DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-12 are presented for examination on the merits.
Claim Rejections - 35 USC § 112
2. 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.
3. Claims 2, 3, 5, and 9 are rejected under 35 U.S.C. § 112(b) as indefinite for failing to particularly point out and distinctly claim the subject matter which the applicant regards as the invention.
a. As to claim 2, the phrase “a real name associated number* is structurally ambiguous. It is unclear if this term defines an alternative format of identification data or if it requires a secondary verification lookup protocol.
b. As to claim 3, the phrase “the above retrieving step” lacks a singular, clear antecedent basis. Claim 1 recites both an “obtaining... identity information” step and a *“retrieving... health related information”* step. Because both steps involve capturing or fetching data, the reference to *“the above retrieving step”* in claim 3 creates ambiguity as to which parent operational block is being modified.
c. As to claim 9, the phrase *“the security door”* lacks an antecedent basis. Claim 1 introduces the concept of controlling an access right for entering a place physically, but it does not establish any explicit physical barrier mechanism. To avoid ambiguity, the claim must be presented as (e.g., “a security door”) before using “the.”
Claim Rejections - 35 USC § 112
4. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
5. Claim 11 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement.
6. Apparatus Claim 11 is rejected under 35 U.S.C. § 112(a) for failing to provide an enabling disclosure for the full functional scope of the claimed computer-implemented operations, particularly when construed in view of 35 U.S.C. § 112(f).
Claim 11 recites: “a processor; and a memory coupled to the processor, said memory containing instructions executable by said processor to perform operations comprising: ...compare the health related information... and control the access right...” Because the claim invokes generic computing components to perform highly specific, functional data evaluation logic without reciting explicit software architecture in the claim body, this functional language is subject to construction under 35 U.S.C. § 112(f).
When § 112(f) is invoked for a computer-implemented invention, the corresponding structure disclosed in the specification must be a specific “algorithm” (typically represented via a detailed flowchart, mathematical formula, or explicit pseudo-code logic path) that tells a person of ordinary skill in the art how the processor translates the raw health inputs into a definitive control command. A review of the specification and drawings shows that the disclosure lacks the necessary algorithmic specificity:
Figure 1 and Figure 2 present broad, high-level process blocks and standard hardware boxes that merely repeat the functional language of the claims. Paragraph [0054] states that the memory contains instructions executable by the processor to perform the actions described in Figure 1, but the accompanying text in paragraphs [0043]–[0046] only states that the data is compared to a preset rule to see if it “conforms.”
The disclosure fails to provide an operational algorithm detailing “how” the confirmation is programmatically calculated (e.g., parsing varying data types, reconciling dynamic time windows for test validity, or handling missing/corrupt parameter flags). Because the specification fails to disclose a clear algorithm to support this broad functional processing, the structural definition of the "processor" is absent. Consequently, the disclosure fails to enable the full, un-bounded functional scope of Claim 11 without requiring undue experimentation.
Examiner’s suggestion/ Recommendations
7. Because Claim 11 uses a generic “processor,” applicant may ensure the claim body itself recites structural data steps rather than broad functional outcomes. Instead of saying the processor just "compares data," applicant may claim the specific logical mechanics of the tracking loop (e.g., matching timestamp bounds).
Claim Rejections – 35 USC § 101
8. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
9. Claims 1–12 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a non-statutory judicial exception (an abstract idea) and does not recite an inventive concept sufficient to transform that abstract idea into a patent-eligible practical application.
10. Step 1: Statutory subject matter:
i. Claims 1-10 are access control process/method”. They satisfy the statutory requirement of § 101.
ii. Claim 11 is directed to access control apparatus. It satisfies the statutory requirement of § 101.
iii. Claim 12 is directed to non transitory computer readable storage medium, media/manufacture. It satisfies the statutory requirement of § 101.
Therefore, claims 1-12 passes the statutory category requirement of Step 1.
11. Step 2A, Prong 1: Abstract Idea:
Independent Claim 1 recites an access control method comprising:
Obtaining identity information of a person, retrieving health-related information based on the identity information, comparing the health-related information with a preset rule; and controlling an access right based on the comparison result.
Under the 2019 Patent Eligibility Guidance (PEG) and subsequent updates, these limitations recite a judicial exception falling within the “methods of organizing human activity” grouping. Specifically, the claim manages commercial, administrative, or legal relationships by enforcing building or venue security compliance protocols based on an individual’s medical clearance status.
Furthermore, the steps of “comparing” data with a rule and “controlling” access based on the outcome represent automated mental processes. The core logic of looking at an identification token, verifying an attached health or screening profile against a threshold rule, and determining whether to permit physical entry is an administrative checking function that can be (and traditionally has been) performed mentally or with the aid of pen and paper by a human security guard.
Independent Claims 1, 11, and 12 recite an access control method, apparatus, and computer-readable medium that operate by obtaining identity information, retrieving corresponding health-related data, comparing that data against a preset rule, and controlling a physical access right based on the logical outcome.
Under the revised 2024–2025 guidelines, which reinforce strictly to the categories of abstract ideas, the features of these claims fall within: methods of organizing human activity: The claims define a framework for checking credentials, verifying compliance with public health rules, and regulating entry. Managing commercial, legal, or social relationships through policy enforcement represents a business method. Also, taking a person's identification, looking up their medical/health status, and verifying if they meet a threshold requirement; is a screening process that can be performed entirely through human mental steps or with the aid of pen and paper. The automation of this mental logic on a computer does not alter its fundamental character as an abstract process.
Therefore, the claims fail the Step 2A, 1st prong test.
12. Step 2A, Prong 2: Integration into a practical application:
The claim as a whole does not integrate the judicial exception into a practical application. The features added to the abstract idea rely entirely on broad, functional, and generic hardware steps of obtaining, retrieving, comparing, and controlling.
The specification notes in paragraph [0052] that the benefit of the invention is that it does not require any human like guards and that the speed of check is quicker than check by human. However, merely automating a well-known human activity using general-purpose computing functions does not satisfy the integration standard. The claims do not disclose an improvement to the underlying operation of the computer or network security infrastructure itself; rather, they use conventional computer processing structures as a passive tool to execute an administrative policy. The limitation of “entering a place physically” functions merely as a generic field-of-use constraint, which does not render the underlying abstract idea patent eligible.
The 2024–2025 Updates clarify that an abstract idea is only integrated into a practical application if the claim as a whole delivers a specific improvement to the functioning of a computer or an underlying technological field. The present application fails to meet this requirement for the following reasons:
a. Generic Data Manipulation: The steps of retrieving health strings (e.g., nucleic acid tests, temperatures) and executing a basic “if/then” matching logic are classified under current guidelines as routine data collection and manipulation. The software logic does not optimize network latency, increase database processing efficiency, or patch a security flaw in computer hardware.
b. Automation of Manual Tasks: The specification explicitly notes in paragraph [0052] that the invention aims to replace human guards to increase the "speed of check." The 2025 guidelines reinforce that merely using conventional computing infrastructure to automate an administrative human workflow more quickly or safely is not a technological improvement.
minor post solution activity: While dependent Claim 9 introduces physical structures such as actuating a security door or triggering audible/visual alarms, current guidance dictates that tying an abstract rule to generic, off-the-shelf physical hardware functions merely as standard post solution activity and an insignificant field-of-use limitation. The claim does not improve how the electromechanical door lock operates; it simply uses the lock as a passive tool to enforce the abstract health policy.
Therefore, the claims fail the Step 2A, 2nd prong test.
13. Step 2B: Inventive Concept Analysis
The claims are evaluated to determine whether they contain an inventive concept—an element or combination of elements sufficient to ensure that the claim as a whole amount to significantly more than the exception. A review of the dependent claims reveals only routine, conventional, and post-solution activities:
Claims 2 and 4 define standard categories of data strings (e.g., temporal identification, real name associated numbers, nucleic acid test results, temperatures).
Claims 3, 5, 6, and 7 recite routine data-gathering and communication pathways, such as scanning standard QR codes, sweeping an RFID/NFC chip, or sending/searching generic database server requests.
Claims 8, 9, and 10 merely automate logical comparison branching (approving if positive, denying if negative), activate routine user-interface outputs (color, light, sound, alarms), or execute standard transactional auditing (*"logging an access attempt"*).
Apparatus Claim 11 and non-transitory Computer-Readable Medium Claim 12 recite identical functional logic implemented via conventional "black box" computer hardware (a communication interface, a processor, and a memory).
The elements of the independent and dependent claims, considered both individually and as an ordered combination, fail to provide an inventive concept. The hardware limitations of Claim 11 (communication interface, processor, memory) represent entirely conventional, generic, "black box" computer components running standard instructions. The dependent claims merely recite well-understood, routine data-gathering tools (scanning QR codes, sweeping RFID chips, or querying standard databases) and routine user-interface outputs (alarms, color changes, logs).
Because the claims do nothing more than instruct a general-purpose computer network to execute a standard administrative screening policy, the claims do not add an inventive concept under the 2024–2025 guidelines. Accordingly, Claims 1–12 are non-statutory under 35 U.S.C. § 101.
Examiner’s suggestion/ Recommendations
14. Applicant may incorporate the distributed network limitations from paragraph 0036. Explicitly claim the transformative physical step, for example, converting a validated cryptographic token directly into an electromechanical driver signal for a physical gateway, as a structural limitation rather than an afterthought.
Claim Rejections - 35 USC § 103
15. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
16. 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 of this title, 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.
17. Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 102233265 B1).
As to claim 1, Kim discloses in a method for controlling access based on the user's biometric information based on deep learning, and an electronic lock system access control system for the same having claimed:
a. an access control method for controlling access right of a person for entering a place physically read on Page. 3, Para. 4, (Referring to FIGS. 1 to 5, the access control system 100 according to an embodiment of the present invention may include a door lock device 110, a verification device 120, and a network 300);
b. obtaining an identity information of the person read on Page 2, Para. 1, (The present invention relates to a general electronic device, and more particularly, to a device for identifying a user based on deep learning and approving a user's access between barriers based on the user's biometric information).
Kim in another embodiment discloses:
c. retrieving a health related information based on the identity information of the person; comparing the health related information with a preset rule of access right for entering the place physically; and controlling the access right of the person based on the comparison result read on Page 9, Para. 10-11, (the verification device 120 may allow the door lock device 110 to be unlocked when the vaccination of the user p is confirmed based on information on whether or not the user p is inoculated against a disease received from the terminal. have. The user's medical information, such as whether or not to be vaccinated with a high level of security, can be stored only on the terminal of the user. And, after the user identification according to the user's facial recognition and the additional user identification according to the user's fingerprint recognition, that is, the user verification process through step 2, the verification device 120 transmits information on whether the user is vaccination from the terminal).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the fingerprint information received from the access control system and unlocked when the vaccination of the user p is confirmed of Kim’s different embodiment in order to move the heath rule matching step from the local gateway local processing power or to centrally update compliance parameters and provide and set a face database through a management server, depicts a user interface according to the addition of a person and depicts a user interface showing log view and access record.
As to claim 2, Kim further discloses:
a. wherein the identity information of the person comprises: a temporal identification or a permanent identification of the person, or a real name associated number read on Page 9, Para. 3-4, (The access control system 100 may determine whether the user is a pre-registered user by identifying the user's identity through the detected fingerprint. In some embodiments, the access control system 100 may manage the history of personnel entering and leaving the building by identifying the user's identity).
As to claim 3, Kim further discloses:
a. wherein the obtaining an identity information of the person comprises: retrieving the identity information of the person through at least one of: biological detection, sweeping a card or chip, scanning a QR code and filling a form; OR receiving the identity information of the person from a device performing the above retrieving step read on Page 9, Para. 3-4, (The access control system 100 may determine whether the user is a pre-registered user by identifying the user's identity through the detected fingerprint. In some embodiments, the access control system 100 may manage the history of personnel entering and leaving the building by identifying the user's identity).
As to claim 4, Kim further discloses:
a. wherein the health related information comprises at least one of: nucleic acid test result, term of validity of nucleic acid test result, health code, travel information, vaccine injection record, whether has a fever in predetermined time period and current temperature read on Page 9, Para. 9, (he terminal determines whether the fingerprint information received from the access control system 100 matches the previously stored fingerprint information of the user (p), and if the fingerprint information matches, whether the user (p) is vaccinated against a disease. Information about may be transmitted to the verification device 120).
As to claim 5, Kim further discloses:
a. wherein the retrieving a health related information based on the identity information of the person comprises: sending a request for the health related information with the identity information of the person to a server; and receiving the health related information from the server read on Page. 3, Para. 3-8, (the access control system 100 may further include a management server 200. The door lock device 110 and the verification device 120 may be integrally configured, but are not limited thereto, and the door lock device 110 and the verification device 120 may be configured separately from each other, and they communicate wirelessly with each other. can do. The verification device 120 may display operation state information of the user p and operation state information of the door lock device 110. In addition, the verification device 120 is one for providing a user interface for displaying the state of the user p, such as body temperature information, and providing an option for interacting with the user p or a greeting to the user p. The above touch or non touch interactive panel or display 199 may be provided).
As to claim 6, Kim further discloses:
a. wherein the retrieving a health related information based on the identity information of the person comprises: searching for the health related information based on the identity information of the person in a database read on Page. 11, Para. 8-12, (Referring to FIG. 16, in order to register the verification device 120 with the network 300, the verification device 120 is connected to a computing device, and the IP of the verification device 120 is searched by executing a search tool provided in the computing device. can do. In addition, the user may modify the IP address of the verification device 120 by using a tool. The registration process of the verification device 120 may be described by applying the same to the registration of the door lock device 110. 17 and 18 are exemplary views of a user interface of software for a verification device provided to set a face database through a management server. And, Figure 19 depicts a user interface according to the addition of a person. In addition, FIG. 20 depicts a user interface showing log view and access records).
As to claim 7, Kim further discloses:
a. wherein the preset rule of access right for entering the place physically is stored locally or is received from a server read on Page 11, Para. 7-8 – Page 12, Para. 1, (referring to FIG. 16, in order to register the verification device 120 with the network 300, the verification device 120 is connected to a computing device, and the IP of the verification device 120 is searched by executing a search tool provided in the computing device. can do. In addition, the user may modify the IP address of the verification device 120 by using a tool. The registration process of the verification device 120 may be described by applying the same to the registration of the door lock device 110. 17 and 18 are exemplary views of a user interface of software for a verification device provided to set a face database through a management server. And, Figure 19 depicts a user interface according to the addition of a person. In addition, FIG. 20 depicts a user interface showing log view and access records).
As to claim 8, Kim further discloses:
a. wherein the comparing the health related information with a preset rule of access right for entering the place physically comprises: checking whether the health related information conforms to the preset rule; and determining the access right to be approved if the checked result is positive and determining the access right to be denied if the checked result is negative read on Page. 11, Para. 8-12, (Referring to FIG. 16, in order to register the verification device 120 with the network 300, the verification device 120 is connected to a computing device, and the IP of the verification device 120 is searched by executing a search tool provided in the computing device. can do. In addition, the user may modify the IP address of the verification device 120 by using a tool. The registration process of the verification device 120 may be described by applying the same to the registration of the door lock device 110. 17 and 18 are exemplary views of a user interface of software for a verification device provided to set a face database through a management server. And, Figure 19 depicts a user interface according to the addition of a person. In addition, FIG. 20 depicts a user interface showing log view and access records).
As to claim 9, Kim further discloses:
a. wherein the controlling the access right of the person based on the comparison result comprises at least one of: displaying the access right through color, light, sound, alarm, voice announcement, text, symbol and/or video; opening or closing the security door for entering the place according to the access right; and sending the access right of the person to a device performing the above displaying or opening/closing step read on Page 11, Para. 3-5, (On the display 199 of the verification device 120, a captured image of the user, current body temperature information of the user, and information on the number of persons entering the building may be displayed. In addition, the verification device 120 may display information on a dense area of people in the building. The information on the crowded area of the people here is information generated based on the estimated number of people for each area determined based on information such as the number of terminals detected through various surveillance cameras and Wi-Fi communication networks installed in the building. In addition, information on a pre-designated place for quarantine of people who have entered the building with abnormal body temperature or suspected of being infected can be displayed. In some embodiments, the verification device 120 may further display detailed information of the selected information in response to a touch input of any one of the displayed information. It is for explaining management information on the entry/exit history on the management server. The management server 200 may manage the user's biometric information received from the verification device 120 and input/output history information according to the detection time point of the biometric information).
As to claim 10, Kim further discloses:
a. logging an access attempt of the person to the place, the access right and time read on Page. 11, Para. 5-7, (the management server 200 may manage a visitor log, and may manage image information of a user who enters and exits, and information about an entry/exit time point. For example, the visitor log information stored in the management server 200 may be used as information for managing attendance of employees. 16 depicts an example of a user interface for registering a verification device).
As to claim 11, Kim further discloses:
a. an access control apparatus for controlling access right of a person for entering a place physically, comprising: a communication interface; a processor; and a memory coupled to the processor, said memory containing instructions executable by said processor to perform operations comprising to: obtain an identity information of the person; retrieve a health related information based on the identity information of the person; compare the health related information with a preset rule of access right for entering the place physically; and control the access right of the person based on the comparison result read on Page 11, Para. 6-7 – Page 12, Para. 1-2, (Referring to FIG. 16, in order to register the verification device 120 with the network 300, the verification device 120 is connected to a computing device, and the IP of the verification device 120 is searched by executing a search tool provided in the computing device. can do. In addition, the user may modify the IP address of the verification device 120 by using a tool. The registration process of the verification device 120 may be described by applying the same to the registration of the door lock device 110. 17 and 18 are exemplary views of a user interface of software for a verification device provided to set a face database through a management server. And, Figure 19 depicts a user interface according to the addition of a person. In addition, FIG. 20 depicts a user interface showing log view and access records. Referring to FIG. 17, a face database may be set using software for a verification device, and a real time video preview, a real-time comparison result, a device log read, and a device parameter may be set).
As to claim 12, Kim further discloses:
a. a non-transitory computer-readable storage medium storing instructions which when executed by at least one processor, cause the at least one processor to perform operations comprising to: obtain an identity information of the person; retrieve a health related information based on the identity information of the person; compare the health related information with a preset rule of access right for entering the place physically; and control the access right of the person based on the comparison result read on Page 11, Para. 6-7 – Page 12, Para. 1-2, (Referring to FIG. 16, in order to register the verification device 120 with the network 300, the verification device 120 is connected to a computing device, and the IP of the verification device 120 is searched by executing a search tool provided in the computing device. can do. In addition, the user may modify the IP address of the verification device 120 by using a tool. The registration process of the verification device 120 may be described by applying the same to the registration of the door lock device 110. 17 and 18 are exemplary views of a user interface of software for a verification device provided to set a face database through a management server. And, Figure 19 depicts a user interface according to the addition of a person. In addition, FIG. 20 depicts a user interface showing log view and access records. Referring to FIG. 17, a face database may be set using software for a verification device, and a real time video preview, a real-time comparison result, a device log read, and a device parameter may be set).
Citation of pertinent Prior Arts
18. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
i. Lee (WO 2022137136 A1) discloses in a method for providing user access to a secure resource comprising information or physical premises, includes receiving, at a first access-control system controlling access to a first secure resource, a first request from a user to access the first secure resource. The first request has a first user authentication credential. A second request is received, at a second access-control system (i) different from the first access-control system and (ii) controlling access to a second secure resource different from the first secure resource, from the user to access the second secure resource. The second request has a second user authentication credential different from the first user credential. Then it is determined whether to accord the user access to the second resource based on at least (a) the second user credential and (b) whether the first access-control system accorded the user access to the first secure resource based on the first user authentication credential, and
ii. Wisniewski (US 11527101 B1) discloses in a biometric gallery management is performed by association one or more wireless identifiers that correspond to one or more mobile devices (such as smart phones, tablet computing devices, cellular telephones, wearable devices, smart watches, fitness monitors, digital media players, medical devices, and/or other mobile computing devices) that people carry with digital representations of biometrics corresponding to the people. Wireless identifiers corresponding to mobile devices proximate to a biometric reader device may be monitored. Upon detection of wireless identifiers corresponding to mobile devices proximate to the biometric reader device, the associated digital representations of biometrics may be loaded from a main gallery into one or more local galleries, which may then be used to perform one or more biometric identifications and/or verifications.
Conclusion
19. If the claimed invention is amended, Applicant is respectfully requested to indicate the portion(s) of the specification, which dictate(s) the structure/description relied upon to assist the Examiner in proper interpretation of the amended language and also to verify and ascertain the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fekadeselassie Girma whose telephone number is (571) 270-5886. The examiner can normally be reached on Monday thru Friday, 8:30 – 5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Fekadeselassie Girma/
Primary Examiner Art Unit 2689
Prosecution Insights