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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2-21 are non-provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of US Patent No.12,089,288. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of US Patent No. 12,089,288 encompasses the limitations of claims 2-21 of instant application. Moreover, omission of a reference element whose function is not needed would be obvious to one of ordinary skill in the art. It is well settled that the omission of an element and its functions is an obvious expedient if the remaining elements performs the same function as before In re Karison, 163 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 uspq 375 (Bd. App. 1969).
More specifically, the independent claims 2-21 of the present application are same scope, same function and same results as claims 1-20 of the US Patent No. 12,089,288. In addition, even though the claims of present application omitted or simply rearranged claimed structure, or added the limitation using similar claimed elements, the function and results of claimed invention of the US Patent No. 12,089,288 is same as claimed invention of the present application.
In addition, the independent claims 2, 13, and 21 of the present application is the same invention as the independent claims 1 and 12 of the US Patent No. 12,089,288. The subject matter in the instant application is fully disclosed in the US Patent No. 12,089,288 and is covered by the US Patent No. 12,089,288 since the US Patent No. 12,089,288 and the instant application are claiming common subject matter, as follows, and the difference of the limitations are wordings differently.
For example;
Instant Application
U.S. Patent No. 12,089,288, Application No. 18/189,942
2. A system for authenticating a user, comprising: a wearable device associated with the user, the wearable device comprising:
a wireless communication component;
one or more sensors configured to acquire biometric data from the user; and
one or more processors communicatively coupled with the wireless communication component and the one or more sensors, the one or more processors configured to: verify an identity of the user based at least in part on the biometric data; and
cause the wireless communication component, an additional wireless communication component associated with a smart device, or both, to output a signal comprising an identifier associated with the user in response to verifying the identity of the user; and
one or more additional processors communicatively coupled with a peripheral device, the one or more additional processors configured to: receive the identifier from the wearable device, the smart device associated with the wearable device, or both;
retrieve, using the identifier, a set of user preferences associated with the user; and
transmit, to the peripheral device, an electronic authorization signal comprising the set of user preferences, wherein the electronic authorization signal is configured to cause the peripheral device to perform an action in accordance with the set of user preferences.
1. A system for authenticating a user, comprising: a wearable device associated with the user, the wearable device comprising:
a wireless communication component;
one or more sensors configured to acquire biometric data from the user; and
one or more processors communicatively coupled with the wireless communication component and the one or more sensors, the one or more processors configured to: verify an identity of the user based at least in part on the biometric data; and
cause the wireless communication component, an additional wireless communication component associated with a smart device, or both, to output a signal comprising an ephemeral ID associated with the user in response to verifying the identity of the user; and
one or more additional processors communicatively coupled with a peripheral device, the one or more additional processors configured to: receive the ephemeral ID from the wearable device, the smart device associated with the wearable device, or both;
retrieve, from an access control list using the ephemeral ID, access control information and a set of user preferences associated with the user; and
transmit, to the peripheral device, an electronic authorization signal comprising the access control information and the set of user preferences, wherein the electronic authorization signal is configured to cause the peripheral device to perform a user-perceptible action based at least in part on the access control information and in accordance with the set of user preferences.
3. The system of claim 2, wherein the signal comprises a user selection associated with the peripheral device, wherein the electronic authorization signal is configured to cause the peripheral device to perform the action based at least in part on the user selection.
2. The system of claim 1, wherein the signal comprises a user selection associated with the peripheral device, wherein the electronic authorization signal is configured to cause the peripheral device to perform the user-perceptible action based at least in part on the user selection.
4. The system of claim 3, wherein the one or more additional processors are further configured to: receive the signal comprising the user selection; verify a permission of the user to access the peripheral device in accordance with the user selection based at least in part on the user selection and the identifier; and transmit the electronic authorization signal including the user selection based at least in part on the user being verified to access the peripheral device in accordance with the user selection.
3. The system of claim 2, wherein the one or more additional processors are configured to: receive the signal comprising the user selection; verify a permission of the user to access the peripheral device in accordance with the user selection based at least in part on the user selection and the ephemeral ID; and transmit the electronic authorization signal including the user selection based at least in part on the user being verified to access the peripheral device in accordance with the user selection.
5. The system of claim 2, wherein the wireless communication component of the wearable device, the additional wireless communication component associated with the smart device, or both, are further configured to: receive an advertisement signal transmitted by the peripheral device, wherein the wearable device is configured to acquire the biometric data used for verifying the identity of the user based at least in part on the advertisement signal.
6. The system of claim 2, wherein the electronic authorization signal further comprises a token, wherein the token is associated with a validity period during which the action is authorized.
4. The system of claim 1, wherein the wireless communication component of the wearable device, the additional wireless communication component associated with the smart device, or both, are configured to: receive an advertisement signal transmitted by the peripheral device, wherein the wearable device is configured to acquire the biometric data used for verifying the identity of the user based at least in part on the advertisement signal.
5. The system of claim 1, wherein the electronic authorization signal further comprises a token, wherein the token is associated with a validity period during which the user-perceptible action is authorized.
7. The system of claim 2, wherein the peripheral device comprises a controlled access point, a door, a home appliance, an automobile, a kiosk, a computer, or any combination thereof.
6. The system of claim 1, wherein the peripheral device comprises a controlled access point, a door, a home appliance, an automobile, a kiosk, a computer, or any combination thereof.
8. The system of claim 2, wherein the action comprises unlocking the peripheral device, activating a component associated with the peripheral device, authorizing a financial transaction, or any combination thereof.
7. The system of claim 1, wherein the user-perceptible action comprises unlocking the peripheral device, activating a component associated with the peripheral device, authorizing a financial transaction, or any combination thereof.
9. The system of claim 2, wherein the identifier is not permanently associated with the wearable device, the smart device, or both.
8. The system of claim 1, wherein the ephemeral ID is not permanently associated with the wearable device, the smart device, or both.
10. The system of claim 2, wherein the one or more additional processors are associated with one or more remote authentication servers.
9. The system of claim 1, wherein the one or more additional processors are associated with one or more remote authentication servers.
11. The system of claim 10, wherein the one or more remote authentication servers are associated with an authentication application, wherein the wearable device, the smart device, and the peripheral device each comprise a stored version of the authentication application, wherein acquiring the biometric data, verifying the identity of the user, transmitting the signal, transmitting the electronic authorization signal, or any combination thereof, are performed in accordance with the authentication application.
10. The system of claim 9, wherein the one or more remote authentication servers are associated with an authentication application, wherein the wearable device, the smart device, and the peripheral device each comprise each comprise a stored version of the authentication application, wherein acquiring the biometric data, verifying the identity of the user, transmitting the signal, transmitting the electronic authorization signal, or any combination thereof, are performed in accordance with the authentication application.
12. The system of claim 2, wherein the one or more additional processors comprise components of the peripheral device.
11. The system of claim 1, wherein the one or more additional processors comprise components of the peripheral device.
13. A method for authenticating a user, comprising:
acquiring biometric data from the user using one or more sensors of a wearable device associated with the user;
verifying an identity of the user based at least in part on the biometric data;
transmitting a signal comprising an identifier associated with the user in response to verifying the identity of the user, wherein the signal is transmitted using a wireless communication component of the wearable device, an additional wireless communication component of a smart device, or both;
receiving the identifier via one or more additional processors communicatively coupled with a peripheral device;
retrieving, using the one or more additional processors, a set of user preferences associated with the user, the set of user preferences retrieved based at least in part on the identifier; and
transmitting, to the peripheral device, an electronic authorization signal comprising the set of user preferences, wherein the electronic authorization signal is configured to cause the peripheral device to perform an action in accordance with the set of user preferences.
12. A method for authenticating a user, comprising:
acquiring biometric data from the user using one or more sensors of a wearable device associated with the user;
verifying an identity of the user based at least in part on the biometric data;
transmitting a signal comprising an ephemeral ID associated with the user in response to verifying the identity of the user, wherein the signal is transmitted using a wireless communication component of the wearable device, an additional wireless communication component of a smart device, or both;
receiving the ephemeral ID via one or more additional processors communicatively coupled with a peripheral device;
retrieving, using the one or more additional processors, access control information and a set of user preferences associated with the user, the access control information and the set of user preferences retrieved from an access control list and; and
transmitting, to the peripheral device, an electronic authorization signal comprising the access control information and the set of user preferences, wherein the electronic authorization signal is configured to cause the peripheral device to perform a user-perceptible action based at least in part on the access control information and in accordance with the set of user preferences.
14. The method of claim 13, wherein the signal comprises a user selection associated with the peripheral device, wherein the electronic authorization signal is configured to cause the peripheral device to perform the action based at least in part on the user selection.
13. The method of claim 12, wherein the signal comprises a user selection associated with the peripheral device, wherein the electronic authorization signal is configured to cause the peripheral device to perform the user-perceptible action based at least in part on the user selection.
15. The method of claim 14, further comprising: receiving the signal comprising the user selection via the one or more additional processors; verifying a permission of the user to access the peripheral device in accordance with the user selection based at least in part on the user selection and the identifier; and transmitting the electronic authorization signal including the user selection based at least in part on the user being verified to access the peripheral device in accordance with the user selection.
14. The method of claim 13, further comprising: receiving the signal comprising the user selection via the one or more additional processors; verifying a permission of the user to access the peripheral device in accordance with the user selection based at least in part on the user selection and the ephemeral ID; and transmitting the electronic authorization signal including the user selection based at least in part on the user being verified to access the peripheral device in accordance with the user selection.
16. The method of claim 13, further comprising: receiving an advertisement signal transmitted by the peripheral device at the wireless communication component of the wearable device, the additional wireless communication component associated with the smart device, or both, wherein the wearable device is configured to acquire the biometric data used for verifying the identity of the user based at least in part on the advertisement signal.
15. The method of claim 12, further comprising: receiving an advertisement signal transmitted by the peripheral device at the wireless communication component of the wearable device, the additional wireless communication component associated with the smart device, or both, wherein the wearable device is configured to acquire the biometric data used for verifying the identity of the user based at least in part on the advertisement signal.
17. The method of claim 13, wherein the electronic authorization signal further comprises a token, wherein the token is associated with a validity period during which the action is authorized.
16. The method of claim 12, wherein the electronic authorization signal further comprises a token, wherein the token is associated with a validity period during which the user-perceptible action is authorized.
18. The method of claim 13, wherein the peripheral device comprises a controlled access point, a door, a home appliance, an automobile, a kiosk, a computer, or any combination thereof.
17. The method of claim 12, wherein the peripheral device comprises a controlled access point, a door, a home appliance, an automobile, a kiosk, a computer, or any combination thereof.
19. The method of claim 13, wherein the action comprises unlocking the peripheral device, activating a component associated with the peripheral device, authorizing a financial transaction, or any combination thereof.
18. The method of claim 12, wherein the user-perceptible action comprises unlocking the peripheral device, activating a component associated with the peripheral device, authorizing a financial transaction, or any combination thereof.
20. The method of claim 13, wherein the identifier is not permanently associated with the wearable device, the smart device, or both.
19. The method of claim 12, wherein the ephemeral ID is not permanently associated with the wearable device, the smart device, or both.
21. A wearable device, comprising:
a wearable device associated with a user, the wearable device comprising: a wireless communication component;
one or more sensors configured to acquire biometric data from the user; and
one or more processors communicatively coupled with the wireless communication component and the one or more sensors, the one or more processors configured to:
verify an identity of the user based at least in part on the biometric data; and
cause the wireless communication component, an additional wireless communication component associated with a smart device, or both, to output a signal comprising an identifier associated with the user in response to verifying the identity of the user,
the identifier indicating a set of user preferences associated with the user.
1. A system for authenticating a user, comprising:
a wearable device associated with the user, the wearable device comprising: a wireless communication component;
one or more sensors configured to acquire biometric data from the user; and
one or more processors communicatively coupled with the wireless communication component and the one or more sensors, the one or more processors configured to:
verify an identity of the user based at least in part on the biometric data; and
cause the wireless communication component, an additional wireless communication component associated with a smart device, or both, to output a signal comprising an ephemeral ID associated with the user in response to verifying the identity of the user; and
one or more additional processors communicatively coupled with a peripheral device, the one or more additional processors configured to: receive the ephemeral ID from the wearable device, the smart device associated with the wearable device, or both;
retrieve, from an access control list using the ephemeral ID, access control information and a set of user preferences associated with the user; and
transmit, to the peripheral device, an electronic authorization signal comprising the access control information and the set of user preferences, wherein the electronic authorization signal is configured to cause the peripheral device to perform a user-perceptible action based at least in part on the access control information and in accordance with the set of user preferences.
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.
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 21 is rejected under 35 U.S.C. 103 as being unpatentable over Melcher et al. (US 2015/0281009) in view of Wang (US 2018/0324177).
Regarding claim 21, Melcher teaches a wearable device, comprising:
a wearable device associated with a user, the wearable device comprising: a wireless communication component (Paragraph [0055]……. User 310 may be using wearable computing devices such as wearable device 320 (e.g., Google Glass®) or wearable device 330 (e.g., a smart watch). In this example, the wearable device 330 is communicatively to user device 350 via wireless signals such as signal 340);
one or more sensors configured to acquire biometric data from the user (Paragraph [0083]…… if the secondary user device is equipped with biometric identification sensors and the device module 260 receives biometric sensor data from the secondary user device indicating the identity of the user…… Paragraph [0085]…….. if the secondary user device is a wearable device such as a smart watch, the sensor data indicates that a particular user is wearing the wearable device based on a heart rate sensor); and
one or more processors communicatively coupled with the wireless communication component and the one or more sensors (Paragraph [0030]……. The client device 110 comprises….multi-processor system, microprocessor-based……. The client device 110 comprises……biometric sensor),
cause the wireless communication component, an additional wireless communication component associated with a smart device, or both (Paragraph [0055]……. User 310 may be using wearable computing devices such as wearable device 320 (e.g., Google Glass®) or wearable device 330 (e.g., a smart watch). In this example, the wearable device 330 is communicatively to user device 350 via wireless signals such as signal 340), the identifier indicating a set of user preferences associated with the user (See abstract; Paragraphs [0026-0027, 0053, 0058-0059, 0066-0068, and 0074-0075]), but does not specifically teach the one or more processors configured to: verify an identity of the user based at least in part on the biometric data; and to output a signal comprising an identifier associated with the user in response to verifying the identity of the user.
However, in related art, Wang teaches the one or more processors configured to: verify an identity of the user based at least in part on the biometric data; and to output a signal comprising an identifier associated with the user in response to verifying the identity of the user (Paragraph [0028]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made to use (pre-AIA ) or before the effective filing date of the claimed invention (AIA ) to use Wang’s teaching about one or more processors configured to: verify an identity of the user based at least in part on the biometric data; and to output a signal comprising an identifier associated with the user in response to verifying the identity of the user with Melcher’s invention in order to perform data/voice communications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sherif et al. (US 2019/0342276), Giraud (US Patent #11,695,975), Wang (US Patent #11,587,077), Sherif et al. (US 2019/0342276), Osterhout et al. (US 2019/0278093), Bradley et al. (US 2018/0158551), and Millegan et al. (US 2016/0166936).
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/DOMINIC E REGO/Primary Examiner, Art Unit 2648 Tel 571-272-8132
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