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 .
Election/Restrictions
Applicant’s election without traverse of invention I in the reply filed on 06/08/2026 is acknowledged.
Claim status
This action is in response to applicant filed on 06/08/2026.
Claims 15-20 have been cancelled.
Claims 21-25 are new.
Claims 7 and 9 have been amended.
Claims 1-14 and 21-25 are pending for examination.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bousquet et al. (FR 3092412).
Regarding claim 1: Bousquet disclose an electronic device (Fig. 1, item 100, ¶0004: smart card), comprising:
a first electronic circuit configured to implement a functionality (Fig. 1, item 100, ¶0004: first electronic chip 102 capable of implementing a secure transaction);
a first secure element configured to receive data and implement a transaction (Fig. 1, item 102, ¶0004: first electronic chip 102 capable of implementing a secure transaction); and
a second secure element configured to receive the same data as the first secure element (Fig. 1, item 106, ¶0005: a second electronic chip 106 capable of implementing authentication, electrically connected to a fingerprint reader 108 and a button 110 capable of triggering fingerprint reading.); and
control operation of the first electronic circuit to implement the functionality ( ¶0005: a second electronic chip 106 capable of implementing authentication, electrically connected to a fingerprint reader 108 and a button 110 capable of triggering fingerprint reading).
Regarding claim 2: Bousquet disclose the device according to claim 1, wherein the first and second secure elements are configured to receive the data by wired communication ((¶0007: fingerprint reader 108 & ¶0063: contact smart card (wired) and contactless smart card (wireless)).
Regarding claim 3: Bousquet disclose the device according to claim 2, wherein the first and second secure elements are coupled to same connection terminals configured to receive the data by the wired communication (¶0080: Communication can be contactless, with the communication interface 306 including a radio frequency antenna, or contact communication, with the communication interface 306 including contact areas positioned on the external surface of the electronic device 300 to cooperate by contact with the external terminal 320.).
Regarding claim 4: Bousquet disclose the device according to claim 1, wherein the first and second secure elements are configured to receive the data by a wireless communication (¶0080: Communication can be contactless, with the communication interface 306 including a radio frequency antenna, or contact communication, with the communication interface 306 including contact areas positioned on the external surface of the electronic device 300 to cooperate by contact with the external terminal 320.).
Regarding claim 5: Bousquet disclose the device according to claim 4, wherein the first and second secure elements are coupled to a same antenna configured to receive the data by the wireless communication. (¶0080: Communication can be contactless, with the communication interface 306 including a radio frequency antenna, or contact communication, with the communication interface 306 including contact areas positioned on the external surface of the electronic device 300 to cooperate by contact with the external terminal 320.).
Regarding claim 12: Bousquet disclose the device according to claim 1, wherein said first electronic circuit comprises a second circuit and a third circuit configured to drive said second circuit (¶0005-0007).
Regarding claim 13: Bousquet disclose the device according to claim 1, wherein the second circuit is selected from a group consisting of: a display screen, a fingerprint sensor, a light-emitting diode, a sensor control device, and a memory. (¶0005-0007).
Regarding claim 14: Bousquet disclose the device according to claim 1, wherein said device comprises one of: a bank card, a smart transport card, a car key, an access control card. (¶0002).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bousquet et al. (FR 3092412).
Regarding claim 6: Bousquet disclose the device according to claim 4, but does not explicitly disclose wherein the wireless communication is a near-field communication. However it does disclose wireless (contactless) communication (¶0080: Communication can be contactless) and near-field communication is a well known example of wireless communication. Therefore, before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of near-field communication as the wireless communication, since having a limited universe of potential options (wireless communications), the selection of any particular option (near-field communications) would have been obvious to one of ordinary skill in the art. In re Jones, 412 F.2d 241, 162 USPO 224 (COPA 1969). Since either option would provide the same predictable result of (communicate wirelessly), either option would have been obvious to one of ordinary skill.
Allowable Subject Matter
Claims 7-11 and 21-25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record cited in the PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR CASILLASHERNANDEZ whose telephone number is (571)270-5432. The examiner can normally be reached Monday-Friday, 8:30AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at (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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/OMAR CASILLASHERNANDEZ/ Primary Examiner, Art Unit 2689
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