BIOMETRIC EXIT WITH AN ASSET

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 . Prosecution Status Applicant’s amendments dated 7/7/2026 have been received and reviewed. The status of the claims is as follows: Claims 1-20 are pending. Specification Amendments to the Title of the Invention are acknowledged. The new title is acceptable. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 1. Claims 1-8, 10, 12, 14-18, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 12, 14-18, 20 of U.S. Patent No. 12/087,114. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are anticipated by the claims of the patent, as follows. Claim 1 of the patent anticipates present claims 1 and 10. Claim 2 of the patent anticipates present claim 2. Claim 3 of the patent anticipates present claim 3. Claim 4 of the patent anticipates present claim 4. Claim 5 of the patent anticipates present claim 5. Claim 6 of the patent anticipates present claim 6. Claim 7 of the patent anticipates present claim 7. Claim 8 of the patent anticipates present claim 8. Claim 12 of the patent anticipates present claim 12. Claim 14 of the patent anticipates present claim 14. Claim 15 of the patent anticipates present claim 15. Claim 16 of the patent anticipates present claim 16. Claim 17 of the patent anticipates present claim 17. Claim 18 of the patent anticipates present claim 18. Claim 20 of the patent anticipates present claim 20. 2. Claims 1-4, 10, 12, 14-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7, 9, 11, 12, and 14 of U.S. Patent No. 11/594,087. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are anticipated by the claims of the patent, as follows. Claim 7 of the patent anticipates present claims 1-4, 10, and 16. Claim 9 of the patent anticipates present claim 12. Claim 11 of the patent anticipates present claim 14. Claim 12 of the patent anticipates present claim 15. Claim 14 of the patent anticipates present claim 17. 3. Claims 1-4, 6-7, 10, 12, 15-18, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 9, 12, 14, and 17-19 of U.S. Patent No. 11/295,566. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are anticipated by the claims of the patent, as follows. Claim 1 of the patent anticipates present claims 1-4, 10, 16. Claim 6 of the patent anticipates present claim 6. Claim 9 of the patent anticipates present claim 9. Claim 12 of the patent anticipates present claim 15. Claim 14 of the patent anticipates present claim 17. Claim 17 of the patent anticipates present claim 18. Claim 18 of the patent anticipates present claim 7. Claim 19 of the patent anticipates present claim 20. Response to Arguments Applicant’s arguments with respect to the 35 USC 101 rejections have been fully considered, and are persuasive in light of the present amendments. Accordingly, the rejection has been withdrawn. Applicant’s remarks with respect to the Double Patenting rejection are acknowledged. The Examiner notes, however, that no Terminal Disclaimer is present in the application file. Accordingly, the Double Patenting rejections are maintained. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A MISIASZEK whose telephone number is (571)272-6961. The examiner can normally be reached Monday-Thursday. 8:00 AM - 5:30 PM. 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, Marissa Thein can be reached at 571-272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL MISIASZEK/Primary Examiner, Art Unit 3688