DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
1. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
2. 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.
3. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sipe et al., US 20130097695 A1., and further in view of Stafford et al. US 2011/0298829 A1.
4. As per claim 1, Sipe discloses: A user device comprising:
a processor; and memory storing instructions that, when executed by the processor, cause the user device to perform operations comprising: (Sipe, [0019],” The memory 14 in the computing device 10 can be a random access memory device (RAM). Any other suitable type of storage device can be used as the memory 14. The memory 14 can include code and data 18 that is accessed by the CPU 12 using a bus 16. The memory 14 can further include an operating system 20 and application programs 22, the application programs 22 including programs that permit the CPU 12 to perform the methods described herein.”, and
determining, during a preregistration process associated with the user device, a first facial expression and a first head orientation of a user that corresponds to activation of a security function of the user device; (Sipe, [0033], “In stage 54, the computing device 10 can generate a current user value indicative of the current user of the computing device 10 based on the image received in stage 52. For example, the current user value can be generated by a facial recognition application program detecting one or more specific positions, or coordinates, of facial features (e.g. corners of the eyes, corners of the mouth, top and bottom edges of the lips, etc.). Other facial features and positions are also possible and can be detected by the facial recognition application to generate the current user value.” and [0040], “The computing device 10 can receive the signal corresponding to the security measure for the selected user profile before retrieving the selected user profile.” Notes:” first head orientation” will be disclosed by the second reference.)
determining, after the preregistration process, a second facial expression a second facial expression and associated with activation of the security function; determining a match based at least in part on comparing the first facial expression to the second facial expression; (Sipe, [0034],” In stage 56, the computing device 10 can compare the current user value to a plurality of stored user values indicative of users having stored user profiles associated with the stored user values. For example, the computing device 10 can compare the coordinates of facial features of the current user value to each of the stored user values that are associated with the stored user profiles. A stored user profile can have a single stored user value or multiple stored user values. For example, in a given stored user profile, one stored user value can represent the user when wearing glasses and a second stored user value can represent the same user without glasses.”, and [0040] Displaying indicators when the current user value does not correspond to the at least one stored user value is useful in the case where there are changes to the physical features of the current user, for example, changes in facial hair, low lighting during the image capture, changes in eyeglasses for the current user, or other temporary or permanent changes in appearance, etc. The computing device 10 can further display a request for a security measure to access the selected user profile. The security measure can be one of a password, personal identification number (PIN), or unlock sequence if the current user selects a stored user profile from an indicator because the current user value failed to correspond to a stored user value. The computing device 10 can receive the signal corresponding to the security measure for the selected user profile before retrieving the selected user profile.” .” Notes:” second head orientation” will be disclosed by the second reference.)
performing the security function of the user device based at least in part on determining the match, wherein the security function comprises unlocking a display of the user device. (Sipe, [0026],” User profiles can include different application programs 22 that are available to different users, different settings for the computing device 10 such as font size and icon 32a-e size as shown by comparing the icon 32a-c size between FIG. 2A and FIG. 2B, different files and folders as initiated and stored by different users, and different security and access settings that regulate what types of application programs 22 can be operated by the user on the computing device 10. For example, the first user profile shown in FIG. 2A has access to the Internet through icon 32d and to a camera through icon 32e, whereas the second user profile shown in FIG. 2B does not have icons enabling access to the Internet or to the camera.”)
5. Sipe doesn’t disclose: Adjusting an orientation of contents of the user device based on the match and alignment of the first head orientation with the second head orientation.
6. Stafford discloses: Adjusting an orientation of contents of the user device based on the match and alignment of the first head orientation with the second head orientation. (Stafford, [0021], “ FIGS. 5A-5B illustrate how view orientation adjusts when the players changes the device position, according to one embodiment.:, and [0082], “ In larger devices, such as a TV or a computer with a large display, there may be several viewers, which are in different positions. The device may select from different heuristics to set the view orientation. For example, if there is only one viewer and then another viewer joins, then the view orientation is fixed to the position it had with the first viewer, or the device may try detect the position of the viewers and select an orientation that matches a majority of the viewers, or the view orientation is based on gravity only and independent of the viewers, etc.”)
7. Stafford is analogous art with respect to Sipe because they are from the same field of endeavor, namely image processing. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to include the process of adjusting an orientation of contents of the user device based on the match and alignment of the first head orientation with the second head orientation, as taught by Stafford into the teaching of Sipe. The suggestion for doing so would improve face recognition by using image data from several images. Therefore, it would have been obvious to combine Stafford with Sipe.
8. As per claim 2, Sipe in view of Stafford discloses: The user device of claim 1, the operations further comprising: receiving, during the preregistration process, a first image from the user device, wherein determining the first facial expression of the user is based at least in part on receiving the first image. (Sipe, [0033], “In stage 54, the computing device 10 can generate a current user value indicative of the current user of the computing device 10 based on the image received in stage 52. For example, the current user value can be generated by a facial recognition application program detecting one or more specific positions, or coordinates, of facial features (e.g. corners of the eyes, corners of the mouth, top and bottom edges of the lips, etc.). Other facial features and positions are also possible and can be detected by the facial recognition application to generate the current user value.” and [0040], “The computing device 10 can receive the signal corresponding to the security measure for the selected user profile before retrieving the selected user profile.”)
9. As per claim 3, Sipe in view of Stafford discloses: The user device of claim 1, the operations further comprising: receiving a second image from the user device based at least in part on determining the first facial expression of the user corresponds to the activation of the security function of the user device, wherein determining that the second facial expression is associated with activation of the security function is based at least in part on receiving the second image. (Sipe, [0034],” In stage 56, the computing device 10 can compare the current user value to a plurality of stored user values indicative of users having stored user profiles associated with the stored user values. For example, the computing device 10 can compare the coordinates of facial features of the current user value to each of the stored user values that are associated with the stored user profiles. A stored user profile can have a single stored user value or multiple stored user values. For example, in a given stored user profile, one stored user value can represent the user when wearing glasses and a second stored user value can represent the same user without glasses.”, and [0040] Displaying indicators when the current user value does not correspond to the at least one stored user value is useful in the case where there are changes to the physical features of the current user, for example, changes in facial hair, low lighting during the image capture, changes in eyeglasses for the current user, or other temporary or permanent changes in appearance, etc. The computing device 10 can further display a request for a security measure to access the selected user profile. The security measure can be one of a password, personal identification number (PIN), or unlock sequence if the current user selects a stored user profile from an indicator because the current user value failed to correspond to a stored user value. The computing device 10 can receive the signal corresponding to the security measure for the selected user profile before retrieving the selected user profile.”)
10. As per claim 4, Sipe in view of Stafford discloses: The user device of claim 3, the operations further comprising: comparing the first facial expression to the second facial expression based at least in part on receiving the second image from the user device. (Sipe, [0034],” In stage 56, the computing device 10 can compare the current user value to a plurality of stored user values indicative of users having stored user profiles associated with the stored user values. For example, the computing device 10 can compare the coordinates of facial features of the current user value to each of the stored user values that are associated with the stored user profiles. A stored user profile can have a single stored user value or multiple stored user values. For example, in a given stored user profile, one stored user value can represent the user when wearing glasses and a second stored user value can represent the same user without glasses.”)
11. As per claim 5, Sipe in view of Stafford discloses: The user device of claim 1, the operations further comprising: receiving, during the preregistration process, information identifying and describing one or more facial landmarks of the user, wherein determining the first facial expression of the user is based at least in part on receiving the information identifying and describing the one or more facial landmarks of the user. (Sipe, [0033], “In stage 54, the computing device 10 can generate a current user value indicative of the current user of the computing device 10 based on the image received in stage 52. For example, the current user value can be generated by a facial recognition application program detecting one or more specific positions, or coordinates, of facial features (e.g. corners of the eyes, corners of the mouth, top and bottom edges of the lips, etc.). Other facial features and positions are also possible and can be detected by the facial recognition application to generate the current user value.” and [0040], “The computing device 10 can receive the signal corresponding to the security measure for the selected user profile before retrieving the selected user profile.”)
12. As per claim 6, Sipe in view of Stafford discloses: The user device of claim 5, wherein the information identifying and describing the one or more facial landmarks of the user includes at least one of a hair line, an eyebrow, an eye, an ear, a forehead, a nose, a mouth, eyeglasses, or any combination thereof. ([0040] Displaying indicators when the current user value does not correspond to the at least one stored user value is useful in the case where there are changes to the physical features of the current user, for example, changes in facial hair, low lighting during the image capture, changes in eyeglasses for the current user, or other temporary or permanent changes in appearance, etc. The computing device 10 can further display a request for a security measure to access the selected user profile. The security measure can be one of a password, personal identification number (PIN), or unlock sequence if the current user selects a stored user profile from an indicator because the current user value failed to correspond to a stored user value. The computing device 10 can receive the signal corresponding to the security measure for the selected user profile before retrieving the selected user profile.”)
12. As per claim 7, Sipe in view of Stafford discloses: The user device of claim 1, the operations further comprising: determining, after the preregistration process, a third facial expression associated with activation of the security function; determining a mismatch based at least in part on comparing the first facial expression to the third facial expression; and performing a second security function of the user device based at least in part on determining the mismatch, wherein the second security function comprises maintaining the display in a locked state. (Sipe, [0040], “Displaying indicators when the current user value does not correspond to the at least one stored user value is useful in the case where there are changes to the physical features of the current user, for example, changes in facial hair, low lighting during the image capture, changes in eyeglasses for the current user, or other temporary or permanent changes in appearance, etc. The computing device 10 can further display a request for a security measure to access the selected user profile. The security measure can be one of a password, personal identification number (PIN), or unlock sequence if the current user selects a stored user profile from an indicator because the current user value failed to correspond to a stored user value. The computing device 10 can receive the signal corresponding to the security measure for the selected user profile before retrieving the selected user profile.”)
13. Claims 8, and 15, which are similar in scope to claim 1, thus rejected under the same rationale.
14. Claims 9, and 16, which are similar in scope to claim 2, thus rejected under the same rationale.
15. Claims 10, and 17, which are similar in scope to claim 3, thus rejected under the same rationale.
16. Claims 11, and 18, which are similar in scope to claim 4, thus rejected under the same rationale.
17. Claims 12, and 19, which are similar in scope to claim 5, thus rejected under the same rationale.
18. Claims 13, and 20, which are similar in scope to claim 6, thus rejected under the same rationale.
Response to Arguments
19. Applicant’s arguments with respect to claims 1-20 filed 10/28/2025 have been considered but are moot because Applicant submitted new amended claims. Accordingly, new grounds of rejection are set forth above. The new grounds of rejection conclusion have been necessitated by Applicant's amendments to the claims.
Conclusion
20. Applicants amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDERRAHIM MEROUAN whose telephone number is (571)270-5254. The examiner can normally be reached on Monday to Friday 7:30 AM to 5:00 PM.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDERRAHIM MEROUAN/Supervisory Patent Examiner, Art Unit 2683
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