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 .
The Application number 18/999,053 filed on 12/23/2024 has been considered. Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/23/2024 is being considered by the examiner.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-3, 8-10 and 14-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7 and 13 of U.S. Patent No. 10,142,338, claims 1, 8 and 15 of U.S. Patent No. 11,689,529, claims 1, 4, 8, 11, 15 and 18 of U. S. Patent No. 11,178,146, and/or claims 1, 8 and 15 of U.S. Patent No. 12,218,940 in view of Kraft (US 2013/0191898). The claims 1, 7 and 13 of U.S. Patent No. 10,142,338, claims 1, 8 and 15 of U.S. Patent No. 11,689,529, claims 1, 4, 8, 11, 15 and 18 of U. S. Patent No. 11,178,146, and/or claims 1, 8 and 15 of U.S. Patent No. 12,218,940 do not explicitly disclose the limitation transmitting, by the server over the electronic network, the authenticated identity information and the authenticated credential information associated with the user based on the authentication result to a marketplace database, wherein the marketplace database allows access by a third-party retailer to the authenticated identity information and the authenticated credential information. However, Kraft discloses transmitting, by the server over the electronic network, the authenticated identity information and the authenticated credential information associated with the user based on the authentication result to a marketplace database, wherein the marketplace database allows access by a third-party retailer to the authenticated identity information and the authenticated credential information (Abstract, FIG. 5-7, ¶ [0063], [0112], [0138]-[0153]). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the limitations recited in the U.S. Patent No. 10,142,338, U.S. Patent No. 11,689,529, U. S. Patent No. 11,178,146, and/or U.S. Patent No. 12,218,940 and Kraft in order to facilitate transactions in which verification and/or authentication of the identity of transacting parties, characteristics of the transacting parties, and trust between transacting parties are important components of the transactions (Kraft, ¶ [0002]-[0010]).
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1, 3-8 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Noë (US 8,281,379) in view of Kraft (US 2013/0191898).
Regarding claim 1, Noë discloses a computer-implemented method for online authentication of online attributes, the method including:
determining, by a server over an electronic network, whether a user account is associated with a user, wherein the user is associated with identity information and credential information, wherein the user account is associated with authentication data (FIG. 1-2, col. 3, line 47-col. 4, line 52, col. 5, lines 10-45; i.e. the authentication service verifies the end-user or account using the user identification information and credentials, wherein the end-user or account is associated with at least authentication trust level and its expiration information);
receiving, at the server over the electronic network, an authentication result based on the identity information, the credential information, and the authentication data, wherein the authentication result includes authenticated identity information and authenticated credential information (FIG. 1-2, col. 3, line 47-col. 4 line 52, col. 5 lines 10-42; i.e. the authorization service receives the authentication ticket providing the authentication trust level based on the end-user and credentials).
Noë does not explicitly disclose transmitting, by the server over the electronic network, the authenticated identity information and the authenticated credential information associated with the user based on the authentication result to a marketplace database, wherein the marketplace database allows access by a third-party retailer to the authenticated identity information and the authenticated credential information.
However, Kraft discloses transmitting, by the server over the electronic network, the authenticated identity information and the authenticated credential information associated with the user based on the authentication result to a marketplace database, wherein the marketplace database allows access by a third-party retailer to the authenticated identity information and the authenticated credential information (Abstract, FIG. 5-7, ¶ [0063], [0112], [0138]-[0153]).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine Noë and Kraft in order to facilitate transactions in which verification and/or authentication of the identity of transacting parties, characteristics of the transacting parties, and trust between transacting parties are important components of the transactions (Kraft, ¶ [0002]-[0010]).
Regarding claim 3, Noë in view of Kraft discloses the method of claim 1, further including: updating, by the server, the authentication data associated with the user account with the authenticated identity information and the authenticated credential information based on the authentication result (Kraft, FIG. 7-8, ¶ [0138]-[0149]).
Regarding claim 4, Noë in view of Kraft discloses the method of claim 1, wherein the third-party retailer provides incentives, advertisements, or offers, to the user based on the authenticated identity information and the authenticated credential information stored in the marketplace database (Kraft, ¶ [0138]-[0149]).
Regarding claim 5, Noë in view of Kraft discloses the method of claim 1, further including: segmenting, by the marketplace database, the authenticated identity information and the authenticated credential information into data segments (Kraft, FIG. 7-8, ¶ [0138]-[0149]).
Regarding claim 6, Noë in view of Kraft discloses the method of claim 5, wherein the third-party retailer provides incentives, advertisements, or offers, to the user based on the data segments (Kraft, FIG. 7-8, ¶ [0138]-[0149]).
Regarding claim 7, Noë in view of Kraft discloses the method of claim 1, further including: providing, by the marketplace database to the third-party retailer, incentive information associated with the user, wherein the incentive information includes balances, credits, or redemptions (Kraft, ¶ [0138]-[0149]).
Regarding claim 8, Noë discloses a system comprising:
a data storage device that stores instructions for online authentication of online attributes (FIG. 1-3, col. 8, lines 34-38); and
one or more processors configured to execute the instructions to perform a method including (FIG. 1-3, col. 8, lines 34-38):
determining whether a user account is associated with a user, wherein the user is associated with identity information and credential information, wherein the user account is associated with authentication data (FIG. 1-2, col. 3, line 47-col. 4, line 52, col. 5, lines 10-45; i.e. the authentication service verifies the end-user or account using the user identification information and credentials, wherein the end-user or account is associated with at least authentication trust level and its expiration information);
receiving an authentication result based on the identity information, the credential information, and the authentication data, wherein the authentication result includes authenticated identity information and authenticated credential information (FIG. 1-2, col. 3, line 47-col. 4 line 52, col. 5 lines 10-42; i.e. the authorization service receives the authentication ticket providing the authentication trust level based on the end-user and credentials).
Noë does not explicitly disclose transmitting the authenticated identity information and the authenticated credential information associated with the user based on the authentication result to a marketplace database, wherein the marketplace database allows access by a third-party retailer to the authenticated identity information and the authenticated credential information.
However, Kraft discloses transmitting the authenticated identity information and the authenticated credential information associated with the user based on the authentication result to a marketplace database, wherein the marketplace database allows access by a third-party retailer to the authenticated identity information and the authenticated credential information (Abstract, FIG. 5-7, ¶ [0063], [0112], [0138]-[0153]).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine Noë and Kraft in order to facilitate transactions in which verification and/or authentication of the identity of transacting parties, characteristics of the transacting parties, and trust between transacting parties are important components of the transactions (Kraft, ¶ [0002]-[0010]).
Regarding claim 10, Noë in view of Kraft discloses the system of claim 8, wherein the method further includes: updating the authentication data associated with the user account with the authenticated identity information and the authenticated credential information based on the authentication result (Kraft, FIG. 7-8, ¶ [0138]-[0149]).
Regarding claim 11, Noë in view of Kraft discloses the system of claim 8, wherein the third-party retailer provides incentives, advertisements, or offers, to the user based on the authenticated identity information and the authenticated credential information stored in the marketplace database (Kraft, ¶ [0138]-[0149]).
Regarding claim 12, Noë in view of Kraft discloses the system of claim 8, wherein the method further includes: segmenting, by the marketplace database, the authenticated identity information and the authenticated credential information into data segments (Kraft, FIG. 7-8, ¶ [0138]-[0149]).
Regarding claim 13, Noë in view of Kraft discloses the system of claim 12, wherein the third-party retailer provides incentives, advertisements, or offers, to the user based on the data segments (Kraft, FIG. 7-8, ¶ [0138]-[0149]).
Regarding claim 14, Noë in view of Kraft discloses the system of claim 8, wherein the method further includes: providing, to the third-party retailer, incentive information associated with the user, wherein the incentive information includes balances, credits, or redemptions (Kraft, ¶ [0138]-[0149]).
Regarding claim 15, Noë discloses a non-transitory computer-readable medium storing instructions that, when executed by a computer, cause the computer to perform a method for online authentication of online attributes, the method including:
determining, by a server over an electronic network, whether a user account is associated with a user, wherein the user is associated with identity information and credential information, wherein the user account is associated with authentication data (FIG. 1-2, col. 3, line 47-col. 4, line 52, col. 5, lines 10-45; i.e. the authentication service verifies the end-user or account using the user identification information and credentials, wherein the end-user or account is associated with at least authentication trust level and its expiration information);
receiving, at the server over the electronic network, an authentication result based on the identity information, the credential information, and the authentication data, wherein the authentication result includes authenticated identity information and authenticated credential information (FIG. 1-2, col. 3, line 47-col. 4 line 52, col. 5 lines 10-42; i.e. the authorization service receives the authentication ticket providing the authentication trust level based on the end-user and credentials).
Noë does not explicitly disclose transmitting, by the server over the electronic network, the authenticated identity information and the authenticated credential information associated with the user based on the authentication result to a marketplace database, wherein the marketplace database allows access by a third-party retailer to the authenticated identity information and the authenticated credential information.
However, Kraft discloses transmitting, by the server over the electronic network, the authenticated identity information and the authenticated credential information associated with the user based on the authentication result to a marketplace database, wherein the marketplace database allows access by a third-party retailer to the authenticated identity information and the authenticated credential information (Abstract, FIG. 5-7, ¶ [0063], [0112], [0138]-[0153]).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine Noë and Kraft in order to facilitate transactions in which verification and/or authentication of the identity of transacting parties, characteristics of the transacting parties, and trust between transacting parties are important components of the transactions (Kraft, ¶ [0002]-[0010]).
Regarding claim 16, Noë in view of Kraft discloses the non-transitory computer-readable medium of claim 15, wherein the method further includes: updating, by the server, the authentication data associated with the user account with the authenticated identity information and the authenticated credential information based on the authentication result (Kraft, FIG. 7-8, ¶ [0138]-[0149]).
Regarding claim 17, Noë in view of Kraft discloses the non-transitory computer-readable medium of claim 15, wherein the third-party retailer provides incentives, advertisements, or offers, to the user based on the authenticated identity information and the authenticated credential information stored in the marketplace database (Kraft, ¶ [0138]-[0149]).
Regarding claim 18, Noë in view of Kraft discloses the non-transitory computer-readable medium of claim 15, wherein the method further includes: segmenting, by the marketplace database, the authenticated identity information and the authenticated credential information into data segments (Kraft, FIG. 7-8, ¶ [0138]-[0149]).
Regarding claim 19, Noë in view of Kraft discloses the non-transitory computer-readable medium of claim 18, wherein the third-party retailer provides incentives, advertisements, or offers, to the user based on the data segments (Kraft, FIG. 7-8, ¶ [0138]-[0149]).
Regarding claim 20, Noë in view of Kraft discloses the non-transitory computer-readable medium of claim 19, wherein the method further includes: providing, by the marketplace database to the third-party retailer, incentive information associated with the user, wherein the incentive information includes balances, credits, or redemptions (Kraft, ¶ [0138]-[0149]).
Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Noë (US 8,281,379) in view of Kraft (US 2013/0191898) and further in view of Tilton (US 2014/0215586) and Himawan et al. (US 2013/0036303 hereinafter Himawan).
Regarding claim 2, Noë in view of Kraft discloses the method of claim 1.
Noë in view of Kraft does not explicitly disclose wherein the authentication data further includes a status identifier, wherein the status identifier is set to active, revoked, or suspended, wherein the status identifier is set to suspended while a revocation request is undergoing an evaluation for authenticity, and set to either active or revoked based on whether the revocation request is determined to be authentic or not, based on the evaluation.
However, Tilton discloses wherein the authentication data further includes a status identifier, wherein the status identifier is set to active, revoked, or suspended (¶ [0028], [0036]-[0039]).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine Noë, Kraft and Tilton in order to reduce authentication transaction costs and risks (Tilton, ¶ [0062]-[0064]).
Himawan discloses wherein the status identifier is set to suspended while a revocation request is undergoing an evaluation for authenticity, and set to either active or revoked based on whether the revocation request is determined to be authentic or not, based on the evaluation (¶ [0008]-[0009]).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine Noë, Kraft, Tilton and Himawan in order to verify the status of a digital certificate against a certificate status list managed by the relying party domain independent of the revocation status managed by the certificate holder’s domain certificate authority (Himawan, ¶ [0002]-[0011])
Regarding claim 9, see claim 2 above for the same reasons of rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHI D NGUY whose telephone number is (571)270-7311. The examiner can normally be reached Monday-Friday 9-5 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amir Mehrmanesh can be reached at (571)270-3351. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.D.N/Examiner, Art Unit 2435
/AMIR MEHRMANESH/Supervisory Patent Examiner, Art Unit 2435
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