`

`PA TENT COOPERATION TREATY
`PCT
`
`INTERNATIONAL SEARCH REPORT
`
`(PCT Article 18 and Rules 43 and 44)
`
`Applicant's or agent's file reference
`PROXE-72586
`
`International application No.
`PCT/US0S/43447
`
`Applicant
`PROXENSE, LLC
`
`FOR FURTHER
`see Form PCT/ISA/220
`as well as, where applicable, item 5 below
`ACTION
`International filing date (day/month/year)
`30 November 2005 (30.11.2005)
`
`I (Earliest) Priority Date (day/month/year)
`
`01 December 2004 (01.12.2004)
`
`This international search report has been prepared by this International Searching Authority and is transmitted to the applicant
`according to Article 18. A copy is being transmitted to the International Bureau.
`
`I.
`
`This international search report consists of a total of Uheets.
`~ It is also accompanied by a copy of each prior art document cited in this report.
`Basis of the Report
`a. With regard to the language, the international search was carried out on the basis of:
`~ the international application in the language in which it was filed.
`D
`a translation of the international application into _ _ _ _ _ _ _ _ _ _ _ _ , which is the language
`of a translation furnished for the purposes of international search (Rules 12.3(a) and 23.l(b)}
`b. D With regard to any nucleotide and/or amino acid sequence disclosed in the international application, see Box No. I.
`D Certain claims were found unsearchable (See Box No. II)
`D Unity of invention is lacking (See Box No. III)
`With regard to the title,
`~ the text is approved as submitted by the applicant.
`D the text has been established by this Authority to read as follows:
`
`2.
`
`3.
`4.
`
`5.
`
`6.
`
`With regard to the abstract,
`[8J
`the text is approved as submitted by the applicant.
`□
`
`the text has been established, according to Rule 38.2(b), by this Authority as it appears in Box No. IV. The applicant
`may, within one month from the date of mailing of this international search report, submit comments to this Authority.
`
`With regard to the drawings,
`the figure of the drawings to be published with the abstract is Figure No. l
`a.
`~ as suggested by the applicant.
`D
`as selected by this Authority, because the applicant failed to suggest a figure.
`D
`b. D none of the figures is to be published with the abstract.
`
`as selected by this Authority, because this figure better characterizes the invention.
`
`Form PCT/ISA/210 (first sheet) (April 2005)
`
`Petitioner's Exhibit 1002, Page 1539
`
`

`

`INTERNATIONAL SEARCH REPORT
`
`International application No.
`
`PCT/US0S/4344 7
`
`A.
`IPC:
`
`CLASSIFICATION OF SUBJECT MATIER
`G06Q 99/00( 2006.0l);H04K 1/00( 2006.0l);H04L 9/00( 2006.01)
`
`705/59
`USPC:
`According to International Patent Classification (IPC) or to both national classification and IPC
`
`B.
`
`FIELDS SEARCHED
`
`Minimum documentation searched (classification system followed by classification symbols)
`U.S. : 705/59
`
`Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched
`
`Electronic data base consulted during the international search (name of data base and, where practicable, search terms used)
`
`DOCUMENTS CONSIDERED TO BE RELEVANT
`C.
`Citation of document., with indication, where appropriate, of the relevant passages
`Category*
`X
`US 2002/0109580 Al (SHREVE ET AL.) 15 AUGUST 2002 (15.08.2002) PARAGRAPKS
`0001 TO 0007.
`US 2002/0073042 Al (MAR1ITZEN ET AL) 13 JUNE 2002 (13.06.2002) PARAGRAPHS
`0001-0005.
`US 5,991,749 A (MORRILL, JR) 23 NOVEMBER 1999 (23.11.1999), COLUMN l LINE 5-
`58.
`
`X
`
`X
`
`Relevant to claim No.
`1-55
`
`l-55
`
`l-55
`
`.
`□ Further documents are listed in the continuation of Box C. □ See patent family annex.
`
`Special categories of cited documents:
`
`'"A"
`
`"E"
`
`"'L ..
`
`document defining the general state of the an which is not considered to be of
`particular relevance
`
`earlier application or paten! published on or ofter the international filing date
`
`document which may throw doubts on priority claim(s) or which is cited to
`establish the publication date of another citation or other special reason (as
`specified)
`
`·'T"
`
`later document published after the international filing date or priority
`date and not in conflict with the application but cited to understand the
`principle or theory underlying the invention
`
`·'X"
`
`'"Y"'
`
`document of particular relevance; the claimed invention cannot be
`considered novel or cannot be considered to involve an inventive step
`when the document is taken alone
`
`document of particular relevance; the claimed invention cannot be
`considered to involve an inventive step when the document is
`combined with one or more other such documents. such combination
`being obvious to a person skilled in the art
`
`"&"
`
`document member of the same patent family
`
`'"O"
`
`document referring to an oral disclosure, use. exhibition oroth.er means
`
`"P"
`
`document published prior to the international filing date but later than the
`priority date claimed
`Date of the actual completion of the international search
`14 November2006 (14.11.2006)
`Name and mailing address of the ISA/US
`Mail Stop PCT, Attn: ISNUS
`Commissioner for Patents
`P.O. Box 1450
`Arexandria, Virginia 223 I 3-1450
`Facsimile No. (571) 273-3201
`Form PCT/lSA/210 (second sheet}(Apnl 2005)
`
`Date of mailing of the international search report
`
`// 22 F£R-2nn1~
`;;;.ori~d offi= &ff A _
`6
`
`es Trammel
`
`-
`
`--
`
`Telephone No. (571) 272-3600
`
`Petitioner's Exhibit 1002, Page 1540
`
`

`

`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT/US0S/43447
`
`Box No. I Basis of this opinion
`
`1. With regard to the language, this opinion has been established on the basis of:
`r8J
`the international application in the language in which it was filed
`□ a translation of the international application into _ _ , which is the language of a translation furnished for the purposes of
`
`international search (Rules 12.3(a) and 23.l(b)).
`
`2. With regard to any nucleotide and/or amino acid sequence disclosed in the international application and necessary to the claimed
`invention, this opinion has been established on the basis of:
`
`a.
`
`b.
`
`c.
`
`type of material
`
`D a sequence listing
`D table(sJ related to the sequence lisung
`
`format of material
`
`D onpaper
`D in electronic form
`
`time of filing/furnishing
`D contained in the international application as filed.
`0
`filed together with the international application in electronic form.
`0
`
`furnished subsequently to this Authority for the purposes of search.
`
`3. D
`
`In addition, in the case that more than one version or copy of a sequence listing and/or table(s) relating thereto has been filed
`or furnished, the required statements that the information in the subsequent or additional copies is identical to that in the
`application as filed or does not go beyond the application as filed, as appropriate, were furnished.
`
`4. Additional comments:
`
`Form PCT/ISA/237(Box No. I) (April 2005)
`
`Petitioner's Exhibit 1002, Page 1542
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT/US05/43447
`
`Box No. V Reasoned statement under Rule 43 bis.l(a)(i) with regard to novelty, inventive step or industrial
`applicability; citations and explanations supporting such statement
`
`1. Statement
`
`Novelty (N)
`
`Inventive step (IS)
`
`Industrial applicability (IA)
`
`2. Citations and explanations:
`
`Claims NONE
`Claims 1-55
`
`Claims NONE
`Claims 1-55
`
`Claims 1-55
`Claims NONE
`
`YES
`NO
`
`YES
`NO
`
`YES
`NO
`
`Claims 1-55 lack novelty under PCT Article 33(2) as being anticipated by Morrill, Jr (US 5,991,749 A). Morrill, in at least column I,
`lines 25-58 discloses a system for collecting funds by passing within a proximity of a wireless computing and transactional device.
`
`Claims 1-55 lack novelty under PCT Article 33(2) as being anticipated by Maritzen et al. (US 2002/0073042 Al). Maritzen, in at least
`paragraphs 0001-0006, discloses conducting e-commerce transactions across wireless devices.
`
`Claims 1-55 lack novelty under PCT Article 33(2} as being anticipated by Shreve et al. (US 2002/0109580 Al). Shreve, in at least
`paragraphs 0001-0007 discloses remote keyless entry devices for granting access to secure domains.
`
`Form PCT/ISA/237 (Box No. V) (Apn1 2005)
`
`Petitioner's Exhibit 1002, Page 1543
`
`

`

`

`

`From the INTERNATIONAL SEARCHING AUTHORITY
`
`PATENT COOPERATION TREATY
`
`To:
`JOHN T. MCNELIS
`FENWICK & WEST LLP
`SILICON VALLEY CENTER
`801 CALIFORNIA STREET
`MOUNTAIN VIEW, CA 94041
`
`Applicant's or agent's file reference
`11062PCT
`International application No.
`PCT/US0S/46843
`Applicant
`PROXENSE, LLC
`
`PCT
`
`NOTIFICATION OF TRANSMITTAL OF
`THE INTERNATIONAL SEARCH REPORT AND
`THE WRITTEN OPINION OF THE INTERNATIONAL
`SEARCHING AUTHORITY, OR THE DECLARATION
`
`{PCT Rule 44.1)
`
`Date of mailing
`
`(day/month/year) O 1 MAR 2007
`
`FOR FURTHER ACTION See paragraphs 1 and 4 below
`International filing date
`(day/month/year) 20 December 2005 (20.12.2005)
`
`1. ~ The applicant is hereby notified that the international search report and the written opinion of the International Searching Authority
`have been established and are transmitted herewith.
`
`Filing of amendments and statement under Article 19:
`The applicant is entitled, ifhe so wishes, to amend the claims of the international application (see Rule 46):
`
`When? The time limit for filing such amendments is nonnallytwo months from the date of transmittal of the international
`search report.
`
`Where? Directly to the International Bureau ofWIPO, 34 chemin des Colombettes
`1211 Geneva 20, Switzerland, Facsimile No.: (41-22) 338.82.70.
`
`For more detailed instructions, see the notes on the accompanying sheet.
`
`Article 17(2)(a) to that effect and the written opinion of the International Searching Authority are transmitted herewith.
`
`2. D The applicant is hereby notified that no international search report will be established and that the declaration under
`3. D With regard to the protest against payment of ( an) additional fee(s) under Rule 40.2, the applicant is notified that:
`D
`D
`
`the protest together with the decision thereon has been transmitted to the International Bureau together with the applicant's
`request to forward the texts of both the protest and the decision thereon to the designated Offices.
`no decision has been made yet on the protest; the applicant will be notified as soon as a decision is made.
`
`4. Reminders
`Shortly after the expiration of 18 months from the priority date, the international application will be published by the International
`Bureau. If the applicant wishes to avoid or postpone publication, a notice of withdrawal of the international application, or of the priority
`claim, must reach the International Bureau as provided in Rules 90bis.1 and 90bis.3, respectively, before the completion of the technical
`preparations for international publication.
`The applicant may submit comments on an informal basis on the written opinion of the International Searching Authority to the
`International Bureau. The International Bureau will send a copy of such comments to all designated Offices unless an international
`preliminary examination report has been or is to be established. These comments would also be made available to the public but not
`before the expiration of30 months from the priority date.
`Within 19 months from the priority date, but only in respect of some designated Offices, a demand for international preliminary
`examination must be filed if the applicant wishes to postpone the entry into the national phase until 30 months from the priority date ( in
`some Offices even later); otherwise, the applicant must, within 20 months from the priority date, perform the prescribed acts for entry
`into the national phase before those designated Offices.
`In respect of other designated Offices, the time limit of 30 months ( or later) will apply even if no demand is filed within 19 months.
`See the Annex to Form PCT/IB/301 and, for detaJ.ls about the applicable time limits, Office by Office, see the PCT Applicant's Guide,
`Volume II, National Chapters and the WIPO Internet site.
`
`Name and mailing address of the ISN US
`Mail Stop PCT, Attn: ISA/US
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`Facsimile No. (571) 273-3201
`FormPCT/ISA/220 (January2004)
`
`Authorized officer
`
`Emmanuel Moise
`Telephone No. (571)-305-3900 ~j/ / VV
`
`.j
`
`~A l ( / i
`
`(See notes on accompanying sheet)
`
`Petitioner's Exhibit 1002, Page 1545
`
`

`

`PATENT COOPERATION TREATY
`
`PCT
`
`INTERNATIONAL SEARCH REPORT
`
`(PCT Article 18 and Rules 43 and 44)
`
`Applicant's or agent's file reference
`11062PCT
`
`International application No.
`PCTAJS05/46843
`
`Applicant
`PROXENSE, lLC
`
`FORFURTHER
`ACTION
`
`see FormPCT/ISA/220
`as well as, where applicable, item 5 below.
`
`International filing date (day/month/year) I {Earliest) Priority Date (day/month/year)
`
`20 December 2005 (20.12.2005)
`
`20 December 2004 (20.12.2004)
`
`This international search report has been prepared by this International Searching Authority and is transmitted to the applicant
`according to Article 18. A copy is being transmitted to the International Bureau.
`This international search report consists of a total of 11../" sheets.
`~ It is also accompanied by a copy of each prior art document cited in this report.
`Basis of the Report
`a. With regard to the language, the international search was carried out on the basis of
`~ the international application in the language in which it was filed.
`□ a translation of the international application into _ _ _ _ _ _ _ _ _ _ _ _ , which is the language
`b. □
`With regard to any nucleotide and/or amino acid sequence disclosed in the international application, see Box No. 1
`□
`Certain claims were found unsearchable (See Box No. II)
`□ Unity of invention is lacking (See Box No. III)
`With regard to the title,
`~ the text is approved as submitted by the applicant.
`□ the text has been established by this Authority to read as follows:
`
`1.
`
`2.
`
`3.
`4.
`
`ofa translation furnished for the purposes of international search (Rules 12.3(a) and 23.l(b))
`
`5.
`
`6.
`
`With regard to the abstract,
`~
`the text is approved as submitted by the applicant
`□
`the text has been established, according to Rule 38.2(b), by this Authority as it appears in Box No. IV. The applicant
`may, within one month from the date of mailing of this international search report, submit connnents to this Authority.
`
`With regard to the drawings,
`the figure of the drawings to be published with the abstract is Figure No. J
`a.
`D
`as suggested by the applicant.
`~ as selected by this Authority, because the applicant failed to suggest a figure.
`D
`as selected by this Authority, because this figure better characterizes the invention.
`b. D none of the figures is to be published with the abstract.
`
`FormPCT/ISA/210 (first sheet) (April 2005)
`
`Petitioner's Exhibit 1002, Page 1546
`
`

`

`INTERNATIONAL SEARCH REPORT
`
`International application No.
`
`PCT/US0S/46843
`
`A.
`IPC:
`
`CLASSIFICATION OF SUBJECT MATTER
`H04L 9/32( 2006.01)
`
`USPC:
`713/186
`According to International Patent Classification (IPC) or to both national classification and IPC
`
`B.
`
`FIELDS SEARCHED
`
`Minirrrum documentation searched ( classification system followed by classification symbols)
`U.S. : 713/186
`
`Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched
`
`Electronic data base consulted during the international search (name of data base and, where practicable, search terms used)
`
`DOCUMENTS CONSIDERED TO BE RELEVANT
`C.
`Category*
`Citation of document, with indication, where appropriate, of the relevant passages
`X
`US 6,041,410 (HSU et al), 21 March 2000, Column 4, lines 15-56, Column 5, line 1 to
`--
`Column 6, line 24, and Column 6, line 42 to Column 7, line 34
`y
`
`y
`
`US 2004/0129787 (SAITO et al) 8 July 2004, Paragraphs 40-56, 81-91, 91-101, and 164
`
`Relevant to claim No.
`1, 4-11, 15, 18
`
`2, 3, 12-14, 16, 17, 19-
`21
`2, 3, 12-14, 16, 17, 19-
`21
`
`□ Further documents are listed in the continuation ofBox C. □ See patent family annex.
`•
`"A"
`
`"T'
`
`"X''
`
`"Y"
`
`"&"
`
`Special categories of cited documents:
`
`document defining tire general state of the art which is not considered to be of
`particular relevance
`
`"E"
`
`"L"
`
`"O"
`
`"P"
`
`earlier application or patent published on or after the international filing date
`
`docwnent which may throw doubts on priority claim( s) or which is cited to
`establish the publication dste of another citation or other special reason ( as
`specified)
`
`document referring to an oral disclosure, use, exhibition or other means
`
`document published prior to the international filing dste but later than tire
`priority date claimed
`
`Date of the actual completion ofthe international search
`
`18 January 2007 (18.01.2007)
`Name and mailing address of the ISA/US
`Mail Stop PCT, Attn: ISA/US
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Vizginia 22313-1450
`Facsimile No. (571) 273-3201
`Form PCT/lSA/210 (second sheet) (April 2005)
`
`later document published after the international filing date or priority date
`and not in conflict with the application but cited to understand the
`principle or theo,yunderlying the invention
`
`document of particular relevance; the claimed invention cannot be
`considered novel or C81lll.OI be considered to involve an inventive step
`when the document is taken alone
`
`docwnent of particular relevance; the claimed invention cannot be
`considered to involve an inventive step when the document is combined
`with one or more other such documents, such combination being obvious
`to a person skilled in the art
`
`document member oftlre same patent family
`
`Date of n1gMAR initrorl search report
`~-
`
`Authorized officer
`
`Emmanuel Moise
`
`Telephone No. (571)-305-3900
`
`j
`
`V
`
`/
`
`Petitioner's Exhibit 1002, Page 1547
`
`

`

`From the
`INTERNATIONAL SEARCHING AUIHORITY
`To:
`JOHN T. MCNELIS
`FENWICK & WEST Ll.P
`SILICON VALLEY CENTER
`801 CALIFORNIA S1REET
`MOUNTAIN VIEW, CA 94041
`
`Applicant's or agent's file reference
`
`11062PCT
`International application No.
`
`PATENT COOPERATION TREATY
`
`PCT
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`(PCT Rule 43bis. I)
`
`Dateofmailing
`(day/month/year)
`FOR FURTHER ACTION
`See paragraph 2 below
`
`O 1 UAR 2007
`i
`h'!
`
`20 December 2005 (20.12.2005)
`PCT/US05/46843
`International Patent Classification (IPC) or both national classification and IPC
`
`I International filing date (day/month/year)
`
`I Priority date (day/month/year)
`
`20 December 2004 (20.12.2004)
`
`H04L 9/32( 2006.01)
`IPC:
`713/186
`USPC:
`Applicant
`
`PROXENSE, 1LC
`
`1. This opinion contains indications relating to the following items:
`
`~
`Box No. I
`□
`Box No. II
`□ Box No. III
`□ Box No. N
`~ Box No. V
`□ Box No. VI
`□ Box No. VII
`□ BoxNo. VIII
`
`Basis of the opinion
`
`Priority
`
`Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
`
`Lack of unity of invention
`
`Reasoned statement under Rule 43bis. l (a)(i) with regard to novelty, inventive step or industrial
`applicability; citations and explanations supporting such statement
`
`Certain documents cited
`
`Certain defects in the international application
`
`Certain observations on the international application
`
`2. FURTHER ACTION
`If a demand for international preliminary examination is made, this opinion will be considered to be a written opinion of the
`International Preliminary Examining Authority ("IPEA") except that this does not apply where the applicant chooses an
`Authority other than this one to be the IPEA and the chosen IPEA has notified the International Bureau under Rule 66.lbis(b)
`that written opinions of this International Searching Authority will not be so considered.
`
`If this opinion is, as provided above, considered to be a written opinion of the IPEA, the applicant is invited to submit to the
`IPEA a written reply together, where appropriate, with amendm.mts, before the expiration of 3 months from the date of mailing
`ofForm PCT/ISN220 or before the expiration of22 months from the priority date, whichever expires later.
`For further options, see Form PCT/ISN220.
`
`3. For further details, see notes to FormPCT/ISN220.
`
`Name and mailing address of the ISN US
`Mail Stop PCT, Attn: ISA/US
`Commissioner for Patents
`P.O. Box 1450
`.Alexandria, Virginia 22313-1450
`Facsimile No. (571) 273-3201
`FormPCT/ISN237 (cover sheet) (April 2005)
`
`Date of completion of this opinion
`
`18 January 2007 (18.01.2007)
`
`,-:J.
`Authoriz.ed offi~r
`.· /_,.,..
`Emmanuel M01se ( "~ / / I/
`
`Telephone No. (571--;;;Jl/2~0
`
`Petitioner's Exhibit 1002, Page 1548
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUfflORITY
`
`International application No.
`
`PCTnJS0S/46843
`
`Box No. I Basis of this opinion
`
`1. With regard to the language, this opinion has been established on the basis of:
`~ 1he international application in 1he language in which it was filed
`D a translation of the international applicafr .. ~to _ . which is the language of a translation furnished for the purposes of
`
`international search (Rules 12.3(a) and 23.l(b)).
`
`2. With regard to any nucleotide and/or amino acid sequence disclosed in the international application and necessary to the claimed
`invention, this opinion has been established on the basis of:
`
`a.
`
`type of material
`
`D a sequence listing
`D table(s) related to the sequence listing
`
`b.
`
`format of material
`
`D onpaper
`D in electronic form
`
`c.
`
`time of filing/furnishing
`
`D contained in the international application as filed.
`D filed together with the international application in electronic form.
`D furnished subsequently to this Authority for the purposes of search.
`
`3. D
`
`In addition, in the case that more than one version or copy of a sequence listing and/or table(s) relating thereto has been filed
`or furnished, the required statements that the information in the subsequent or additional copies is identical to that in the
`application as filed or does not go beyond the application as filed, as appropriate, were furnished.
`
`4. Additional comments:
`
`FormPCT/ISA/237(Box No. I) (April 2005)
`
`Petitioner's Exhibit 1002, Page 1549
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT/US05/46843
`
`Box No. V Reasoned statement under Rule 43 bis'.l(a)(i} with regard to novelty, inventive step or industrial
`applicability; citations and explanations supporting such statement
`
`I. Statement
`
`Novelty(N)
`
`Claims 2, 3, 12-14, 16, 17, and 19-21
`Claims 1 4-11. 15. and 18
`
`YES
`NO
`
`Inventive step (IS)
`
`Claims N~O=NE~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ YES
`Claims 1-21
`NO
`
`Industrial applicability (IA)
`
`Claims ~1-~2=l _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ YES
`Claims NONE
`NO
`
`2. Citations and explanations:
`
`Please See Continuation Sheet
`
`Form PCT/ISA/237 (Box No. V) (April 2005)
`
`Petitioner's Exhibit 1002, Page 1550
`
`

`

`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`Supplemental Box
`In case the space in any of the preceding boxes is not sufficient.
`
`International application No.
`PCT/US05/46843
`
`Regarding Claim 8,
`Hsu discloses establishing a secure connnunication channel prior to sending the code for authentication (Column 6, line 42 to Column 7,
`line 34).
`
`Regarding Claim 9,
`Hsu discloses receiving a request for the code without a request for biometric verification (Column 5, line 57 to Column 6, line 24); and
`responsive to receiving the request for the code without a request for biometric verification, sending the code without requesting the scan
`data (Column 5, line 57 to Column 6, line 24).
`
`Regarding Claim 15,
`Hsu discloses a method for authenticating a verified user, comprising:
`Receiving a code associated with a biometrically verified user (Colwnn 5, line 1 to Column 6, line 9; and Column 7, lines 17-34);
`Requesting authentication of the code (Column 5, line 1 to Column 6, line 9; and Column 7, lines 17-34);
`Receiving an authentication result (Colurrm 5, line l to Colunm 6, line 9; and Column 7, lines 17-34); and
`In response to the authentication result being positive, providing access to an application (Column 5, line 1 to Column 6, line 9; and
`Column 7, lines 17-34).
`
`Regarding Claim 18,
`Hsu discloses establishing a secure connnunications channel with a biometric key, wherein the code associated with the biometrically
`verified user is received from the biometric key (Colurrm 6, line 42 to Colurrm 7, line 34).
`
`Claims 2, 3, 12-14, 16, 17, and 19-21 lackan inventive step nnder PCT Article 33(3) as being obvious over Hsu in view of Saito (US
`20040129787 Al) 8 July 2004.
`
`Regarding Claim 2,
`Hsu does not disclose that the code is registered with a trusted authority, and the code can be authenticated to a third party by the trusted
`authority.
`Saito, however, discloses that the code is registered with a trusted authority, and the code can be authenticated to a third party by the
`trusted authority (Paragraphs 95-101). It would have been obvious to one of ordinary skill in the art at the time of applicant's invention
`to incorporate the authentication procedures of Saito into the personal identification fob authentication system of Hsu in order to increase
`reliability and security of authentication and authorization by providing a trusted entity that can confirm that the user and device are
`authentic.
`
`Regarding Claim 12,
`Claim 12 is a device claim that corresponds to method claim 2 and is rejected for the same reasons.
`
`Regarding Claim 3,
`Hsu does not disclose registering an age verification for the user in association with the code.
`Saito, however, discloses registering an age verification for the user in association with the code (Paragraphs 82, 83, and 164). It would
`have been obvious to one of ordinary skill in the art at the time of applicant's invention to incorporate the authentication procedures of
`Saito into the personal identification fob authentication system of Hsu in order to increase reliability and security of authentication and
`authorization by providing a trusted entity that can confirm that the user and device are authentic.
`
`Regarding Claim 13,
`Claim 13 is a device claim that corresponds to method claim 3 and is rejected for the same reasons.
`
`Regarding Claim 14,
`Hsu does not disclose that the verification module comprises an I.ED to be activated for requesting the biometric scan.
`Saito, however, discloses that the verification module comprises an I.ED to be activated for requesting the biometric scan (Paragraphs
`40-56). It would have been obvious to one of ordinary skill in the art at the time of applicant's invention to incorporate the
`authentication procedures of Saito into the personal identification fob authentication system of Hsu in order to increase reliability and
`security of authentication and authorization by providing a trusted entity that can confirm that the user and device are authentic.
`
`Regarding Claim 16,
`Hsu does not disclose registering the code with a trusted authority, wherein requesting authentication of the code comprises providing the
`code to the trusted authority and wherein receiving an authentication result comprises receiving the authentication result from the trusted
`
`Form PCT/ISA/237 (Supplemental Box) {April 2005)
`
`Petitioner's Exhibit 1002, Page 1552
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`Supplemental Box
`In case the space in any of the preceding boxes is not sufficient.
`
`International application No.
`PCT/US05/46843
`
`Saito, however, discloses registering the code with a trusted authority, wherein requesting authentication of the code comprises providing
`the code to the trusted authority and wherein receiving an authentication result comprises receiving the authentication result from the
`trusted authority (Paragraphs 95-101 ). It would have been obvious to one of ordinary skill in the art at the time of applicant's invention
`to incorporate the authentication procedures of Saito into the personal identification fob authentication system of Hsu in order to increase
`reliability and security of authentication and authorization by providing a trusted entity that can confirm that the user and device are
`authentic.
`
`Regarding Claim 17,
`Hsu as modified by Saito does discloses the method of claim 16, in addition, Saito discloses registering a date of birth or age with the
`trusted authority (Paragraphs 82, 83, and 164).
`
`Regarding Claim 19,
`Hsu discloses a system comprising:
`A biometric key to store biometric data for a user in a tamper resistant format, and if scan data can be verified as being from the user by
`comparing the scan data to the biometric data, wirelessly sending a code (Colunm 4, lines 15-56; and Column 5, line 1 to Colunm 6, line
`9);
`An authentication module to authenticate the user for access to an application (Column 7, lines 17-34);
`But does not disclose sending the code to a trusted authority for authentication.
`Saito, however, discloses an authentication module to receive the code and send the code to a trusted authority for authentication, and
`responsive to the code being authenticated, allowing the user to access an application (Paragraphs 95-101). It would have been obvious
`to one of ordinary skill in the art at the time of applicant's invention to incorporate the authentication procedures of Saito into the
`personal identification fob authentication system of Hsu in order to increase reliability and security of authentication and authorization
`by providing a trusted entity that can confirm that the user and device are authentic.
`
`Regarding Claim 20,
`Hsu as modified by Saito discloses the system of claim 19, in addition, Hsu discloses that the biometric key receives an authentication
`request from the authentication module, and in response, requests a biometric scan from the user to generate the scan data (Column 4,
`lines 26-56; and Column 5, line 1 to Column 6, line 9); and Saito discloses that the biometric key receives an authentication request from
`the authentication module, and in response, requests a biometric scan from the user to generate the scan data (Paragraphs 40-56; and 81-
`91
`
`Regarding Claim 21,
`Hsu as modified by Saito discloses the system of claim 19, in addition, Hsu discloses that if the biometric key cannot verify the scan data
`as being from the user, it does not send the code (Column 5, lines 1-47).
`
`Form PCT/ISN237 (Supplemental Box) (April 2005)
`
`Petitioner's Exhibit 1002, Page 1553
`
`

`

`

`

`From the INTERNATIONAL SEARCHING AUTHORITY
`
`J>ATENT COOPERATION TREATY
`
`To:
`GREGT. SUEOKA
`FENWICK & WEST LLP
`SILICON VALLEY CENTER
`80 I CALIFORNIA STREET
`MOUNTAIN VIEW, CA 94041
`
`Applicant's or agent's file reference
`12786 PCT
`International application No.
`PCT/US07/l l l03
`Applicant
`PROXENSE, LLC
`
`PCT
`
`NOTIFICATION OF TRANSMITTAL OF
`THE INTERNATIONAL SEARCH REPORT AND
`THE WRITTEN OPINION OF THE INTERNATIONAL
`SEARCHING AUTHORITY, OR THE DECLARATION
`
`Date of mailing
`(day/month/year)
`
`(PCT Rule 44.1)
`
`23 APR2008
`
`FOR FURTHER ACTION See paragraphs I and 4 below
`
`International filing date
`(day/month/year) 07 May 2007 (07.05.2007)
`
`1.
`
`[8J
`
`The applicant is hereby notified that the international search report and the written opinion of the International Searching Authority
`have been established and are transmitted herewith.
`
`Filing of amendments and statement under Article 19:
`The applicant is entitled, ifhe so wishes, to amend the claims of the international application (see Rule 46):
`
`When? The time limit for filing such amendments is normally two months from the date of transmittal of the international
`search report.
`
`Where? Directly to the International Bureau of WIPO, 34 chemin des Colombettes
`1211 Geneva 20, Switzerland, Facsimile No.: (41-22) 338.82.70.
`
`For more detailed instructions, see the notes on the accompanying sheet.
`
`Article 17(2)(a) to that effect and the written opinion of the International Searching Authority are transmitted herewith.
`
`the protest together with the decision thereon has been transmitted to the International Bureau together with the applicant's
`request to forward the texts of both the protest and the decision thereon to the designated Offices.
`
`2. D The applicant is hereby notified that no international search report will be established and that the declaration under
`3. D With regard to the protest against payment of(an) additional fee(s) under Rule 40.2, the applicant is notified that:
`D
`□ no decision has been made yet on the protest; the applican