sman... it's a bit of a challange to export the imaged commentary into text format...

so I'll add it here.

RE: Application 13/759,353

REMARKS:

Claims 12-13, 15-16 and 18-20, and 2 5-41 are pending. No clams have been amended, are new, or cancelled. Applicants request that the submitted amendments and arguments be considered and that the Examiner place the claims in condition for allowance.

CLAIM REJECTIONS

Claim rejections under Pre-AIA 35 U.S.C. § 103(a)

Claims 12, 13, 15-16, 18-20, and 25-41 have been rejected under pre-AIA 35 U.S.C. § 103(a) as being unpatentable by U.S. Patent Publication No. 2008/0 180243 Aaron (Hereinafter “Aaron”) in view of U.S. Patent Publication No. 2010/0232653 Muquit (hereinafter “Muquit”). Applicants respectfully traverse the rejection.

I. There is no TSM for the combination of Aaron with Muquit

Aaron already identifies the user with a code word (password or voice recognition) [0029]. Voice recognition is a form of biometrics. There is no TSM in Aaron to want to use both “received information” and “social statistics” to identify. Aaron teaches using only the code word to identify and doesn’t mention or hint at using something else. There is no TSM in Aaron to use both the code word and a fingerprint of Muquit together to identify.

II. The claimed subject matter involves non-obvious complexity; and the elements in combination do not merely perform the function that each element performs separately

Aaron discloses and teaches using a purely active identification method to identify a user (a code word). Muquit discloses and teaches a purely active identification method to identify a user (a finger print). However, the claimed subject matter is a passive identification method . Passive technology means the user is not immediately aware of the choice to use it. Another way of stating this is that active technologies involve specific activation. Active identification is less complex than passive identification. In Aaron the user speaks the code word, and the mobile device is trained to recognize it; this is an active system. In Muquit the user scans their fingerprint, and the device is trained to recognize it; this is also an active system.

In contrast, the claimed subject matter’s combination of “received information and one or more social statistics” is passive identification and is not merely performing what these elements are doing separately. The claimed subject matter can, for example, determine a user’s identity walking up to use an ATM passively without the user being aware of it. See current application [00121] & [00137] for examples.

Thus, the claimed subject matter is novel and non-obvious given Aaron and Muquit, because the cited art are missing key elements and provide no TSM as to the prior claimed subject matter or the current claimed subject matter. Moreover, the claimed elements in combination do not merely perform the function that each element of Aaron and Muquit perform separately.

Thus, independent claims 12, 33, 38 and 40 are allowable. Claims 13, 15-16, 18-19, 2 5-41 depend from allowable claims and are at least allowable based on their dependency on an allowable independent claim.

Thus, Applicants respectfully request that the rejections under pre-AIA 35 U.S.C. §103 be removed and the present claims allowed.

Applicants respectfully request reconsideration and withdrawal of each of the objections and rejections, as well as an indication of the allowability of each of the pending claims.

Any changes to the claims in this response, which have not been specifically noted to overcome a rejection based upon the cited references, should be considered to have been made for a purpose unrelated to patentability (such as for clarity), and no estoppel should be deemed to attach thereto.

The Examiner is invited to contact the undersigned agent at the telephone number listed below if such a call would in any way facilitate allowance of this application.

Respectfully submitted,

Mary Fales

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