DETAILED ACTION
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 .
Continuation Data
This application claims priority to Provisional applications 63/629,088 filed September 18, 2023 and 63/576388 filed February 7, 2023.
Information Disclosure Statement
The Information Disclosure Statement filed on February 7, 2024 has been considered. An initialed copy of the Form 1449 is enclosed herewith.
Claim Rejections - 35 USC § 102
4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
5. Claims 1, 2, 4, 6, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fisher et al (2021/0090084), hereinafter Fisher.
With respect to claim 1, Fisher illustrates in figure 2A and discloses in paragraph 0036, a biometric electronic card (130) comprising: an electronic transactions unit to enable secure financial transactions (paragraph 0036); a communications network unit (303, part of the card management system 190); a card data encoding storage (paragraph 0038); an input/output unit to interact with the biometric electronic card and to verify biometrics of a user (paragraphs 0025, 0047, and 0058); a power source (220); and a location positioning unit (paragraph 0053 – location circuit 310, part of the management system 190), where the electronic transactions unit, the communications network unit, the card data encoding storage, the input/output unit, the power source and the location positioning unit are all integrated with the biometric electronic card (figure 2A).
With respect to claim 2, Fisher teaches in paragraph 0038, the biometric electronic card, where the electronic transactions unit comprises an EMV chip (210).
With respect to claim 4, Fisher discloses in paragraph 0036, the biometric electronic card of claim 1, where the card data encoding storage comprises a magnetic strip.
With respect to claim 6, Fisher discloses in paragraph 0040, the biometric electronic card, where the power source comprises at least one of the following: a conventional alkaline battery, a rechargeable battery, a solar panel, a thermoelectric unit, hand-cranked power source, a motion activated power source, an input to an external power source or a combination thereof.
With respect to claim 7, Fisher discloses I paragraph 0066, the biometric electronic card, where the location positioning unit comprises at least one of the following: a GPS unit, a GNSS unit, a cellular positioning unit, a Wi-Fi positioning unit, a Bluetooth positioning unit or a combination thereof.
Claim Rejections - 35 USC § 103
6. 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.
7. Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Fisher in view of Valadas Preto (2014/0081785), hereinafter Preto.
Fisher’s teachings are discussed above. Fisher additionally teaches in paragraph 0022 associating the card with a mobile network. Fisher however fails to teach wherein the network unit comprises a SIM and further fails to teach the card including a touchscreen.
With respect to claim 3, Preto teaches in paragraph 0008 and in claim 1, having the payment card include a SIM in order to uniquely identify the payment card in the mobile network.
With respect to claim 5, Preto teaches in claim 1 and throughout the disclosure, having the card include a touchscreen for user input.
In view of Preto’s teachings, it would have been obvious to an artisan of ordinary skill in the art at the time the invention was made to have Fisher’s biometric card include basic data mobile modules including a SIM as well as include a touchscreen, as is taught by Preto. One would be motivated to include mobile modules in order to use the card in mobile networks. Additionally, one would be motivated to include a touchscreen so users can directly input data to the card.
8. Claims 8-12, and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fisher in view of Daniel (9,466,060).
Fisher’s teachings are discussed above including the limitations of claims of 9 and 20 (paragraph 0022), 11, 12, 14, 17, 18, and 19 (paragraph 0052). Fisher further teaches the card being embodied with a user device (paragraph 0026). Fisher however fails to teach a card case which interacts with the biometric card.
With respect to claims 8, 15, and 16, Daniel teaches in the abstract an electronic card case for verifying a biometric payment card and further illustrates in figure 3, the case 302 including a retaining/releasing mechanism 310 (locking and unlocking). See column 7, lines 8-31.
With respect to claim 10, Daniel teaches in column 7, lines 8-31, the securing mechanism comprising a magnetic lock.
In view of Daniel’s teachings, it would have been obvious to an artisan of ordinary skill in the art at the time the invention was made to use Daniel’s electronic card case with the biometric card taught by Fisher. One would be motivated to use the card case, as Daniel teaches (abstract), in order to verify the cardholder of the biometric card.
9. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Fisher in combination with Daniel and in further view of Preto.
Fisher’s teachings in combination with the teachings of Daniel are discussed above. The combination however fails to teach the communications unit comprises a subscriber identity module.
With respect to claim 13, Preto teaches in paragraph 0008 and in claim 1, having the payment card include a SIM in order to uniquely identify the payment card in the mobile network.
In view of Preto’s teachings, it would have been obvious to an artisan of ordinary skill in the art at the time the invention was made to have Fisher’s in combination with Daniel’s biometric card/case include basic data mobile modules including a SIM as well as include a touchscreen, as is taught by Preto. One would be motivated to include mobile modules in order to use the card in mobile networks. Additionally, one would be motivated to include a touchscreen so users can directly input data to the card.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: See attached PTO form 892, Refence Cited.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allyson N. Trail whose telephone number is (571) 272-2406. The examiner can normally be reached between the hours of 7:30AM to 4:00PM Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G. Lee, can be reached on (571) 272-2398. The fax phone number for this Group is (571) 273-8300.
Communications via Internet e-mail regarding this application, other than those under 35 U.S.C. 132 or which otherwise require a signature, may be used by the applicant and should be addressed to [allyson.trail@uspto.gov].
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/ALLYSON N TRAIL/Primary Examiner, Art Unit 2876
October 4, 2024