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 .
DETAILED ACTION
This is a reply to the application filed on 12/11/2023, in which, claims 1-12 are pending. Claims 1 and 8 are independent.
When making claim amendments, the applicant is encouraged to consider the references in their entireties, including those portions that have not been cited by the examiner and their equivalents as they may most broadly and appropriately apply to any particular anticipated claim amendments.
Drawings
The drawings filed on 12/11/2023 are accepted.
Specification
The disclosure filed on 12/11/2023 is accepted.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the multiple instances of "a user", “a user profile”. It is not clear whether the multiple instances of “a user” and “a user profile” are referencing the same entity or a different entity making the claim scope unclear.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8, 9, 11, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20130219479 A1 (hereinafter ‘Desoto’) in view of US 20220344062 A1 (hereinafter ‘Nance’).
As regards claim 8, Desoto (US 20130219479 A1) discloses: A method for securely accessing patient data comprising steps of: obtaining a first computing device having a first user interface, (Desoto: Fig. 3) wherein an input device of said first computing device allows a user to access a user profile having first login credentials via said first user interface, (Desoto: ¶35-¶36, i.e., login using first set of credentials to a registered user ID)
wherein a camera of said first computing device allows a user to capture image data, (Desoto: ¶20, i.e., the camera)
locating a second computing device having a second user interface, wherein a predefined pattern having second login credentials is presented in said second user interface via a display, (Desoto: Fig. 3, 308, i.e., scanning the display of the second device for the code)
logging into said user profile using said first user interface, (Desoto: ¶35-¶36, i.e., login using first set of credentials to a registered user ID)
scanning said predefined pattern of said second user interface using said camera of said first computing device, and (Desoto: Fig. 3, 308, i.e., scanning the display of the second device for the code)
accessing a database operably connected to said second computing device once said second computing device has confirmed said first login credentials and said second login credentials. (Desoto: Fig. 3, 310-318, ¶27, ¶37-¶39, i.e., providing second set of credentials and the first set to access the resource on the second device)
However, Desoto does not explicitly teach the resource to be a database. In analogous art, Nance (US 20220344062 A1) teaches: database. (Nance: Fig. 1, ¶26-¶33, i.e., accessing secure database connected to a second device via credentials)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Desoto to include a secure database connected to another device as taught by Nance with the motivation to provide secure access to records (Nance: Fig. 1, ¶26-¶33)
As regards claim 9, Desoto et al combination teaches the method of claim 8, further comprising the steps of: obtaining a secondary security device used to access said user profile, and submitting third login credentials to said second computing device using said secondary security device. (Desoto: Figs. 1-3, 310-318, ¶27, ¶37-¶39, i.e., the ID provider device and the token)
As regards claim 11, Desoto et al combination teaches the method of claim 9, wherein said secondary security device is a security card having said predefined pattern that may be scanned by a camera of at least one of said first computing device and said second computing device. (Desoto: Fig. 3, 308, i.e., scanning the display of the second device for the code)
As regards claim 12, Desoto et al combination teaches the method of claim 9, wherein said secondary security device transmits a computer readable signal containing said third login credentials to said second computing device, wherein said computer readable signal is compared to permission levels to determine which data within said user profile a user may access. (Desoto: ¶12-¶13, ¶24)
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Desoto in view of Nance in view of US 20220208352 A1 (hereinafter ‘Hanson’).
As regards claim 10, Desoto et al combination teaches the method of claim 9, However, Desoto et al do not but in analogous art, Hanson (US 20220208352 A1) teaches: wherein said secondary security device is a biometric scanner, wherein said user may submit said third login credentials by scanning a biometric feature of their person. (Hanson: ¶30, i.e., device to provide biometric authentication)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Desoto et al to include a secure biometric device to provide biometric authentication for the user as taught by Hanson with the motivation to provide secure access to records (Hanson: ¶30, ¶67)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED A ZAIDI whose telephone number is (571)270-5995. The examiner can normally be reached Monday-Thursday: 5:30AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Nickerson can be reached at (469) 295-9235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYED A ZAIDI/ Primary Examiner, Art Unit 2432
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