DETAILED ACTION
Claims 1-20 are presented for examination on the merits.
Notice of Pre-AIA or AIA Status
The present application is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/16/2025 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Drawings
The drawings filed on 04/25/2025 are accepted by the examiner.
Priority
The application is filed on 10/17/2024 and has priority of provisional application
63/644,063 filed on 05/08/2024.
Double Patenting
1. 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 obviousness-type 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); 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 conflicting 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, and there is no statutory double patenting rejection applied to other claim/claims of the set. 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.
2. Claims 1-4, 8-14, and 18-20 of instant application are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2, 4-7, 9-11, and 13-14 of application 19/232/972. Although the conflicting claims are not identical, they are not patentably distinct from each other because the applications recite an apparatus for biometric access control wherein the apparatus includes an outer body configured to house a plurality of internal components and a power source disposed within the outer body, wherein the power source is configured to provide power. Additionally, the apparatus includes a biometric sensor connected to the power source, wherein the biometric sensor is configured to receive biometric data associated with a user.
Claim Comparison Table
Instant Application: 18/918,246
Application No. 19/232,972
1. An apparatus for biometric access control, wherein the apparatus comprises: an outer body configured to house a plurality of internal components; a power source disposed within the outer body, wherein the power source is configured to provide power; a biometric sensor connected to the power source, wherein the biometric sensor is configured to receive biometric data associated with a user and the biometric sensor is disposed within a sensor cavity configured to allow the biometric sensor to be depressed into the sensor cavity by a user; at least a sensor configured to detect pressure data indicating when the biometric sensor is depressed into the sensor cavity; and a processing circuit communicatively connected to the biometric sensor, wherein the processing circuit is configured to: send identification data to an external device; receive an external response generated by the external device based on the identification data; and activate the biometric sensor based on the pressure data and external response received from the external device.
1. An apparatus for biometric access control, wherein the apparatus comprises: an outer body configured to house a plurality of internal components; a power source disposed within the outer body, wherein the power source is configured to provide power; a biometric sensor connected to the power source, wherein the biometric sensor is configured to receive biometric data associated with a user and the biometric sensor is disposed within a sensor cavity configured to allow the biometric sensor to be depressed into the sensor cavity by a user; a pressure sensor configured to detect pressure data indicating when the biometric sensor is depressed into the sensor cavity; an NFC chip or RFID chip; and a processing circuit communicatively connected to the biometric sensor and the NFC chip or RFID chip, wherein the processing circuit is configured to: send identification data to an external device, using the NFC chip or RFID chip; receive, via the NFC chip or RFID chip, an external response generated by the external device based on the identification data; initially activate the biometric sensor based on the external response, wherein the unlocking of the biometric sensor enables an activation of the biometric sensor; receive pressure data from the pressure sensor; and subsequently activate the biometric sensor when the pressure data indicates that the biometric sensor is depressed into the sensor cavity.
4. The apparatus of claim 3, wherein the processing circuit is configured to receive the detected sensor data from the at least one sensor and activate the biometric sensor based on the detected sensor data.
2. The apparatus of claim 1, wherein the external response consists of an initial activation signal.
2. The apparatus of claim 1, wherein the processing circuit is configured to send usage data associated with the apparatus to the external device.
4. The apparatus of claim 1, wherein the processing circuit is configured to send usage data associated with the apparatus to the external device.
10. The apparatus of claim 9, wherein processing circuit is further configured determine a device usability of the apparatus based on the modified internal state based on the match in comparing the second biometric data and the reference biometric data.
7. The apparatus of claim 6, wherein processing circuit is further configured to determine a device usability of the apparatus based on the modified internal state based on the match in comparing the second biometric data and the reference biometric data.
Claims 3, 8-9
Claims 9-11
Claims 11-14, 18-20
Claims 13-14
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. 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.
6. 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.
7. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wendt (US 20080148393 A1) in view of Hubbard et al. (US 20200342507 A1, hereinafter, Hubbard).
Regarding claim 1, Wendt discloses an apparatus for biometric access control (Abstract: biometric enabled access control system), wherein the apparatus comprises:
an outer body configured to house a plurality of internal components; a power source disposed within the outer body (Para 0009: an embedded power source associated with biometric enabled universal smart card, contact-less RFID based smart cards, magstripe cards or keys… embedded piezo electric transducers 160 and 170 and all other circuitry ; Fig. 1 and associated texts),
wherein the power source is configured to provide power; a biometric sensor connected to the power source (Para 0010: provide power to all embedded electronic components of the user biometric enabled universal smart card or key),
wherein the biometric sensor is configured to receive biometric data associated with a user (Para 0051, 0060: receiving user's input/entry as neural biometric password to the to the Input1 sensor 170) and
the biometric sensor is disposed within a sensor cavity configured to allow the biometric sensor to be depressed into the sensor cavity by a user (Para 0043: pressure being applied at INPUT1 of embedded piezo transducer sensor 170 several times…user’s neural biometric password is entered when the user presses embedded piezo transducers sensors 160 and 170 at INPUT0 and at INPUT1);
at least a sensor configured to detect pressure data indicating when the biometric sensor is depressed into the sensor cavity (Para 0047: detecting squeezing of the thumbs and index fingers of both hands in a rhythm activates user biometric enabled universal smart card or key system 100 wherein user presses embedded piezo transducers sensors 160 and 170 at INPUT0 and at INPUT1, respectively); and
a processing circuit communicatively connected to the biometric sensor (Abstract 1: input pressure sensors associated with a circuit with CPU memory),
[wherein the processing circuit is configured to: send identification data to an external device; receive an external response generated by the external device based on the identification data; and activate the biometric sensor based on the pressure data and external response received from the external device].
Wendt does not explicitly state but Hubbard from the same or similar fields of endeavor teaches wherein the processing circuit is configured to: send identification data to an external device (Hubbard Para 0138-0139: providing personal identifying information associated with biometric data to an outside decentralized storage for authentication wherein registered biometric data is backed up in an external decentralized device);
receive an external response generated by the external device based on the identification data (Hubbard Para 0114, 0138-0139: retrieving personal identifying information associated with biometric data by outside decentralized storage device and received by processing circuitry coupled with the sensor for verification/authentication); and
activate the biometric sensor based on the pressure data and external response received from the external device (Hubbard, Para 0089, 0049, 0069, 0078, 0114, 0138: activating biometric sensor enabled aerosol delivery device such as a pushbutton, touch-sensitive surface based on puff sensor/pressure data and received signal/response).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention wherein the processing circuit is configured to: send identification data to an external device; receive an external response generated by the external device based on the identification data; and activate the biometric sensor based on the pressure data and external response received from the external device as taught by Hubbard in the teachings of Wendt for the advantage of improving security of identity information using a mechanism for verification or authentication, stored in a decentralized device (Hubbard, Abstract).
Regarding claim 2, the combination of Wendt and Hubbard discloses the apparatus of claim 1, wherein the processing circuit is configured to send usage data associated with the apparatus to the external device (Hubbard Para 0126, 0128: usage data based on puffs or puff time is sent to decentralized storage system).
Regarding claim 3, the combination of Wendt and Hubbard discloses the apparatus of claim 1, wherein the processing circuit comprises at least one sensor configured to detect sensor data (Wendt Para 0047: detecting squeezing of the thumbs and index fingers of both hands in a rhythm activates user biometric enabled universal smart card or key system 100 wherein user presses embedded piezo transducers sensors 160 and 170 at INPUT0 and at INPUT1, respectively).
Regarding claim 4, the combination of Wendt and Hubbard discloses the apparatus of claim 3, wherein the processing circuit is configured to receive the detected sensor data from the at least one sensor and activate the biometric sensor based on the detected sensor data (Wendt Para 0047: detecting squeezing of the thumbs and index fingers of both hands in a rhythm activates user biometric enabled universal smart card or key system 100 wherein user presses embedded piezo transducers sensors 160 and 170 at INPUT0 and at INPUT1, respectively).
Regarding claim 5, the combination of Wendt and Hubbard discloses the apparatus of claim 1, wherein the processing circuit comprises a user interface configured to receive a user input (Wendt Para 0015, 0050: user provides biometric authentication inputs…with a simple user interface).
Regarding claim 6, the combination of Wendt and Hubbard discloses the apparatus of claim 5, wherein the processing circuit is further configured to prompt the user to input a first user input using the user interface (Wendt, Para 0015, 0050: user provides biometric authentication associated with a defined/prompted input…using a simple user interface),
receiving the user input and store the first user input as a reference user input (Wendt, Para 0059, 0063: user begins entry of their unique neural biometric password phrase on user biometric enabled universal smart card or key system 100 during enrollment phase for matching that to a stored reference).
Regarding claim 7, the combination of Wendt and Hubbard discloses the apparatus of claim 6, wherein the processing circuit is further configured to receive a second user input (Wendt Para 0058, 0055-0056: sequence of entry for user’s password phrase are inputted, for example, "Input0-Mar, Input1-y, Input1-had, Input0-a, Input0-little, Input0-lamb to build a robust dynamic pulsed tactile inputs template),
compare the second user input to the reference user input, and activate the biometric sensor based on match in comparing the second user input and the reference user input (Wendt, Abstract, Para 0063, 0055-0056: enabling activation by comparing user entered dynamic pulsed tactile inputs with those stored during enrolment for verifying, authenticating as a biometric security device).
Regarding claim 8, the combination of Wendt and Hubbard discloses the apparatus of claim 1, wherein the processing circuit is further configured to receive first biometric data once activated (Wendt Para 0043, 0047: activation of user biometric enabled universal smart card or key system involves powering up followed by receiving user biometric data including thumbs and index fingers of both hands and squeezing in a rhythm ) and
store the first biometric data as reference biometric data (Wendt, Abstract, Para 0060, 0063: user entered dynamic pulsed tactile inputs are being stored as reference during enrolment for verifying, authenticating as a biometric security device).
Regarding claim 9, the combination of Wendt and Hubbard discloses the apparatus of claim 8, wherein the processing circuit is further configured to receive second biometric data (Wendt Para 0058: building a robust dynamic pulsed tactile inputs template using sequence of biometric entries such as second biometric data),
compare the second biometric data to the reference biometric data (Wendt, Abstract, Para 0060, 0063: user entered dynamic pulsed tactile inputs are being stored as reference during enrolment for verifying, comparing, authenticating as a biometric security device), and
modify an internal state of the apparatus based on a match in comparing the second biometric data and the reference biometric data (Wendt Para 0057: a secret pin is successfully entered multiple times to update pre-enrollment state enabling subsequent biometric entries by the user).
Regarding claim 10, the combination of Wendt and Hubbard discloses the apparatus of claim 9, wherein processing circuit is further configured determine a device usability of the apparatus (Hubbard Para 0126-0129: determining usage of the device associated with restrictions/authentication for puffs or puff time usage )
based on the modified internal state (Wendt Para 0021: displaying status to the user upon dynamic pulsed tactile input to measures user's neurological characteristics wherein final dynamic pulsed tactile inputs template is constructed … wherein sequential order represents the neural biometric password entry process from start to conclusion)
based on the match in comparing the second biometric data and the reference biometric data (Wendt Abstract, Para 0060, 0063: user entered dynamic pulsed tactile inputs are being stored as reference during enrolment for verifying, comparing, authenticating as a biometric security device)
Regarding claim 11; Claim 11 is similar in scope to claim 1, and is therefore rejected under similar rationale (Further, Para 0011-0012, 0029-0030: method of use of the user biometric enabled universal smart card or key system of FIG. 1 for transaction authorization to a card or key reader or unlocking of an electronic lock or access control system).
Regarding claim 12; Claim 12 is similar in scope to claim 2, and is therefore rejected under similar rationale.
Regarding claim 13; Claim 13 is similar in scope to claim 3, and is therefore rejected under similar rationale.
Regarding claim 14; Claim 14 is similar in scope to claim 4, and is therefore rejected under similar rationale.
Regarding claim 15; Claim 15 is similar in scope to claim 5, and is therefore rejected under similar rationale.
Regarding claim 16; Claim 16 is similar in scope to claim 6, and is therefore rejected under similar rationale.
Regarding claim 17; Claim 17 is similar in scope to claim 7, and is therefore rejected under similar rationale.
Regarding claim 18; Claim 18 is similar in scope to claim 8, and is therefore rejected under similar rationale.
Regarding claim 19; Claim 19 is similar in scope to claim 9, and is therefore rejected under similar rationale.
Regarding claim 20; Claim 20 is similar in scope to claim 10, and is therefore rejected under similar rationale.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Verlaan et al. (WO 2022028932 A1) discloses an aerosol generating device (100) configured to generate an aerosol for inhalation by a user, comprising: a biometric reader (114) configured to acquire biometric data from a user; a memory (130) configured to store encrypted biometric data; a sensor (124) configured to measure a physical characteristic of the aerosol generating device (100); and a controller (118) configured to generate an encryption key based on the measured physical characteristic and decrypt the stored biometric data using the encryption key.
Zizi et al. (US 10357210 B2) discloses a method for determining changes in health wherein sensing multi-dimensional motion of a body part of a user generates a first multi-dimensional motion signal at a first time and date; in response to the first multi-dimensional motion signal, generating a first neuro-mechanical fingerprint; generating a first health measure in response to the first NFP and user calibration parameters.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHFUZUR RAHMAN whose telephone number is (571)270-7638. The examiner can normally be reached on Monday thru Friday.
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/MAHFUZUR RAHMAN/Primary Examiner, Art Unit 2498
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