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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/31/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 2, 9-10 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over EINBERG et al., US-20180302416-A1 (hereinafter “EINBERG ‘416”) in view of HASHIMOTO, US-20210382608-A1 (hereinafter “HASHIMOTO ‘608”) and Toth, US-20180173871-A1 (hereinafter “Toth ‘871”) and Sanchez, US-11949673-B1 (hereinafter “Sanchez ‘673”).
Per claim 2 (independent):
EINBERG ‘416 discloses: A method for authentication, comprising:
positioning a wearable device associated with a user within a threshold distance of a smart device, wherein the smart device stores a document or a reference to a document;
acquiring, using the wearable device, biometric data from the user based at least in part on the wearable device being positioned within the threshold distance of the smart device;
outputting, from the wearable device to the smart device, a first communication comprising an identifier associated with the wearable device based at least in part on authenticating an identity of the user using the biometric data
(FIG. 1, [0053], an access control system 100 for authenticating a user 102 via wearable devices 104 (a wearable device) ... the reading device 112 (a smart device) may be configured to communicate with an access data memory 116 (for a document) across a communication network 128. The access data memory 116 may be located remotely, locally (i.e., in the reading device 112), and/or locally and remotely, from the reading device 112 (stores a document or a reference to a document); [0058], the reading device 112 (the smart device) may require credential information (an identifier associated with the wearable device) stored on the wearable device 104 (outputting, from the wearable device to the smart device, a first communication) ... upon validating credential information stored on the wearable device 104, the reading device 112 generates signals facilitating execution of the results of interrogating the wearable device 104 ... (e.g., engages/disengages a locking mechanism, allows/disallows movement of a monitored article, temporarily disables itself, activates an alarm system, provides access to a computer system, provides access to a particular document, and the like); [0054], The wearable device 104 (the wearable device) ... may be configured to communicate with a reading device 112 (the smart device) across one or more wireless communication connections ... via at least one of conventional radio protocols, proximity-based wireless communication protocols (the wearable device being positioned within the threshold distance of the smart device; it is noted that when a short-range communication protocol such as Bluetooth is used, pairing is terminated when a distance exceeds a predetermined threshold), Bluetooth™, BLE, infrared, audible, NFC, RF, and other wireless communication networks and/or protocols; [0068], the wearable device 104 may employ one or more sensors 220, 224, 228 that are configured to detect information corresponding to a state of the wearable device 104 ... (after acquiring, using the wearable device, biometric data from the user) The biometric characteristics (biometric data) may be used to determine a state of the wearable device 104 (e.g., being worn or not, etc.) and/or determine an identity of a user 102 wearing the wearable device 104 (e.g., via comparing collected biometric characteristics to baseline characteristics stored in a memory and associated with the user 102, etc.) – based at least in part on authenticating an identity of the user using the biometric data);
outputting a second communication comprising the identifier associated with the wearable device to an authentication service (FIG. 1, [0058], the reading device 112 may require credential information stored on the wearable device 104 ... upon validating credential information (the identifier associated with the wearable device) stored on the wearable device 104 (the wearable device), the reading device 112 generates signals facilitating execution of the results of interrogating the wearable device 104 ... (e.g., engages/disengages a locking mechanism, allows/disallows movement of a monitored article, temporarily disables itself, activates an alarm system, provides access to a computer system, provides access to a particular document, and the like). As provided above, the access server 120 (an authentication service) may generate such signals – by outputting a second communication to an authentication service).
EINBERG ‘416 does not disclose but HASHIMOTO ‘608 discloses: outputting, from the smart device to an authentication service, the document or the reference to the document;
digitally signing, via the authentication service, the document to generate a digitally signed document;
receiving, from the authentication service via the smart device, the digitally signed document or a reference to the digitally signed document
(FIG. 3, [0035], FIG. 3 is a block diagram illustrating an example the functional configuration of the information processing apparatus 10 – the smart device; [0037], The communication section 101 communicates with a different device such as the server 20 (an authentication service) to execute data transmission and reception. For example, the communication section 101 (the smart device) transmits document data (outputting the document or the reference to the document) managed by the document management software to the electronic signature service (i.e., digitally signing the document) executed by the server 20 (via the authentication service). The communication section 101 (the smart device) also receives document data to which an electronic signature has been applied (receiving the digitally signed document or a reference to the digitally signed document) by the electronic signature service from the server 2 – from the authentication service).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 with the receiving of document data to which an electronic signature has been applied by the electronic signature service from the server as taught by HASHIMOTO ‘608 because the system would ensure authenticity and integrity of a document without requiring in-person signing. Additionally, HASHIMOTO ‘608 is analogous to the claimed invention because it teaches the document management software has a function of invoking and executing a second service (i.e., an electronic signature service) to be executed by the server [0023].
EINBERG ‘416 in view of HASHIMOTO ‘608 does not disclose but Toth ‘871 discloses: digitally signing the document with a private key associated with the user to generate a digitally signed document based at least in part on the identifier associated with the wearable device (FIG. 2, [0461], (a) Digital signing key s, a private key in 213 (a private key associated with the user) associated with e-credential 220 of the owner, can be used by identity engine 204 of owner 201 to calculate, by means of a prior art encryption algorithm, a digital signature over a message, document or e-credential – digitally signing the document; FIG. 9, [0507], the user's e-credentials 909 with embedded public keys, paired with private keys 912 in protected memory store 911 could be otherwise deployed. FIG. 9 depicts user 920 having a smart phone 901 communicating over pre-configured trusted communication channels 910 (based at least in part on the identifier associated with the wearable device) with a smart card 905 or a smart ring 906 (the wearable device) with embedded protected memory store 911 containing private keys and secrets 912 of user 920).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 in view of HASHIMOTO ‘608 with the calculation of a digital signature over a document by a private key stored in embedded protected memory store of a smart ring as taught by Toth ‘871 because it would avoid the weaknesses of remote password/PIN based authentication schemes wherein such user secrets are vulnerable to being discovered and "cracked" and also offer a solution that avoids the risks of e-credentials being stolen from network repositories for fraudulent purposes [0115]. Additionally, Toth ‘871 is analogous to the claimed invention because it teaches registering and acquiring e-credentials using personal devices and an identity registry system that combines the method for handling digital seals with a proof-of-existence method [ABSTRACT].
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 does not disclose but Sanchez ‘673 discloses: acquiring, using the wearable device, motion data, wherein the motion data is associated with one or more gestures performed by the user;
authenticating an identity of the user using the one or more gestures
(FIG. 6A, [Col. 21], ll.1-5, performing multi-factor authentication using the smart ring 101 (the wearable device); [Col. 22], ll.18-55, At blocks 606, 608, 610 and 612, the smart ring 101 performs a first authentication operation. Beginning at block 606, the sensor unit 150 collects, outside of the enrollment mode, gestural data representing a candidate gesture (acquiring, using the wearable device, motion data) and a first authentication factor. The candidate gesture corresponds to ring movement while a user is wearing the smart ring (the motion data is associated with one or more gestures performed by the user) ... At block 608, the smart ring 101 compares candidate gesture to an authentication gesture for a known user to determine whether the candidate gesture matches the authentication gesture; [Col. 23], ll.24-35, At block 610, when the candidate gesture matches the authentication gesture, the smart ring 101 generates a signal indicating that the user has been identified and authenticated as the known user based at least in part upon the first authentication factor (authenticating an identity of the user using the one or more gestures). at block 612, the smart ring 101 transmits the signal to a second device that controls access to a resource).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 with the collection of gestural data via the smart ring for performing multi-factor authentication as taught by Sanchez ‘673 because a smart ring as an authentication device is portable, easy to keep on the person, and able to support multi-factor authentication [Col. 1], ll.56-67. Additionally, Sanchez ‘673 is analogous to the claimed invention because it teaches performing multi-factor authentication using the smart ring [FIG. 6A].
Per claim 9 (dependent on claim 2):
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 discloses the elements detailed in the rejection of claim 2 above, incorporated herein by reference.
EINBERG ‘416 discloses: The method of claim 2, wherein the wearable device comprises a finger-worn device or a wrist-worn device (FIG. 1, [0053], an access control system 100 for authenticating a user 102 via wearable devices 104 (the wearable device) ... the reading device 112 may be configured to communicate with an access data memory 116 across a communication network 128; [0007], Examples of wearable devices can include, but are in no way limited to, activity monitors, heart rate monitors, watches, rings ... and/or any other wearable item – a finger-worn device or a wrist-worn device).
Per claim 10 (independent):
EINBERG ‘416 discloses: A method for document execution at a smart device, comprising:
receiving, from a wearable device associated with a user, a first communication comprising an identifier associated with the wearable device, wherein the first communication is received based at least in part on the wearable device being positioned within a threshold distance of the smart device, and based at least in part on an identify of the user being authenticated using biometric data
(FIG. 1, [0053], an access control system 100 for authenticating a user 102 via wearable devices 104 (a wearable device) ... the reading device 112 (a smart device) may be configured to communicate with an access data memory 116 (for document execution, i.e., reading, at the smart device) across a communication network 128. The access data memory 116 may be located remotely, locally, and/or locally and remotely, from the reading device 112; [0058], the reading device 112 may require credential information (an identifier associated with the wearable device) stored on the wearable device 104 (receiving, from a wearable device associated with a user, a first communication) ... upon validating credential information stored on the wearable device 104, the reading device 112 generates signals facilitating execution of the results of interrogating the wearable device 104, that is, document execution ... (e.g., engages/disengages a locking mechanism, allows/disallows movement of a monitored article, temporarily disables itself, activates an alarm system, provides access to a computer system, provides access to a particular document, and the like); [0054], The wearable device 104 (the wearable device) ... may be configured to communicate with a reading device 112 (the smart device) across one or more wireless communication connections ... via at least one of conventional radio protocols, proximity-based wireless communication protocols (the wearable device being positioned within a threshold distance of the smart device), Bluetooth™, BLE, infrared, audible, NFC, RF, and other wireless communication networks and/or protocols; [0068], the wearable device 104 may employ one or more sensors 220, 224, 228 that are configured to detect information corresponding to a state of the wearable device 104 ... The biometric characteristics may be used to determine a state of the wearable device 104 (e.g., being worn or not, etc.) and/or determine an identity of a user 102 wearing the wearable device 104 (e.g., via comparing collected biometric characteristics to baseline characteristics stored in a memory and associated with the user 102, etc.) – based at least in part on an identify of the user being authenticated using biometric data);
transmitting a second communication comprising the identifier associated with the wearable device to an authentication service (FIG. 1, [0058], the reading device 112 may require credential information stored on the wearable device 104 ... upon validating credential information (the identifier associated with the wearable device) stored on the wearable device 104 (the wearable device), the reading device 112 generates signals facilitating execution of the results of interrogating the wearable device 104 ... (e.g., engages/disengages a locking mechanism, allows/disallows movement of a monitored article, temporarily disables itself, activates an alarm system, provides access to a computer system, provides access to a particular document, and the like). As provided above, the access server 120 (an authentication service) may generate such signals – by transmitting a second communication to an authentication service).
EINBERG ‘416 does not disclose but HASHIMOTO ‘608 discloses: transmitting, from the smart device to an authentication service, a document or a reference to the document, and a request to digitally sign the document; and
receiving, from the authentication service in response to the request, a digitally signed document or a reference to the digitally signed document, wherein the digitally signed document is generated by the authentication service using the document
(FIG. 3, [0035], FIG. 3 is a block diagram illustrating an example the functional configuration of the information processing apparatus 10 – the smart device; [0037], The communication section 101 communicates with a different device such as the server 20 (an authentication service) to execute data transmission and reception. For example, the communication section 101 (the smart device) transmits document data (transmitting a document or a reference to the document) managed by the document management software to the electronic signature service (i.e., receiving a request to digitally sign the document) executed by the server 20 (the authentication service). The communication section 101 also receives document data to which an electronic signature has been applied (receiving a digitally signed document or a reference to the digitally signed document) by the electronic signature service from the server 2 – from the authentication service in response to the request).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 with the receiving of document data to which an electronic signature has been applied by the electronic signature service from the server as taught by HASHIMOTO ‘608 because the system would ensure authenticity and integrity of a document without requiring in-person signing.
EINBERG ‘416 in view of HASHIMOTO ‘608 does not disclose but Toth ‘871 discloses: the digitally signed document is generated by a private key associated with the user based at least in part on the identifier associated with the wearable device (FIG. 2, [0461], (a) Digital signing key s, a private key in 213 (a private key associated with the user) associated with e-credential 220 of the owner, can be used by identity engine 204 of owner 201 to calculate, by means of a prior art encryption algorithm, a digital signature over a message, document or e-credential – the digitally signed document; FIG. 9, [0507], the user's e-credentials 909 with embedded public keys, paired with private keys 912 in protected memory store 911 could be otherwise deployed. FIG. 9 depicts user 920 having a smart phone 901 communicating over pre-configured trusted communication channels 910 (based on the identifier associated with the wearable device) with a smart card 905 or a smart ring 906 (the wearable device) with embedded protected memory store 911 containing private keys and secrets 912 of user 920).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 in view of HASHIMOTO ‘608 with the calculation of a digital signature over a document by a private key stored in embedded protected memory store of a smart ring as taught by Toth ‘871 because it would avoid the weaknesses of remote password/PIN based authentication schemes wherein such user secrets are vulnerable to being discovered and "cracked" and also offer a solution that avoids the risks of e-credentials being stolen from network repositories for fraudulent purposes [0115].
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 does not disclose but Sanchez ‘673 discloses: one or more gestures detected by the wearable device (FIG. 6A, [Col. 21], ll.1-5, performing multi-factor authentication using the smart ring 101 (the wearable device); [Col. 22], ll.18-55, At blocks 606, 608, 610 and 612, the smart ring 101 performs a first authentication operation. Beginning at block 606, the sensor unit 150 collects, outside of the enrollment mode, gestural data representing a candidate gesture (one or more gestures detected by the wearable device) and a first authentication factor. The candidate gesture corresponds to ring movement while a user is wearing the smart ring ... At block 608, the smart ring 101 compares candidate gesture to an authentication gesture for a known user to determine whether the candidate gesture matches the authentication gesture; [Col. 23], ll.24-35, At block 610, when the candidate gesture matches the authentication gesture, the smart ring 101 generates a signal indicating that the user has been identified and authenticated as the known user based at least in part upon the first authentication factor. Then, at block 612, the smart ring 101 transmits the signal to a second device that controls access to a resource).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 with the collection of gestural data via the smart ring for performing multi-factor authentication as taught by Sanchez ‘673 because a smart ring as an authentication device is portable, easy to keep on the person, and able to support multi-factor authentication [Col. 1], ll.56-67.
Per claim 17 (dependent on claim 10):
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 discloses the elements detailed in the rejection of claim 10 above, incorporated herein by reference.
The limitations of the claim(s) correspond(s) to features of claim 9 and the claim(s) is/are rejected for the reasons detailed with respect to claim 9.
Claim(s) 3 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 as applied to claims 2 and 10 above, and further in view of Lindley et al., US-10671712-B1 (hereinafter “Lindley ‘712”).
Per claim 3 (dependent on claim 2):
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 discloses the elements detailed in the rejection of claim 2 above, incorporated herein by reference.
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 does not disclose but Lindley ‘712 discloses: The method of claim 2, wherein the private key comprises a digital signature of the user, a notary message associated with the user, or both (FIG. 8, [Col.12], ll.58 – [Col. 13], ll.15, a set of operations 800 for notarization using cryptographic techniques ... Sending operation 806 sends a document to the user for signature (a digital signature of the user) using the user's private key generated with biometrics ... the cryptographic signature is generated using a digest of the document and the private key).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 with the signing of a document by the cryptographic signature generated using the user’s private key for notarization as taught by Lindley ‘712 because the system would shorten the notarization process yet maintain its integrity [Col. 1], ll. 65-67. Additionally, Lindley ‘712 is analogous to the claimed invention because it teaches a set of operations 800 for notarization using cryptographic techniques [FIG. 8].
Per claim 11 (dependent on claim 10):
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 discloses the elements detailed in the rejection of claim 10 above, incorporated herein by reference.
The limitations of the claim(s) correspond(s) to features of claim 3 and the claim(s) is/are rejected for the reasons detailed with respect to claim 3.
Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 as applied to claims 2 and 10 above, and further in view of Jiang, US-20180019878-A1 (hereinafter “Jiang ‘878”).
Per claim 5 (dependent on claim 2):
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 discloses the elements detailed in the rejection of claim 2 above, incorporated herein by reference.
EINBERG ‘416 in view of HASHIMOTO ‘608 and Sanchez ‘673 does not disclose but Toth ‘871 discloses: The method of claim 2, further comprising:
wherein digitally signing the document is based at least in part on the identifier associated with the wearable device
(FIG. 2, [0461], (a) Digital signing key s, a private key in 213 associated with e-credential 220 of the owner, can be used by identity engine 204 of owner 201 to calculate, by means of a prior art encryption algorithm, a digital signature over a message, document or e-credential –digitally signing the document; FIG. 9, [0507], the user's e-credentials 909 with embedded public keys, paired with private keys 912 in protected memory store 911 could be otherwise deployed. FIG. 9 depicts user 920 having a smart phone 901 communicating over pre-configured trusted communication channels 910 (based at least in part on the identifier associated with the wearable device) with a smart card 905 or a smart ring 906 (the wearable device) with embedded protected memory store 911 containing private keys and secrets 912 of user 920).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 in view of HASHIMOTO ‘608 and Sanchez ‘673 with the calculation of a digital signature over a document by a private key stored in embedded protected memory store of a smart ring as taught by Toth ‘871 because it would avoid the weaknesses of remote password/PIN based authentication schemes wherein such user secrets are vulnerable to being discovered and "cracked" and also offer a solution that avoids the risks of e-credentials being stolen from network repositories for fraudulent purposes [0115].
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 does not disclose but Jiang ‘878 discloses: registering the identifier associated with the wearable device with the authentication service, wherein the identifier associated with the wearable device being registered with the authentication service is authenticated (FIG. 4, [0048], a method 400 for server-side registration of a wearable device (the wearable device); [0049], At 410, a wearable device registration request that is sent through a terminal is received at a server (the authentication service). The registration request can include a user identifier and a wearable device identifier of a user (the identifier associated with the wearable device); [0052], At 430, the wearable device is registered – registering the identifier associated with the wearable device with the authentication service; FIG. 2, [0023], a method 200 for server-side authentication of a user; [0024], At 210, an authentication request is received from a terminal ... include at least one of a user identifier of a user and a wearable device identifier of the user. The server 106 can store a relationship (through the server-side registration of a wearable device as shown in FIG. 4) between the user identifier, the wearable device identifier, and a server authentication key; [0034], At 240, the user is authenticated by the server – the identifier associated with the wearable device is authenticated).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 with the authentication of a user of a wearable device after server-side registration of the wearable device as taught by Jiang ‘878 because for registration and authentication by a user, the user does not need to input any account or password information, which can reduce the burden on the user [0007]. Additionally, Jiang ‘878 is analogous to the claimed invention because it teaches a method 400 for server-side registration of a wearable device [0048].
Per claim 13 (dependent on claim 10):
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 discloses the elements detailed in the rejection of claim 10 above, incorporated herein by reference.
The limitations of the claim(s) correspond(s) to features of claim 5 and the claim(s) is/are rejected for the reasons detailed with respect to claim 5.
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 as applied to claims 2 and 10 above, and further in view of Ghani et al., US-20220043521-A1 (hereinafter “Ghani ‘521”).
Per claim 7 (dependent on claim 2):
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 discloses the elements detailed in the rejection of claim 2 above, incorporated herein by reference.
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 does not disclose but Ghani ‘521 discloses: The method of claim 2, further comprising:
displaying one or more options associated with execution of the document via a graphical user interface (GUI) of the smart device based at least in part on the first communication; and
receiving, via the GUI of the smart device, a selection of an option from the one or more options, wherein the second communication is output via the smart device based at least in part on the selection of the option
(FIG. 3, [0031], an exemplary graphical user interface that allows a user to review a document to be signed (associated with execution of the document), according to some embodiments. Graphical user interface (GUI) 300 (displaying one or more options) may be provided to a user on their personal device (e.g., user device 104, signature pad 106; the smart device) to review a document before signing. GUI 300 may include a document preview component 302 for displaying a digital copy of the document to be signed; [0032], provide an expand button 304 to interact with the digital copy of the document (e.g., zoom, download, send, among others) ... start button 308 (a selection of an option from the one or more options) ... display a live video stream of a notary to witness the user and the execution of the physical document simultaneously).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 with the user device signing digitally a document via a GUI on the user device and providing a notary process through a video stream as taught by Ghani ‘521 because the system would enable a document to be digitally signed remotely regardless of jurisdiction, and further enables notarization to be performed remotely [0004]-[0005]. Additionally, Ghani ‘521 is analogous to the claimed invention because it teaches an exemplary graphical user interface that allows a user to review a document to be signed [0031].
Per claim 15 (dependent on claim 10):
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 discloses the elements detailed in the rejection of claim 10 above, incorporated herein by reference.
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 does not disclose but Ghani ‘521 discloses: The method of claim 10, further comprising:
displaying one or more options associated with execution of the document via a graphical user interface (GUI) of the smart device based at least in part on receiving the first communication; and
receiving, via the GUI of the smart device, a selection of an option from the one or more options, wherein transmitting the request to digitally sign the document via the second communication is based at least in part on receiving the selection of the option
(FIG. 3, [0031], an exemplary graphical user interface that allows a user to review a document to be signed (associated with execution of the document), according to some embodiments. Graphical user interface (GUI) 300 (displaying one or more options) may be provided to a user on their personal device (e.g., user device 104, signature pad 106; the smart device) to review a document before signing. GUI 300 may include a document preview component 302 for displaying a digital copy of the document to be signed; [0032], provide an expand button 304 to interact with the digital copy of the document (e.g., zoom, download, send, among others) ... start button 308 (a selection of an option from the one or more options) ... (in response to transmitting the request to digitally sign the document) display a live video stream of a notary to witness the user and the execution of the physical document simultaneously).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 with the user device signing digitally a document via a GUI on the user device and providing a notary process through a video stream as taught by Ghani ‘521 because the system would enable a document to be digitally signed remotely regardless of jurisdiction, and further enables notarization to be performed remotely [0004]-[0005].
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 as applied to claim 10 above, and further in view of Adluri, US- 20200076612-A1 (hereinafter “Adluri ‘612”).
Per claim 16 (dependent on claim 10):
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 discloses the elements detailed in the rejection of claim 10 above, incorporated herein by reference.
EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 does not disclose but Adluri ‘612 discloses: The method of claim 10 wherein the reference to the digitally signed document comprises a registered storage location (FIG. 3, [0043], a method or process 200 for electronic or digital document signing using blockchain ... at 206, the sender may login or the website or mobile application of the document management provider, e.g., by inputting user credentials or other suitable authentication information; [0045], When the documents have been uploaded and signed ... the uploaded and signed document(s) are provided to and stored in a cloud-based file storage platform 20, e.g., AWS S3 or IPFS (at 216) – providing a registered storage location for each account ... the document management provider provides a notification (the reference to the digitally signed document) that the document(s) have be uploaded or signed by the sender).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified EINBERG ‘416 in view of HASHIMOTO ‘608 and Toth ‘871 and Sanchez ‘673 with the uploading of a digitally signed document into a cloud-based file storage along with a notification as taught by Adluri ‘612 because the system would provide secure transfer of digitally signed documents that provide tamper proof document transaction histories, increased security for better fraud prevention, and faster transmission confirmations [0002]. Additionally, Adluri ‘612 is analogous to the claimed invention because it teaches electronic or digital document signing using blockchain [0043].
Allowable Subject Matter
Claim(s) 4, 6, 8, 12 and 14 is/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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANGSEOK PARK whose telephone number is (571)272-4332. The examiner can normally be reached Monday-Friday 7:30-5:30 and Alternate Fridays 9:00 am-5:00 pm.
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/SANGSEOK PARK/Primary Examiner, Art Unit 2499