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 preliminary amendment filed on 4/11/25. Claims 3-8 amended. Claims 1-8 are pending and an action on the merits is as follows.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “primary communication means”, “communication means”, “secondary communication means”, in claims 1, 3, 7, 8.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 2-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hoyer et al. US Publication No. 20170019765A1.
Re Claim 1, Hoyer discloses a proximity card addon (108), and arranged to be attached to a proximity card (110) , said proximity card (110) comprising: - a chargeable battery (P136) ;
primary communication means, arranged for communication with a proximity card, wherein said proximity card comprising communication means arranged for Near Field Communication, NFC, with a card reader to exchange authorization data of a user of said card to a restricted area (P12, P18, P29, P43, P44, P46;
secondary communication means, arranged for communication with a mobile user equipment such as a mobile phone and devices (P11, P12, P52, , P75) within said restricted area through Wireless Personal Area Network, WPAN, communication with said mobile user equipment (124; fig. 1A) and said devices in said restricted area (P11, P12, P18, P43, P47, P52, P75) ;
a controller (216, 408; Figs. 2 and 4), arranged for control of said primary and said secondary communication means, and to operate said secondary communication means in an active scanning mode, for transmitting inquiry message and receiving response messages from said devices in said restricted area (figs. 1A-1C, P12… if wireless the communication device may broadcast physical location information continuous or periodically , wherein said controller is further arranged for transmitting to said mobile user equipment said response messages from said devices in said restricted area(P18, 52, 75, 76, 116-121; also see Paragraphs 12 and 18).
Hoyer fail to disclose a proximity card addon having a ISO/IEC7810 type ID-1 formfactor.
However Hoyer discloses a card addon in the shape of card or badge holder (P9, P10, P56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Hoyer with a card addon having a form or a shape according to an ISO standard such as an ISO/IEC7810 type ID-1 formfactor since such modification is an obvious matter of design choice and relate only to ornamentation or design which have no mechanical function cannot be relied upon for patentable distinction between the claimed invention and prior art.
Re Claim 2, Hoyer discloses the proximity card addon according to claim 1, wherein said controller is arranged for Out-Of-Band communication (Figs. 2 and 4; P12, P18, 29, P30, P43, P46, P52, P63, P75-P76, P116-121, using Out-of-band communication is implicitly disclosed) .
Re Claim 3, Hoyer discloses the proximity card addon according to claim 1, wherein said controller is arranged for Out-Of-Band communication wherein controller establishes a first communication channel over said primary communication means, initiating establishing a second communication channel over said secondary communication means, to exchange data between said mobile user equipment and said devices in said restricted area (P12, P18, 29, P30, P43, P46, P52, P63, P75-P76, P116-121).
Re Claim 4, Hoyer discloses the proximity card addon according to claim 3, wherein said first communication channel is established as an NFC channel, by said proximity card addon to be in close proximity with said mobile user equipment P44, P63).
Re Claim 5, Hoyer discloses the proximity card addon according to claim 1, wherein said controller is further arranged for transmitting to said mobile user
equipment said received authorization data from said proximity card (P12, P18, 29, P30, P43, P46, P52, P63, P75-P76, P116-121; Figs. 2 and 4).
Re Claim 6, Hoyer discloses the proximity card addon according to
claim 1, further comprising: a charging unit, in electronic communication with said chargeable battery and said controller, and arranged for wireless charging of said chargeable battery (P10, wireless recharge, P37, P39: inductive , P69 and 126).
Re Claim 7, Hoyer discloses the proximity card addon according to claim 1, wherein said controller is further arranged for transmitting to said mobile user
equipment said authorization data of said user of said card to said restricted area, received through said primary communication means (P12, P18, 29, P30, P43, P46, P52, P63, P75-P76, P116-121; Figs. 2 and 4).
Re Claim 8, Hoyer discloses the proximity card addon according to claim 1, wherein said primary and secondary communication means are integrated into a single
communication unit arranged for establishing a primary communication channel with said proximity card, and a secondary communication channel with said mobile user equipment and with said devices in said restricted area (P12, P18, 29, P30, P43, P46, P52, P63, P75-P76, P116-121; Figs. 2 and 4).
Conclusion
The following reference is cited but not relied upon:
Garrity et al discloses a Smart Card Transmitter Apparatus.
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.
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SONJI N. JOHNSON
Examiner
Art Unit 2876
/SONJI N JOHNSON/ Primary Examiner, Art Unit 2876