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 .
Claims Status
Claim 1 is pending for examination in this Office action.
Claim Rejections - 35 USC § 103
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.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schroter (Schroter; US 2011/0102137) in view of Errico et al. (Errico; US 2019/0111255).
As per claim 1, Schroter teaches an access control unit comprising:
a first layer comprising an electrostimulation contact interface (delivering an electric shock, see e.g. para. [0083], which requires a user touching [with a first layer] or in close proximity of a contact surface);
a second layer comprising a biometric sensor (a biometric sensing layer in the disclosed biometric sensor 2; see e.g. para. [0096]); and
a third layer comprising a microprocessor unit (a comparison module including a computer unit 12; see e.g. para. [0094], [0100] and FIG. 1) in communication unit with the electrostimulation contact interface (communication link between sensor unit 2, authentication device and locking device [which houses the shock element], see e.g. para. [0061] and FIG., wherein it would have been obvious to a person having ordinary skill in the art that the disclosed computer unit 12 can control the shock element because Schoter suggests that all the processes are run by evaluation module [0051]. Alternatively, a second dedicated processor to control the shock can be envisioned without departing from the gist of the invention as suggested by Errico in the proceeding paragraphs), wherein
the electrostimulation contact interface comprises one or more anode/cathode arrays (the disclosed electric shock[s], see e.g. para. [0083], wherein the electric shock production needs to be delivered using one more anode/cathode [or positive/negative terminal] arrays), and
the one or more anode/cathode arrays are configured to deliver neurostimulative excitations to the electrostimulation contact interface (the electric shock, see e.g. para. [0083], would at least deliver neurostimulative excitations to the contact surface using one or more cathode/anode arrays).
Even though of Schroter does not explicitly teach that the second layer is sandwiched between the first layer and the third layer of the said access control system, a person of ordinary skill in the art, upon reading the reference, would also have recognized the desirability of improved methods - of combining the first, second and third layers such that the second layer is sandwiched between the first layer and the third layer (i.e. combining the layers as a single unit instead of separate components). Schroter teaches that having a first layer, a second layer and a third layers separate from each other is one of a finite number of configurations known to be useful for designing a biometric system generating electric shock[s] as discussed earlier. In addition, Schroter also teaches electric shock producing element/unit connected to one of the layers as discussed earlier. Furthermore, the reference teaches methods of designing the system with the first, second and third layer covering or integrating into a single unit would reasonably have been expected. The reference also inherently discloses to one of ordinary skill in the art that combining a known method and/or system to make a system with integrated unit or device does not affect the properties of the system. Thus, it would have been obvious to a person of ordinary skill in the art to try the disclosed methods of Schroter in an attempt to provide an improved system of integrated biometric authentication and shock production unit [where the shock producing or neurostimulation component is connected to any of the layers as long as the shock is received by an unauthorized person], as a person with ordinary skill has good reason to pursue the known options within his or her technical grasp. In turn, because system/method as claimed has the properties predicted by the prior art, it would have been obvious to make the system, method or product.
Schroter does not explicitly teach that the second layer is coupled to the electrostimulation contact interface.
Errico, however, teaches a layer is coupled to the electrostimulation contact interface (a stimulator head that contacts a person’s skin and generate electrical nerve stimulations, see e.g. para. [0130]), wherein a processor 104 can control the neurostimulator (see e.g. para. [0282] and FIG. 12B). Similarly, it would have been obvious to a deliver neurostimulations using one of the disclosed layers/surfaces of the disclosed system Schroter, i.e. sensing surface, locking device or any other suitable surface as long as the intended purpose of outputting neurostimulations for an intended user is fulfilled.
Schroter and Errico are in a same or similar field of endeavor, therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine their teachings for the purpose of outputting notification without causing loud noise or annoyance for others.
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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,100,737, claim 1 of U.S. Patent No. 11,642,522, and claim 1 of US Patent No. 12,161,867.
Instant Application
US Patent No. 11,100,737
1. An access control unit comprising:
1. An access control unit comprising:
a first layer comprising an electrostimulation contact interface;
a first layer comprising an electrostimulation contact interface;
a second layer comprising a biometric sensor coupled to the electrostimulation contact interface;
a second layer comprising a biometric sensor coupled to the electrostimulation contact interface;
and a third layer comprising a microprocessor unit in communication with the electrostimulation contact interface,
and a third layer comprising a microprocessor unit in communication with the electrostimulation contact interface,
wherein the second layer is sandwiched between the first layer and the third layer of said access control unit,
wherein the second layer is sandwiched between the first layer and the third layer of said access control unit,
the electrostimulation contact interface comprises one or more anode/cathode arrays,
the electrostimulation contact interface comprises one or more anode/cathode arrays,
and the one or more anode/cathode arrays are configured to deliver neurostimulative excitations to the electrostimulation contact interface.
and the one or more anode/cathode arrays are configured to deliver neurostimulative excitations to the electrostimulation contact interface when a received biometric data by the biometric sensor does not match with a prestored biometric data, wherein level and type of the neurostimulative excitations are based on a dynamic changing environmental factor.
Instant Application
US Patent No. 11,642,522
1. An access control unit comprising:
1. (limitations not in the same chronological order) An access control unit comprising:
a first layer comprising an electrostimulation contact interface;
a first layer comprising an electrostimulation contact interface,
a second layer comprising a biometric sensor coupled to the electrostimulation contact interface;
a second layer comprising a biometric sensor coupled to the electrostimulation contact interface, wherein the biometric sensor is activated when a user is in close proximity to said access control unit;
and a third layer comprising a microprocessor unit in communication with the electrostimulation contact interface,
and a third layer comprising a microprocessor unit in communication with the electrostimulation contact interface,
wherein the second layer is sandwiched between the first layer and the third layer of said access control unit,
wherein the second layer is sandwiched between the first layer and the third layer of said access control unit,
the electrostimulation contact interface comprises one or more anode/cathode arrays,
the electrostimulation contact interface comprising one or more anode-cathode arrays;
and the one or more anode/cathode arrays are configured to deliver neurostimulative excitations to the electrostimulation contact interface.
the one or more anode-cathode arrays are configured to deliver neurostimulative excitations to the electrostimulation contact interface depending on a result of a comparison of a received biometric data by the biometric sensor with prestored biometric data, said access control unit is integrated with a target object, the one or more anode-cathode arrays are configured to deliver variable neurostimulative excitations when the user remains in close proximity to the access control unit, and a magnitude of the variable neurostimulative excitations delivered increases based on an increased interaction with the target object.
Instant Application
US Patent No. 12,161,867
1. An access control unit comprising:
1. A self-contained fully intergraded access control unit comprising:
a first layer comprising an electrostimulation contact interface;
a first layer comprising an electrostimulation contact interface;
a second layer comprising a biometric sensor coupled to the electrostimulation contact interface;
a second layer comprising a biometric sensor coupled to the electrostimulation contact interface;
and a third layer comprising a microprocessor unit in communication with the electrostimulation contact interface,
and a third layer comprising a microprocessor unit in communication with the electrostimulation contact interface,
wherein the second layer is sandwiched between the first layer and the third layer of said access control unit,
wherein the second layer is sandwiched between the first layer and the third layer of said access control unit,
the electrostimulation contact interface comprises one or more anode/cathode arrays,
the electrostimulation contact interface comprises one or more anode-cathode arrays,
and the one or more anode/cathode arrays are configured to deliver neurostimulative excitations to the electrostimulation contact interface.
and the one or more anode-cathode arrays are configured to deliver neurostimulative excitations to the electrostimulation contact interface when a received biometric data by the biometric sensor does not match with a prestored biometric data.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed inventions in the disclosed patents clearly anticipate claim 1 of the instant application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (Lee; US 2019/0095683); Lee teaches a biometric authentication device, wherein a layer 22 of the disclosed authentication device [or access control unit] is sandwiched between a first layer and a second layer (see e.g. para. [0044]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD ADNAN whose telephone number is (571)270-3705. The examiner can normally be reached on Monday-Thursday 10AM-6PM.
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/MUHAMMAD ADNAN/Primary Examiner, Art Unit 2688