DETAILED ACTION
Notice of Pre-AIA or AIA Status
In the present application, filed on or after March 16, 2013, claims 9-15 have been considered and examined under the first inventor to file provisions of the AIA .
Respond to Applicant’s Arguments/Remarks
Applicant’s arguments, see Remarks, filed 04/24/2026, with respect to Applicant’s election with traverse of Group II claims 9-15, the traversal grounds are:
The Same Prior Art Has Been Applicant Across All Three Groups
Examiner respectfully disagrees with Applicant because Applicant arguments do not applied to current claim set filed along the RCE on 02/03/2026.
The Inventions Are Disclosed As an Integrated System and Are Capable of Use Together.
On pages 9-10 of Applicant’s remarks, Applicant stated that under MPEP § 806.05(j), for related inventions to be distinct, the inventions as claimed must: (1) not overlap in scope, i.e., be mutually exclusive; (2) not be obvious variants; and (3) either not be capable of use together or have a materially different design, mode of operation, function, or effect. Here, the specification discloses that all three claim groups operate together as components of a unified RFID system wherein Group I (Claims 1-8 and 21) recites an RFID tag method involving a temperature detection switch that transitions states based on a temperature threshold, Group II (Claims 9-15) recites an RFID tag apparatus with orientation sensors that outputs different RF signals based on orientation, and Group III (Claims 16-20) recites an RFID tag reader method that receives and combines data from an RFID tag to determine instructions.
Examiner respectfully disagrees with Applicant because the information received by the controller in Group II and provided by the tag in Group I in response to the temperature threshold being crossed do not used for the authorization of the transaction, and the instruction generated by combining the first data and the second data to cause the device to perform the determined instruction in the method of Group III has nothing to consider whether the temperature threshold being crossed or the orientation of the tag. Therefore, the inventions of Group I, Group II, and Group II are distinct, the inventions as claimed must: (1) not overlap in scope, i.e., be mutually exclusive; (2) not be obvious variants; and (3) either not be capable of use together or have a materially different design, mode of operation, function, or effect.
The Office Has Not Established a Serious Search Burden.
On page 10 of Applicant’s remarks, Applicant argues that the Office merely listed reasons (a) through (e) in conclusory fashion without explaining why searching one group would not result in finding art pertinent to the others.
Examiner respectfully disagrees with Applicant because as indicated in the Requirement for Restriction/Election issued on 02/24/2026, Examiner provided reasons indicating the inventions of Group I, Group II, and Group II being distinct. Thus, the inventions as claimed must: (1) not overlap in scope, i.e., be mutually exclusive; (2) not be obvious variants; and (3) either not be capable of use together or have a materially different design, mode of operation, function, or effect.
As a result, Applicant arguments are not deemed persuasive, and the requirement is still deemed proper and is therefore made FINAL.
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 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.
Claims 9-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Osterkamp et al. (Osterkamp – US 11,416,844 B1) in view of Hou et al. (Hou – US 2009/0102120 A1), and Zabakas et al. (Zabakas – US 2017/0154328 A1).
As to claim 9, Osterkamp discloses a radio-frequency identification (RFID) tag comprising:
an antenna configured to receive a radio-frequency (RF) input signal (Osterkamp: Abstract, column 6 lines 41 – column8 lines 17, and FIG. 2 the antenna 250: a module to collect DC power from the incident reader signal or a local battery source; and an antenna for receiving and transmitting the signal);
a power circuit configured to generate power based on the received RF input signal (Osterkamp: Abstract, column 6 lines 41 – column8 lines 17, and FIG. 2 RFID tag 230: The RFID module 220 may include passive or active RFID tags. A passive tag may collect energy from a nearby RFID reader's interrogating radio waves. In contrast, an active tag may have a local power source (e.g., battery). When the smart card 200 is enabled with a passive tag, the smart card 200 may not include a power source and the RFID module 220 may be activated or may draw its power from an RFID receiver, for example, RFID receiver installed onto an electronic user devices or a POS terminal. Accordingly, when the smart card 200 is enabled with an active RFID tag, the smart card 200 may also include a local battery source or an integrated circuit providing the RFID module 220 with the needed power to broadcast its unique identifiers. The smart card 200 may have active and/or passive RFID tags. Therefore, the methods, systems, and embodiments described herein generically refer to passive and active RFID tags as tags and/or RFID tags or RFID module);
a controller (Osterkamp: Abstract, column 6 lines 41 – column8 lines 17, and FIG. 2 RFID chip 240: When the smart card 200 is enabled with a passive tag, the smart card 200 may not include a power source and the RFID module 220 may be activated or may draw its power from an RFID receiver, for example, RFID receiver installed onto an electronic user devices or a POS terminal) configured to:
receive the power generated by the power circuit (Osterkamp: Abstract, column 6 lines 41 – column8 lines 17, and FIG. 2 RFID chip 240: When the smart card 200 is enabled with a passive tag, the smart card 200 may not include a power source and the RFID module 220 may be activated or may draw its power from an RFID receiver, for example, RFID receiver installed onto an electronic user devices or a POS terminal);
cause output, via the antenna, of a first RF output signal (Osterkamp: Abstract, column 6 lines 41 – column8 lines 17, and FIG. 2 RFID chip 240: The RFID module 220 may include an RFID chip or transmitter and antennas that broadcast RFID identifiers to announce its location to a corresponding RFID receiver. The RFID module 220 may use electromagnetic fields to automatically identify and track tags attached to objects. The RFID identifiers may contain electronically stored information that is unique to the smart card 200. For instance, an RFID identifier broadcasted by the RFID module 220 may have a number (or an alphanumerical string) that is unique to the smart card 200).
Osterkamp does not explicitly disclose one or more orientation sensors configured to detect at least a first orientation of the RFID tag;
a memory storing first data corresponding to the first orientation of the RFID tag and second data corresponding to the second orientation of the RFID tag; and
determine whether the RFID tag is oriented in the first orientation or the second orientation;
select between the first data and the second data based on the determined orientation of the RFID tag;
cause output, via the antenna, of a first RF output signal based on the first data when the determined orientation corresponds to the first orientation of the RFID tag, wherein the first data comprises valid data and the first RF output signal is configured to authorize a transaction; and
cause output, via the antenna, of a second RF output signal based on the second data when the determined orientation corresponds to any orientation of the RFID tag other than the first orientation, wherein the second data comprises false data and the second RF output signal is configured to prevent authorization of the transaction.
However, it has been known in the art of radio communication device to implement one or more orientation sensors configured to detect at least a first orientation of the RFID tag;
a memory storing first data corresponding to the first orientation of the RFID tag and second data corresponding to the second orientation of the RFID tag; and
determine whether the RFID tag is oriented in the first orientation or the second orientation;
select between the first data and the second data based on the determined orientation of the RFID tag;
cause output, via the antenna, of a first RF output signal based on the first data when the determined orientation corresponds to the first orientation of the RFID tag, and
cause output, via the antenna, of a second RF output signal based on the second data when the determined orientation corresponds to any orientation of the RFID tag other than the first orientation, as suggested by Hou, which discloses
one or more orientation sensors configured to detect at least a first orientation of the RFID tag (Hou: Abstract, [0007], [0019]-[0021], [0025]-[0026], [0029]-[0032], and FIG. 1-3 the identification data 331-334: The memory 33 has a plurality of identification data 331.about.334 stored thereon, and the identification data 331.about.334 are in a one-to-one correspondence to the antennas 311.about.314);
a memory storing first data corresponding to the first orientation of the RFID tag and second data corresponding to the second orientation of the RFID tag (Hou: Abstract, [0007], [0019]-[0021], [0025]-[0026], [0029]-[0032], and FIG. 1-3 the identification data 331-334: When a particular one of the antennas receives an RF signal from a reader of the RFID system, the RFID tag is able to send out an identification data corresponding to that antenna receiving the RF signal, enabling a processor of the RFID system to determine the position and orientation of the RFID tag based on the identification data read by the reader); and
a controller (Hou: FIG. 2 the control circuit 25) configured to:
determine whether the RFID tag is oriented in the first orientation or the second orientation (Hou: [0006], [0023]-[0024], [0027]-[0029], [0031], and FIG. 1-3: The read identification data is then output to the modulation circuit 36. For instance, when the antenna 311 receives an RF signal, the control circuit 35 reads the identification data 331; or, when the antenna 312 receives an RF signal, the control circuit 35 will read the identification data 332. Thereafter, the modulation circuit 36 modulates the identification data to generate a modulation signal, which is wirelessly sent out via the antennas 311.about.314. Preferably, the modulation signal is sent out via the antenna that is corresponding to the identification data);
select between the first data and the second data based on the determined orientation of the RFID tag (Hou: [0006], [0023]-[0024], [0027]-[0029], [0031], and FIG. 1-3: The read identification data is then output to the modulation circuit 36. For instance, when the antenna 311 receives an RF signal, the control circuit 35 reads the identification data 331; or, when the antenna 312 receives an RF signal, the control circuit 35 will read the identification data 332. Thereafter, the modulation circuit 36 modulates the identification data to generate a modulation signal, which is wirelessly sent out via the antennas 311.about.314. Preferably, the modulation signal is sent out via the antenna that is corresponding to the identification data);
cause output, via the antenna, of a first RF output signal based on the first data when the determined orientation corresponds to the first orientation of the RFID tag (Hou: [0006], [0023]-[0024], [0027]-[0029], [0031], and FIG. 1-3: The read identification data is then output to the modulation circuit 36. For instance, when the antenna 311 receives an RF signal, the control circuit 35 reads the identification data 331; or, when the antenna 312 receives an RF signal, the control circuit 35 will read the identification data 332. Thereafter, the modulation circuit 36 modulates the identification data to generate a modulation signal, which is wirelessly sent out via the antennas 311.about.314. Preferably, the modulation signal is sent out via the antenna that is corresponding to the identification data), and
cause output, via the antenna, of a second RF output signal based on the second data when the determined orientation corresponds to any orientation of the RFID tag other than the first orientation (Hou: Abstract, [0007], [0019]-[0021], [0025]-[0026], [0029]-[0032], and FIG. 1-3 the identification data 331-334: The memory 33 has a plurality of identification data 331.about.334 stored thereon, and the identification data 331.about.334 are in a one-to-one correspondence to the antennas 311.about.314).
Therefore, in view of teachings by Osterkamp and Hou it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the RFID communication system of Osterkamp to include one or more orientation sensors configured to detect at least a first orientation of the RFID tag;
a memory storing first data corresponding to the first orientation of the RFID tag and second data corresponding to the second orientation of the RFID tag; and
determine whether the RFID tag is oriented in the first orientation or the second orientation;
select between the first data and the second data based on the determined orientation of the RFID tag;
cause output, via the antenna, of a first RF output signal based on the first data when the determined orientation corresponds to the first orientation of the RFID tag, and
cause output, via the antenna, of a second RF output signal based on the second data when the determined orientation corresponds to any orientation of the RFID tag other than the first orientation, as suggested by Hou. The motivation for this is to determine an appropriate response based on orientation sensing information of a tag.
The combination of Osterkamp and Hou does not explicitly disclose wherein the first data comprises valid data and the first RF output signal is configured to authorize a transaction; and wherein the second data comprises false data and the second RF output signal is configured to prevent authorization of the transaction.
However, it has been known in the art of wireless devices to implement wherein the first data comprises valid data and the first RF output signal is configured to authorize a transaction; and wherein the second data comprises false data and the second RF output signal is configured to prevent authorization of the transaction, as suggested Zabakas, which discloses wherein the first data comprises valid data and the first RF output signal is configured to authorize a transaction (Zabakas: [0016], [0018]-[0020], [0066], [0078], [0118]-[0119], [0211]-[0214], FIG. 2, FIG. 7, and FIG. 19-20: microcontroller 224 may perform gesture recognition to determine if EMV™ chip 212 and/or a dynamic transaction card 200's magnetic stripe should be activated to activate the dynamic transaction card for usage. Microcontroller may utilize software including gesture recognition algorithms, which may include a pattern matching algorithm that will compare the card user performed gesture to the pre-recording of the predetermined gesture which may be saved on EMV™ chip 122 or backend 318 system); and wherein the second data comprises false data and the second RF output signal is configured to prevent authorization of the transaction (Zabakas: [0016], [0018]-[0020], [0066], [0078], [0118]-[0119], [0211]-[0214], FIG. 2, FIG. 7, and FIG. 19-20: if a match is not determined, a user may take a corrective action to perform another gesture to be processed as illustrated in blocks 1908-1910 to attempt to authorize the card user and dynamic transaction card).
Therefore, in view of teachings by Osterkamp, Hou, and Zabakas, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the RFID communication system of Osterkamp and Hou to include wherein the first data comprises valid data and the first RF output signal is configured to authorize a transaction; and wherein the second data comprises false data and the second RF output signal is configured to prevent authorization of the transaction, as suggested by Zabakas. The motivation for this is to perform an authorization of a card based on orientation information of the card.
As to claim 10, Osterkamp, Hou, and Zabakas disclose the limitations of claim 9 further comprising the RFID tag of claim 9, wherein the first RF output signal is further configured to indicate an emergency alert (Zabakas: Abstract, [0047]-[0048], [0058], [0206]-[0210], FIG. 2 and FIG. 7: a dynamic transaction card and systems and methods for using a dynamic transaction card are provided. Such embodiments may include, for example, a transaction card including various components to facilitate the notifications, alerts, and/or other output on a dynamic transaction card to an account holder associated with the dynamic transaction card. Notifications, alerts, and output may be provided in the form of LED lights and/or colors, LED lighting patterns, dot matrix displays, and/or the like, which as situated on and/or within a dynamic transaction card. Interactive elements of a dynamic transaction card may be activated, triggered, and/or made available via an input component on the dynamic transaction card).
As to claim 11, Osterkamp, Hou, and Zabakas disclose the limitations of claim 10 further comprising the RFID tag of claim 10, wherein the second RF output signal is further configured to cause an RFID tag reader to communicate with an emergency response system (Osterkamp: Abstract, column 5 lines 55 – column 6 lines 9, column 9 lines 25 – column 10 lines 49, column 11 lines 29-40, and FIG. 1: the POS terminal 140 may acquire payment information (e.g., unique payment number or credit card number) of a user and transmit the payment information along with an authorization request to a server, such as the analytics server 110 or the payment facilitation server 120. The payment facilitation server 120 may then retrieve user's payment information using the payment information received from the POS terminal 140 and authorize (or deny) payment to the user. The smart card 150 may be any payment card that is enabled with an RFID module (e.g., chip) or any other location-tracking device. An example of the smart card 150 is depicted in FIG. 2).
As to claim 12, Osterkamp, Hou, and Zabakas disclose the limitations of claim 9 further comprising the RFID tag of claim 9, wherein the RFID tag comprises a passive RFID tag (Osterkamp: Abstract, column 6 lines 41 – column8 lines 17, and FIG. 2 RFID tag 230: The RFID module 220 may include passive or active RFID tags. A passive tag may collect energy from a nearby RFID reader's interrogating radio waves. In contrast, an active tag may have a local power source (e.g., battery). When the smart card 200 is enabled with a passive tag, the smart card 200 may not include a power source and the RFID module 220 may be activated or may draw its power from an RFID receiver, for example, RFID receiver installed onto an electronic user devices or a POS terminal. Accordingly, when the smart card 200 is enabled with an active RFID tag, the smart card 200 may also include a local battery source or an integrated circuit providing the RFID module 220 with the needed power to broadcast its unique identifiers. The smart card 200 may have active and/or passive RFID tags. Therefore, the methods, systems, and embodiments described herein generically refer to passive and active RFID tags as tags and/or RFID tags or RFID module, Hou: Abstract, [0019], [0028]-[0036], and FIG. 1-3: the RFID system 4 comprises at least one RFID tag 49, a reader 40, and a processor 44. The RFID tag 49 has a plurality of antennas. When a particular one of the antennas receives an RF signal, the RFID tag 49 would wirelessly send out a specific identification data corresponding to that antenna. The RFID tag 49 can be any of the RFID tags shown in FIGS. 1, 2 and 3, and is not repeatedly described in detail herein, and Zabakas: [0012]-[0013], [0058], [0073], [0078]-[0079], [0091], FIG. 1, and FIG. 7).
As to claim 14, Osterkamp, Hou, and Zabakas disclose the limitations of claim 9 further comprising the RFID tag of claim 9, wherein the first RF output signal indicates a unique identification (ID) code (Osterkamp: Abstract, column 6 lines 41 – column8 lines 17, and FIG. 2 RFID chip 240: The RFID module 220 may include an RFID chip or transmitter and antennas that broadcast RFID identifiers to announce its location to a corresponding RFID receiver. The RFID module 220 may use electromagnetic fields to automatically identify and track tags attached to objects. The RFID identifiers may contain electronically stored information that is unique to the smart card 200. For instance, an RFID identifier broadcasted by the RFID module 220 may have a number (or an alphanumerical string) that is unique to the smart card 200).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Osterkamp et al. (Osterkamp – US 11,416,844 B1) in view of Hou et al. (Hou – US 2009/0102120 A1), and Zabakas et al. (Zabakas – US 2017/0154328 A1) and further in view of Schuck (Schuck – US 9,761,078 B1).
As to claim 13, Osterkamp, Hou, and Zabakas disclose the limitations of claim 9 except for the claimed limitations of the RFID tag of claim 9, wherein the one or more orientation sensors comprise a tilt switch.
However, it has been known in the art of radio communication device to implement wherein the one or more orientation sensors comprise a tilt switch, as suggested by Schuck, which discloses wherein the one or more orientation sensors comprise a tilt switch (Schuck: Abstract, column 2 lines 44-column 3 lines 21, column 6 lines 17-44, column 8 lines 31-37, FIG. 3-4, and FIG. 7-8: One is attached to one side of said gap, the other wire to the other side of the gap. When the tilt switch is tilted the gap is closed so the modified RFID tag can be energized and information on the modified RFID tag can be collected by an RFID antenna which is connected to an RFID tag reader. The modified RFID tag information is read by the RFID tag reader).
Therefore, in view of teachings by Osterkamp, Hou, Zabakas, and Schuck, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the RFID communication system of Osterkamp, Hou, and Zabakas to include wherein the one or more orientation sensors comprise a tilt switch, as suggested by Schuck. The motivation for this is to obtain sensing information of a tag.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Osterkamp et al. (Osterkamp – US 11,416,844 B1) in view of Hou et al. (Hou – US 2009/0102120 A1), and Zabakas et al. (Zabakas – US 2017/0154328 A1) and further in view of Jablonski et al. (Jablonski – US 2020/0372315 A1).
As to claim 15, Osterkamp, Hou, and Zabakas disclose the limitations of claim 9 further comprising the RFID tag of claim 9, wherein the one or more orientation sensors are configured to detect an orientation (Zabakas: [0018], [0047], [0118], [0122], [0162], [0168], FIG. 2, and FIG. 7: if the card lights up three times, the predetermined gesture may require a user to tap three times. EMV™ chip 212 and/or a dynamic transaction card 200's magnetic stripe may also be activated via an accelerometer, motion sensor, or gyroscope that detects the motion and changes in orientation of dynamic transaction card 200, where a user is required to perform a predetermined gesture such as rotating the card 90 degrees clockwise or rotating the card 180 degrees counterclockwise) except for the claimed limitations of the one or more orientation sensors are configured to detect an orientation comprising rotations about three axes.
However, it has been known in the art of radio communication device to implement the one or more orientation sensors are configured to detect an orientation comprising rotations about three axes, as suggested by Jablonski, which discloses the one or more orientation sensors are configured to detect an orientation comprising rotations about three axes (Jablonski: Abstract, [0052], [0071]-0075], [0079]-[0080], [0088], and FIG. 2: In some embodiments, any one or more of the inertial sensor(s) can be a multi-axis accelerometer that can measure acceleration or inertial force along a plurality of axes. Other embodiments may employ single-axis accelerometers or a combination of single- and multi-axis accelerometers. Other types of sensors can be used, including other accelerometers, gyroscope sensors, and/or other inertial sensors that are known or that may become known in the art).
Therefore, in view of teachings by Osterkamp, Hou, Zabakas, and Jablonski, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the RFID communication system of Osterkamp, Hou, and Zabakas to include the one or more orientation sensors are configured to detect an orientation comprising rotations about three axes, as suggested by Jablonski. The motivation for this is to implement a known alterative sensor for detecting orientation information of a device.
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Colussi et al., US 2017/0323166 A1, discloses smartcard and method for controlling a smartcard.
Akhtar et al., US 2019/0066093 A1, discloses system and method for transmitting payment card information and payment card.
Baker et al., US 11,887,116 B1, discloses orientation sensor-enabled authentication.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG PHAM whose telephone number is (571)-270-3668. The examiner can normally be reached 09:00 AM - 05:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, QUAN-ZHEN WANG can be reached at (571)-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUANG PHAM/Primary Examiner, Art Unit 2685
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