DETAILED ACTION
Examiner acknowledges receipt of Applicant’s amendment filed on 08/04/2025
Claims 1 and 3-7 are pending
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments filed 08/04/2025, with respect to the rejections of claims 1 and 3-7 under 35 USC 103 have been fully considered, but they are not persuasive.
Regarding Applicant’s argument, beginning on P. 7 of Applicant Arguments, asserting that Suzuki is not sufficient to teach at least the limitation “and the processor further confirms whether the user whose fingerprint information has been acquired by the fingerprint sensor is the registrant having the right to use the device based on the qualification information”, Examiner respectfully disagrees.
As highlighted in Applicant Arguments, any processing taught by Suzuki appears to be performed by the information processing apparatus 100 and/or the security chip 150 (Suzuki – Paragraph [0071]: the information processing apparatus 100 according to the present embodiment uses the virtual IC card stored in the security chip 150 to perform various processes). However, Examiner respectfully submits that, in view of the additional teachings of Suzuki and those of Ichinohe, the claimed qualification information based on which a user is confirmed to have the right to use a device taught by Suzuki would be obvious to combine with the IC card with processing capability which stores specific registrant biometric information in association with device access taught by Ichinohe.
To elaborate, Ichinohe teaches a physical IC card including at least a processor 11 which “controls the entire IC card” (Ichinohe – Paragraph [0010]). Embodiments of Ichinohe’s IC card also include at least a memory (Ichinohe – Paragraph [0013]) and fingerprint sensor (Ichinohe – Paragraph [0018]) for acquiring, storing, and comparing acquired biometric information to stored data for authentication. Then, Suzuki emphasizes an integrability of the virtual IC card information stored by the security chip 150 (information illustrated in at least Figures 1 and 5-10 of Suzuki), with known IC cards. Suzuki relates their invention to “IC card(s) currently widely available”, and recites that by using the virtual IC card information which is stored within and used by the security chip 150, “various processes can be performed. Therefore, in new development for biometric authentication, a system or program developer does not have to develop from zero at all but can follow an existing process using an IC card” (Suzuki – Paragraph [0069]). Therefore, Suzuki explicitly suggests that a commonly known IC card at the time of the document’s publication could adapt the capabilities of their disclosure.
Thus, in view of the above recitations, integrating the virtual IC card information stored in Suzuki’s security chip with Ichinohe’s IC card would be obvious to one of ordinary skill in the art as Suzuki explicitly encourages such a combination. The combination of Suzuki and Ichinohe would result in the obvious benefit of greater precision in user security and access control based on storing additional qualification information per user for permission to specific hardware/software elements. Such additional security information being stored and processed on-card would facilitate expanded access for users while maintaining policy-based access security.
The rejections herein will reflect the reliance upon Ichinohe’s processor to perform any functionalities attributed to the claimed IC card processor.
Regarding Applicant’s Argument, beginning on P. 9 of Applicant Arguments, asserting that Suzuki teaches away from performing any of its disclosed functionality with a physical IC card, Examiner respectfully disagrees. MPEP 2143 (I)(B) recites “The Federal Circuit’s discussion in ICON also makes clear that if the reference does not teach that a combination is undesirable, then it cannot be said to teach away”. MPEP 2145 (X)(D)(1) adds “a reference does not teach away if it merely expresses a general preference for an alternative invention but does not criticize, discredit or otherwise discourage investigation into the invention claimed”. Suzuki points out potential issues in the existing technology (physical IC cards) as points of emphasis for the proposed improvement to the technology, but does not discourage the use of the existing technology. Instead, as highlighted above, Suzuki explicitly indicates an intended compatibility between their disclosure and “widely available” IC cards. Therefore, it is respectfully submitted that Suzuki does not teach away from Ichinohe or the claimed invention.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ichinohe (JP2018018324) in view of Suzuki (EP 2071484).
Regarding Claim 1:
Ichinohe teaches a portable IC card (Ichinohe – Paragraph [0017]: FIG. 2 is a block diagram schematically illustrating a second configuration example of the IC card according to the embodiment) comprising: a fingerprint sensor which acquires fingerprint information (Ichinohe – Paragraph [0017]: An IC card (portable electronic device) 1 ′ as a second configuration example is further provided with a fingerprint sensor 17… The fingerprint sensor 17 reads a fingerprint as one piece of biological information used for one biometric authentication among a plurality of biometric authentication executable by the IC card, and functions as a biological information acquisition unit that acquires biological information); a communication interface which communicates with a device (Ichinohe – Paragraph [0009]: As illustrated in FIG. 1, the module M of the IC card 1 includes a processor 11, a ROM 12, a RAM 13, a non-volatile memory 14, a communication control unit 15, and an interface 16; and Paragraph [0014]: The communication control unit 15 is connected to the interface 16. The interface 16 is an interface for communication connection to an external device); a memory (Ichinohe – Paragraph [0029]: FIG. 4 is a diagram illustrating an example of data used for biometric authentication stored in the nonvolatile memory 14 of the IC card 1) which stores feature information of fingerprint information of a registrant for use in biometrics (Ichinohe – Paragraph [0032]: For example, when it is premised that four types of biometric authentication by a face image, a fingerprint, an iris, and a vein pattern can be executed as the biometric authentication method, a fingerprint image (or feature data of the fingerprint) for collation of the owner is registered as the first biometric authentication data); wherein the memory stores feature information of biological information of a specific registrant (Ichinohe – Paragraph [0033]: even if it is one type of biometric information, a plurality of biometric authentication data may be registered for one registrant. For example, as biometric authentication data for fingerprints, fingerprint data (for example, a fingerprint image) may be registered for every ten fingers for one registrant. As iris biometric authentication data, right eye iris data and left eye iris data may be registered for one registrant. Further, as biometric authentication data of the palm vein pattern, the right hand vein pattern data and the left hand vein pattern data may be registered for one registrant. Furthermore, as the biometric authentication data of the face image, face image data in a plurality of states (meditating one eye, meditating both eyes, opening the mouth, etc.) may be registered for one registrant); and a processor which authenticates whether a user whose fingerprint information has been acquired by the fingerprint sensor is the registrant having a right to use the device (Ichinohe – Paragraph [0018]: The processor 11 of the IC card 1 ′ also has a function of acquiring the fingerprint image from the image read by the fingerprint sensor 17 by executing a program stored in the nonvolatile memory 14, and a function of executing fingerprint authentication by the fingerprint image acquired from the image read by the fingerprint sensor 17; and Paragraph [0052]: Upon receiving the response from the IC card 1, the control unit 21 determines whether or not the first authentication in the IC card 1 has succeeded on the basis of the received response (S 157). When a response indicating that the first authentication is successful from the IC card 1 is received (S 157, YES), the control unit 21 executes the transaction processing by the normal transaction mode for the user who has succeeded in the first authentication (S 158)), and transmits a result of the authentication to the device communicated through the communication interface (Ichinohe – Paragraph [0014]: The communication control unit 15 is connected to the interface 16. The interface 16 is an interface for communication connection to an external device. The communication control unit 15 and the interface 16 constitute a communication unit. The communication control unit 15 and the interface 16 realize a communication function by a communication method corresponding to the interface of the external device 2. Further, the communication control unit 15 and the interface 16 may be configured to support a plurality of communication methods (for example, contact communication and non-contact communication); and Paragraph [0052]: After transmitting the first biometric information, the control unit 21 waits to receive an authentication result from the IC card 1 and receives a response indicating the result of the first authentication by the first biometric information from the IC card 1. (S156). When the response from the IC card 1 is received, the control unit 21 determines whether or not the first authentication in the IC card 1 is successful based on the received response (S157). When the response indicating that the first authentication is successful is received from the IC card 1 (S157, YES), the control unit 21 executes the transaction process in the normal transaction mode for the user who has succeeded in the first authentication. (S158)); and the processor further confirms whether the user whose fingerprint information has been acquired by the fingerprint sensor [is the registrant having the right to use the device based on the qualification information] (Ichinohe – Paragraph [0018]: The processor 11 of the IC card 1 ′ also has a function of acquiring the fingerprint image from the image read by the fingerprint sensor 17 by executing a program stored in the nonvolatile memory 14, and a function of executing fingerprint authentication by the fingerprint image acquired from the image read by the fingerprint sensor 17).
Ichinohe does not expressly teach and management information indicating a device which the registrant has a right to use; and management information indicating a device which the specific registrant has a right to use; wherein the memory further stores qualification information, [and the processor further confirms whether the user whose fingerprint information has been acquired by the fingerprint sensor] is the registrant having the right to use the device based on the qualification information.
However, Suzuki teaches and management information indicating a device which the registrant has a right to use (Suzuki – Figures 9 and 10: Illustrations of Virtual IC Card Management Information and Authority-Information Management Tables, which associate a user’s registered account with at least one virtual IC card which grants the user various capabilities including device access control; and Paragraph [0057]: When the user uses the input device to select an account and the biometric-information comparing unit 160 obtains information about the account(selected by the user), biometric information corresponding to the account is obtained from the biometric sensor 120, and the obtained biometric information and the biometric information corresponding to the account are compared with each other to determine whether these pieces of biometric information match each other. Then, when these pieces of biometric information match each other, the virtual IC card corresponding to the account is assigned to the user; and Paragraph [0059]: the biometric-information comparing unit 160 compares the authority information registered in the virtual-IC-card management information 157d and the authority-information management table 157e for access control from the user. That is, the biometric-information comparing unit 160 outputs an error when the user does not have access authority over the hardware or software that is requested for access from the user; Examiner’s Comment: As described above in the Response to Arguments, the authority information of Virtual-IC-Card Management information table 157d and Authority-Information Management Table 157e is interpreted to represent the claimed “management information”); and management information indicating a device which the specific registrant has a right to use (Suzuki – Paragraph [0016]: Further in the above-described invention, according to still another aspect of the present invention, the user unique information may store different pieces of biometric information and different pieces of the unique information in association with each other; and Paragraph [0017]: In one embodiment, the user unique information further stores user authority information indicative of authority of the user over either one of a device and software or both implemented in the information processing apparatus in association with the single piece of biometric information, and the information processing unit is configured to perform an access control over either one of the device and the software or both implemented in the information processing apparatus based on the user authority information corresponding to the single piece of biometric information; and Suzuki – Paragraph [0070]: Also, not only one-to-one but also one-to-many, many-to-one, and many-to-many combinations of identity authentication with biometric information and virtual-IC-card information can be taken without logical contradiction. Thus, an elaborate access control over devices, systems, and programs can be performed. With this mechanism, a plurality of pieces of information of a plurality of virtual IC cards can be provided to a single user for use as access control information, and also the encryption key stored inside can be provided as appropriate for each event); wherein the memory further stores qualification information (Suzuki – Figures 10: Illustration of Authority-Information Management Table; and Paragraph [0050]: As depicted in Fig. 10, the authority-information management table 157e is formed of authority information, access-enable hardware, and access-enable software. Specifically, the first row of the authority-information management table 157e indicates that hardware allowed to be accessed with the authority information "Administrator" is "D1, D2, D3, D4..." and software allowed to be accessed therewith is "Sa, Sb, Sc, Sd ..."; and Paragraph [0071]: Here, the example is explained in which the information processing apparatus 100 according to the present embodiment uses the virtual IC card stored in the security chip 150 to perform various processes. However, the embodiment is not meant to be restrictive, and various pieces of authentication information may be read from an existing IC card to perform encryption and electronic authentication; Examiner’s Comment: As described above, the access-enable hardware and software are interpreted to represent the claimed “qualification information”) , [and the processor further confirms whether the user whose fingerprint information has been acquired by the fingerprint sensor] is the registrant having the right to use the device based on the qualification information (Suzuki – Paragraph [0050]: As depicted in Fig. 10, the authority-information management table 157e is formed of authority information, access-enable hardware, and access-enable software. Specifically, the first row of the authority-information management table 157e indicates that hardware allowed to be accessed with the authority information "Administrator" is "D1, D2, D3, D4..." and software allowed to be accessed therewith is "Sa, Sb, Sc, Sd ..."; and Paragraph [0056]: The biometric-information comparing unit 160 is a processing unit; and Paragraph [0059]: Also, the biometric-information comparing unit 160 compares the authority information registered in the virtual-IC-card management information157d and the authority-information management table 157e for access control from the user. That is, the biometric-information comparing unit 160 outputs an error when the user does not have access authority over the hardware or software that is requested for access from the user; and Paragraph [0071]: Here, the example is explained in which the information processing apparatus 100 according to the present embodiment uses the virtual IC card stored in the security chip 150 to perform various processes. However, the embodiment is not meant to be restrictive, and various pieces of authentication information may be read from an existing IC card to perform encryption and electronic authentication).
Suzuki additionally teaches a memory (Suzuki – Paragraph [0044]: The storage unit 157 is a storage unit that stores various information, and has stored therein a bio- information management table 157a, an account-information management table 157b, a comparison- source bio information 157c, a virtual-IC-card management information 157d, and an authority- information management table 157e) which stores feature information of fingerprint information of a registrant for use in biometrics (Suzuki – Figures 7 and 8: Illustrations of Account-Information Management Table and Comparison-Source Bio Information Tables, which associate the user’s biometric information, including fingerprint information, with some user-registered account; and Paragraph [0053]: When the user uses the input device to select a bio authentication scheme and the account-information managing unit 159 obtains information about the bio authentication scheme, a new account is generated, and biometric information corresponding to the bio authentication scheme is obtained. At this point in time, the account-information managing unit 159 registers the new account, the authentication method corresponding to this account, and detailed information in the account-information management table 157b, and also registers the new account and the biometric information in the comparison-source bio information 157c); wherein the memory stores feature information of fingerprint information of a specific registrant (Suzuki – Paragraph [0016]: Further in the above-described invention, according to still another aspect of the present invention, the user unique information may store different pieces of biometric information and different pieces of the unique information in association with each other; and Paragraph [0017]: In one embodiment, the user unique information further stores user authority information indicative of authority of the user over either one of a device and software or both implemented in the information processing apparatus in association with the single piece of biometric information, and the information processing unit is configured to perform an access control over either one of the device and the software or both implemented in the information processing apparatus based on the user authority information corresponding to the single piece of biometric information; and Suzuki – Paragraph [0070]: Also, not only one-to-one but also one-to-many, many-to-one, and many-to-many combinations of identity authentication with biometric information and virtual-IC-card information can be taken without logical contradiction. Thus, an elaborate access control over devices, systems, and programs can be performed. With this mechanism, a plurality of pieces of information of a plurality of virtual IC cards can be provided to a single user for use as access control information, and also the encryption key stored inside can be provided as appropriate for each event).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Ichinohe, further incorporating Suzuki to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Suzuki’s teachings to directly associate a user’s stored and obtained fingerprint information with that user’s right to access a device into Ichinohe’s IC card. This combined functionality establishes a complex access control system focusing on user-specific fingerprint authentication.
Regarding Claim 5:
Ichinohe and Suzuki combine to teach the portable IC card of claim 1.
Suzuki further teaches wherein the fingerprint sensor acquires a fingerprint image (Suzuki – Paragraph [0032]: The biometric sensor 120 can be implemented by a fingerprint sensor, a camera, or a microphone, for example. The fingerprint sensor is a device that detects asperities of a fingerprint at approximately every 50 micrometers for conversion to an electric signal. As a fingerprint reading technique, a semiconductor type, an optical type, a pressure sensitive type, or a thermal type can be used) as biological information (Suzuki – Paragraph 0057]: biometric information corresponding to the account is obtained from the biometric sensor 120).
The motivation to combine the arts is the same as that of Claim 1.
Regarding Claim 6:
Ichinohe teaches an IC card, comprising (Ichinohe – Paragraph [0017]: FIG. 2 is a block diagram schematically illustrating a second configuration example of the IC card according to the embodiment): a fingerprint sensor which acquires fingerprint information (Ichinohe – Paragraph [0017]: An IC card (portable electronic device) 1 ′ as a second configuration example is further provided with a fingerprint sensor 17… The fingerprint sensor 17 reads a fingerprint as one piece of biological information used for one biometric authentication among a plurality of biometric authentication executable by the IC card, and functions as a biological information acquisition unit that acquires biological information); a module including a communication interface (Ichinohe – Paragraph [0009]: The IC card 1 has a module M in the main body C...As illustrated in FIG. 1, the module M of the IC card 1 includes a processor 11, a ROM 12, a RAM 13, a non-volatile memory 14, a communication control unit 15, and an interface 16) which communicates with a device (Ichinohe – Paragraph [0012]: the RAM 13 functions as a communication buffer for temporarily storing data to be transmitted and received to and from the external device 2 via the communication control unit 15 and the interface 16), a memory (Ichinohe – Paragraph [0029]: FIG. 4 is a diagram illustrating an example of data used for biometric authentication stored in the nonvolatile memory 14 of the IC card 1) which stores feature information of a fingerprint image of a registrant for use in fingerprint authentication (Ichinohe – Paragraph [0032]: For example, when it is premised that four types of biometric authentication by a face image, a fingerprint, an iris, and a vein pattern can be executed as the biometric authentication method, a fingerprint image (or feature data of the fingerprint) for collation of the owner is registered as the first biometric authentication data); and a processor which authenticates whether a user whose fingerprint information has been acquired by the fingerprint sensor is the registrant having a right to use the device (Ichinohe – Paragraph [0018]: The processor 11 of the IC card 1 ′ also has a function of acquiring the fingerprint image from the image read by the fingerprint sensor 17 by executing a program stored in the nonvolatile memory 14, and a function of executing fingerprint authentication by the fingerprint image acquired from the image read by the fingerprint sensor 17; and Paragraph [0052]: Upon receiving the response from the IC card 1, the control unit 21 determines whether or not the first authentication in the IC card 1 has succeeded on the basis of the received response (S 157). When a response indicating that the first authentication is successful from the IC card 1 is received (S 157, YES), the control unit 21 executes the transaction processing by the normal transaction mode for the user who has succeeded in the first authentication (S 158)); and transmits a result of the authentication to the device communicated through the communication interface (Ichinohe – Paragraph [0014]: The communication control unit 15 is connected to the interface 16. The interface 16 is an interface for communication connection to an external device. The communication control unit 15 and the interface 16 constitute a communication unit. The communication control unit 15 and the interface 16 realize a communication function by a communication method corresponding to the interface of the external device 2. Further, the communication control unit 15 and the interface 16 may be configured to support a plurality of communication methods (for example, contact communication and non-contact communication); and Paragraph [0052]: After transmitting the first biometric information, the control unit 21 waits to receive an authentication result from the IC card 1 and receives a response indicating the result of the first authentication by the first biometric information from the IC card 1. (S156). When the response from the IC card 1 is received, the control unit 21 determines whether or not the first authentication in the IC card 1 is successful based on the received response (S157). When the response indicating that the first authentication is successful is received from the IC card 1 (S157, YES), the control unit 21 executes the transaction process in the normal transaction mode for the user who has succeeded in the first authentication. (S158)); and a main body incorporating the fingerprint sensor and the module which are connected to each other (Ichinohe – Figure 2: diagram of an IC card including a fingerprint sensor connected to a module, both within the main body); and the processor further confirms whether the user whose fingerprint information has been acquired by the fingerprint sensor [is the registrant having the right to use the device based on the qualification information] (Ichinohe – Paragraph [0018]: The processor 11 of the IC card 1 ′ also has a function of acquiring the fingerprint image from the image read by the fingerprint sensor 17 by executing a program stored in the nonvolatile memory 14, and a function of executing fingerprint authentication by the fingerprint image acquired from the image read by the fingerprint sensor 17).
Ichinohe does not expressly teach and management information indicating a device which the registrant has a right to use; wherein the memory further stores qualification information, [and the processor further confirms whether the user whose fingerprint information has been acquired by the fingerprint sensor] is the registrant having the right to use the device based on the qualification information.
However, Suzuki teaches and management information indicating a device which the registrant has a right to use (Suzuki – Figures 9 and 10: Illustrations of Virtual IC Card Management Information and Authority-Information Management Tables, which associate a user’s registered account with at least one virtual IC card which grants the user various capabilities including device access control; and Paragraph [0057]: When the user uses the input device to select an account and the biometric-information comparing unit 160 obtains information about the account (selected by the user), biometric information corresponding to the account is obtained from the biometric sensor 120, and the obtained biometric information and the biometric information corresponding to the account are compared with each other to determine whether these pieces of biometric information match each other. Then, when these pieces of biometric information match each other, the virtual IC card corresponding to the account is assigned to the user; and Paragraph [0059]: the biometric-information comparing unit 160 compares the authority information registered in the virtual-IC-card management information157d and the authority-information management table 157e for access control from the user. That is, the biometric-information comparing unit 160 outputs an error when the user does not have access authority over the hardware or software that is requested for access from the user); wherein the memory further stores qualification information (Suzuki – Figures 10: Illustration of Authority-Information Management Table; and Paragraph [0050]: As depicted in Fig. 10, the authority-information management table 157e is formed of authority information, access-enable hardware, and access-enable software. Specifically, the first row of the authority-information management table 157e indicates that hardware allowed to be accessed with the authority information "Administrator" is "D1, D2, D3, D4..." and software allowed to be accessed therewith is "Sa, Sb, Sc, Sd ..."; and Paragraph [0071]: Here, the example is explained in which the information processing apparatus 100 according to the present embodiment uses the virtual IC card stored in the security chip 150 to perform various processes. However, the embodiment is not meant to be restrictive, and various pieces of authentication information may be read from an existing IC card to perform encryption and electronic authentication; Examiner’s Comment: As described above, the access-enable hardware and software are interpreted to represent the claimed “qualification information”), [and the processor further confirms whether the user whose fingerprint information has been acquired by the fingerprint sensor] is the registrant having the right to use the device based on the qualification information (Suzuki – Paragraph [0050]: As depicted in Fig. 10, the authority-information management table 157e is formed of authority information, access-enable hardware, and access-enable software. Specifically, the first row of the authority-information management table 157e indicates that hardware allowed to be accessed with the authority information "Administrator" is "D1, D2, D3, D4..." and software allowed to be accessed therewith is "Sa, Sb, Sc, Sd ..."; and Paragraph [0056]: The biometric-information comparing unit 160 is a processing unit; and Paragraph [0059]: Also, the biometric-information comparing unit 160 compares the authority information registered in the virtual-IC-card management information157d and the authority-information management table 157e for access control from the user. That is, the biometric-information comparing unit 160 outputs an error when the user does not have access authority over the hardware or software that is requested for access from the user; and Paragraph [0071]: Here, the example is explained in which the information processing apparatus 100 according to the present embodiment uses the virtual IC card stored in the security chip 150 to perform various processes. However, the embodiment is not meant to be restrictive, and various pieces of authentication information may be read from an existing IC card to perform encryption and electronic authentication).
Suzuki additionally teaches a memory (Suzuki – Paragraph [0044]: The storage unit 157 is a storage unit that stores various information, and has stored therein a bio-information management table 157a, an account-information management table 157b, a comparison-source bio information 157c, a virtual-IC-card management information 157d, and an authority-information management table 157e) which stores feature information of a fingerprint image of a registrant for use in fingerprint authentication (Suzuki – Figures 7 and 8: Illustrations of Account-Information Management Table and Comparison-Source Bio Information Tables – each including fingerprint information for fingerprint authentication, which associate the user’s biometric information with a user-registered account; and Paragraph [0053]: When the user uses the input device to select a bio authentication scheme and the account-information managing unit 159 obtains information about the bio authentication scheme, a new account is generated, and biometric information corresponding to the bio authentication scheme is obtained. At this point in time, the account-information managing unit 159 registers the new account, the authentication method corresponding to this account, and detailed information in the account-information management table 157b, and also registers the new account and the biometric information in the comparison-source bio information 157c), … a user whose biological information has been acquired by the sensor is the registrant having a right to use the device (Suzuki – Paragraph [0057]: When the user uses the input device to select an account and the biometric-information comparing unit 160 obtains information about the account (selected by the user), biometric information corresponding to the account is obtained from the biometric sensor 120, and the obtained biometric information and the biometric information corresponding to the account are compared with each other to determine whether these pieces of biometric information match each other. Then, when these pieces of biometric information match each other, the virtual IC card corresponding to the account is assigned to the user; and Paragraph [0059]: the biometric-information comparing unit 160 compares the authority information registered in the virtual-IC-card management information157d and the authority-information management table 157e for access control from the user. That is, the biometric-information comparing unit 160 outputs an error when the user does not have access authority over the hardware or software that is requested for access from the user).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Ichinohe, further incorporating Suzuki to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Suzuki’s teaching to store fingerprint information for use in authentications for access to an external device into Ichinohe’s IC card with a fingerprint sensor and communication interface. This combination would enable the IC card to store authentication information for repeated use in access control for devices.
Regarding Claim 7:
Ichinohe teaches an authentication system including an access control device and a portable authentication device (Ichinohe – Figs. 2 and 3 and Paragraph [0004]: the present invention provides an IC card and a portable electronic device that can achieve personal authentication with high security. Paragraph [0019]: Next, the configuration of the external device 2 as the IC card processing device will be described), wherein: the access control device includes: a reader/writer which communicates with the portable authentication device (Ichinohe – Paragraph [0019]: external device 2 includes a control unit 21, a display unit 22, an operation unit 23, a processing unit 24, a card reader/writer 25, a camera 26, a fingerprint sensor 27, and a vein sensor 28; and Paragraph [0023]: the control unit 21 has a function of transmitting a command to the IC card 1 by the card reader/writer 25, a function of performing various processing based on the data received from the IC card 1, and the like); and
a processor (Ichinohe – Paragraph [0019]: external device 2 includes a control unit 21, a display unit 22, an operation unit 23, a processing unit 24) which transmits a request, through the reader/writer, to the portable authentication device (Ichinohe – Paragraph [0072]: the control unit 21 transmits an authentication command requesting authentication of the user to the IC card 1 by the card reader/writer 25 to authenticate the user) to authenticate whether a user has a right to use the access control device (Ichinohe – Paragraph [0052]: When a response indicating that the first authentication is successful from the IC card 1 is received (S 157, YES), the control unit 21 executes the transaction processing by the normal transaction mode for the user who has succeeded in the first authentication (S 158)), and restricts an operation of the access control device in accordance with a result of the authentication by the portable authentication device (Ichinohe – Paragraph [0053]: When receiving a response indicating that the first authentication has failed from the IC card 1 (S 157, NO), the control unit 21 displays, on the display unit 22, whether to execute the second authentication by the second biometric authentication method (S 160) ... If there is no instruction to execute the second authentication (S 161, NO), the control unit 21 ends the series of transaction processes); and
the portable authentication device includes: a sensor which acquires biological information (Ichinohe – Paragraph [0017]: An IC card (portable electronic device) 1′ as a second configuration example is further provided with a fingerprint sensor 17… The fingerprint sensor 17 reads a fingerprint as one piece of biological information used for one biometric authentication among a plurality of biometric authentication executable by the IC card, and functions as a biological information acquisition unit that acquires biological information); a communication interface which communicates with the access control device (Ichinohe – Paragraph [0009]: The IC card 1 has a module M in the main body C...As illustrated in FIG. 1, the module M of the IC card 1 includes a processor 11, a ROM 12, a RAM 13, a non-volatile memory 14, a communication control unit 15, and an interface 16; and Paragraph [0012]: the RAM 13 functions as a communication buffer for temporarily storing data to be transmitted and received to and from the external device 2 via the communication control unit 15 and the interface 16); a memory (Ichinohe – Paragraph [0029]: FIG. 4 is a diagram illustrating an example of data used for biometric authentication stored in the nonvolatile memory 14 of the IC card 1) which stores feature information of biological information of a registrant for use in biometrics (Ichinohe – Paragraph [0032]: For example, when it is premised that four types of biometric authentication by a face image, a fingerprint, an iris, and a vein pattern can be executed as the biometric authentication method, a fingerprint image (or feature data of the fingerprint) for collation of the owner is registered as the first biometric authentication data) wherein the memory stores feature information of biological information of a specific registrant (Ichinohe – Paragraph [0033]: even if it is one type of biometric information, a plurality of biometric authentication data may be registered for one registrant. For example, as biometric authentication data for fingerprints, fingerprint data (for example, a fingerprint image) may be registered for every ten fingers for one registrant. As iris biometric authentication data, right eye iris data and left eye iris data may be registered for one registrant. Further, as biometric authentication data of the palm vein pattern, the right hand vein pattern data and the left hand vein pattern data may be registered for one registrant. Furthermore, as the biometric authentication data of the face image, face image data in a plurality of states (meditating one eye, meditating both eyes, opening the mouth, etc.) may be registered for one registrant); and a processor which authenticates whether a user whose biological information has been acquired by the sensor is the registrant having a right to use the access control device (Ichinohe – Paragraph [0018]: The processor 11 of the IC card 1 ′ also has a function of acquiring the fingerprint image from the image read by the fingerprint sensor 17 by executing a program stored in the nonvolatile memory 14, and a function of executing fingerprint authentication by the fingerprint image acquired from the image read by the fingerprint sensor 17; and Paragraph [0052]: Upon receiving the response from the IC card 1, the control unit 21 determines whether or not the first authentication in the IC card 1 has succeeded on the basis of the received response (S 157). When a response indicating that the first authentication is successful from the IC card 1 is received (S 157, YES), the control unit 21 executes the transaction processing by the normal transaction mode for the user who has succeeded in the first authentication (S 158)), and transmits a result of the authentication to the access control device communicated through the communication interface (Ichinohe – Paragraph [0014]: The communication control unit 15 is connected to the interface 16. The interface 16 is an interface for communication connection to an external device. The communication control unit 15 and the interface 16 constitute a communication unit. The communication control unit 15 and the interface 16 realize a communication function by a communication method corresponding to the interface of the external device 2. Further, the communication control unit 15 and the interface 16 may be configured to support a plurality of communication methods (for example, contact communication and non-contact communication); and Paragraph [0052]: After transmitting the first biometric information, the control unit 21 waits to receive an authentication result from the IC card 1 and receives a response indicating the result of the first authentication by the first biometric information from the IC card 1. (S156). When the response from the IC card 1 is received, the control unit 21 determines whether or not the first authentication in the IC card 1 is successful based on the received response (S157). When the response indicating that the first authentication is successful is received from the IC card 1 (S157, YES), the control unit 21 executes the transaction process in the normal transaction mode for the user who has succeeded in the first authentication. (S158)); and the processor further confirms whether the user whose fingerprint information has been acquired by the fingerprint sensor [is the registrant having the right to use the device based on the qualification information] (Ichinohe – Paragraph [0018]: The processor 11 of the IC card 1 ′ also has a function of acquiring the fingerprint image from the image read by the fingerprint sensor 17 by executing a program stored in the nonvolatile memory 14, and a function of executing fingerprint authentication by the fingerprint image acquired from the image read by the fingerprint sensor 17).
Ichinohe does not expressly teach and management information indicating a device which the registrant has a right to use; and management information indicating a device which the specific registrant has a right to use; wherein the memory further stores qualification information, [and the processor further confirms whether the user whose biological information has been acquired by the sensor] is the registrant having the right to use the device based on the qualification information.
However, Suzuki teaches and management information indicating a device which the registrant has a right to use (Suzuki – Figures 9 and 10: Illustrations of Virtual IC Card Management Information and Authority-Information Management Tables, which associate a user’s registered account with at least one virtual IC card which grants the user various capabilities including device access control; and Paragraph [0057]: When the user uses the input device to select an account and the biometric-information comparing unit 160 obtains information about the account(selected by the user), biometric information corresponding to the account is obtained from the biometric sensor 120, and the obtained biometric information and the biometric information corresponding to the account are compared with each other to determine whether these pieces of biometric information match each other. Then, when these pieces of biometric information match each other, the virtual IC card corresponding to the account is assigned to the user; and Paragraph [0059]: the biometric-information comparing unit 160 compares the authority information registered in the virtual-IC-card management information 157d and the authority-information management table 157e for access control from the user. That is, the biometric-information comparing unit 160 outputs an error when the user does not have access authority over the hardware or software that is requested for access from the user; Examiner’s Comment: As described above in the Response to Arguments, the authority information of Virtual-IC-Card Management information table 157d and Authority-Information Management Table 157e is interpreted to represent the claimed “management information”); and management information indicating a device which the specific registrant has a right to use (Suzuki – Paragraph [0016]: Further in the above-described invention, according to still another aspect of the present invention, the user unique information may store different pieces of biometric information and different pieces of the unique information in association with each other; and Paragraph [0017]: In one embodiment, the user unique information further stores user authority information indicative of authority of the user over either one of a device and software or both implemented in the information processing apparatus in association with the single piece of biometric information, and the information processing unit is configured to perform an access control over either one of the device and the software or both implemented in the information processing apparatus based on the user authority information corresponding to the single piece of biometric information; and Suzuki – Paragraph [0070]: Also, not only one-to-one but also one-to-many, many-to-one, and many-to-many combinations of identity authentication with biometric information and virtual-IC-card information can be taken without logical contradiction. Thus, an elaborate access control over devices, systems, and programs can be performed. With this mechanism, a plurality of pieces of information of a plurality of virtual IC cards can be provided to a single user for use as access control information, and also the encryption key stored inside can be provided as appropriate for each event); wherein the memory further stores qualification information (Suzuki – Figures 10: Illustration of Authority-Information Management Table; and Paragraph [0050]: As depicted in Fig. 10, the authority-information management table 157e is formed of authority information, access-enable hardware, and access-enable software. Specifically, the first row of the authority-information management table 157e indicates that hardware allowed to be accessed with the authority information "Administrator" is "D1, D2, D3, D4..." and software allowed to be accessed therewith is "Sa, Sb, Sc, Sd ..."; and Paragraph [0071]: Here, the example is explained in which the information processing apparatus 100 according to the present embodiment uses the virtual IC card stored in the security chip 150 to perform various processes. However, the embodiment is not meant to be restrictive, and various pieces of authentication information may be read from an existing IC card to perform encryption and electronic authentication; Examiner’s Comment: As described above, the access-enable hardware and software are interpreted to represent the claimed “qualification information”) , [and the processor further confirms whether the user whose fingerprint information has been acquired by the fingerprint sensor] is the registrant having the right to use the device based on the qualification information (Suzuki – Paragraph [0050]: As depicted in Fig. 10, the authority-information management table 157e is formed of authority information, access-enable hardware, and access-enable software. Specifically, the first row of the authority-information management table 157e indicates that hardware allowed to be accessed with the authority information "Administrator" is "D1, D2, D3, D4..." and software allowed to be accessed therewith is "Sa, Sb, Sc, Sd ..."; and Paragraph [0056]: The biometric-information comparing unit 160 is a processing unit; and Paragraph [0059]: Also, the biometric-information comparing unit 160 compares the authority information registered in the virtual-IC-card management information157d and the authority-information management table 157e for access control from the user. That is, the biometric-information comparing unit 160 outputs an error when the user does not have access authority over the hardware or sof