DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 12, 2025 has been entered.
Remarks
Pending claims for reconsideration are claims 1-26. Applicant has
Amended claims 1, 5, 10-11, 14, 16, 20, and 22.
Response to Arguments
Applicant’s arguments filed on November 12, 2025 have been fully considered but they are not persuasive.
In the remarks, applicant argues in substance:
In response to argument [Page 10: Para 3]- In regard to independent claims 1, 14, and 16 applicant argues that “…Cowburn describes a second device capturing an image of a body part of a user who corresponds to the first device, but not of
the first device itself. Moreover, once the image of the body part is collected, Cowburn employs "a human body recognition and classification process" to detect the body corresponding to the first device in the image, rather than detecting a representation corresponding to the first device appearing in an image that was captured in real time by the second device, …”. Examiner disagrees with applicant argument because applicant’s specification also describes an alternate method of authentication using a “profile image” being a “user associate with first device” and “captured user image” (see, Applicant’ specification: Para 0013). Therefore, Cowburn live authentication using a user body parts rather than a “device image” is also applicable because the alternate method of authentication achieves the desired result and clearly described in applicant’s specification (see, Applicant’ specification: Para 0031, 0046, 0048, and Claim 8).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “substantially” in claims 1, and 14 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Appropriate correction is requested.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if 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. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-26 are rejected under 35 U.S.C. 103 as being unpatentable over Azizi et al. (U.S. Patent No.: US 8,594,632 B1 / or “Azizi” hereinafter) in view of Cowburn et al. (U.S. Patent Application Publication No.: US 2021/0241529 A1 / or “Cowburn” hereinafter).
Regarding claim 1, Azizi discloses “A method comprising” (Col 9: lines 34-37, discloses a method of authenticating and establishing a device-to-device wireless connection through discovery):
“selecting, by a first device, a profile image, wherein the profile image comprises an image of the first device appearing within a physical environment” (Fig. 3: Discovered Device 304 i.e., a “first device”, Discovering Device 302 i.e., a “second device”; and Col 9: lines 52-55, the Discovered Device 304 i.e., a “first device” may include image data i.e., a “profile image” in the authentication data provided to the “Discovering Device 302 i.e., a “second device”; and Col 5: lines 6-8, a request may contain image of a device or user associated with a transmitted image data);
“embedding, by the first device, the profile image in an identification profile of the first device” (Col 6: lines 53-67, pre-shared data values i.e., an “identification profile” may be exchanged during D2D communication session, where the pre-shared data values may include a key that is accompanying i.e., “embedding” with the image data i.e., the “profile image”);
“transmitting, by the first device, the identification profile during a discovery phase” (Col 9: lines 55-56, the authentication data with image data is sent to the Discovering Device 302 i.e., a “second device”),
“wherein the discovery phase includes a time period during which presence of the identification profile can be detected by a second device located within a particular distance of the first device” (Col 9: lines 1-9, discovery time is set; and Col 4: lines 60-64, where the devices within wireless communication range i.e., the “second device located within a particular distance of the first device”);
“receiving, by the second device during the discovery phase, the identification profile” (Col 9: lines 55-56, the authentication data with image data is sent to the Discovering Device 302 i.e., a “second device”);
“[verifying, by the second device, the first device as corresponding to the identification profile by:
capturing in real time, by the second device, an image of the first device;
comparing the profile image with the captured image of by identifying, using image recognition, a first representation corresponding to the first device in the profile image and a second representation corresponding to the first device in the captured image]”;
“and determining that the first representation substantially matches the second representation” (Col 9: lines 56-59, matching authentication data established D2D connection; and Col 8: lines 41-45, the received image data can be compared with real-time capture on an image i.e., a “capture image”);
“and in response to verifying the first device, sending content or permission to pair, by the second device, to the first device” (Col 9: lines 56-59, if authentication is successful then the
D2D connection is established).
But Azizi fails to specially disclose a first device capturing image of a second device and the transmitting the captured image to the second device for authentication.
However, teaching of a first device capturing image of a second device and transmitting the captured image to the second device for authentication would have been obvious (see, Cowburn, Fig. 5; and Para 0062, 0064, and 0065: an AR device captures image of a second device (user) uses the captured image for authentication).
It would have been obvious to an ordinary person skilled in the art before the effective filing date of the claimed invention to employ the teachings first device capturing image of a second device and transmitting the captured image to the second device for authentication of Cowburn to the system of Azizi to create a system where capture image can be used for robust device association and the ordinary person skilled in the art would have been motivated to combine to create high security and low cost communication between AR devices.
Regarding claim 2, in view of claim 1, Azizi discloses devices “…including a smartphone, a mobile phone handset, and a personal computer having an integrated or external wireless network communication device” (Azizi, Col 3: lines 35-37).
But Azizi fails to specially disclose where the devices in D2D communication are augmented reality (AR) devices.
However, Cowburn discloses “wherein at least one of the first device or the second device comprises an augmented reality (AR) device” (Cowburn, Abstract).
It would have been obvious to an ordinary person skilled in the art before the effective filing date of the claimed invention to employ the teachings of devices in D2D communication are augmented reality (AR) devices of Cowburn to the system of Azizi to create a system where setup AR communication session is established (Cowburn, Para 0044) and the ordinary person skilled in the art would have been motivated to combine to create high security communication between AR devices (Cowburn, Abstract).
Regarding claim 3, in view of claim 1, Azizi discloses “wherein the identification profile is transmitted by the first device in response to a scan, by the second device, for discoverable devices” (Col 6: lines 54-67, pre-shared data values i.e., an “identification profile” may be exchanged during D2D communication session discovery).
Regarding claim 4, in view of claim 1, Azizi discloses “further comprising: generating a prompt, by the second device, with a user interface (UI) element including the profile image” (Col 8: lines 41-45, a user prompt i.e., a “user interface” for selection of an image or other authentication data);
“detecting a user interaction with the UI element” (Col 5: lines 66-67, a user interacts with a device);
“and sending, by the second device, the content or the permission to pair to the first device further in response to detecting the user interaction with the UI element” (Col 5: lines 3-12, transmits a photo for the user authentication).
Regarding claim 5, in view of claim 4, Azizi discloses “wherein generating the prompt with the UI element further comprises: displaying on an augmented reality (AR) interface, by the second device, the profile image and the captured image such that the profile image and the captured image are simultaneously visible by way of the [AR interface]” (Azizi, Col 6: 37-40, displays received image).
But Azizi fails to specially disclose where the devices in D2D communication are augmented reality (AR) devices.
However, Cowburn disclosed devices in D2D communication are augmented reality (AR) devices would have been obvious (see, Cowburn, Abstract).
It would have been obvious to an ordinary person skilled in the art before the effective filing date of the claimed invention to employ the teachings of devices in D2D communication are augmented reality (AR) devices of Cowburn to the system of Azizi to create a system where setup AR communication session is established (Cowburn, Para 0044) and the ordinary person skilled in the art would have been motivated to combine to create high security communication between AR devices (Cowburn, Abstract).
Regarding claim 6, in view of claim 4, Azizi in view of Cowburn disclose “wherein detecting the user interaction with the UI element further comprises: detecting, by the second device, a user gaze held on at least one of the profile image or the captured image for a length of time” (Cowburn, Abstract ) [see claim 5 for motivation].
Regarding claim 7, in view of claim 2, Azizi in view of Cowburn disclose “further comprising: capturing, by the first device, the profile image, wherein the first device is an AR device” (Cowburn, Abstract) [see claim 5 for motivation].
Regarding claim 8, in view of claim 1, Azizi discloses “wherein the profile image includes an image of a user associated with the first device, the image of the user captured by an inward facing camera of the first device” (Col 8: lines 39-45, image capture using a camera).
Regarding claim 9, in view of claim 1, Azizi discloses “wherein the profile image includes an image of an object located within a distance of the first device, the image of the object captured by an outward facing camera of the first device” (Col 5: lines 30-34, image capture using a camera includes an object; and Col 6: lines 14-16, and 29-33).
Regarding claim 10, in view of claim 1, Azizi discloses “further comprising:
[capturing, by the second device, the profile image of the first device;
pushing, by the second device, the profile image to the first device];
“and wherein the profile image embedded, by the first device, in the identification profile of the first device is the pushed profile image” (Col 6: lines 54-67, pre-shared data values i.e., an “identification profile” may be exchanged during D2D communication session, where the pre-shared data values may include a key that is accompanying i.e., “embedding” with the image data i.e., the “profile image”).
But Azizi fails to specially disclose a first device capturing image of a second device and the transmitting the captured image to the second device for authentication.
However, teaching of a first device capturing image of a second device and transmitting the captured image to the second device for authentication would have been obvious (see, Cowburn, Fig. 5; and Para 0062, 0064, and 0065: an AR device captures image of a second device (user) uses the captured image for authentication).
It would have been obvious to an ordinary person skilled in the art before the effective filing date of the claimed invention to employ the teachings first device capturing image of a second device and transmitting the captured image to the second device for authentication of Cowburn to the system of Azizi to create a system where capture image can be used for robust device association and the ordinary person skilled in the art would have been motivated to combine to create high security and low cost communication between AR devices.
Regarding claim 11, in view of claim 10, Azizi in view of Cowburn disclose “further comprising:
authenticating, by the first device, the second device based at least in part on the pushed profile image; and accepting, by the first device, the profile image” (Cowburn, Para 0066-0070, perform authentication).
Regarding claim 12, in view of claim 1, Azizi discloses “further comprising: establishing a peer-to-peer connection between the first device and the second device; encrypting the content; sending the encrypted content from the second device to the first device over the peer-to- peer connection” (Col 6: lines 53-67, encrypted communication is disclosed).
Regarding claim 13, in view of claim 1, Azizi discloses “wherein the identification profile is transmitted over a Wi-Fi network” (Col 2: lines 23-45, different types of wireless network is disclosed including Wi-Fi).
Regarding claim 14, claim 14 is directed to a system corresponding to the method recited in claim 1. Claim 14 is similar in scope to claim 1, and is therefore, rejected under similar rationale.
Regarding claim 15, claim 15 is directed to a system corresponding to the method recited in claim 4. Claim 15 is similar in scope to claim 4, and is therefore, rejected under similar rationale.
Regarding claim 16, Azizi discloses “A method comprising” (Col 9: lines 34-37, discloses a method of authenticating and establishing a device-to-device wireless connection):
“receiving, at a second device, an identification profile that has been transmitted by a first device and that includes a profile image of the first device that has been selected by the first device” (Fig. 3: Discovered Device 304 i.e., a “first device”, Discovering Device 302 i.e., a “second device”; and Col 9: lines 52-55, the Discovered Device 304 i.e., a “first device” may include image data i.e., a “profile image” in the authentication data provided to the “Discovering Device 302 i.e., a “second device”; and Col 5: lines 6-8, a request may contain image of a device or user associated with a transmitted image data);
“[verifying, by the second device, the first device as corresponding to the identification profile by:
capturing in real time, by the second device, an image of the first device;
comparing the profile image with the captured image, by identifying, using image recognition, a first representation corresponding to the first device in the profile image and a second representation corresponding to the first device in the captured image]”,
“and determining, based on the comparing, that the first representation and the second representation both corresponds to the same device” (Col 9: lines 56-59, matching authentication data established D2D connection; and Col 8: lines 41-45, the received image data can be compared with real-time capture on an image i.e., a “capture image”);
“and in response to verifying the first device, sending content or permission to pair from the second device to the first device” (Col 9: lines 56-59, if authentication is successful then the D2D connection is established).
But Azizi fails to specially disclose a first device capturing image of a second device and the transmitting the captured image to the second device for authentication.
However, teaching of a first device capturing image of a second device and transmitting the captured image to the second device for authentication would have been obvious (see, Cowburn, Fig. 5; and Para 0062, 0064, and 0065: an AR device captures image of a second device (user) uses the captured image for authentication).
It would have been obvious to an ordinary person skilled in the art before the effective filing date of the claimed invention to employ the teachings first device capturing image of a second device and transmitting the captured image to the second device for authentication of Cowburn to the system of Azizi to create a system where capture image can be used for robust device association and the ordinary person skilled in the art would have been motivated to combine to create high security and low cost communication between AR devices.
Regarding claim 17, claim 17 is directed to a method corresponding to the method recited in claim 2. Claim 17 is similar in scope to claim 2, and is therefore, rejected under similar rationale.
Regarding claim 18, claim 18 is directed to a method corresponding to the method recited in claim 4. Claim 18 is similar in scope to claim 4, and is therefore, rejected under similar rationale.
Regarding claim 19, claim 19 is directed to a method corresponding to the method recited in claim 10. Claim 19 is similar in scope to claim 10, and is therefore, rejected under similar rationale.
Regarding claim 20, in view of claim 16, Azizi discloses “wherein the captured image is a first captured images of a plurality of captured images, each captured image of the plurality of captured images corresponding to a different device; and wherein the verifying further comprises:
comparing the profile image to each captured image of the plurality of captured images;
and determining, based on the comparing the profile image to each captured image of
the plurality of captured images, that the profile image more closely matches the first captured image than the remaining captured images of the plurality of captured images” (Azizi, Col 14: 43-47, discovery is done between plurality of users).
Regarding claim 21, in view of claim 16, Azizi discloses “wherein the profile image is one of a plurality of profile images included in the identification profile; and wherein the verifying is further based on comparing each of the plurality of profile images to the captured image and determining that the plurality of profile images and the captured image depict the same device” (Azizi, Col 14: 43-47, discovery is done between plurality of users).
Regarding claim 22, Azizi discloses “A method comprising” (Col 9: lines 34-37, discloses a method of authenticating and establishing a device-to-device wireless connection):
“[selecting, by a first device, a profile image captured by the a second device], wherein the profile image comprises an image of the first device appearing within a physical environment” (Fig. 3: Discovered Device 304 i.e., a “first device”, Discovering Device 302 i.e., a “second device”; and Col 9: lines 52-55, the Discovered Device 304 i.e., a “first device” may include image data i.e., a “profile image” in the authentication data provided to the “Discovering Device 302 i.e., a “second device”; and Col 5: lines 6-8, a request may contain image of a device or user associated with a transmitted image data);
“embedding, by the first device, the profile image in an identification profile of the first device” (Col 6: lines 54-67, pre-shared data values i.e., an “identification profile” may be exchanged during D2D communication session, where the pre-shared data values may include a key that is accompanying i.e., “embedding” with the image data i.e., the “profile image”);
“transmitting, by the first device, the identification profile during a discovery phase” (Col 9: lines 55-56, the authentication data with image data is sent to the Discovering Device 302 i.e., a “second device”),
wherein the discovery phase includes a time period during which presence of the identification profile is detectable by one or more other devices within a particular distance of the first device,
wherein the first device is verified by the second device based on determining, by the second device, that the profile image embedded in the identification profile was captured by the second device;
“receiving, by the first device, a responsive communication from the second device, the responsive communication including content from the second device or permission to pair with the second device” (Col 9: lines 56-59, if authentication is successful then the
D2D connection is established).
But Azizi fails to specially disclose a first device capturing image of a second device and the transmitting the captured image to the second device for authentication.
However, teaching of a first device capturing image of a second device and transmitting the captured image to the second device for authentication would have been obvious (see, Cowburn, Fig. 5; and Para 0062, 0064, and 0065: an AR device captures image of a second device (user) uses the captured image for authentication).
It would have been obvious to an ordinary person skilled in the art before the effective filing date of the claimed invention to employ the teachings first device capturing image of a second device and transmitting the captured image to the second device for authentication of Cowburn to the system of Azizi to create a system where capture image can be used for robust device association and the ordinary person skilled in the art would have been motivated to combine to create high security and low cost communication between AR devices.
Regarding claim 23, in view of claim 22, Azizi discloses “wherein the responsive communication includes the permission to pair, and wherein the method further comprises establishing, in response to receiving the permission, a pairing between the first and second devices” (Azizi, Col 5: 3-65, discovery is done and pairing is authenticated).
Regarding claim 24, in view of claim 22, Azizi discloses “wherein transmitting the identification profile comprises transmitting the identification profile via a personal area network” (Azizi, Col 10:37-53, discovery is done over personal area network).
Regarding claim 25, in view of claim 22, Azizi in view of Cowburn disclose “wherein the first device is an AR device and wherein transmitting the identification profile occurs in response to the second device being identified via the AR device” (Cowburn, Abstract) [see claim 2 for motivation].
Regarding claim 26, in view of claim 22, Azizi discloses “wherein transmitting the identification profile occurs in response to the first device detecting a scan, by the second device, for discoverable devices” (Azizi, Col 5: 3-8, discovery is done).
Relevant Prior Arts
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Serhad Doken (US 2024/0129745 A1) discloses:
[0014] According to some embodiments, the invention described herein further comprises capturing, by the second device, the profile image of the first device; pushing, by the second device, the profile image to the first device; and embedding, by the first device, the pushed profile image in the identification profile of the first device. The first device may authenticate the second device based on the pushed profile image and accept the profile image.
Dong-chul Hwang (US 20130121541 A1) discloses using real-time image authenticating peer-to-peer network devices (Abstract).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAH ALMAMUN whose telephone number is (571) 270-3392. The examiner can normally be reached on 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynn Feild can be reached on (571) 272-2092. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ABDULLAH ALMAMUN/Examiner, Art Unit 2431
/LYNN D FEILD/Supervisory Patent Examiner, Art Unit 2431