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 .
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).
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Claims 1-5, 7-15, 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15, 19-20 of U.S. Patent No. 12,189,528. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to the same subject matter and recite similar claim limitations and thus are anticipated by the reference claims 1-15, 19-20 of the parent patent (‘528) as outlined below.
Instant claims Reference claims (‘528)
1. An identification station, comprising:
a non-transitory storage medium storing instructions; and
at least one processor that executes the instructions to:
obtain a digital representation of a biometric for a person;
compare the digital representation of the biometric to data in a local cache;
in response to determining that the digital representation of the biometric does not correspond to the data in the local cache:
store the digital representation of the biometric in the data in the local cache for a time window;
perform an identification by communicating the digital representation of the biometric to an identification system computing device; and
perform a determination of whether to allow the person access; and
in response to determining that the digital representation of the biometric does correspond to the data in the local cache, omit repeating the determination of whether to allow the person access.
1. An identification station that performs biometric caching, comprising: a non-transitory storage medium storing instructions; and a processor that executes the instructions to: obtain a digital representation of a biometric for a person; compare the digital representation of the biometric to data in a local cache; in response to determining that the digital representation of the biometric does not correspond to the data in the local cache, store the digital representation of the biometric in the data in the local cache for a time window; perform an identification by communicating the digital representation of the biometric that is stored in the data in the local cache to an identification system device to identify the person, the identification system device storing biometric data and associated identity information for multiple people; and performing a determination of whether to allow the person access; and in response to determining that the digital representation of the biometric does correspond to the data in the local cache, omit repeating the determination of whether to allow the person access.
2 The identification station of claim 1, wherein the at least one processor allows removal of the digital representation of the biometric from the data in the local cache after the time window.
2. The identification station of claim 1, wherein the processor removes the digital representation of the biometric from the data in the local cache after the time window.
3. The identification station of claim 1, further comprising a biometric reader device that captures the digital representation of the biometric.
3. The identification station of claim 1, further comprising a biometric reader device that passively captures the digital representation of the biometric.
4. The identification station of claim 1, wherein the biometric comprises at least a portion of a face.
4. The identification station of claim 1, wherein the biometric comprises at least a portion of a face.
5. The identification station of claim 1, wherein the at least one processor receives identity information for the person that is associated with the digital representation of the biometric in response to communicating the digital representation of the biometric to the identification system computing device.
5. The identification station of claim 1, wherein identifying the person further includes obtaining identity information for the person that is associated with the digital representation of the biometric.
6. The identification station of claim 5, wherein the identity information for the person that is associated with the digital representation of the biometric is obtained from the identification system device.
7. The identification station of claim 1, wherein the at least one processor stores an indication of the time window.
7. The identification station of claim 1, wherein the processor stores an indication of the time window in association with the digital representation of the biometric in the data in the local cache.
8. An identification station, comprising:
a non-transitory storage medium storing instructions; and
at least one processor that executes the instructions to:
obtain a digital representation of a biometric for a person;
in response to determining that the digital representation of the biometric does not correspond to data in a local cache:
determine a time window;
store the digital representation of the biometric in the data in the local cache for the time window;
use the digital representation of the biometric that is stored in the data in the local cache and an identification system computing device that stores biometric data and associated identity information for multiple people to perform an identification of the person; and
perform a processing of a payment; and
in response to determining that the digital representation of the biometric does correspond to the data in the local cache, omit repeating the processing of the payment.
8. An identification station that performs biometric caching, comprising: a non-transitory storage medium storing instructions; and a processor that executes the instructions to: obtain a digital representation of a biometric for a person; in response to determining that the digital representation of the biometric does not correspond to the data in the local cache: determine a time window; store the digital representation of the biometric in the data in the local cache for the time window; use the digital representation of the biometric that is stored in the data in the local cache and an identification system device that stores biometric data and associated identity information for multiple people to perform an identification of identify the person; and perform a processing of a payment; in response to determining that the digital representation of the biometric does correspond to the data in the local cache, omit repeating the processing of the payment.
9. The identification station of claim 8, wherein the processor extends the time window in response to determining that the digital representation of the biometric does correspond to the data in the local cache.
9. The identification station of claim 8, wherein: the digital representation of the biometric is a first digital representation of the biometric; and the processor extends the time window in response to determining that a second digital representation of the biometric is received that corresponds to the first digital representation of the biometric and the data in the local cache.
10. The identification station of claim 8, wherein the identification station determines the time window based at least on availability of a resource.
10. The identification station of claim 8, wherein the identification station determines the time window according to an availability of the identification system device.
11. The identification station of claim 8, wherein the processor determines the time window based at least on identity information associated with the person.
11. The identification station of claim 8, wherein the processor determines the time window using respective identity information associated with the person.
12. The identification station of claim 8, wherein the processor determines the time window based at least on a context of the identification station.
12. The identification station of claim 8, wherein the processor determines the time window according to a context of the identification station.
13. The identification station of claim 8, wherein the processor determines the time window based at least on a context of identifying the person.
13. The identification station of claim 8, wherein the processor determines the time window according to a context of identifying the person.
14. The identification station of claim 8, wherein the processor determines the time window based at least on a schedule entry.
14. The identification station of claim 8, wherein the processor determines the time window based on a schedule entry associated with the person.
15. A system for biometric caching, comprising:
an identification system computing device; and
an identification station that:
obtains a digital representation of a biometric for a person;
in response to determining that the digital representation of the biometric does not correspond to data in a local cache:
stores the digital representation of the biometric in the data in the local cache for a time window;
transmits the digital representation of the biometric to the identification system computing device; and
performs a check-in of the person for an appointment; and
in response to determining that the digital representation of the biometric does correspond to the data in the local cache, omit repeating the check-in of the person for the appointment.
15. A system for biometric caching, comprising: an identification system computer device; and an identification station that: obtains a digital representation of a biometric for a person; in response to determining that the digital representation of the biometric does not correspond to the data in a local cache: stores the digital representation of the biometric in the data in the local cache; transmits the digital representation of the biometric stored in the data in the local cache to the identification system device that stores biometric data and associated identity information for multiple people; receives an identification from the identification system device; receives an indication of a time window from the identification system device wherein the time window is how long the identification station will store the digital representation of the biometric in the data in the local cache; and perform a check-in of the person for an appointment; and in response to determining that the digital representation of the biometric does correspond to the data in the local cache, omit repeating the check-in of the person in for the appointment.
19. The system of claim 15, wherein the identification system computing device determines the time window is:
a first time window when the person is a first person; and
a second time window when the person is a second person.
19. The system of claim 15, wherein the identification system computer device determines the time window is: a first time window when the person is a first person; and a second time window when the person is a second person.
20. The system of claim 15, wherein the time window has no end for a set of people.
20. The system of claim 15, wherein the local cache indefinitely stores digital representations of biometrics for a set of people.
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 6 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.
Claim 6 which depends from independent claim 1 recites “the determination…”. However, claim 1 recites two ‘determining’ steps. This ambiguity renders the claim indefinite.
Claim Rejections - 35 USC § 102
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 1-7, 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wisniewski (US Pub. 20200211312 A1).
Wisniewski discloses the following limitations:
An identification station, comprising:
a non-transitory storage medium storing instructions; and
at least one processor that executes the instructions to (para. 6):
obtain a digital representation of a biometric for a person (para. 134);
compare the digital representation of the biometric to data in a local cache (para. 135);
in response to determining that the digital representation of the biometric does not correspond to the data in the local cache:
store the digital representation of the biometric in the data in the local cache for a time window (para. 139, 44);
perform an identification by communicating the digital representation of the biometric to an identification system computing device (para. 101); and
perform a determination of whether to allow the person access (para. 136); and
in response to determining that the digital representation of the biometric does correspond to the data in the local cache, omit repeating the determination of whether to allow the person access.(Fig. 14, para. 137, step 1405 is not repeated)
2. The identification station of claim 1, wherein the at least one processor allows removal of the digital representation of the biometric from the data in the local cache after the time window. (para. 118-119)
3. The identification station of claim 1, further comprising a biometric reader device that captures the digital representation of the biometric. (para. 43)
4. The identification station of claim 1, wherein the biometric comprises at least a portion of a face. (para. 43)
5. The identification station of claim 1, wherein the at least one processor receives identity information for the person that is associated with the digital representation of the biometric in response to communicating the digital representation of the biometric to the identification system computing device. (para. 139)
6. The identification station of claim 1, wherein the at least one processor performs the determination of whether to allow the person access based at least on information received in response to performing the identification. (para. 101)
7. The identification station of claim 1, wherein the at least one processor stores an indication of the time window. (para. 44)
15. A system for biometric caching, comprising:
an identification system computing device; and
an identification station that (Figs. 1 and 2):
obtains a digital representation of a biometric for a person (para. 134);
in response to determining that the digital representation of the biometric does not correspond to data in a local cache (para. 135):
stores the digital representation of the biometric in the data in the local cache for a time window (para. 139, 44);
transmits the digital representation of the biometric to the identification system computing device (para. 101); and
performs a check-in of the person for an appointment (para. 136, 44); and
in response to determining that the digital representation of the biometric does correspond to the data in the local cache, omit repeating the check-in of the person for the appointment. (Fig. 14, para. 137, step 1405 is not repeated)
16. The system of claim 15, wherein the identification system computing device receives an indication of the time window from the identification system computing device. (para. 44)
17. The system of claim 15, wherein the appointment is a medical appointment. (para. 44; note- a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.)
18. The system of claim 15, wherein the identification system computing device removes a portion of the data in the local cache corresponding to the digital representation of the biometric upon expiration of the time window. (para. 118-119)
19. The system of claim 15, wherein the identification system computing device determines the time window is: a first time window when the person is a first person; and a second time window when the person is a second person. (para. 44)
20. The system of claim 15, wherein the time window has no end for a set of people. (para. 108)
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.
Claims 8-9, 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wisniewski and further in view of Belavadi (US Pub. 20170308694 A1).
Regarding claim 8, Wisniewski discloses an identification station, comprising:
a non-transitory storage medium storing instructions; and
at least one processor that executes the instructions to (para. 6):
obtain a digital representation of a biometric for a person (para. 134;
in response to determining that the digital representation of the biometric does not correspond to data in a local cache (para. 139):
store the digital representation of the biometric in the data in the local cache for the time window (para. 139);
use the digital representation of the biometric that is stored in the data in the local cache and an identification system computing device that stores biometric data and associated identity information for multiple people to perform an identification of the person (para. 101; para. 47)
; and
perform a processing of a payment (para. 42); and
in response to determining that the digital representation of the biometric does correspond to the data in the local cache, omit repeating the processing of the payment. (Fig. 14, para. 137, step 1405 is not repeated; para. 115)
Although Wisniewski does teach determining a time window for storing the digital representation of the biometric in a local cache, it does not specifically teach that the determining a time window is in response to determining that the digital representation of the biometric does not correspond to data in a local cache. However, in the related art of using a local cache of biometric information for authentication, Belavadi teaches the determining a time window is in response to determining that the digital representation of the biometric does not correspond to data in a local cache (see paras. 27-29). Therefore, one of ordinary skill in the art as of the effective filing date of the claimed invention, would have found it obvious to use this teaching of Belavadi with the disclosure of Wisniewski as a known way of tracking and limiting the time which biometric information is stored in a local cache.
Regarding claim 9, Belavadi discloses in the identification station of claim 8, wherein the processor extends the time window in response to determining that the digital representation of the biometric does correspond to the data in the local cache. (para. 28)
Regarding claim 11, Wisniewski discloses in the identification station of claim 8, wherein the processor determines the time window based at least on identity information associated with the person. (para. 44)
Regarding claim 12, Wisniewski discloses in the identification station of claim 8, wherein the processor determines the time window based at least on a context of the identification station. (para. 44)
Regarding claim 13, Wisniewski discloses in the identification station of claim 8, wherein the processor determines the time window based at least on a context of identifying the person. (para. 44)
Regarding claim 14, Wisniewski discloses in the identification station of claim 8, wherein the processor determines the time window based at least on a schedule entry. (para. 44)
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Wisniewski and Belavadi as applied to claim 8 above, and further in view of Zheng (US Pub. 20130218956 A1).
Regarding claim 10, the combination of Wisniewski and Belavadi does not specifically discloses the identification station determines the time window according to an availability of a resource. However, in the related art of using cache data, Zheng teaches this concept of determining when to delete cache data based on the availability of a system/backup device (see para. 42, 52). Therefore, one of ordinary skill in the art as of the effective filing date of the claimed invention, would have found it obvious to use this teaching of Zheng with the disclosure of Belavadi as a known way of ensuring the local cache is only deleted only upon reconnecting to the identification system after the identification station has been in an offline status.
Conclusion
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/WILLIAM A CORUM JR/Primary Examiner, Art Unit 2433