Ex Parte Borenstein

Patent Trial and Appeal Board

Sep 2, 2016

12428649 (P.T.A.B. Sep. 2, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
12/428,649 0412312009 Nathaniel S. Borenstein
61543 7590 09/07/2016
HOFFMAN WARNICK LLC
540 Broadway
4th Floor
ALBANY, NY 12207
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
CAM92007023lUS1 9364
EXAMINER
SIDDIQI, MOHAMMAD A
ART UNIT PAPER NUMBER
2493
NOTIFICATION DATE DELIVERY MODE
09/07/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
PTOCommunications@hoffmanwarnick.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte NATHANIEL S. BORENSTEIN
Appeal2015-006283
Application 12/428,649
Technology Center 2400
Before ROBERT E. NAPPI, CARLA M. KRIVAK, and
JEFFREY A. STEPHENS, Administrative Patent Judges.
NAPPI, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134(a) of the
Examiner's Final Rejection of claims 1-20. We have jurisdiction under
35 U.S.C. § 6(b).
We reverse.
INVENTION
The invention is directed to communication authentication using
multiple communication media. See Title of Appellant's Specification.
Claim 1 is illustrative of the invention and is reproduced below.
1. A method of authenticating a first individual for
communication with a second individual, the method
Appeal2015-006283
Application 12/428,649
compnsmg:
rece1vmg, on a first communication device, a first
communication from the first individual via a first
communication medium;
rejecting the first communication;
after rejecting the first communication, providing the first
individual with information for communicating with the second
individual via a second communication medium;
receiving, on the first communication device or a second
communication device, a second communication from the first
individual via the second communication medium; and
authenticating the first individual for communication with
the second individual via at least one of the first and second
communication medium.
REJECTIONS AT ISSUE
The Examiner has rejected claims 1, 2, 9, 12, 15, 16, and 20 under
35 U.S.C. § 102(e) as anticipated by Hom et al. (US 2012/0039452 Al;
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