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 .
DETAILED ACTION
This action is in response to an application filed October 9, 2024. Claims 1-17 are pending in this application.
Double Patenting
The nonstatutory obviousness 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).
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Claims 1-17 are rejected on the ground of nonstatutory obviousness double patenting as being unpatentable over claims 1-14 of patent document (US 12,170,657 B2). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same subject matter of storing historical data associated with a plurality of users. A side-by-side analysis of the first independent claim(s) of the instant application and patent document have been included below. The bolded portions are portions which are almost identical to one another. The non-bolded portions are related to subject matter which is obvious, and do not further define over the subject matter of the U.S. patent document. Therefore, the subject matter of both claim sets are not distinct from one another.
Here is the following side-by-side analysis of the first independent claim in each application:
Instant Application ‘118
1. A system for user authentication, the system comprising:
one or more datastores, each datastore configured to store historical data associated with a plurality of users;
a computing platform including a memory comprising non-transitory computer readable medium, and one or more processing devices in communication with the memory, wherein the memory comprises Random Access Memory (RAM) and Read-Only Memory (ROM), wherein the memory stores computer code instructions that are executable by the one or more processing devices and configured to cause the one or more processing devices to:
receive, from at least one of the one or more datastores, a historical dataset associated with one of the plurality of users;
apply, via an encryption engine, a plurality of encryption algorithms to a selected subset of data from the historical dataset, wherein the selected subset is selected at random;
generate, via the encryption engine, an authentication token, wherein the authentication token is based on a set of results of the plurality of encryption algorithms;
in response to generating the authentication token, exchange the authentication token amongst (i) a service or an application, and (ii) at least one of a user device or a managing entity, for storage at (i) the service or application, and (ii) at least one of the user device or the managing entity;
receive, from the one of the plurality of users, a request to access the service or the application;
in response to receiving the request, receive, from the at least one of the one or more datastores, the historical dataset associated with the one of the plurality of users;
determine one or more security queries and answers for the one or more security queries based on the historical dataset; and
authenticate the user by (i) presenting at least one of the one or more security queries to the user and receiving user responses to the least one of the one or more security queries that match the answers for the one or more security queries and (ii) transmitting the authentication token from the user device or the managing entity to the
service or application to verify that the transmitted authentication token matches the exchanged authentication token stored at the service or the application.
Patent Document ‘657
1. A system for user authentication, the system comprising:
one or more datastores, each datastore configured to store historical data associated with a plurality of users;
a computing platform including a memory, and one or more processing devices in communication with the memory, wherein the memory comprises Random Access Memory (RAM) and Read-Only Memory (ROM), wherein the ROM stores instructions that are executable by the one or more processing devices and configured to:
receive, from at least one of the one or more datastores, a historical dataset associated with one of the plurality of users,
apply, via an encryption engine, a plurality of encryption algorithms to a selected subset of data from the historical dataset, wherein the selected subset is selected at random,
generate, via the encryption engine, an authentication token, wherein the authentication token is based on a set of results of the plurality of encryption algorithms,
in response to generating the authentication token, exchange the authentication token amongst (i) a service or an application, and (ii) at least one of a user device or a managing entity, for storage at (i) the service or application, and (ii) at least one of the user device or the managing entity,
receive, from the one of the plurality of users, a request to access the service or the application,
in response to receiving the request, receive, from the at least one of the one or more datastores, the historical dataset associated with the one of the plurality of users,
determine one or more security queries and answers for the one or more security queries based on the historical dataset, store the one or more security queries and the answers for the one or more security queries exclusively in the RAM,
authenticate the user by (i) presenting at least one of the one or more security queries to the user and receiving user responses to the least one of the one or more security queries that match the answers for the one or more security queries and (ii) transmitting the authentication token from the user device or the managing entity to the service or application to verify that the transmitted authentication token matches the exchanged authentication token stored at the service or the application, and in response to authenticating the user, erase the one or more security queries and the answers for the one or more security queries from the RAM.
Allowable Subject Matter
Claims 1-17 are allowed over available prior art(s) and/or any combinations of available prior arts, but are rejected under Double Patenting.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
REASONS FOR ALLOWANCE
The following is a statement of reasons for the indication of allowable subject matter: The Examiner has not found any reasonable prior art(s) nor combination of prior art(s) which teach the feature of ‘apply, via an encryption engine, a plurality of encryption algorithms to a selected subset of data from the historical dataset, wherein the selected subset is selected at random; generate, via the encryption engine, an authentication token, wherein the authentication token is based on a set of results of the plurality of encryption algorithms; in response to generating the authentication token, exchange the authentication token amongst (i) a service or an application, and (ii) at least one of a user device or a managing entity, for storage at (i) the service or application, and (ii) at least one of the user device or the managing entity; receive, from the one of the plurality of users, a request to access the service or the application; in response to receiving the request, receive, from the at least one of the one or more datastores, the historical dataset associated with the one of the plurality of users; and (ii) transmitting the authentication token from the user device or the managing entity to the service or application to verify that the transmitted authentication token matches the exchanged authentication token stored at the service or the application’.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESTHER B. HENDERSON whose telephone number is (571)270-3807. The examiner can normally be reached Monday-Friday 6a-2p ET.
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/ESTHER B. HENDERSON/Primary Examiner, Art Unit 2458
March 26, 2026
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