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 .
Response to Amendment
Receipt is acknowledged of applicant’s amendment filed on 1/16/26. Claims 1-11 amended. Claim 14 canceled. Claim 21 newly added. Claims 1-13 and 15- 21are pending and an action on the merits is as follows.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-13 and 15-21 are rejected under 35 U.S.C. 102a1 as being anticipated by US Publication No. 2021/0011446 cited by applicant.
Re Claim 1, Anderson discloses an NFC reader ( P52, Abstract) , comprising:
a processor; and a memory communicatively connected to the processor (P52), wherein the memory contains instructions configuring the processor to:
obtain, from an NFC tag disposed on a first object, a first identification data comprising: a first unique identifier corresponding to the first object, and user metadata corresponding to a user of the first object (P228, Figs. 1 and 8b );
generate a verification datum by comparing at least a portion of the first identification data to at least one of a preset threshold value (date condition requirement and /cutoff date/ legal smoking age ) or at least a portion of a second identification data(P228-232, Fig. 8b) ; and
generate an object action datum based on the verification datum(P230, 8b).
Re Claim 2, Anderson discloses the NFC reader of claim 1, further comprising an ID reader configured to scan a user ID to generate at least a portion of the user metadata (P228, Fig. 8b).
Re Claim 3, Anderson discloses the NFC reader of claim 2, wherein the portion of the user metadata comprises the user's date of birth, wherein the preset threshold value comprises an age threshold value, and wherein the generation of the verification datum comprises calculation of the user's age based on the user's date of birth, comparison of the user's age to the age threshold value, and generation of the verification datum based on the comparison (P228-232).
Re Claim 4, Anderson discloses the NFC reader of claim 1, wherein the processor is configured to transmit the object action datum to the NFC reader , and wherein the NFC reader is configured to transmit the object action datum to the NFC tag disposed on or in the first object (P230, P167; Fig. 8b) .
Re Claim 5, Anderson discloses the NFC reader of claim 4, wherein the object action datum comprises a command to either lock or unlock the first object (P230, Fig. 8b).
Re Claim 6, Anderson discloses the NFC reader of claim 1, further comprising a data store, wherein the second identification data comprises a baseline identification data stored in the data store prior to the obtaining of the first identification data, and wherein the baseline identification data corresponds to the first object or to the user of the first object (P85).
Re Claim 7, Anderson discloses the NFC readers of claim 1, wherein the NFC reader is configured to read at least one NFC tag type including at least one of an NFC Forum Type 1 tag, an NFC Forum Type 2 tag, an NFC Forum Type 3 tag, an NFC Forum Type 4 tag, or a passive high frequency HF RFID tag (P62, P52, 184, P167, P239) .
Re Claim 8, Anderson discloses the NFC reader of claim 1, wherein the first unique identifier corresponds to object manufacture data of the first object (P62).
Re Claim 9, Anderson discloses the NFC reader of claim 1, wherein the verification datum comprises a data structure including values representing yes-or-no answers relating to a result of at least one of an age verification, a user identify verification, or a device authentication (P228-232; Fig. 8b).
Re Claim 10, Anderson discloses the NFC reader apparatus of claim 7, wherein the NFC tag comprises: an NFC chip configured to communicate with the NFC reader; and an antenna communicatively connected to the NFC chip (P167).
Re Claim 11, Anderson discloses a method comprising:
obtaining, using an NFC reader, a first identification data comprising: a first unique identifier corresponding to a first object having an NFC tag, and user metadata corresponding to a user of the first object; transmitting the first identification data to a processor within the NFC reader, generating a verification datum, via the processor, by comparing at least a portion of the first identification data to at least one of a preset threshold value (AGE ) or at least a portion of a second identification data; and
determining, via the processor, an object action datum (unlock) as a function of the verification datum; and; transmitting a signal from the NFC reader to the NFC tag of the first object, the signal consisting of the object action datum, wherein the object action datum consists of a command to either lock or unlock the first object (P52, 228-232, Figs 1. 8b).
Re Claim 12, Anderson discloses the method of claim 11, wherein the NFC reader further comprises an ID reader configured to scan a user ID, and the obtaining the first identification data includes obtaining at least a portion of the user metadata via the ID reader(P228, Fig. 8b).
Re Claim 13, Anderson discloses the method of claim 12, wherein the portion of the user metadata comprises the user's date of birth, wherein the preset threshold value comprises an age threshold value, and wherein the generation of the verification datum comprises calculating the user's age based on the user's date of birth, comparing the user's age to the age threshold value, and generation of the verification datum based on the comparison (P228-232; Fig. 8b).
Re Claim 15, Anderson discloses the method of claim 11, wherein the second identification data comprises a baseline identification data stored in a data store prior to the obtaining of the first identification data, and wherein the baseline identification data corresponds to the first object or to the user of the first object (P85).
Re Claim 16, Anderson discloses the method of claim 11, wherein the NFC tag comprises an NFC tag type including at least one of an NFC Forum Type 1 tag, an NFC Forum Type 2 tag, an NFC Forum Type 3 tag, an NFC Forum Type 4 tag, or a passive high frequency HF RFID tag(P62, P52, 184, P167, P239).
Re Claim 17, Anderson discloses the method of claim 11, wherein the first object is an aerosol delivery device (P5).
Re Claim 18, Anderson discloses the method of claim 11, wherein the user comprises a buyer of the first object from a retailer (P230-232, 268).
Re Claim 19, Anderson discloses the method of claim 11, wherein the first unique identifier corresponds to object manufacture data of the first object (P62).
Re Claim 20, Anderson discloses the method of claim 11, wherein the verification datum comprises a data structure including values representing yes-or-no answers relating to a result of at least one of an age verification, a user identify verification, or a device authentication(P228-232; Fig. 8b).
Re Claim 21, Anderson discloses the method of claim 11, further comprising generating and/or storing, via the processor, at least one of a location datum or a timestamp corresponding to at least one of the generation of the verification datum or the transmission of the signal (P239-240, P245).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant amended the claims with new limitations which necessitated new search and consideration. Therefore this action is Final.
Conclusion
Givens, Jr cited but not relied upon discloses as identify verification system.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONJI N JOHNSON whose telephone number is (571)270-5266. The examiner can normally be reached 9am-9pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Paik can be reached at 5712722404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
SONJI N. JOHNSON
Examiner
Art Unit 2876
/SONJI N JOHNSON/Primary Examiner, Art Unit 2876
Prosecution Insights