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 .
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.
Claim 4 is 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.
As to claim 4, there is no “and” or “or” separating the elements of this claim. It will be understood for purposes of examination as an “or.”
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5 and 7-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 7,048,687 B1 to Reuss et al. (“Reuss”) in view of US 2019/0364111 A1 to Sloan et al. (“Sloan”).
As to claim 1, Reuss discloses a method of managing biometric information measured by a biometric information measuring device in a user terminal, the method comprising:
receiving, by the user terminal, registered sensor usage information stored in a sensor module of the biometric information measuring device (see col 9, ln 28-48 and col 10, ln 30-41);
initially registering the sensor module, by the user terminal, based on a validity of use of the sensor module according to the registered sensor usage information (see col 10, ln 65-col 11, ln 20),
receiving, by the user terminal, a measurement message including the biometric information measured from the biometric information measuring device when the initially registering the sensor module is completed (see col 15, ln 1-17); and
storing, by the user terminal, the biometric information based on the measurement message and the registered user information in the user terminal (col 15, ln 34-43).
Reuss fails to disclose
wherein the initially registering the sensor module includes:
transmitting, by the user terminal, registered user information of the user terminal to the biometric information measuring device if the sensor module has the validity of use, and
controlling, by the user terminal, the biometric information measuring device to store the transmitted registered user information in the sensor module.
However, in a related device, Sloan discloses wherein initially registering the sensor module includes:
transmitting, by the user terminal, registered user information of the user terminal to the biometric information measuring device if the sensor module has the validity of use (see [0046] – “Upon powering up sensor control device 102, the user would enter the string of characters chosen (to act as the access token) into the activating reader device 120 (e.g., using any of the reader's user interface features). That chosen access token can then be hashed, stored within smartphone 120, and sent to sensor control device 102, which can store the token to an onboard writable memory (e.g., memory 253 described with respect to FIG. 6C).”), and
controlling, by the user terminal, the biometric information measuring device to store the transmitted registered user information in the sensor module (see [0046], especially preceding text).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to one of ordinary skill in the art to combine the registration of a sensor module based on a validity of use as taught by Reuss with the initial registration taught by Sloan in order to provide the predictable result that is increased functionality by allowing the biometric information measuring device
As to claim 2, Reuss further discloses wherein the registered sensor usage information is at least one of an identifier, a manufacturing date, and a production lot of the sensor module (see col 9, ln 28-48).
As to claim 3, Reuss further discloses wherein the validity of use of the sensor module is based on:
an expiration period of the sensor module according to the manufacturing date and/or identifier; and/or a defect list according to the production lot (see col 9, ln 28-48).
As to claim 4, Reuss further discloses wherein the initially registering the sensor module comprises:
receiving a the expiration period of the sensor module according to the identifier and/or the manufacturing date of the sensor module;
comparing the expiration period of the sensor module with a current date;
non-completing the initially registering the sensor module if the expiration period of the sensor module has expired,
completing the initially registering the sensor module if the expiration period of the sensor module has not expired (see col 13, ln 7-62).
As to claim 5, Reuss further discloses wherein the initially registering the sensor module comprises:
receiving a defect list according to the identifier and/or the manufacturing date of the sensor module;
comparing the identifier or the production lot of the sensor module with the defect list;
non-completing the initially registering the sensor module if the sensor module is defective; and
completing the initially registering the sensor module if the sensor module is not defective (see col 14, ln 24-38 – regulatory guidance limits are understood as including defect lists).
As to claim 7, Reuss further discloses wherein the initially registering the sensor module comprises:
receiving generated sensor usage information from the biometric information measuring device; and
storing the generated sensor usage information (see col 10, ln 4-16).
As to claim 8, Reuss further discloses wherein the generated sensor usage information includes at least one of a use-start time of the sensor module and an identifier of a transmitter of the biometric information measuring device (see col 10, ln 4-16 and col 15, ln 55-67).
As to claim 9, Reuss further discloses generating a warning message and providing the warning message to the user, if the sensor module has not the validity of use (see col 15, ln 64-67).
As to claim 10, Reuss further discloses wherein the generating a warning message and providing the warning message to the user comprises: storing information on an activation time of the warning message, an input time of a user confirmation command, and the identifier of the corresponding sensor module in the user terminal or transmitting to the management server, if the user confirmation command for the activated warning message is input (col 16, ln 38-65).
As to claim 11, Sloan further discloses wherein the storing, by the user terminal, the biometric information comprising: comparing user information included in the measurement message with the user information registered in the user terminal (see [0074] – “…smartphone 120 determines whether the user has entered a user ID for the sensor control device 102 and, if so…associates it with the user ID at 310”).
As to claim 12, Sloan further discloses wherein the storing, by the user terminal, the biometric information comprising: mapping the biometric information to user information registered in the user terminal and registering and storing the biometric information, if the user information included in the measurement message is searched for in the user information registered in the user terminal (see [0074]).
As to claim 13, Sloan further disclose wherein the storing, by the user terminal, the biometric information comprising: generating a user confirmation message, if the user information included in the measurement message is not searched for in the user information registered in the user terminal; and activating and outputting the user confirmation message to the user (see [0075]).
As to claim 14, Sloan further discloses wherein the storing, by the user terminal, the biometric information comprising: controlling not to store the biometric information (see [0075]).
As to claim 15, Reuss further discloses wherein providing a message related to the remaining use period of the sensor module to the user (see col 14, ln 53-54).
As to claim 16, Reuss further discloses wherein the providing a message related to the remaining use period of the sensor module comprising:
calculating a remaining use period in accordance with use-start time information and a usage period of the sensor module;
comparing the remaining use period and a set threshold; and
outputting the message related to the remaining use period to the user based on the comparison result (see Fig 3B, elements 56, 57, col 6, ln 9-24, and col 14, ln 53-54 – remaining time may be zero).
As to claim 17, Reuss further discloses wherein the calculating a remaining use period comprising:
calculating the remaining use period based on an actual usage period and the usage period of the sensor module, if a remaining use period confirmation command is input, wherein the actual usage period extending from the use-start time to a time at which the remaining use period confirmation command is input (col 6, ln 9-24).
As to claim 18, Reuss further discloses wherein the providing a message related to the remaining use period of the sensor module comprising:
generating a replacement notification message and activating and outputting the generated replacement notification message to the user, if the remaining use period is less than the set threshold (col 10, ln 42-56).
As to claim 19, Reuss further discloses wherein, the replacement notification message includes a replacement request for the sensor module and the remaining use period (col 10, ln 42-56 – the remaining time is shown and is zero).
As to claim 20, Reuss further discloses wherein the providing a message related to the remaining use period of the sensor module comprising:
generating a guide message including the remaining use period, activating the generated guide message, and
outputting the generated guide message to the user, if the remaining use period is more than the set threshold (col 10, ln 42-56).
Response to Arguments
Applicants’ arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric Messersmith whose telephone number is (571)270-7081. The examiner can normally be reached M-Tu, 8:30 am - 5 pm.
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/ERIC J MESSERSMITH/ Primary Examiner, Art Unit 3791
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