Art Rejection
1. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
2. Claims 1-7, 9-12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Humborstad, U.S. pat. Appl. Pub. No. 2019/0220582, in view of Lee, U.S. pat. Appl. Pub. No. 2021/0112056.
Per claim 1, Humborstad discloses a biometrically-authenticated identification device, comprising:
a) a processor and an associated persistent memory, i.e., saving data on smartcard (see par 0032);
b) a persona data store comprising configuration or operational settings of the biometrically- authenticated identification device (see par 0028);
c) a biometric input device 130 (see par 0062);
d) a pre-enrolled biometric data store for storing pre-stored fingerprint data (see par 0032, 0063);
e) a biometric verification module 120 in electronic communication with the biometric input device and pre-enrolled biometric data store, wherein the biometric verification module being configured to compare stored biometric indicia of a user of the biometrically-authenticated identification device with information provided by the biometric input device (see par 0063);
f) a wireless transceiver, e.g., RFID or NFC transceivers (see par 0040, 0060), wherein the biometrically-authenticated identification device is configured to transmit a connectionless message comprising at least one data packet transmitted without first establishing the presence of a listening device or having an established bidirectional communication connection with a recipient of the connectionless message, e.g., transmitting a message to a card reader using RFID or NFC (see par 0064).
Humborstad does not explicitly teach that the device includes a transient memory. Humborstad however teaches executing instructions on the device to process data received from a user or other devices (see par 0041).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to recognize such use of a transient memory on the device because it would have provided a storage for temporarily storing data executed/processed by the instruction program (see par 0041).
Humborstad also does not explicitly teach that that the transmitted message comprises a personalized message. However, Lee discloses a known biometric authentication method, wherein in response to a successful authentication of the biometric data, a personalized message comprising user authentication data is transmitted to a recipient device (see Lee, par 0072).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to recognize that the connectionless message transmitted to a card reader in Humborstad would have comprised user personalized message because it would have enabled provided user authentication data to the card reader device (see Humborstad, par 0064).
Per claim 2, Humborstad teaches using one or more authentication methods, i.e., using different biometric data (see par 0048), and indicia provisions for one or more specific users of the device (see par 0028, 0039).
Per claims 3 and 7, Lee teaches that the authorization device comprises a plurality of persona data stores for storing different user profiles, e.g., user and administrators (see par 0091).
It would have been obvious to one skilled in the art to modify Humborstad with Lee teaching because it would have enabled the same device to be used by different users.
Per claim 4, Lee also teaches that input device comprises one of image/iris scanner, fingerprint (see par 0036).
Per claims 5 and 9, Humborstad teaches using wireless communication such as RFID to transmit connectionless personalized message (see par 0040).
Per claim 6, Lee also teaches using Bluetooth for wireless transmission of data (see par 0073).
Per claim 10, Lee teaches that the device generates a personalized message that is transmitted wirelessly to indicate the authentication state of the device or user (see par 0072).
Per claims 11-12, Lee teaches that the personalized connectionless message is transmitted to a device associated with the authenticated user (see par 0073), wherein the authenticated user is associated with a specific persona (see par 0091).
Thus, it would have been obvious to one skilled in the art to recognize that the personalized connectionless message would have been configured according to the specific persona of the authenticated user.
Per claims 14-15, Humborstad teaches authenticating an assigned user of the biometrically-authenticated identification device using a biometric identifier (data) for the assigned user and configuring the device with a persona correspondence to the assigned user (see par 0032, 0043). Humborstad also teaches sending information to perform secure electronic transaction (see par 0002).
Per claim 16, Humborstad teaches using encryption to provide secure transaction (see par 0023). It is also noted that use of encryption key to perform data encryption is known in the art.
Per claim 17, Lee teaches configuring the device with a second persona, e.g., administrator (see par 0091), transmitting a message associated with the second persona to perform a secure electronic transaction and receiving data corresponding to the completion of the second secure electronic transaction (see par 0073).
Per claims 18-19, Humborstad teaches that the device is a smart card that uses power harvested from the card reader, i.e., the card is in initial powered down state, is powered up during interaction with the card reader and is powered down upon completion of the transaction (see par 0048).
Per claim 20, Lee teaches that the user authenticates using first biometric indicia or second biometric indicia and generates a first/second connectionless message, wherein the first and second message being different and indicating a status of the user (see par 0091).
3. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Humborstad and Lee and further in view of Shin, U.S. pat. Appl. Pub. No. 2012/0169463.
Humborstad does not teach that the biometrically-authenticated identification device comprises a portable device paired with an identification card. However, such set up is known in the art as disclosed by Shin, wherein the portable device comprises a network-based storage for storing a plurality of persona data stores (see Shin, par 0032-0036).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Humborstad with Shin teachings because it would have provided secure storage for biometric data.
Response to Amendment
4. Applicant’s arguments filed February 13, 2025 with respect to claims 1-7 and 9-20 have been considered but are not deemed persuasive. It should be noted that the rejection has been revised to better address claim limitations.
Applicant alleges that neither Humborstad nor Lee teach transmitting a personalized connectionless message without first establishing the presence of a listening device or having an established bidirectional communication connection with a recipient of the personalized connectionless message. Examiner disagrees.
Humborstad clearly teaches transmitting a connectionless message from the biometrically-authenticated identification device to the card reader when the fingerprint matches as discussed in item 2 above (see Humborstad, par 0064). Moreover, Lee teaches that the message sent from the biometrically-authenticated identification device is considered personalized message as it contains user authentication data to enable user authentication at a recipient device (see Lee, par 0072). Thus, the examiner submits that the combination of Humborstad and Lee would meet the alleged claim limitation.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Viet Vu whose telephone number is 571-272-3977. The examiner can normally be reached on Monday through Thursday from 8:00am to 6:00pm. The Group general information number is 571-272-2400. The Group fax number is 571-273-8300.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Emmanuel Moise, can be reached at 571-272-3865.
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/Viet D Vu/
Primary Examiner, Art Unit 2455
10/30/25