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 .
DETAILED ACTION
This is in response to the communication filed on 01/17/2025. Claims 1-19 are pending in the application. Claims 1-19 are rejected.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 04/14/2025, 05/19/2025, 01/30/2026, 02/27/2026, 04/14/2026, 5/18/2026 and 05/27/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are 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. See 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); and 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) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(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.
Claims 1-19 of the instant application are rejected under the judicially created doctrine of obviousness type double patenting as being unpatentable over claims 1-19 of the commonly owned patent No. 12,627,658 B2.
In particular, claims 1, 9 and 14 of the instant application are being unpatentable over claims 1, 10 and 15 of the commonly owned patent No. 12,627,658 B2; claims 2-4, 10-11 and 15-16 of the instant application are being unpatentable over claims 2-4, 11-12 and 16-17 of the commonly owned patent No. 12,627,658 B2; claims 5-8, 12-13 and 17-19 of the instant application are being unpatentable over claims 5-9, 13-14 and 18-19 of the commonly owned patent No. 12,627,658 B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-19 of the commonly owned patent contains every element of claims 1-19 of the instant application and thus anticipate the claims of the instant application. Both the conflicting claim sets of the instant application and the commonly owned patent are directed to a method of creating encoded/ face-derived data used for identity verification.
Claims 1-19 of the instant application therefore are not patently distinct from the conflicting claim set of the commonly owned patent and as such are unpatentable over obvious-type double patenting. A later patent/application claims are not patentably distinct from an earlier claim if the later claims are anticipated by the earlier claims.
This is a non-statutory obviousness type double patenting rejection.
Allowable Subject Matter
Claims 1-19 would be allowable if rewritten or amended (or if a terminal disclaimer is filed) to overcome the obviousness type double patenting rejections, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Jones et al., US 2018/0260617 A1 teaches a document authentication system configured to support enhanced services with advanced security features within a document and by linking information embedded in the document with a secure infrastructure (See Jones et al., Abstract)
Mercier et al., US 2020/0252395 A1 teaches a method/ system of authentication of an electronic identity device/ card presented by an individual, the method being characterized in that it comprises the image representing at least one personal visual element of the individual and a dynamic verification code that are visible on said electronic identity device, said dynamic verification code containing at least one item of reference information representative of an expected appearance of said visual element. System utilizes a data processing means of the server for verifying that the extracted candidate information and reference information match (See Mercier et al, Abstract)
Janardhanan et al., US 2024/0333512 A1 teaches a method/ system for generating a verified data package. The method includes causing a prompt for a user to capture a self-portrait photograph to be displayed based at least in part on receiving the data. The method further includes receiving the self-portrait photograph based at least in part on the displayed prompt. The method further includes causing data and the self-portrait photograph to be transmitted to a server. The method further includes receiving, from the server, a verified data package comprising the biographical information, the portrait, and an attestation that the self-portrait photograph and the portrait are the user (See Janardhanan et al, Abstract)
A shortened statutory period for response to this action is set to expire in 3 (Three) months and 0 (Zero) days from the mailing date of this letter. Failure to respond within the period for response will result in ABANDOMENT of the application (see 35 U.S.C 133, M.P.E.P 710.02(b)). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANTO ABEDIN whose telephone number is 571-272-3551. The examiner can normally be reached on M-F from 8:30 AM to 6:30 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jung (Jay) Kim, can be reached on 571-272-3804. The RightFax number for faxing directly to the examiner is 571-273-3551.
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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/SHANTO ABEDIN/ Primary Examiner, Art Unit 2494
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