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 11/18/25, with respect to 35 USC 103 have been fully considered and are persuasive. The 35 USC 103 rejections of claims 1-20, as amended, have been withdrawn. While, the 35 USC 101 (abstract nature) rejections of claims 1-20 have been withdrawn, claims 11-15 have been rejected under 35 USC 101 as being software per se.
It doesn’t appear applicant has addressed the objection to the Specification for trademark symbol issues.
Specification
The disclosure is objected to because of the following informalities:
The use of the terms "GPT-3" and "DALL-E", which are trade names or marks used in
commerce, have been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized wherever it appears or, where
appropriate, include a proper symbol indicating use in commerce such as TM, SM , or R following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service
marks, certification marks, and collective marks) are permissible in patent applications, the
proprietary nature of the marks should be respected and every ef fort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 11-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least of the four categories of patent eligible subject matter because claims 11-15 do not have anything that would be interpreted to be hardware or a hardware component like a memory- making it software per-se/non-statutory under 35 USC § 101. (see ¶ 26 of spec: "the terms “circuitry” and “engine” may in addition refer to software instructions that configure the hardware components of the apparatus 200 to perform the various functions described herein."; and see ¶ 56 can be implemented in software only).
Allowable Subject Matter
Claims 1-10 and 16-20 are allowed.
Claims 11-15 would be allowable if rewritten to overcome the 35 USC 101.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) US 2006/0157559 by Levy et al. teaches scanning in documents (e.g., breeder or ID documents) used to verify the applicant of the credential and creating data records including the image of the documents. As a means to reduce fraud, these data records are linked to the credential and to the issuer location, operator and time and place of issuance.
2) US 9,152.964 by Robinson et al. teaches obtaining and storing a signed agreement authorizing the use of a user's biometric data for the purpose of offering legal consent to agreements and transactions with one or more operators
3) US 2008/0152202 by Moise et al. teaches a system for the acquisition, analysis, and authentication of the handwritten signature.
None of them along or in combination teaches synthetic signature with fraudulent discriminator, as currently amended.
THIS ACTION IS MADE FINAL. 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.
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/RUPAL DHARIA/Supervisory Patent Examiner, Art Unit 2492