Openlane, Inc.Download PDFPatent Trials and Appeals BoardAug 11, 202014941207 - (D) (P.T.A.B. Aug. 11, 2020) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/941,207 11/13/2015 Hovhannes TUMANYAN 015535-18056C-US 1017 154659 7590 08/11/2020 Lempia Summerfield Katz LLC / KAR Auction Services KAR Auction Services Inc. 20 S. Clark Street Suite 600 Chicago, IL 60603 EXAMINER LANE, GREGORY A ART UNIT PAPER NUMBER 2438 NOTIFICATION DATE DELIVERY MODE 08/11/2020 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): docket-us@lsk-iplaw.com mail@lsk-iplaw.com pair_lsk@firsttofile.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte HOVHANNES TUMANYAN Appeal 2019-002972 Application 14/941,207 Technology Center 2400 Before CARL W. WHITEHEAD JR., IRVIN E. BRANCH, and MICHAEL J. ENGLE, Administrative Patent Judges. ENGLE, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant1 appeals under 35 U.S.C. § 134(a) from the Examiner’s rejection of claims 21–46, which are all of the claims pending in the application. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM-IN-PART. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42(a). Appellant identifies Openlane, Inc. as the real party in interest. Appeal Br. 2. Appeal 2019-002972 Application 14/941,207 2 TECHNOLOGY The application relates to “system login and single sign-on.” Spec. Abstract. ILLUSTRATIVE CLAIM Claim 21 is illustrative and reproduced below: 21. A method comprising: receiving via a web page associated with a first application of a first system a selection of a link indicative of user input to access a protected application of a second system, the first application and the protected application running on at least one hardware processor; receiving identity information in the first system of a user generating the selection of the link; validating the identity information and extracting first account information corresponding to the identity information, wherein the first account information is information of a first account of the user in the first system, the first account information including a unique identifier of the user in the first system; accessing a mapping between the first account information of the user and at least one other account information of the user in other systems, the at least one other account information comprising at least second account information of the user in the second system in order to obtain one or more credentials associated with the user in the second system, the mapping correlating the first account information and the at least one other account information, wherein the second account information includes a unique identifier of the user in the second system and one or more credentials of the user in the second system; responsive to receipt of the selection of the link indicative of the user input to access the protected application of the second system: Appeal 2019-002972 Application 14/941,207 3 using the accessed mapping and the selection of the link indicative of the user input to select, from the at least one other account information, the second account information in order to access the one or more credentials associated with the user in the second system; generating an authentication token for use with the second system using the unique identifier of the user in the second system and the one or more credentials of the user in the second system; using the authentication token to login and authenticate the user to the second system; and transmitting information, received from the user, for submission to the protected application of the second system. REFERENCES The Examiner relies on the following prior art references: Name2 Number Date Bailey US 2008/0134295 A1 June 5, 2008 Curling US 2008/0320576 A1 Dec. 25, 2008 Farsedakis US 2010/0153278 A1 June 17, 2010 Luo US 2006/0206926 A1 Sept. 14, 2006 Mateer US 2011/0161206 A1 June 30, 2011 Medvinsky US 2007/0277231 A1 Nov. 29, 2007 Nguyen US 2006/0017549 A1 Jan. 26, 2006 Polis US 7,886,000 B1 Feb. 8, 2011 Spencer US 2010/0107225 A1 Apr. 29, 2010 Stephens US 2007/0294116 A1 Dec. 20, 2007 2 All reference citations are to the first named inventor only. Appeal 2019-002972 Application 14/941,207 4 REJECTIONS The Examiner makes the following rejections under 35 U.S.C. § 103: Claims References Final Act. 21, 30, 31, 33, 41, 42 Luo, Bailey, Spencer 3 22, 23, 34, 35 Luo, Bailey, Spencer, Farsedakis 13–14 24, 25, 36, 37 Luo, Bailey, Spencer, Farsedakis, Stephens 16 26 Luo, Bailey, Spencer, Farsedakis, Stephens, Mateer 19 27, 38 Luo, Bailey, Spencer, Farsedakis, Stephens, Nguyen 19 28, 29, 39, 40 Luo, Bailey, Spencer, Curling 21 32 Luo, Bailey, Spencer, Medvinsky 24 43–46 Luo, Bailey, Spencer, Polis 25 ISSUES 1. Did the Examiner err in concluding that the combination of Luo, Bailey, and Spencer rendered claim 1 obvious? 2. Did the Examiner err in finding the combination of Luo, Bailey, Spencer, Farsedakis, and Stephens teaches or suggests “the link is indicative to the first system of enabling creation of a vehicle record on the second system,” as recited in claim 24? 3. Did the Examiner err in finding the combination of Luo, Bailey, Spencer, and Curling teaches or suggests “receiving input to select an organization from the plurality of organizations,” as recited in claim 28? 4. Did the Examiner err in finding the combination of Luo, Bailey, Spencer, and Polis teaches or suggests “the selection of the link to the second system triggers sign-on of the user to the first system,” as recited in claim 43? Appeal 2019-002972 Application 14/941,207 5 ANALYSIS Claims 21 and 33 Appellant argues that the “combination of Luo and Bailey is not proper since the references teach away from the combination.” Appeal Br. 7. In particular, Appellant argues: Independent claims 21 and 33 require two predicate acts in order to transmit the credentials for the second system: (1) receiving identity information (e.g., credentials) in order to validate the user for the first system; and (2) selection of the link to access the second system. In this regard, the credentials for the second system are transmitted only after these two predicate acts. Reply Br. 3–4; see also Appeal Br. 8. According to Appellant, neither Luo nor Bailey teach these two predicate acts: Luo teaches that the same credentials input for access to the portal are transmitted responsive to activating the hyperlink . . . . Bailey teaches that the credentials for all connected systems are transmitted when one system is validated (e.g., validation for access to “BobWork” results in automatically transmitting the mapped credentials for “BobHome” and “BobAlt”). Reply Br. 4; see also Appeal Br. 7–8. Appellant’s argument does not persuade us of Examiner error. “A reference does not teach away . . . if it merely expresses a general preference for an alternative invention but does not criticize, discredit, or otherwise discourage investigation into the invention claimed.” DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc., 567 F.3d 1314, 1327 (Fed. Cir. 2009) (quotation omitted). Here, Appellant has not pointed to any evidence that Luo or Bailey criticizes, discredits, or otherwise discourages investigation into the invention claimed. Appellant merely points out that Luo and Bailey each individually teach a different way of signing in, but teaching an alternative way is not teaching away. Appeal 2019-002972 Application 14/941,207 6 Moreover, “[n]on-obviousness cannot be established by attacking references individually where the rejection is based upon the teachings of a combination of references.” In re Merck & Co., 800 F.2d 1091, 1097 (Fed. Cir. 1986). Here, the Examiner relied on Spencer for teaching the claimed “responsive to” and “using the accessed mapping and the selection of the link” limitations. Final Act. 6–7. Yet Appellant has not addressed Spencer. See Reply Br. 2–5; see also Appeal Br. 5–9. Further, Appellant merely attacks Luo and Bailey individually, but has not sufficiently addressed the combination of Luo and Bailey (e.g., when the user clicks the link as in Luo, looking to Bailey’s mapping for the second username and password). See Final Act. 3–6 (relying on Luo for “selection of a link” but Bailey for the claimed “mapping”). Accordingly, we sustain the Examiner’s rejection of independent claims 21 and 33. Claims 24 and 36 Dependent claim 24 recites “the link is indicative to the first system of enabling creation of a vehicle record on the second system.” Dependent claim 36 recites a commensurate limitation. The Examiner finds that Stephens discloses “a link selected by a user creates reservation information for a rental vehicle.” Final Act. 16–17 (citing Stephens ¶ 75). Appellant argues that “Stephens teaches that the user is already granted access to the reservation system” and therefore “is conducting an action in the current system – not in any second system (subject to validation).” Reply Br. 5–6. Appeal 2019-002972 Application 14/941,207 7 However, similar to the independent claims, Appellant is arguing Stephens individually, not in combination. The Examiner relied upon Luo, Bailey, and Spencer for teaching the claimed “systems,” including the link for the second system, and Appellant has not sufficiently addressed the Examiner’s combination concluding that it would have been obvious that Luo’s link could be for a rental vehicle reservation page, as taught by Stephens. See also Appeal Br. 9–10 (further attacking Luo individually). Accordingly, we sustain the Examiner’s rejection of claims 24 and 36. Claims 28 and 39 Dependent claim 28 recites “determining that the second account information of the user is associated with a plurality of organizations” and “receiving input to select an organization from the plurality of organizations.” Dependent claim 39 recites commensurate limitations. The Examiner relies on Bailey for the “determining” step and Curling for the “receiving” step. Final Act. 21–22. Appellant argues “Bailey teaches that signing on to one account results in signing on to all linked accounts” and thus “Bailey specifically teaches away from receiving any input, at the time of sign on, that affects which of the linked accounts are actually signed on.” Appeal Br. 10. However, similar to the independent claims, Appellant argues Bailey individually and does not sufficiently address the Examiner’s combination (e.g., when the user clicks the link as in Luo, looking to Bailey’s mapping for the second username and password and using Curling to select a particular organization from that mapping). As above, Appellant fails to identify any way in which Bailey criticizes, discredits, or otherwise discourages the claimed invention. Appeal 2019-002972 Application 14/941,207 8 Accordingly, we sustain the Examiner’s rejection of claims 28 and 39. Claims 43–46 Dependent claim 43 recites “the selection of the link to the second system triggers sign-on of the user to the first system.” Dependent claims 44–46 recite commensurate limitations. Appellant argues “Luo, used in combination with Polis, is directly contrary to the teaching and results in an inoperable combination” because “Luo requires the sign-on process [to the first system] before the hyperlink [to the second system] is selected.” Appeal Br. 11. We agree with Appellant. Luo and Polis teach logging into a second system after selecting a link, but the Examiner fails to explain how Luo or Polis, alone or in combination, teach or suggest logging into the first system after selecting the link. Instead, as Appellant points out (Appeal Br. 11), Luo discloses that “[p]ortal 40 is accessible by client computer 10 only after authentication of client’s credentials.” Luo ¶ 43. Therefore, Luo’s user would not have access to the link for the second system until after logging into the first system. Accordingly, we do not sustain the Examiner’s rejection of claims 43– 46. Remaining Claims Appellant does not argue the remaining claims or rejections separately. Accordingly, we affirm the Examiner’s rejections of dependent claims 22, 23, 25–27, 29–32, 34, 35, 37, 38, and 40–42. See 37 C.F.R. § 41.37(c)(1)(iv). Appeal 2019-002972 Application 14/941,207 9 OUTCOME The following table summarizes the outcome of each rejection: Claims Rejected 35 U.S.C. § References Affirmed Reversed 21, 30, 31, 33, 41, 42 103 Luo, Bailey, Spencer 21, 30, 31, 33, 41, 42 22, 23, 34, 35 103 Luo, Bailey, Spencer, Farsedakis 22, 23, 34, 35 24, 25, 36, 37 103 Luo, Bailey, Spencer, Farsedakis, Stephens 24, 25, 36, 37 26 103 Luo, Bailey, Spencer, Farsedakis, Stephens, Mateer 26 27, 38 103 Luo, Bailey, Spencer, Farsedakis, Stephens, Nguyen 27, 38 28, 29, 39, 40 103 Luo, Bailey, Spencer, Curling 28, 29, 39, 40 32 103 Luo, Bailey, Spencer, Medvinsky 32 43–46 103 Luo, Bailey, Spencer, Polis 43–46 OVERALL 21–42 43–46 TIME TO RESPOND No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.36(a)(1)(iv). AFFIRMED-IN-PART Copy with citationCopy as parenthetical citation