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 § 103
1. 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.
Claims 1-11,14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Silverbrook et al. US 20100232730 (hereinafter, "Silverbrook") in view of Kim US 20050063570.
Regarding claim 1, Silverbrook discloses a pen comprising a processor and memory (netpage pen 101 includes controller chip comprising processor 145 and memory 147in Fig.10, see para [0075], [0182]-[0185], [0423]) for electronically signing a digital document by authenticating handwriting of a user (pen for digital exchange of handwriting for online verification of signatures, wherein the verification includes signing online order forms [documents] for payment; para [0074], [0190], [0216], [0355]-[0358]), the pen further comprising: a motion sensor (pen includes accelerometers to sense motion; para [0014] and [0452]-[0455]); a biometric sensor (pen includes an integrated fingerprint sensor [biometric sensor]; para [0083] and [0356]); a communications interface (pen includes wireless communication interface; para [0075], [0095], [0182], [0191]; and a real-time clock (pen includes a real-time clock configured to synchronize with computing system and record absolute time; para [0442]-[0443]); wherein the memory stores instructions that when executed by the processor cause the processor to perform (memory and processor for executing application software; para [0426]) steps of: receiving a biometric signal of a user from the biometric sensor (pen obtains biometric data from using via fingerprint scanner; para [0083] and [0356]); comparing the biometric signal with stored biometric information and responsively generating a user authentication indicator when there is a biometric match between the biometric signal and the stored biometric information (biometric data received from a fingerprint scanner of the pen is used to match previously registered biometric data to authenticate the users identity, wherein the biometric data is used to generate a pen ID [authentication indicator]; para [0083] and [0356]-[0358]); receiving a motion signal, Indicative of a user handwriting, from the motion sensor (the pen strokes when writing by the user is captured by the accelerometer [motion sensor] to capture speed and position data [motion signal]; para [0190], [0209], [0452]-[0455]) and responsively validating a user handwriting pattern for written input and identifying in the written input a handwriting pattern for a user signature (the pen is configured to validate a user signature [handwriting pattern] by verifying the input signature with a registered and previously stored signature; para [0083], [0356]-[0358]); signature record includes the user authentication indicator, the user handwriting pattern, and a concurrent time generated by the real-time clock (the pen obtains input from user for verification including pen strokes [handwriting pattern], pen ID associated with biometric data [authentication indicator] and real-time clock data; para [0083], [0190], [0209], [0452]-|0455][0356]-[0358]); and communicating the signature record by the communications interface to an external application that attaches an electronic signature to said digital document (the biometric data, pen ID, motion data of users signature, real-time clock data [signature record] is communicated to a payment application [external application] for electronically signing order forms for payment processing; para [0083], [0190], [0209], [0452]-[0455][0356]-[0358]).
Silverbrook fails to explicitly disclose a pen comprising memory storing a signature record, wherein the signature record included a concurrent time and date, said electronic signature being legally binding in accordance with the specific regulations that the electronic signature was created upon. Kim teaches biometric pen for automated capture and authentication (para [0002]) and further teaches a pen comprising memory storing a signature record (pen includes micro-controller [memory] for storing user sensor data along with time stamp of collected user sensor data [signature record); para [0025]), wherein the signature record included a concurrent time and date (date and time of the user sensor data captured by the pen is collected and stored in micro-controller 108; para [0025]), said electronic signature being legally binding in accordance with the specific regulations that the electronic signature was created upon (the pen is used to authenticate electronic signatures for legally binding applications such as law enforcement, voter registration and driver license registration/verification; para [0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing dated of the claimed invention to modify the biometric pen of Silverbrook by storing desired user record including date and time, as suggested by Kim, in order to enhance data security by capturing a highly secure set of verification data for electronic signature authentication (para [0025], Kim).
Regarding claim 2, modified Silverbrook discloses the pen of claim 1, further comprising an ink reservoir and an ink depositing nib (pen can be configured to include marking black ink nib; para [0188]; FIG. 19( a) shows the quiescent position of the ink meniscus 316 prior to printing an ink droplet Ink is retained in the nozzle chamber by surface tension at the ink meniscus 316 and at the fluidic seal 305 formed between the nozzle chamber 304 and the ink channel rim 306, para [0177]).
Regarding claim 3, modified Silverbrook discloses the pen of claim 1, further comprising a camera (pen includes an image sensor; para [0430], and wherein the instructions further comprise receiving an image from the camera concurrently with the motion signal and wherein the signature record includes the image (the pen records image data when user is handwriting along with position data of the pen, wherein the position data is captured using accelerometers within the pen; para [0182] and [0452]-[0455]).
Regarding claim 4, modified Silverbrook discloses the pen of claim 1, wherein the motion sensor is an accelerometer (the position data is captured using accelerometers within the pen; para [0182] and [0452]-[0455]).
Regarding claim 5, modified Silverbrook discloses the pen of claim 1, wherein the biometric sensor is a fingerprint sensor (pen obtains biometric data from using via fingerprint scanner; para [0083] and [0356]).
Regarding claim 6, modified Silverbrook discloses the pen of claim 1, wherein the communications interface is a wireless interface (interface includes short-range wireless communication; para [0472]). Silverbrook fails to explicitly disclose communications interface is one of a wireless Bluetooth interface or a Universal Serial Bus (USB) interface (interface includes USB and short-range wireless communication). Kim teaches communications interface is one of a wireless Bluetooth interface or a Universal Serial Bus (USB) interface (pen includes a wireless transceiver that can be Bluetooth; para [0032]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication interface of Silverbrook by incorporating desired short range communication protocols such as Bluetooth, as suggested by Kim, in order to enhance system flexibility in interfacing with external applications (para [0052], Kim).
Regarding claim 7, modified Silverbrook discloses the pen of claim 1, further comprising encrypting the signature record by a symmetric or asymmetric key before communicating the signature record (the collected data is encrypted using asymmetric keys before transmission; para [0323]-[0325]).
Regarding claim 8, modified Silverbrook discloses the pen of claim 1, wherein the stored biometric information is biometric information of multiple users (the pen is configured for multiple users and able to verify and authentical a plurality of users with associated pen ID and biometric data; para [0082], [0293]-[0297], and [0399]) and wherein the match between the biometric signal and the stored biometric information identifies the user from among the multiple users (each user has a distinct profile and is configured to match collected biometric and motion data from among a plurality of users; para [0082], [0293]-[0297], and [0399]).
Regarding claim 9, modified Silverbrook discloses the pen of claim 1, further comprising a pressure sensing nib, and further comprising steps of receiving a pressure signal from the pressure sensing nib and correlating the pressure signal with the motion signal to determine the user handwriting pattern (the pen verifies a signature by collecting pressure and pen position data [motion signal], wherein the pen nib is configured with a force sensor [pressure sensor]; para [0184]-[0185], [0356]).
Regarding claim 10, modified Silverbrook discloses the pen of claim 1, wherein validating said user handwriting comprises comparing the user handwriting pattern with one or more stored handwriting patterns to determine the handwriting match (the pen is configured to validate a user’s signature [handwriting pattern] by verifying the input signature with a registered and previously stored signature; para [0083], [0356]-[0358]).
Regarding claim 11, modified Silverbrook discloses the pen of claim 1, further comprising holding pressure sensors for analyzing the pressure of the user's hand on said pen while holding the pen and while writing (the pen verifies a signature by collecting pressure and pen position data while user is holding and writing with the pen, wherein the pen nib is configured with a force sensor [pressure sensor]; para [0184]-[0185], [0356).
Regarding claim 14, modified Silverbrook discloses the pen of claim 1, further comprising steps of communicating the signature record when the user authentication indicator is generated (when the pen generates the stroke data from the user [authentication indicator], the pen communicates the captured data; para [0189]) and communicating an error message when no user authentication indicator is generated (when the pen is unable to capture the user pen stroke data, an error message is communicated; para [0189]).
Regarding claim 17, see the rejection of claim 1. It recites similar limitations as claim 17. Hence it is similarly analyzed and rejected.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Silverbrook et al. US 20100232730 (hereinafter, "Silverbrook") in view of Kim US 20050063570, further in view of Sanders et al. US 2006/0138228 (hereinafter. Sanders).
Regarding claim 15, Silverbrook discloses a system (system and method; para [0004] and [0356]-[0358]) for electronically signing a digital document by authenticating handwriting of a user (pen for digital exchange of handwriting for online verification of signatures, wherein the verification includes signing online order forms [documents] for payment; para [0074], [0190], [0216], [0355]-[0358]), comprising: a pen that comprises a motion sensor (pen includes accelerometers to sense motion; para [0014] and [0452]-[0455]). a biometric sensor (pen includes an integrated fingerprint sensor [biometric sensor]; para [0083] and [0356]), a communications interface (pen includes wireless communication interface; para [0075], [0095], [0182], [0191]), a real-time clock (pen includes a real-time clock configured to synchronize with computing system and record absolute time; para [0442]-[0443]), and a first processor having an associated first memory storing instructions that, when executed by the first processor cause the first processor to perform (memory and processor for executing application software; para [0426]) steps of: receiving a biometric signal of a user from the biometric sensor (pen obtains biometric data from using via fingerprint scanner; para [0083] and [0356]); comparing the biometric signal with stored biometric information and responsively generating a user authentication indicator when there is a biometric match between the biometric signal and the stored biometric information (biometric data received from a fingerprint scanner of the pen is used to match previously registered biometric data to authenticate the users identity, wherein the biometric data is used to generate a pen ID [authentication indicator]; para [0083] and [0356]-[0358]); receiving a motion signal, indicative of a user signature, from the motion sensor (the pen strokes when writing by the user is captured by the accelerometer [motion sensor] to capture speed and position data [motion signal]; para [0190], [0209], [0452]-[0455]) and responsively determining a user handwriting pattern (the pen is configured to validate a user’s signature [handwriting pattern] by verifying the input signature with a registered and previously stored signature; para [0083], [0356]-[0358]); signature record includes the user authentication indicator, the user handwriting pattern, and a concurrent time and date generated by the real-time clock (the pen obtains input from user for verification including pen strokes [handwriting pattern], pen ID associated with biometric data [authentication indicator] and real-time clock data; para [0083], [0190], [0209], [0452]-[0455][0356]-[0358]); and communicating the signature record by the communications interface to an external application; and the external application, configured to run on a second processor, external to the pen, to attach an electronic signature to said digital document (the biometric data, pen ID, motion data of users signature, real-time clock data [signature record] is communicated to a payment application server [external application running second processor] for electronically signing order forms for payment processing; para [0083], [0190], [0209], [0452]-[0455][0356]-[0358]). Silverbrook fails to explicitly disclose a pen comprising memory storing a signature record, wherein the signature record included a concurrent time and date and to display a form on a user interface viewed by the user. Kim teaches biometric pen for automated capture and authentication (para [0002]) and further teaches a pen comprising memory storing a signature record (pen includes micro-controller [memory] for storing user sensor data along with time stamp of collected user sensor data [signature record]; para [0025]), wherein the signature record included a concurrent time and date (date and time of the user sensor data captured by the pen is collected and stored in micro-controller 108; para [0025]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the biometric pen of Silverbrook by storing desired user record including date and time, as suggested by Kim, in order to enhance data security by capturing a highly secure set of verification data for electronic signature authentication (para [0025], Kim). Sanders teaches authenticating handwritten signatures (para [0001]-[0003]) and further teaches an external application displaying a form on a user interface viewed by the user (details of the electronically signed document are displayed for a user to view including the captured signature data; para [0041] and [0079]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the authenticating pen system of Silverbrook by displaying user captured data, as suggested by Sanders, in order to provide user feedback for reliably inputting an authentication signature (para [0079, Sanders).
Regarding claim 16, modified Silverbrook discloses the system of claim 14, wherein communicating the signature record comprises receiving a request for the signature record from the external application (the server associated with an external application such as a payment service sends a request for signature; para [0355]-[0358] and [0387]) and responsively communicating the signature record to the external application (he biometric data, pen ID, motion data of users signature, real-time clock data [signature record] is communicated to a payment application [external application] for electronically signing order forms for payment processing; para [0083], [0190], [0209], [0452]-[0455][0356]-[0358]). Silverbrook fails to explicitly disclose wherein the external application is configured to responsively display the user handwriting pattern of the signature record on the form. Sanders teaches authenticating handwritten signatures (para [0001]-[0003]) and further teaches wherein the external application is configured to responsively display the user handwriting pattern of the signature record on the form (details of the electronically signed document are displayed for a user to view including the captured signature data; para [0041] and [0079]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the authenticating pen system of Silverbrook by displaying user captured data, as suggested by Sanders, in order to provide user feedback for reliably inputting an authentication signature (para [0079, Sanders).
Allowable Subject Matter
2. Claims 12-13 are 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.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: the prior arts of Silverbrook et al. US 20100232730 (hereinafter, "Silverbrook") in view of Kim US 20050063570, further in view of Sanders et al. US 20060138228 (hereinafter. Sanders), failed to teach or suggest for features/limitations of claims 12-13.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
SPRIGG et al. US 20160078277 is cited because the reference teaches “In one example of authentication, when a comparison between the stored biometric sample and a captured biometric sample indicates a match, the captured biometric sample may be “authenticated.” in [00345].
Bechtel US 20080115981, is cited because the reference teaches “The finger guide and stylus may be used with a dynamic signature verification system to authenticate or identify the writer or to verify that the writer has signed his name”, see abstract.
Black US 20050180618, is cited because the reference teaches “[0021] In a first preferred embodiment of the identity verification process of the present invention, one-to-many biometric matching is used. This embodiment is particularly useful in controlled environments such as hotels, hospitals, and military bases, where the size of the community is limited”.
Contact Information
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/ALI BAYAT/ Primary Examiner, Art Unit 2677