DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
The following claim(s) is/are pending in this office action: 1-20
The following claim(s) is/are amended: 1, 12, 17
The following claim(s) is/are cancelled: -
The following claim(s) is/are new: -
Claim(s) 1-20 is/are rejected. This rejection is FINAL.
Previous Rejections Withdrawn
The Double Patenting rejection to claim(s) 1-20 is/are withdrawn based on the filing of a terminal disclaimer.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 2/19/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
Response to Arguments
Applicant’s arguments filed in the amendment filed 2/19/2026, have been fully considered but are moot in view of new grounds of rejection. The reasons set forth below.
Applicant’s Invention as Claimed
Claim Rejections - 35 USC § 103
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 of this title, 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Pub. 2022/0058256) in view of Baltatu (US Pub. 2008/0019573).
With respect to Claim 1, Lee teaches a user authentication device comprising: a wireless communication circuit; (Claim 1; a wireless communication circuit)
one or more processors electrically coupled to the wireless communication circuit; (Claim 1; one or more processors electrically coupled to the wireless communication circuit)
and a memory electrically connected to the one or more processors, (Claim 1; and a memory electrically connected to the one or more processors)
wherein the memory includes one sub-biometric information from among a plurality of sub-biometric information on a user and information on a user authentication request device, (Sub-biometric information will be taught later. Claim 1; wherein the memory includes first biometric information on a user and information on a user authentication request device)
and determine whether the first data and the first biometric information match, (Claim 1; the one or more processors confirms whether first data received from the user authentication request device by using the wireless communication circuit matches with the first biometric information,)
the wireless communication circuit transmits authentication result data about whether the first data matches with the first biometric information to the user authentication request device, and (Claim 1; and the wireless communication circuit transmits authentication result data for whether the first data matches with the first biometric information to the user authentication request device)
wherein the first data is transmitted to the server from the user authentication request device, (Examiner notes that this feature is not limiting on the claims because the claims are for a user authentication device and the limitation refers to actions taken by two other devices not the subject of the claimed article. Regardless, Lee teaches, see paras. 100-103; server receives sensed data from the user authentication request device.)
and identification information of user for each of devices that store sub-biometric information corresponding to the first data is transmitted to the user authentication request device from the server. (Examiner notes that this feature is not limiting on the claims because the claims are for a user authentication device and the limitation refers to actions taken by two other devices not the subject of the claimed article. Regardless, see Lee, paras. 104-106; Server retrieves the id of the user authentication device using the sensed data. Server transmits the identification information to the user authentication request device. See also Baltatu, Abstract, paras. 14-18, 52-59; during enrollment system splits the biometric information of a user into multiple parts and stores them in different memories such as client devices, databases, or memory cards.)
But Lee does not explicitly teach sub-biometric information.
Baltatu, however, does teach wherein the memory includes one sub-biometric information from among a plurality of sub-biometric information on a user (Examiner asserts that the sub-biometric information is obvious over the biometric information because it is just split biometric information. Making separable is obvious, see MPEP 2144.04, and it would have been obvious to one of ordinary skill prior to the effective filing date to separate and separately store the biometric information in order to improve security. Regardless, Examiner will cite Baltatu to teach. Baltatu, abstract, paras. 14-18, 52-59; during enrollment system splits the biometric information of a user into multiple parts and stores them in different memories such as client devices, databases, or memory cards.)
and the plurality of sub-biometric information includes at least a portion of first biometric information on the user, (Abstract, paras. 14-18, 52-59; during enrollment system splits the biometric information of a user into multiple parts and stores them in different memories such as client devices, databases, or memory cards.)
the one or more processors are configured to generate the first biometric information on the user through mutual information exchange with another user authentication device or a server which stores sub-biometric information excluding the one sub-biometric information, in response to receiving first data from the user authentication request device using the wireless communication circuit, (paras. 62-69; when user seeks a verification, a first device transfers its portion of the user’s biometric template to another device. That device puts the portions together to reforge the template and uses the template to perform the authentication. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template.)
the first biometric information is divided into a plurality of sub-biometric information before receiving the first data and distributed (Abstract, paras. 14-18, 52-59; during enrollment system splits the biometric information of a user into multiple parts and stores them in different memories such as client devices, databases, or memory cards. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template.)
based on a number of user authentication devices of a user authentication system including the user authentication device (paras. 84, 91; biometric information can be split into an arbitrary number of devices. para. 55; host computer stores a portion. Para. 56; storage can be in a cell phone memory or in any personal processing device. Paras. 7-9, 84; system improves security by splitting the template to multiple devices. Therefore, it would have been obvious to one of ordinary skill prior to the effective filing date to base the division on the number of available devices in order to improve security by requiring the tampering of additional devices to defeat security.)
each of the plurality of sub-biometric information is stored in memory of user authentication device of the user authentication system or the server, and (Abstract, paras. 14-18, 52-59; during enrollment system splits the biometric information of a user into multiple parts and stores them in different memories such as client devices, databases, or memory cards. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template.)
the user authentication includes the user authentication device and at least one of user authentication device of the user, (paras. 67-71; authentication by comparing sample with template. paras. 84, 91; biometric information can be split into an arbitrary number of devices. paras. 9, 84; portions of the template must be recomposed to create the original template for authentication. Para. 56; storage can be in a cell phone memory or in any personal processing device. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template. To the extent that this suggests storage on at least one personal device of the individual who provided the first biometric information, it would have been obvious to one of ordinary skill prior to the effective filing date to store within the user’s personal device to prevent the recreation of the template without the user’s consent.)
and the first data is transmitted to external devices that store at least one sub-biometric information specified based on the identification information of the user. (First see Lee, Claim 9; transmission based on ID information. Fig. 3, para. 82; system sends sensed data to the device that stores the biometric information so device can get the biometric information and perform authentication. Then see Baltatu, paras. 84, 91; biometric information can be split into an arbitrary number of devices. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template. Para. 62-67; during verification, devices send both the live template and their portion of a reference template to a device and the device recomposes the reference template and compares the reference template to the live template. Therefore, it would have been obvious to one of ordinary skill prior to the effective filing date to transmit the first data to the devices that store the sub-biometric information so that they know which particular template of their stored templates to all for recomposing the template.)
It would have been obvious to one of ordinary skill prior to the effective filing date to combine the user authentication device of Lee and the sub-biometric information in order to enhance user security and privacy. (Baltatu, paras. 12, 79)
With respect to Claim 2, modified Lee teaches the user authentication device of claim 1, and Lee also teaches wherein the first data may be set to be deleted in response to being transmitted from the user authentication request device to the user authentication device. (para. 45; In addition, the first data may be set to be deleted in response to being transmitted from the user authentication request device to the user authentication device.)
With respect to Claim 3, modified Lee teaches the user authentication device of claim 1, and Lee also teaches wherein the first biometric information includes at least one of fingerprint information, DNA information, body skeleton information, hand shape information, retina information, iris information, face information, vein information, electrocardiogram information, handwriting information, gait information, signature information, blood vessel information, sweat gland structure information, voice information, and biomolecular information. (Claim 2; wherein the first biometric information includes at least one of fingerprint information, DNA information, body skeleton information, hand shape information, retina information, iris information, face information, vein information, electrocardiogram information, handwriting information, gait information, signature information, blood vessel information, sweat gland structure information, voice information, and biomolecular information.)
With respect to Claim 4, modified Lee teaches the user authentication device of claim 1, and Baltatu also teaches wherein the one or more processors are further configured to: collect sub-biometric information excluding the one sub-biometric information from among the plurality of sub-biometric information, in response to receiving the first data from the user authentication request device using the wireless communication circuit, and generate the first biometric information by combining the one sub-biometric information stored in the memory and the collected sub-biometric information. (paras. 62-69; when user seeks a verification, a first device transfers its portion of the user’s biometric template to another device. That device puts the portions together to reforge the template and uses the template to perform the authentication.)
The same motivation to combine as Claim 1 applies here.
With respect to Claim 5, modified Lee teaches the user authentication device of claim 1, and Baltatu also teaches wherein the one or more processors are further configured to: collect some sub-biometric information excluding the one sub-biometric information from among the plurality of sub-biometric information, in response to receiving the first data from the user authentication request device using the wireless communication circuit, and generate the first biometric information by combining the one sub-biometric information stored in the memory and the collected some sub-biometric information. (paras. 62-69; when user seeks a verification, a first device transfers its portion of the user’s biometric template to another device. That device puts the portions together to reforge the template and uses the template to perform the authentication. Para. 90; template can be split into more than two portions.)
The same motivation to combine as Claim 1 applies here.
With respect to Claim 6, modified Lee teaches the user authentication device of claim 1, and Lee also teaches further comprising: an input/output device, wherein the input/output device receives a first ultrasonic signal, and the one or more processors output a second ultrasonic signal by using the input/output device in response to the first ultrasonic signal being received. (Claim 3; an input/output device, wherein the input/output device receives a first ultrasonic signal, and the one or more processors outputs a second ultrasonic signal by using the input/output device in response to the first ultrasonic signal being received.)
With respect to Claim 7, modified Lee teaches the user authentication device of claim 6, and Lee also teaches wherein the first ultrasonic signal is included in the information of the user authentication request device and the second ultrasonic signal includes identification information of the user authentication device. (Claim 4; wherein the first ultrasonic signal is included in the information of the user authentication request device and the second ultrasonic signal includes identification information of the user authentication device.)
With respect to Claim 8, modified Lee teaches the user authentication device of claim 1, and Lee also teaches wherein the user authentication device includes a camera module or a sensor module, the one or more processors acquire the first biometric information based on data obtained by sensing a body of the user by using the camera module or the sensor module, and the memory stores the first biometric information in a security area. (Claim 5; wherein the user authentication device includes a camera module or a sensor module, the one or more processors acquires the first biometric information based on data obtained by sensing a body of the user by using the camera module or the sensor module, and the memory stores the first biometric information in a security area.)
With respect to Claim 9, modified Lee teaches the user authentication device of claim 1, and Lee also teaches further comprising: an input/output device, wherein the one or more processors install an application related to the user authentication request device by a selection of the user, the one or more processors store the information on the user authentication request device by using the application in the memory, the one or more processors use the input/output device to acquire data about one or more pieces of information requested from the user authentication request device by using the application, and the wireless communication circuit transmits the acquired one or more pieces of information to the user authentication request device. (Claim 6; an input/output device, wherein the one or more processors installs an application related to the user authentication request device by a selection of the user, the one or more processors stores the information on the user authentication request device by using the application in the memory, the one or more processors uses the input/output device to acquire data about one or more pieces of information requested from the user authentication request device by using the application, and the wireless communication circuit transmits the acquired one or more pieces of information to the user authentication request device.)
With respect to Claim 10, modified Lee teaches the user authentication device of claim 9, and Lee also teaches wherein the information on the user authentication request device includes at least one of a type of a service related to the user authentication request device, specific contents of the service related to the user authentication request device, a position of the user authentication request device, a type of the user authentication request device, and sensor information included in the user authentication request device. (Claim 7; wherein the information on the user authentication request device includes at least one of a type of a service related to the user authentication request device, specific contents of the service related to the user authentication request device, a position of the user authentication request device, a type of the user authentication request device, and sensor information included in the user authentication request device.)
With respect to Claim 11, modified Lee teaches the user authentication device of claim 9, and Lee also teaches wherein the information on the user includes at least one of an ID, a password, a name, a gender, a mobile phone number, an addresses, an email address, an identification number related to a service provided by the user authentication request device, a type of the service to be used, and specific contents of the service. (Claim 8; wherein the information on the user includes at least one of an ID, a password, a name, a gender, a mobile phone number, an addresses, an email address, an identification number related to a service provided by the user authentication request device, a type of the service to be used, and specific contents of the service.)
With respect to Claim 12, Lee teaches a user authentication request device comprising: an input/output device; (Claim 9; request device comprising an I/O device)
a sensor module; (Claim 9; sensor module)
a camera module; Claim 9; camera module)
a wireless communication circuit; (Claim 9; wireless communication circuit)
and one or more processors electrically connected to the input/output device, the sensor module, the camera module, and the wireless communication circuit, (Claim 9; processor)
wherein the one or more processors acquire raw data obtained by sensing a body of a user by using the sensor module or the camera module, (Claim 9; processor acquires raw data by sensing a body)
transmits the raw data to a server, and obtain, from the server, identification of a user for each of devices that store sub-biometric information corresponding to the raw data (paras. 100-103; server receives sensed data from the user authentication request device. paras. 104-106; Server retrieves the id of the user authentication device using the sensed data. Server transmits the identification information to the user authentication request device. See also Baltatu, Abstract, paras. 14-18, 52-59; during enrollment system splits the biometric information of a user into multiple parts and stores them in different memories such as client devices, databases, or memory cards.)
and the one or more processors execute a function determined based on authentication data received from the user authentication device of a first user by using the wireless communication circuit (Claim 9; function based on authentication)
and the authentication data is generated by matching the raw data and the first biometric information stored in the user authentication device of the first user, (Claim 1; the one or more processors confirms whether first data received from the user authentication request device by using the wireless communication circuit matches with the first biometric information. Para. 37; execute user authentication by comparing biometric information stored in the user authentication device)
But Lee does not explicitly teach sub-biometric information.
Baltatu, however, does teach the wireless communication circuit transmits the raw data to external devices that store at least one sub-biometric information specified based on the identification information on a user for each of devices that store sub-biometric information, (First see Lee, Claim 9; transmission based on ID information. Fig. 3, para. 82; system sends sensed data to the device that stores the biometric information so device can get the biometric information and perform authentication. Then see Baltatu, paras. 84, 91; biometric information can be split into an arbitrary number of devices. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template. Para. 62-67; during verification, devices send both the live template and their portion of a reference template to a device and the device recomposes the reference template and compares the reference template to the live template. Therefore, it would have been obvious to one of ordinary skill prior to the effective filing date to transmit the first data to the devices that store the sub-biometric information so that they know which particular template of their stored templates to all for recomposing the template.)
the first biometric information is divided into a plurality of sub-biometric information before transmitting the raw data (Examiner asserts that the sub-biometric information is obvious over the biometric information because it is just split biometric information. Making separable is obvious, see MPEP 2144.04, and it would have been obvious to one of ordinary skill prior to the effective filing date to separate and separately store the biometric information in order to improve security. Regardless, Examiner will cite Baltatu to teach. Baltatu, abstract, paras. 14-18, 52-59; during enrollment system splits the biometric information of a user into multiple parts and stores them in different memories such as client devices, databases, or memory cards. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template.)
and distributed based on a number of user authentication devices of a user authentication system including the user authentication device, (paras. 84, 91; biometric information can be split into an arbitrary number of devices. para. 55; host computer stores a portion. Para. 56; storage can be in a cell phone memory or in any personal processing device. Paras. 7-9, 84; system improves security by splitting the template to multiple devices. Therefore, it would have been obvious to one of ordinary skill prior to the effective filing date to base the division on the number of available devices in order to improve security by requiring the tampering of additional devices to defeat security.)
each of the plurality of sub-biometric information is stored in memory of user authentication device of the user authentication system or the server, and (Abstract, paras. 14-18, 52-59; during enrollment system splits the biometric information of a user into multiple parts and stores them in different memories such as client devices, databases, or memory cards. paras. 62-69; when user seeks a verification, a first device transfers its portion of the user’s biometric template to another device. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template.)
and the user authentication includes the user authentication device and at least one of user authentication device of the user. (paras. 67-71; authentication by comparing sample with template. paras. 84, 91; biometric information can be split into an arbitrary number of devices. paras. 9, 84; portions of the template must be recomposed to create the original template for authentication. Para. 56; storage can be in a cell phone memory or in any personal processing device. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template. To the extent that this suggests storage on at least one personal device of the individual who provided the first biometric information, it would have been obvious to one of ordinary skill prior to the effective filing date to store within the user’s personal device to prevent the recreation of the template without the user’s consent.)
It would have been obvious to one of ordinary skill prior to the effective filing date to combine the user authentication request device of Lee and the sub-biometric information in order to enhance user security and privacy. (Baltatu, paras. 12, 79)
With respect to Claim 13, modified Lee teaches the user authentication request device of claim 12, and Lee also teaches further comprising: a memory electrically connected to the one or more processors, wherein the memory includes information on the user received from the user authentication device of the first user. (Claim 10)
With respect to Claim 14, modified Lee teaches the user authentication request device of claim 13, and Lee also teaches wherein the memory does not store the raw data. (Claim 11)
With respect to Claim 15, modified Lee teaches the user authentication request device of claim 12, and Lee also teaches wherein the input/output device outputs a first ultrasonic signal and receives a second ultrasonic signal in response to an output of the first ultrasonic signal, and the one or more processors acquire an identification number of the user authentication device of the first user based on the second ultrasonic signal. (Claim 12)
With respect to Claim 16, modified Lee teaches the user authentication request device of claim 12, and Lee also teaches wherein the input/output device includes a touch screen, the one or more processors display information request for the user authentication device of the first user by using the touch screen and acquires a selection of the user in response to the displayed information, and the one or more processors acquire an identification number for the user authentication device of the first user based on the acquired user selection data. (Claim 13)
With respect to Claim 17, Lee teaches a server comprising: a wireless communication circuit; (Claim 14; server with wireless communication circuit)
one or more processors electrically connected to the wireless communication circuit; (Claim 14; processor)
and a memory electrically connected to the one or more processors, (Claim 14; processor)
wherein the wireless communication circuit receives double-encrypted first data from a first electronic device, (Claim 14; double encrypted data)
the one or more processors store first result data to which a first decryption method that is predetermined for the first data is applied in the memory, (Claim 14; first decryption)
the first result data includes identification information on the first electronic device, (Claim 14; identification information)
the wireless communication circuit receives second data from a second electronic device, (Claim 14; receipt of second data)
the one or more processors retrieve second result data to which a second encryption method that is predetermined for the second data is applied in the memory, (Claim 14; retrieval of second data)
and the wireless communication circuit transmits identification information of a user for each of devices that store sub-biometric information corresponding to raw data according to the retrieving result to the second electronic device. (Claim 14; transfer of ID information. paras. 100-103; server receives sensed data from the user authentication request device. paras. 104-106; Server retrieves the id of the user authentication device using the sensed data. Server transmits the identification information to the user authentication request device. See also Baltatu, Abstract, paras. 14-18, 52-59; during enrollment system splits the biometric information of a user into multiple parts and stores them in different memories such as client devices, databases, or memory cards.)
But Lee does not explicitly teach sub-biometric information.
Baltatu, however, does teach the memory stores one sub-biometric information of biometric information of user of the first electronic device; (Examiner asserts that the sub-biometric information is obvious over the biometric information because it is just split biometric information. Making separable is obvious, see MPEP 2144.04, and it would have been obvious to one of ordinary skill prior to the effective filing date to separate and separately store the biometric information in order to improve security. Regardless, Examiner will cite Baltatu to teach. Baltatu, abstract, paras. 14-18, 52-59; during enrollment system splits the biometric information of a user into multiple parts and stores them in different memories such as client devices, databases, or memory cards. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template.)
the one sub-biometric information is divided from the biometric information based on a number of user authentication devices of a user authentication system including the user authentication device, (paras. 84, 91; biometric information can be split into an arbitrary number of devices. para. 55; host computer stores a portion. Para. 56; storage can be in a cell phone memory or in any personal processing device. Paras. 7-9, 84; system improves security by splitting the template to multiple devices. Therefore, it would have been obvious to one of ordinary skill prior to the effective filing date to base the division on the number of available devices in order to improve security by requiring the tampering of additional devices to defeat security.)
sub-biometric information divided from the biometric information excluding the one sub-biometric information is stored in memory of user authentication device of the user authentication system, (Abstract, paras. 14-18, 52-59; during enrollment system splits the biometric information of a user into multiple parts and stores them in different memories such as client devices, databases, or memory cards. paras. 62-69; when user seeks a verification, a first device transfers its portion of the user’s biometric template to another device. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template.)
the user authentication includes the first electronic device and at least one of user authentication device of the user of the first electronic device, (paras. 67-71; authentication by comparing sample with template. paras. 84, 91; biometric information can be split into an arbitrary number of devices. paras. 9, 84; portions of the template must be recomposed to create the original template for authentication. Para. 56; storage can be in a cell phone memory or in any personal processing device. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template. To the extent that this suggests storage on at least one personal device of the individual who provided the first biometric information, it would have been obvious to one of ordinary skill prior to the effective filing date to store within the user’s personal device to prevent the recreation of the template without the user’s consent.)
and the second data is transmitted to all electronic devices that store at least one sub-biometric information specified based on the identification information. (First see Lee, Claim 9; transmission based on ID information. Fig. 3, para. 82; system sends sensed data to the device that stores the biometric information so device can get the biometric information and perform authentication. Then see Baltatu, paras. 84, 91; biometric information can be split into an arbitrary number of devices. Paras. 87, 90; client-server scenario in which client and server both store a portion of the template. Para. 62-67; during verification, devices send both the live template and their portion of a reference template to a device and the device recomposes the reference template and compares the reference template to the live template. Therefore, it would have been obvious to one of ordinary skill prior to the effective filing date to transmit the first data to the devices that store the sub-biometric information so that they know which particular template of their stored templates to all for recomposing the template.)
It would have been obvious to one of ordinary skill prior to the effective filing date to combine the server of Lee and the sub-biometric information in order to enhance user security and privacy. (Baltatu, paras. 12, 79)
With respect to Claim 18, modified Lee teaches the server of claim 17, and Lee also teaches wherein the first result data includes encrypted user biometric information of the first electronic device, and does not include key data for decrypting the encrypted user biometric information of the first electronic device. (Claim 15)
With respect to Claim 19, modified Lee teaches the server of claim 17, and Lee also teaches wherein the one or more processors transmit user authentication completion data to the second electronic device in response to the second result data being retrieved in the memory to the second electronic device. (Claim 16)
With respect to Claim 20, modified Lee teaches the server of claim 17, and Lee also teaches wherein the one or more processors transmit the second data to the first electronic device in response to the second result data being retrieved in the memory. (Claim 17)
Remarks
Applicant argues at Remarks, pg. 12 that a terminal disclaimer fixes the Double Patenting rejection. Examiner agrees and withdraws the rejection.
Applicant argues at Remarks, pgs. 9-12 that amended Claim 1 is nonobvious. Applicant argues Lee fails to teach the entirety of the new limitations (pgs. 10-11) and then that Baltatu fails to teach the entirety of the new limitations (pg. 11).
The new features are obvious over the combination. The logic of the rejection is simple – This application is a continuation-in-part of Lee. The parent application was published more than a year before the instant filing, and the instant claims do not receive the effective filing date of the parent because all claims utilize the sub-biometric data feature which was not present in the parent. Consequently, to the extent this claimset relies upon all the “continuation” disclosure of this continuation-in-part, Lee constitutes the best prior art. Relevantly, Lee teaches the same technique as claimed except it is applied to a single, unified storage of biometric information. This CIP teaches the additional feature that biometric information can be divided, generating “sub-biometric information” and stored in multiple locations. Baltatu evidences the art previously engaged in such a division for security purposes, because storing the data in different devices meant that any one device being compromised would not expose the entirety of the reference template, see, e.g., Baltatu para. 79.
The newly amended features are the same directory-style features that existed in the parent Lee – a requesting device submits a sample to a server, and the server uses the sample to identify the device storing the template so that the request to authenticate can be sent to that device. The only difference between Lee and the amended claim feature is the same as detailed above: Lee contemplates returning only a single identification information because only a single device is storing biometric information. The instant claims claim transmitting identification information “for each of devices that store sub-biometric information.” To the extent that “each” suggests multiple identifications and “sub-biometric” information is expressly identified elsewhere in the claim as a plural (“the memory includes one sub-biometric information from among a plurality of sub-biometric information”) Examiner agrees Lee does not anticipate. But Lee/Baltatu renders the amended claim limitation obvious for the same reason it rendered sub-biometric information obvious in the previous versions of the rejection – Lee teaches a technique with respect to a singular storage, and Baltatu evidences the obviousness of dividing the data to a plurality of storages. (Examiner further notes that even absent Baltatu Making Separable is obvious, see MPEP 2144. Similarly, simple combination is obvious, see MPEP 2143, which suggests simple division or separation would be obvious. Examiner thinks that the claims are obvious over Lee alone. Regardless, Baltatu bolsters the obviousness determination so it is cited herein.)
Applicant does not dispute the previous logic with respect to the combination. Instead, Applicant argues that Lee, standing on its own, does not anticipate and Baltatu, standing on its own, does not anticipate. Examiner agrees that Lee does not anticipate and that Baltatu does not anticipate. This is not an anticipation rejection. The amended features and the claim as a whole are obvious over the combination of teachings.
All claims remain rejected.
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 extension fee 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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/NICHOLAS P CELANI/Examiner, Art Unit 2449