Prosecution Insights
Last updated: April 19, 2026
Application No. 17/582,186

PORTABLE, COMPUTER-PERIPHERAL APPARATUS INCLUDING A UNIVERSAL SERIAL BUS (USB) CONNECTOR

Final Rejection §103
Filed
Jan 24, 2022
Examiner
DANG, PHONG H
Art Unit
2184
Tech Center
2100 — Computer Architecture & Software
Assignee
Arkeytyp Ip Limited
OA Round
6 (Final)
80%
Grant Probability
Favorable
7-8
OA Rounds
2y 3m
To Grant
91%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
283 granted / 353 resolved
+25.2% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
24 currently pending
Career history
377
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
44.5%
+4.5% vs TC avg
§102
25.6%
-14.4% vs TC avg
§112
18.0%
-22.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 353 resolved cases

Office Action

§103
DETAILED ACTION Response to Amendment The Applicant’s Amendment, filed 07/21/2025 has been entered. Claims 1-22 are pending in the Application. Response to Arguments Applicant’s arguments with respect to the prior art rejection of claim(s) have been considered but are moot upon a new ground of rejection under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Shigematsu et al US 20030048173, in view of Hauck US Patent No. 8,059,835 and in view of Daniele et al US patent No. 5,576,734. Regarding claims 1, 15, 21 and 22, the Applicant argues that the cited references fail to teach the newly amended limitation “send to the computer terminal an automated series of HID keycodes, in a timed paced sequence”. However, the newly cited Daniele teaches a keyboard emulator that send the keycodes in a timed paced sequence (see col 12 ln 38-57, system 10 provides the ability to establish a predetermined sequence of simulated keyboard entries which can be transmitted to any of a plurality of control consoles at predetermined times). Therefore, it would have been obvious to modify the device of Shigematsu and incorporate sending the keycodes in a timed paced sequence. The motivation for doing so is to allow simulated key entries corresponding in time with events as taught by Daniele (see col 12 ln 38-57, These features are of particular importance, where simulated key entries must correspond in time with events, real or simulated). Further, the Applicant argues that the proposed modification of Shigematsu by Hauck renders Shigematsu unsuitable for its purpose. The Applicant submits that Shigematsu cannot initialize or present itself solely as HID keyboard because the token of Shigematsu requires further functionality in order to receive password generation information (see Remarks pages 11-14). The Examiner respectfully disagrees. Contrary to the Applicant’s submission, the initialization as a HID keyboard does NOT prevent further functionality such as exchanging other information from the user device. Neither Shigematsu nor Hauck explicitly discloses that the initialization would prevent further functionality. Further, since the two devices are still communicatively connected, they are capable of further functionality including exchanging information. Based on the reasoning above, the rejections have been modified to address the newly amended limitations. Please see below for the detailed rejections. Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-12 and 15-22 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Shigematsu et al US 20030048173, in view of Hauck US Patent No. 8,059,835 and in view of Daniele et al US patent No. 5,576,734. Regarding claim 1, Shigematsu teaches a portable computer-peripheral apparatus (see figure 7, authentication token 10) including a Universal Serial Bus (USB) connector (see para 0028, The communication circuit 33 in the use device 30 includes a general-purpose connector for connecting the keyboard and the like, such as a USB, serial, radio, or infrared connector, and a communication circuit) and a button (switch 18), the apparatus being operable to communicate with a computer terminal (use device 30, communication circuits 16, 33) such that, following connection to the computer terminal, wherein the apparatus is configured to send to the computer terminal an automated series of HID keycodes representing a password string in response to receiving a press of the button by a user (see para 0060-0061, When the user presses the switch 18, a signal is output to the password generation unit 20. The password generation unit 20 generates a new password N and transmits it to the keyboard emulator 14… The keyboard emulator 14 converts the received new password N into a touch signal J and transmits it to a use device 30 through a communication circuit 16). But, Shigematsu fails to teach the apparatus initializes or presents itself solely as a human interface device (HID) keyboard. However, Hauck teaches a portable computer-peripheral apparatus, following connection to a computer terminal, the apparatus initialized or presents itself solely as an HID keyboard (see col 5 ln 59-67, Considering now the software in the device 1 in more detail and while referencing Appendices A and B, Appendix A contains a C language listing containing enumeration data which identifies the device 1 as a USB Human Interface Device (HID). Once the host computer 8 identifies the device 1 as belonging to the HID class, the computer 8 requests a report descriptor from the device 1, which describes the device as a keyboard, and specifies the format of the data supplied by the device). Therefore, it would have been obvious to modify the peripheral device of Shigematsu and incorporate the device presenting itself solely as the HID keyboard. The motivation for doing so is to increase feasibility and/or functionality for the computer terminal communication to/from the apparatus as HID keyboard. The combination of Shigematsu and Hauck fails to teach the keycodes is sent in a timed paced sequence. However, Daniele teaches a keyboard emulator that send the keycodes in a timed paced sequence (see col 12 ln 38-57, system 10 provides the ability to establish a predetermined sequence of simulated keyboard entries which can be transmitted to any of a plurality of control consoles at predetermined times). Therefore, it would have been obvious to modify the device of Shigematsu and incorporate sending the keycodes in a timed paced sequence. The motivation for doing so is to allow simulated key entries corresponding in time with events as taught by Daniele (see col 12 ln 38-57, These features are of particular importance, where simulated key entries must correspond in time with events, real or simulated). Regarding claim 2, Shigematsu further teaches the received press of the button is a single press of the button (see para 0060, When the user presses the switch 18). Regarding claim 3, Shigematsu further teaches the HID keycodes include unique data identifying a user and/or the apparatus (see para 0031, When not only a password but also a user ID or the like is transmitted as user information, the convenience can be increased because no keyboard input is necessary in user authentication). Regarding claim 4, Shigematsu further teaches the HID keycodes include unique data authenticating a user and/or the apparatus (see para 0031, When not only a password but also a user ID or the like is transmitted as user information, the convenience can be increased because no keyboard input is necessary in user authentication). Regarding claim 5, Hauck further teaches the apparatus is a HID device (see col 5 ln 59-67, Considering now the software in the device 1 in more detail and while referencing Appendices A and B, Appendix A contains a C language listing containing enumeration data which identifies the device 1 as a USB Human Interface Device (HID). Once the host computer 8 identifies the device 1 as belonging to the HID class, the computer 8 requests a report descriptor from the device 1, which describes the device as a keyboard, and specifies the format of the data supplied by the device). Regarding claim 6, Shigematsu further teaches including in addition means of communicating with the terminal wirelessly (see para 0028, he communication circuit 33 in the use device 30 includes a general-purpose connector for connecting the keyboard and the like, such as a USB, serial, radio, or infrared connector, and a communication circuit). Regarding claim 7, Hauck further teaches including a USB microcontroller (see col 2 ln 56-60, The device includes a microprocessor 15 (FIG. 3), USB interface hardware such as a USB controller 16 (FIG. 3)). Regarding claim 8, Hauck further teaches the portable computer-peripheral apparatus is a USB key (see col 3 lines 23-28, The USB connector 18 plugs into an input port such as USB input ports 5 and 6 of a conventional personal computer to allow the device 1 to draw power from the personal computer and also to communicate with the personal computer over USB hardware as is well known in the art of computer communications). Regarding claim 9, Shigematsu further teaches an additional driver is not required for the computer terminal (see para 0026, On the other hand, the use device 30 is a device such as a PC or cell phone and comprises a communication circuit 33 for receiving the communication data H representing an authentication result from the authentication token 10, a processing unit 31 for providing a service to the user on the basis of the authentication result received by the communication circuit 33, and a storage circuit 32 for storing service software). Regarding claim 10, Shigematsu further teaches the automated series of HID keycodes do not include a full command for automated login but instead only a part of a login (see para 0031, when not only a password but also a user ID or the like is transmitted as user information, the convenience can be increased because no keyboard input is necessary in user authentication. In addition, since the authentication token 10 automatically transmits the user ID or password, the user need not memorize these pieces of information, so the convenience can further be increased). Regarding claim 11, Shigematsu further teaches the automated series of HID keycodes automates direct access to content, and/or initiation of a task or other process (see para 0026, On the other hand, the use device 30 is a device such as a PC or cell phone and comprises a communication circuit 33 for receiving the communication data H representing an authentication result from the authentication token 10, a processing unit 31 for providing a service to the user on the basis of the authentication result received by the communication circuit 33, and a storage circuit 32 for storing service software). Regarding claim 12, Hauck further teaches the apparatus is configured to use inbuilt components of commonly used operating systems, such as such as MacOS or Windows (see col 3 lines 36-39, The personal computer 2 runs a standard operating system such as Microsoft Windows, available from Microsoft Corp., Redmond, Wash, also see col 5 lines 51-55, In operation, in the present example, the Windows & “d” key activation sequence may have a toggling effect in the Windows operating system. The first occurrence may remove the active windows, the second occurrence may restore them, the third occurrence may remove them again, and so forth). Regarding claims 15-22, please refer to the rejection of claims 1, 2-4 and 14-15 since the claimed subject matter is substantially similar. Claims 13-14 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over the combination of Shigematsu, Hauck and Daniele as applied to claims above, and further in view of Yeap et al US 20060123463. Regarding claim 13, the combination of Shigematsu, Hauck and Daniele teaches all the features with respect to claim 1 as outlined above. The combination of Shigematsu, Hauck and Daniele further teaches the apparatus includes both the USB connector and a wireless connection (see para 0028 of Shigematsu, the communication circuit 33 in the use device 30 includes a general-purpose connector for connecting the keyboard and the like, such as a USB, serial, radio, or infrared connector, and a communication circuit); wherein in use the apparatus is first connected physically to the computer terminal by the USB connector, initiating transmission of a sequence of HID keycodes that performs a 'pairing' operation between the apparatus and the computer terminal thus providing clearance for subsequent operation (see para 0067, of Shigematsu, on the other hand, the use device 30 is a device such as a PC or cell phone and comprises a communication circuit 33 for receiving the communication data H representing user information from the authentication token 10, a processing unit 31 for providing a service to the user on the basis of the user information received by the communication circuit 33, and a storage circuit 32 for storing service software). But, the combination of Shigematsu, Hauck and Daniele fails to teach the subsequent operation including automatic wireless communication between the apparatus and the computer terminal. However, Yeap teaches the subsequent operation including automatic wireless communication between the apparatus and the computer terminal (see para 0061, In a present embodiment, transmitter 54 is based on infrared technology, but in other embodiments other types of technologies can be used to implement transmitter 54. Other exemplary technologies include wireless technologies such as Blue tooth, 802.11, Code Division Multiple Access (“CDMA”) or wired technologies such as Universal Serial Bus (“USB”). Thus, upon receipt of an activation signal from switch 50, microprocessor 42 is operable to instruct transmitter 54 to transmit authentication information 48, also see para 0065, Laptop 38 also includes a second transceiver 86 that is complementary to transmitter 66, and thus operable when laptop 38 is ‘on’ to periodically query transmitter 66 and receive and decipher transmissions from transmitter 66 in accordance with techniques known in RFID technology). Therefore, it would have been obvious to modify the apparatus of Shigematsu and further incorporate automatic wireless communication after the transmission of a sequence of HID keycodes for the pairing operation. The motivation for doing so is to increase the feasibility of the system. Regarding claim 14, Shigematsu further teaches the automated series of HID keycodes are transmitted wirelessly (see para 0070, The communication circuit 33 in the use device 30 includes a general-purpose connector for connecting the keyboard and the like, such as a USB, serial, radio, or infrared connector, and a communication circuit. The touch signal J from the authentication token 10 connected to the communication circuit 33 is interpreted as if the signal were a touch signal transmitted from a keyboard that should originally be connected, and transmitted to the processing unit 31). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG H DANG whose telephone number is (571)272-0470. The examiner can normally be reached Monday-Friday 9:30AM - 6:00PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Henry Tsai can be reached at (571)272-4176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PHONG H DANG/Primary Examiner, Art Unit 2184
Read full office action

Prosecution Timeline

Jan 24, 2022
Application Filed
Sep 29, 2022
Non-Final Rejection — §103
Apr 05, 2023
Response Filed
May 09, 2023
Final Rejection — §103
Nov 13, 2023
Request for Continued Examination
Nov 16, 2023
Response after Non-Final Action
Nov 28, 2023
Non-Final Rejection — §103
Jun 03, 2024
Response Filed
Jun 14, 2024
Final Rejection — §103
Dec 20, 2024
Request for Continued Examination
Jan 02, 2025
Response after Non-Final Action
Jan 14, 2025
Non-Final Rejection — §103
Jul 21, 2025
Response Filed
Oct 22, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
80%
Grant Probability
91%
With Interview (+10.4%)
2y 3m
Median Time to Grant
High
PTA Risk
Based on 353 resolved cases by this examiner. Grant probability derived from career allow rate.

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