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 office action is in response to application 19/254,532 filed 6/30/25. Claims 1-10 and 12-21 are pending with claims 1, 12, and 18 in independent form.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-6, 12, 15-16, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. JP 2020017247A (machine translation attached).
Lee teaches:
Re: claim 1, A computer-implemented method comprising: causing a display of a dynamic code (dynamic two-dimensional code) on a display device (display unit 320) for capture by a user device by periodically causing a display of a different frame from a plurality of frames of the dynamic code (fig. 6; pages 5-7 – n dummy QR codes 130 are output alternately with QR code 120), wherein only one of the plurality of frames of the dynamic code is capable of use (fig. 6; pages 5-7 – QR code 120) for verification (abstract; fig. 6; pages 5-7); receiving, from a computer system, a verification indication in response to the user device capturing and transmitting the one of the plurality of frames of the dynamic code to the computer system for the verification (abstract; pages 5-7 – if OTP authentication unit 336 determines that the OTP token value generated matches the OTP token value 122 extracted from the QR code, the OTP authentication unit 336 checks the QR code is authenticated as a correct QR code); and enabling an interaction based on the verification indication (pages 2-3 – enabling utilization of personal information and secure storage).
Re: claim 2, The computer-implemented method of claim 1, further comprising: generating the dynamic code (abstract; fig. 6; pages 5-6 - QR codes are generated).
Re: claim 3, The computer-implemented method of claim 1, wherein generating the dynamic code includes: generating each of the plurality of frames with at least one different sense point (abstract; fig. 6; pages 5-6 – dummy QR code 130 is temporary data that has an arbitrary value generated once).
Re: claim 4, The computer-implemented method of claim 1, further comprising: generating and transmitting, to the user device, a signal to cause the user device to capture the one of the plurality of frames (pages 5-6 – QR code reader 332 recognizes the n + 1 QR codes 120 and 130 output from the display unit 320).
Re: claim 5, The computer-implemented method of claim 4, wherein the plurality of frames are displayed in a loop, the one of the plurality of frames is displayed at a particular time in the loop (fig. 5-7; pages 5-7 – display unit 320 can repeatedly output the QR codes 130), and the signal is generated and transmitted based on the particular time (fig. 5-7; pages 5-7 – OTP generator 312 generates an OTP token value 122 based on the unique key and current time…QR code generator 318 receives the OTP token value 122 to generate a QR code 120).
Re: claim 6, The computer-implemented method of claim 1, wherein periodically causing the display of the different frame from the plurality of frames of the dynamic code comprises: changing the different frame displayed at a predetermined time interval (page 6 - display unit 320 alternately outputs a QR code 120 and dummy QR codes 130 in a cycle of T).
Re: claim 12, An interactive device comprising: a display (display unit 320) configured to periodically display a new frame, from a plurality of frames, of a dynamic code (fig. 6; pages 5-7 – n dummy QR codes 130 are output alternately with QR code 120); at least one memory storing instructions; and at least one processor configured to execute the instructions to perform operations comprising: providing, to the display (display unit 320), the new frame from the plurality of frames for periodic display (page 6 - display unit 320 alternately outputs a QR code 120 and dummy QR codes 130 in a cycle of T), wherein the plurality of frames include an authentication frame and one or more nonfunctional frames (fig. 6; pages 5-7 – n dummy QR codes 130 are output alternately with QR code 120); receiving, from a computer system, an indication of an authentication of a user device in response to the user device reading and transmitting the authentication frame to the computer system for the authentication (abstract; pages 5-7 – if OTP authentication unit 336 determines that the OTP token value generated matches the OTP token value 122 extracted from the QR code, the OTP authentication unit 336 checks the QR code is authenticated as a correct QR code); and facilitating an interaction based on the authentication (pages 2-3 – enabling utilization of personal information and secure storage).
Re: claim 15, The interactive device of claim 12, wherein the operations further include: generating the dynamic code (abstract; fig. 6; pages 5-6 - QR codes are generated), wherein each of the plurality of frames is generated to include at least one different sense point (abstract; fig. 6; pages 5-6 – dummy QR code 130 is temporary data that has an arbitrary value generated once).
Re: claim 16, The interactive device of claim 12, further comprising a communication interface configured to establish communication with the user device, and wherein the operations further comprise: generating and transmitting, to the user device, a signal to indicate to the user device the authentication frame to be captured and transmitted by the user device to the computer system (pages 5-6 – QR code reader 332 recognizes the n + 1 QR codes 120 and 130 output from the display unit 320).
Re: claim 18, A computer-implemented method comprising: as a computing device is periodically changing between a plurality of dynamic code frames displayed via the computing device (fig. 6; pages 5-7 – n dummy QR codes 130 are output alternately with QR code 120), receiving, from a user device, a captured frame, from the plurality of dynamic code frames, that is captured by the user device (pages 5-6 – QR code reader 332 recognizes the n + 1 QR codes 120 and 130 output from the display unit 320), wherein the plurality of dynamic code frames include a viable frame and a non- viable frame fig. 6; pages 5-7 – n dummy QR codes 130 are output alternately with QR code 120); when the captured frame is the viable frame indicative of an authentic user of the user device (abstract; pages 5-7 – if OTP authentication unit 336 determines that the OTP token value generated matches the OTP token value 122 extracted from the QR code, the OTP authentication unit 336 checks the QR code is authenticated as a correct QR code), generating and transmitting, to the computing device, an indication to enable an interaction between the computing device and the user device (pages 2-3 – enabling utilization of personal information and secure storage); and when the captured frame is the non-viable frame indicative of a fraudulent user of the user device, preventing the interaction (pages 2-3 – preventing utilization of personal information and secure storage).
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 1-10 and 12-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,587,064 B2 (hereinafter ‘064 patent) and over claims 1-20 of U.S. Patent No. 11,222,326 B2 (hereinafter ‘326 patent). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application recite similar limitations of the ‘064 and the ‘326 patents. For instance, in claim 1 of the instant application and in the ‘064 and ‘326 patents, the applicant claims:
Application No. 19/254,532
Patent No. 11,587,064 B2
Patent No. 11,222,326 B1
1. A computer-implemented method comprising: causing a display of a dynamic code on a display device for capture by a user device by periodically causing a display of a different frame from a plurality of frames of the dynamic code, wherein only one of the plurality of frames of the dynamic code is capable of use for verification; receiving, from a computer system, a verification indication in response to the user device capturing and transmitting the one of the plurality of frames of the dynamic code to the computer system for the verification; and enabling an interaction based on the verification indication.
1. A method, comprising: generating, by a first computing device, a first dynamic Quick Response (QR) code comprising a plurality of first QR code frames, wherein the plurality of first QR code frames comprises one or more non-viable first QR code frames and at least one viable first QR code frame; transmitting, by the first computing device, a first pulse to a first user device, wherein the first pulse notifies the first user device to capture the at least one viable first QR code frame at a first time; capturing, by the first user device at the first time and in response to receiving the first pulse, the at least one viable first QR code frame; authenticating, by the first user device, a first user of the first user device; receiving, at the first computing device and from the first user device, a request to complete a transaction; responsive to authenticating the first user of the first user device, generating, by the first user device, a second dynamic QR code comprising a plurality of second QR code frames, wherein the plurality of second QR code frames comprises one or more non-viable second QR code frames and at least one viable second QR code frame; transmitting, by the first user device, a second pulse to the first computing device, wherein the second pulse notifies the first computing device to capture the at least one viable second QR code frame at a second time; capturing, by the first computing device at the second time and in response to receiving the second pulse, the at least one viable second QR code frame; and completing, by the first computing device, the transaction.
1. A method, comprising: establishing a wireless connection between a first user device and a first computing device; generating, by the first computing device, a first dynamic Quick Response (QR) code comprising a plurality of first QR code frames, wherein each first QR code frame of the plurality of first QR code frames is transmitted at a first frequency, and wherein the plurality of first QR code frames comprises one or more non-viable first QR code frames and at least one viable first QR code frame; displaying, by the first computing device, the first dynamic QR code, wherein the at least one viable first QR code frame is displayed at a first time; transmitting, by the first computing device, a first pulse to the first user device, wherein the first pulse notifies the first user device to capture the at least one viable first QR code frame; capturing, by the first user device at the first time and in response to receiving the first pulse, the at least one viable first QR code frame; authenticating, by the first user device, a first user of the first user device; receiving, at the first computing device and from the first user device, a request to complete a transaction; responsive to authenticating the first user of the first user device, generating, by the first user device, a second dynamic QR code comprising a plurality of second QR code frames, wherein each second QR code frame of the plurality of second QR code frames is transmitted at a second frequency, and wherein the plurality of second QR code frames comprises one or more non-viable second QR code frames and at least one viable second QR code frame; displaying, by the first user device, the second dynamic QR code, wherein the at least one viable second QR code frame is displayed at a second time; transmitting, by the first user device, a second pulse to the first computing device, wherein the second pulse notifies the first computing device to capture the at least one viable second QR code frame; capturing, by the first computing device at the second time and in response to receiving the second pulse, the at least one viable second QR code frame; and completing, by the first computing device, the transaction.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of claims 1-20 of the ‘064 and ‘326 patents as a general teaching for a method and interactive device to perform the same function and method as claimed in the present invention. The claims of the instant application obviously encompass the claimed invention of the ‘064 and ‘326 patents and differ only in terminology.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTY A HAUPT whose telephone number is (571)272-8545 and email address is kristy.haupt@uspto.gov. The examiner can normally be reached on Mon-Sun 5:30 AM- 10PM; Flex during day.
If all attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Michael Lee, can be reached at telephone number 571-272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTY A HAUPT/
Primary Examiner, Art Unit 2876
KAH