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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/4/2026 has been entered.
Claim Rejections - 35 USC § 102
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 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.
Claims 14 and 17-18are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scatino et al (U.S. 10,916,955, as cited by Applicant).
As for Claim 14, Scatino discloses an identification assembly comprising:
an electronic authentication device configured to authenticate a user when inserted into a computing device (120 with cord 104 which connects to a computing device 150 which can may authenticate user)
;
a badge card (130); and
a holder (holder of Fig. 1) for engaging the electronic authentication device and the badge card, the holder comprising:
a first housing section (114) including a first interior surface, the first interior surface at least partially defining a first slot sized to receive the badge card therein, the first housing section further including a first projection (115) extending from the first interior surface, the first projection being positioned to contact the badge card when the badge card is received in the first slot for securing the badge card to the holder (see Figs. 1-2); and
a second housing (110) section coupled to the first housing section, the second housing section including a second interior surface that at least partially defines a second slot (116) sized to receive the electronic authentication device therein (see Figs. 1-2), the second housing section further including a second projection (118) extending from the second interior surface, the second projection being positioned to contact the electronic authentication device when the electronic authentication device is received in the second slot for securing the electronic authentication device to the holder (see Figs. 7-8).
17. The identification assembly of Claim 14, wherein the second projection includes a ledge (ledge of 118) extending inwardly of the second slot from the second interior surface, the ledge being positioned to contact a body of the electronic authentication device when the electronic authentication device is received within the second slot (see Figs. 7-8).
18. The identification assembly of Claim 14, wherein the second projection is shaped in correspondence with a recessed section defined in a body of the electronic authentication device (see Figs. 7-8).
Allowable Subject Matter
Claims 1-5, 7-13, and 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: It appears prior art fails to disclose of new recited amended language pf claims 1 and 20.
Claims 15-16, and 19 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 4/03/226 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Scatino does not describe or suggest a holder as recited in Claim 14, Examiner respectfully disagrees and discloses claimed limitation in rejection provided herein. Scatino discloses an electronic device (120 with cord 104 which connects to a computing device 150 which can authenticate user)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Butler et al. (U.S. 2007/0057004) discloses an analogous holder.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571)272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677
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