Obviousness

The obviousness analysis under 35 U.S.C. § 103 requires determining whether "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." This involves identifying a motivation to combine existing prior art references to arrive at the claimed invention.

For US Patent 12028793, the priority date is November 4, 2008. Therefore, any prior art used in an obviousness rejection must have a publication or effective filing date before November 4, 2008.

Let's examine the provided "Prior art keywords" and the "Citations" and "Family Cites Families" sections of the patent to identify potential combinations for an obviousness argument.

Prior Art Keywords:

• function
• responsive
• physiological parameter
• criterion
• wireless device

These keywords highlight key aspects of the claims, particularly the sensing of a physiological parameter, evaluating it against a criterion, and enabling functions on a wireless device.

Analysis of Independent Claim 1 (Method Claim):

Independent Claim 1 involves:

1. Sensing a physiological parameter.
2. Determining if it satisfies a criterion.
3. Enabling a first function if the criterion is met.
4. Requesting authorization to establish a financial transaction function (while the first function is enabled, and the physiological parameter criterion is met).
5. Receiving authorization.
6. Establishing the financial transaction function.
7. Using the financial transaction function to pay for a product when proximity to a vendor's access point is satisfied and the physiological parameter criterion is met, involving wirelessly transmitting information using unlicensed frequencies and deducting money from an account.

Potential Combination 1: US20060165060A1 (Dua) + US6595929B2 (Bodymedia, Inc.) + US20030172028A1 (IBM)

• US20060165060A1 (Dua): "Method and apparatus for managing credentials through a wireless network". This reference, published July 27, 2006 (before the 2008 priority date), teaches managing credentials and authorization through a wireless network, which is relevant to requesting and receiving authorization for a financial transaction.
• US6595929B2 (Bodymedia, Inc.): "System for monitoring health, wellness and fitness having a method and apparatus for improved measurement of heat flow". This patent, issued July 22, 2003 (before the 2008 priority date), discloses systems for monitoring physiological parameters, such as heat flow. It would make obvious the initial steps of sensing a physiological parameter and determining if it satisfies a criterion.
• US20030172028A1 (IBM): "Authorization of payment for a commercial transaction via a bluetooth enabled device". This publication, from September 11, 2003 (before the 2008 priority date), teaches authorization of payments for commercial transactions using a wireless device (specifically Bluetooth). It would make obvious the use of a wireless device to conduct a financial transaction by paying for a product upon satisfying a proximity condition. The use of "unlicensed frequencies" (like Bluetooth or WiFi) for short-range communication in financial transactions was also known.

Motivation to Combine:
A person having ordinary skill in the art (PHOSITA) in 2008, seeking to enhance the security and user experience of mobile financial transactions, would have been motivated to combine these references.

• The motivation to combine Bodymedia, Inc. and IBM would be to add a layer of physiological authentication to existing wireless payment systems. For example, a user's physiological state (e.g., heart rate within a normal range, indicating alertness and conscious intent) could be used as an additional security measure before authorizing a payment, rather than solely relying on proximity or a simple password.
• The inclusion of Dua would then provide the framework for managing credentials and obtaining authorization within such a physiologically-controlled wireless transaction system. Dua's focus on credential management through a wireless network aligns with the need to securely request and receive authorization for the financial transaction function.

Therefore, a PHOSITA would have been motivated to combine the physiological parameter sensing and criterion determination from Bodymedia, Inc. with the wireless financial transaction authorization from IBM, and integrate the secure credential management aspects taught by Dua, to create a more secure and context-aware mobile payment system. The concept of enabling/disabling functions based on conditions, as broadly discussed in the "Background of the Invention" of US12028793, was a known desire.

Analysis of Independent Claim 5 (Wireless Device Claim):

Independent Claim 5 describes a wireless device (smartphone with a sensor) performing similar operations to Claim 1.

Potential Combination 2: US20060165060A1 (Dua) + US6595929B2 (Bodymedia, Inc.) + US20030172028A1 (IBM) + US20070178935A1 ([[Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.), Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.))

• US20060165060A1 (Dua), US6595929B2 (Bodymedia, Inc.), US20030172028A1 (IBM): As discussed above, these references establish the physiological sensing, authorization management, and wireless financial transaction aspects.
• US20070178935A1 (Samsung Electronics Co., Ltd.): "Apparatus and method for changing operation mode of dual mode terminal". This publication, from August 2, 2007 (before the 2008 priority date), teaches a dual-mode terminal changing its operation mode. This directly addresses the "enabling at least one first function of the wireless device and disabling a second function of the wireless device" as recited in dependent claim 6, and broadly supports the concept of adaptively enabling/disabling functions on a wireless device (smartphone).

Motivation to Combine:
A PHOSITA in 2008 would have been motivated to integrate the adaptive mode changing capabilities of a device, as taught by Samsung, with the physiologically-controlled financial transaction system described by the combination of Bodymedia, Inc., IBM, and Dua.

• The Samsung reference explicitly describes changing operation modes based on conditions, which aligns with the inventive concept of enabling/disabling functions. A PHOSITA would readily understand that a "first function" and "second function" in a smartphone could be enabled or disabled based on various criteria, including physiological parameters.
• The motivation would be to create a smart device that not only uses physiological parameters for secure transactions but also adaptively manages its other functionalities (e.g., enabling a "wallet mode" and perhaps disabling certain distracting or power-intensive functions when a transaction is imminent and physiological parameters indicate readiness).

Therefore, combining these four references would render Claim 5, and its dependent claims like Claim 6, obvious. The elements of sensing physiological parameters, using them for authorization, conducting wireless financial transactions, and dynamically enabling/disabling device functions were all known in the prior art, and a PHOSITA would have had a clear motivation to integrate these concepts to develop a more secure, intelligent, and context-aware smartphone for financial transactions.