentication information of the user of the first
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`handheld device, and
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`is configured to retrieve second biometric information of the user of' the first
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`handheld device from stored biometric information of' the first plurality of
`users or receive the second biometric information with the second wireless
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`

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`Applications’Control Number: l4f027,860
`
`Paper No. 2015031 I — Page 5
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`Art Unit: 3668
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`transceiver so as to authenticate an identity of the first user of the first
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`handheld device with the second device using the first authentication
`information and the second biometric information.
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`Regarding claim 56, the prior art taken either individually or in combination with other
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`prior art of record fails to disclose, suggest, teach, or render obvious the invention as a whole:
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`A method of authenticating an identity of a first entity, comprising acts of:
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`authenticating, with a first handheld device, a first user of the first handheld device based
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`on first biometric information provided by the first user;
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`in response to authenticating the first user of the first handheld device, transmitting a first
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`Wireless signal including first authentication information of the first user derived
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`from the first biometric information;
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`receiving with a second device, the first wireless signal including the first authentication
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`infonnation of the first user;
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`receiving 01' retrieving from a memory second biometric data of the first user from
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`biometric information for a first plurality of users stored in the memory, and
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`receiving the second biometric data of the first user at the second device;
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`authenticating with the second device the identity of the first entity based upon the first
`authentication information and the second biometric information.
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`6.
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`Any comments considered necessary by applicant must be submitted no later than the
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`payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
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`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
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`Allowance.”
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`

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`ApplicationfControl Number: l4f027,860
`
`Paper No. 2015031 I — Page 6
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`Art Unit: 3668
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`Contact Information
`
`?.
`
`Examiner Calvin Cheung can nom‘tally be reached Monday - Friday, 8:00am. - 5:00pm.,
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`EST.
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`If attempts to reach the Examiner are unsuccessful, Supervisory Patent Examiner (SPE)
`
`Fadcy S. Jabr’s telephone number is (57]) 272—1516. The fax phone number for the organization
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`where this application 01' proceeding is assigned is 5?1-2?3—8300.
`
`Information regarding the status of an application may be obtained from the Patent
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`Application Infon‘nation Retrieval (PAIR) system. Status information for published applications
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`may be 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:s’fpair—directuspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center ('EBC) at 866-217-919? (toll-free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`infom‘tation system, call 800-786-9199 (IN USA OR CANADA) 01' 571-270-1000.
`
`{CALVIN CHEUNG!‘
`
`Primary Examiner, A11 Unit 3668
`57'l—2TO—704l (Office)
`571-270-8041 (Fax)
`
`