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
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “first/second capture device adapted to capture biometric information,” recited in claim 1; “second capture device adapted to publish …,” recited in claims 2-3; “verification system is adapted to: receive/transmit/determine,” recited in claim 4; “capture device adapted to capture/retrieve/publish ..,” recited in claims 17 and 19.” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-6, 11-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Prooijen (US 2020/0259825) in view of Zhou (US 2021/0383377)
Regarding Claim 1,
Van Prooijen (US 2020/0259825) teaches a system for creating and storing a digital identity associated with an individual having limited information publication comprising:
a first capture device adapted to capture biometric information, alpha numeric information and graphical information (Fig. 5 and associated text teaches biometric capture, Paragraph [0053] teaches capturing passwords, Fig. 3, and associated text teaches graphical information);
a generation server adapted to generate the VDT from an individual envoy representing a digital representation of an individual data captured from the first capture device and wherein the VDT is verified from a verification system (Paragraph [0058] teaches reference template and identity document are stored together on the IDS);
a second capture device adapted to capture a biometric information, retrieve the VDT according to the biometric information (Paragraph [0059] and Fig. 6 teaches a second capture device, to take a selfie or a fingerprint and retrieve the template stored in memory)(Paragraph [0054-0056] teaches personalization and authentication data is retrieved)
Van Prooijen (US 2020/0259825) does not explicitly teach an identity recording system in communications an immutable storage system;
Zhou (US 2021/0383377) teaches an identity recording system in communications an immutable storage system (Fig. 1 and associated text teaches identity system in communication with blockchain network 150)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van Prooijen with the method of the identity system in communication with the blockchain network and publish credential data included in the VDT as taught in Zhou and the results would be predictable (i.e. the identity system in Van Prooijen would communicate with decentralized storage and publish credential data)
Regarding Claim 2,
Van Prooijen and Zhou teaches the system of claim 1. Van Prooijen teaches the second capture device. Zhou teaches publish an age of the individual associated with the VDT according to the VDT (Paragraph [0068] teaches revealing age for identity verification).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van Prooijen with the publishing of the predetermined age as taught by Zhou
The motivation is to retrieve specific user data to address privacy concerns (Paragraph [0068] of Zhou)
Regarding Claim 3,
Van Prooijen and Zhou teaches the system of claim 1. Van Prooijen teaches the second capture device. Zhou teaches publish an affirmation that the individual is of a predetermined age according to the VDT wherein an age of individual is associated with the VDT (Paragraph [0073] teaches “over 21 years of age”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van Prooijen with the affirmation of the predetermined age as taught by Zhou
The motivation is to retrieve specific user data to address privacy concerns (Paragraph [0068] of Zhou)
Regarding Claim 4,
Van Prooijen and Zhou teaches the system of claim 1. Van Prooijen teaches wherein the verification system is adapted to: receive a first biometric information from the first capture device, receive a digital envoy from the first capture device, transmit the first biometric information and the digital envoy to the verification system, and determine that the VDT is verified (Paragraph [0058] teaches reference template and identity document are stored together on the IDS)(Paragraph [0021] teaches in the registering stage, registration can only be completed if the verification on the IDS results in a positive comparison status).
Regarding Claim 5,
Van Prooijen and Zhou teaches the system of claim 1. Van Prooijen teaches wherein the VDT is generated according to an organizational envoy representing a digital representation of an organization associated with the individual (Paragraph [0052] teaches the IDS may be operated by the company or organization that has issued the identity document).
Regarding Claim 6,
Van Prooijen and Zhou teaches the system of claim 1. Van Prooijen teaches including an indexing server adapted to store a relationship between an individual digital representation and an organization representation (Paragraph [0059] teaches storing a relationship between the issuing organization and the individual).
Regarding Claim 11,
Van Prooijen and Zhou teaches the system of claim 1. Zhou teaches wherein the digital envoy is stored in a digital wallet associated with the individual (Paragraph [0146] and Fig. 28 teaches wallet management system stores the digital identity of the user).
The motivation is the same as claim 1 above.
Regarding Claims 12-13,
Van Prooijen and Zhou teaches the system of claim 1. Van Prooijen teaches wherein the credential data is represented by a binary response, wherein the credential data is represented by a binary response such as PASS and FAIL (Fig. 12, especially step 54 teaches match, yes or no)
Regarding Claim 14,
Van Prooijen and Zhou teaches the system of claim 1. Van Prooijen teaches wherein the VDT is taken from the group consisting of a computer readable code (Paragraph [0053] teaches similar code), an alpha numeric code (Paragraph [0053] teaches password), a bar code (Paragraph [0054] teaches barcode), a quick response code (Paragraph [0053] teaches qr code)
Van Prooijen does not explicitly teach any combination of the above computer readable codes
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include any combination of the computer readable codes
and the results would be predictable (i.e. any combination of the codes could be used)
Regarding Claim 15,
Van Prooijen and Zhou teaches the system of claim 1 the system of claim 1. Van Prooijen teaches a relationship between the individual and an organization (Paragraph [0059] teaches storing a relationship between the issuing organization and the individual). Zhou teaches storage on the immutable storage system with the VDT. But the combined references do not explicitly teach storing the relationship on the immutable storage system with the VDT
It would have been obvious to one of ordinary skill to one of ordinary skill in the art before the effective filing date of the invention to modify Van Prooijen to store the relationship and the VDT on the immutable storage system of Zhou and the results would be predictable (i.e. the relationship would be stored on the immutable storage system)
Regarding Claim 16,
Van Prooijen and Zhou teaches the system of claim 1 the system of claim 1. Van Prooijen teaches the system of claim 1 wherein the VDT includes information about authorization and authorized uses (Paragraph [0007] teaches authorization of a user to access a server or to receive e-service).
Regarding Claims 17-18,
Claims 17-18 are similar in scope to Claims 1-2 and are rejected for a similar rationale.
Regarding Claims 19-21,
Claims 19-21 are similar in scope to Claims 1, 3, 13 and are rejected for a similar rationale.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Prooijen (US 2020/0259825) in view of Zhou (US 2021/0383377) in further view of Kupper (US 2015/0288668)
Regarding Claim 7,
Van Prooijen and Zhou teaches the system of claim 1. Van Prooijen teaches the system of claim 1 wherein the verification system is taken from the group consisting of a government verification system (Paragraph [0027] teaches “government server”), an organization verification system (Paragraph [0052] teaches IDS is operated by an “organization”), an in-person verification system (Paragraph [0052] teaches a passport issuer or driver’s license, which is done in person), an aggregate of one or more events (Paragraph [0070] teaches one or more verification events)
Van Prooijen and Zhou does not explicitly teach
a witness verification system, a self-verification system,
Kupper (US 2015/0288668) teaches a witness verification system (Paragraph [0344] teaches witness identity verification), a self-verification system (Paragraph [0340] and Fig. 9, 2260, teaches individual consent code),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van Prooijen and Zhou to include the well known verification systems of Kupper and the results would be predictable (i.e. the verification systems group would include witness verification and self-verification)
Van Prooijen, Zhou and Kupper still do not teach any combination of the group
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include any combination of the group of verification systems and the results would be predictable (i.e. any combination of the verification systems could be used)
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Prooijen (US 2020/0259825) in view of Zhou (US 2021/0383377) in further view of Todd (US 2022/0070161)
Regarding Claim 8,
Van Prooijen and Zhou teaches the system of claim 1 but does not explicitly teach wherein the second capture device is an autonomous computing system.
Todd (US 2022/0070161) teaches wherein an autonomous computing system.
(Paragraph [0032-0033] teaches distributed autonomous computing systems may be identity provider and authentication systems)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the capture device in Van Prooijen to include an autonomous computing system and the results would be predictable (i.e. capture device would be autonomous computing systems)
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Prooijen (US 2020/0259825) in view of Zhou (US 2021/0383377) in further view of Rodriguez (US 2018/0176017)
Regarding Claims 9-10,
Van Prooijen and Zhou teaches the system of claim 1 but does not explicitly teach wherein the identity recording system is adapted to create a confident value associated with the digital identity record and according to the verification system, and wherein the identity recording system is adapted to create a confident value associated with the digital identity record and according to a comparison of a location, a time, an object, an event, and any combination thereof associated with the individual.
Rodriguez (US 2018/0176017) teaches wherein the identity recording system is adapted to create a confident value associated with the digital identity record and according to the verification system (Paragraph [0164, 210] teaches confidence value for the identity asserted), and wherein the identity recording system is adapted to create a confident value associated with the digital identity record and according to a comparison of a location, a time, an object, an event, and any combination thereof associated with the individual (Paragraph [0164, 210] teaches confidence may change with an object over time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Van Prooijen and Zhou with the confidence value of Rodriguez
The motivation is to associate overall confidence of validation (Paragraph [0164])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRIS C WANG whose telephone number is (571)270-1462. The examiner can normally be reached M-F 9:00-5:30.
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/HARRIS C WANG/Primary Examiner, Art Unit 2439