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 .
Claim Status
This Office Action is in response to communications filed on 1/26/2026. Claims 1, 10-15, and 17 were amended. Claims 9, 16 and 24 remain cancelled. No new claims were added. Likewise, claims 1-8, 10-15, 17-18 and 20-23 remain pending for examination.
Claim Rejections - 35 USC § 103
Claims 1-5, 7-8, 10-12, 17, 20, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Breed et al. (U.S. Patent Application Pub. U.S. 2015/0037781) in view of Lo et al. (U.S. Patent Application Pub. U.S. 2002/0031755).
Regarding claim 1, (Currently Amended), Breed teaches a personal surveillance device (computing device 104 coupled with standalone monitoring system 20; Figs 1-4, 7A-7D & 10; ¶037), comprising
a first surveillance sensor element (general electromagnetic receiver… or additional device capable of seeing far infrared or far ultraviolet light; ¶088);
a second surveillance sensor element (camera 112; ¶046); and
a processing element (computing device 104; ¶046; and/or processing electronics 51; Fig 3, ¶058);
wherein the first surveillance sensor element and the second surveillance sensor element are sensor elements each comprising a different sensor type (Examiner notes that Breed’s general electromagnetic receiver vs the camera 112 are indeed different types of sensor elements);
wherein the personal surveillance device is adapted to be connectable to a host computing device -); and
wherein the personal surveillance device is adapted to execute a computing environment on the host computing device (FIG. 2 is the standalone monitoring system 20 configured to be coupled to a standard computing device, such as a laptop of the user, to administer a test and monitor the user 101 and the remote session environment 100 during a remote session; ¶037).
Breed is silent on comprises a graphical user interface (GUI) for interacting with an examination. Lo from an analogous testing students art teaches an apparatus and method of use implemented by software and executed by a host computer to interactively transmit and receive messages from a group of handheld radio frequency (RF) interface devices in a classroom or training room environment (¶003). Lo further teaches the concept wherein a personal surveillance device is adapted to execute a computing environment on the host computing device (¶009; a system for controlling the administration of remotely proctored, secure examinations at a remote test station, and a method for administering examinations. The system includes a central station, a registration station and a remote testing station. The central station includes (a) storage device for storing data, including test question data and verified biometric data, and (b) a data processor, operably connected to the storage device, for comparing test taker biometric data with stored, verified biometric data. The remote test station includes (a) a data processor, (b) a data storage device, operably connected to the data processor, for storing input data, (c) a biometric measurement device for inputting test taker biometric data to the processor, (d) a display for displaying test question data (e) an input for inputting test response data to the processor, (f) a recorder for recording proctoring data of a testing event, and (g) a communication link for communicating with the central station, for receiving test question data from the central station, and for communicating test taker biometric data, test response data, and proctoring data to the central station) wherein the computing environment comprises a graphical user interface (GUI) for interacting with an examination (Figs 1-6 & particularly 7 with ¶035,; providing a choice of graphical views of the student answers; and displaying the student answers in graphical form a display device).
Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the device of Breed with the wherein the computing environment comprises a graphical user interface (GUI) for interacting with an examination, as taught by Lo in order so that user interactions within the system are both monitored, analyzed and displayed.
Regarding claim 2, (Currently Amended), Breed and Lo teach the personal surveillance device according to claim 1, and Breed further teaches wherein one of the first surveillance sensor element (general electromagnetic receiver… or additional device capable of seeing far infrared or far ultraviolet light; ¶088) and the second surveillance sensor element is an electromagnetic radiation sensor element (a general electromagnetic receiver, not shown, can be incorporated into the computing device 104 to sense whether there are any spurious electromagnetic signals which might indicate a transmission of information from a consultant to the user. A similar device can be supplied to sense ultrasonic transmissions. For example, user is wearing a hearing aid-type device which contains an electromagnetic receiver but which cannot be visually seen by the system's cameras. Highly directional electromagnetic radiation might still be difficult to be sensed by a general electromagnetic receiver and an additional device capable of seeing far infrared or far ultraviolet light may also be included; ¶088), in particular, and wherein the other one of the first surveillance sensor element and the second surveillance sensor element is an optical sensor element (camera 112), in particular or a camera sensor element (computing device 104 monitors the user 101 and the test environment 100 with a first camera 112 that faces the user 101 and a second camera 110 that captures images of the environment as a whole; ¶046).
Regarding claim 3, Breed and Lo teach the personal surveillance device according to claim 1, and Breed further teaches wherein at least one of the first surveillance sensor element and the second surveillance sensor element is adapted for generating surveillance sensor data of surveying a physical space (test environment; also see Figs 1 & 10) and/or a person (user; also see Figs 1 & 10) in a physical space (computing device 104 monitors the user 101 and the test environment 100 with a first camera 112 that faces the user 101 and a second camera 110 that captures images of the environment as a whole. The standalone monitoring system 20 also includes a first camera 25 that faces and monitors the user 101 and a second camera 26 that monitors the environment. ¶046); and wherein the generated surveillance sensor data is securely stored in the personal surveillance device (central processing unit 502’s sensor algorithms that evaluate data from sensors for anomalous behavior... memory will store date and time information about remote session and time stamps associated with any anomalies; ¶125).
Regarding claim 4, (Currently Amended), Breed and Lo teach the personal surveillance device according to claim 1, and Breed further teaches wherein the personal surveillance device is adapted to survey a physical space (test environment; also see Figs 1 & 10) and/or a person (user; also see Figs 1 & 10) in a physical space (computing device 104 monitors the user 101 and the test environment 100 with a first camera 112 that faces the user 101 and a second camera 110 that captures images of the environment as a whole. The standalone monitoring system 20 also includes a first camera 25 that faces and monitors the user 101 and a second camera 26 that monitors the environment. ¶046); and
wherein the personal surveillance device is adapted to generate surveillance status information indicative of a surveillance status of the physical space and the person in the physical space (central processing unit 502’s sensor algorithms that evaluate data from sensors for anomalous behavior; ¶125).
Regarding claim 5, Breed and Lo teach the personal surveillance device according to claim 1, and Breed further teaches wherein one of the first surveillance sensor element and the second surveillance sensor element
Breed does not explicitly teach surveying the physical space and/or the person in the physical space non-continuously. However, Breed does teach the concept that the user, during the remote session will be notified if their behavior is outside of the behavior requirements. This gives the user an opportunity to correct their behavior. For example, if the user rotates their chair and leans back as they are thinking through a problem, the sensors will register that the user is no longer facing a computer running the remote session. The system may notify the user with a small noise or a flashing light. The system may include a timer that will only notify the user if they exceed a preselected amount of time in the non-standard position. That way, minor movements will not be stored as a violation of the behavior requirements (¶133).Therefore it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the teachings of constantly monitoring the user on one camera and include a timer so that another sensor/camera will only activate when the user exceeds a preselected amount of time in a non-standard position so that minor infractions of the behavior requirements will not be stored as violations.
Regarding claim 7, (Currently Amended), Breed and Lo teach the personal surveillance device according to claim 5, and Breed further teaches wherein the computing environment is arranged for interaction (first camera 25 and/or second camera 26; ¶065, Examiner: for capturing images of user) with the person to be surveyed (perform facial recognition and retinal or iris scans of the user; ¶065);
and wherein the defined surveillance time span is at least a part of a time span the person to be surveyed is interacting with the computing environment (standalone monitoring system 20 configured to be coupled to a standard computing device, such as a laptop of the user, to administer a test and monitor the user 101 and the remote session environment 100 during a remote session; ¶137), is surveying a physical space and/or a person (102) in a physical space substantially continuously (system constantly monitors the user during the remote session; ¶133), in particular is the time span a secure interacting mode of the person to be surveyed with the computing environment is active (to administer a test and monitor the user 101 and the remote session environment 100 during a remote session; ¶137).
Regarding claim 8, (Currently Amended), Breed and Lo teach the personal surveillance device according to claim 4
and Breed further teaches wherein the surveillance status information is indicative of a compliant surveillance status (when the conditions in the remote session environment are compliant, the light 118 or the display panel 55 can provide a green light; ¶057) and/or a non-compliant surveillance status (standalone monitoring system 20 can notify the user when their behavior or when the remote session environment is not in compliance; ¶040), in particular and/or wherein the personal surveillance device enables an interaction of a person to be surveyed with the computing environment in case of a compliant surveillance status (speakers and microphone can assist in preventing assistance by a consultant. For example, the speakers 106 may emit a continual or periodic sound emission along with audio reception and comparison of the sound emission to reception. The monitoring may be initiated when it is known that the online or other remote session-taker is the only person in the room; ¶089), and prohibits and/or terminates the interaction of the person to be surveyed with the computing environment in case of a non-compliant surveillance status (microphone 108 can be used to monitor noise in the room 100 and determine, for example, that the online or other remote session-taker is talking or a person other than the online or other remote session-taker is talking. In the latter situation, the online or other remote session-taker may be instructed to terminate the remote session and considered to have failed the session; ¶090), and/or
wherein the computing environment is arranged for interaction (first camera 25 and/or second camera 26; ¶065, Examiner: for capturing images of user) with the person to be surveyed (perform facial recognition and retinal or iris scans of the user; ¶065); wherein interacting with the computing environment comprises two different modes of interacting, a regular mode (normal operation) of interacting and a secure mode (test taking operation) of interacting (standalone monitoring system 320 is configured to operate in conjunction with dual-mode tablet computer. The dual modes being normal operation and test taking operation; ¶122; also see mode, per ¶115), and
wherein the secure mode of interacting is enabled only in case the surveillance status information indicates a compliant surveillance status (during test taking, the standalone monitoring system 320 will control the tablet computer and prevent internet access or other types of communications to or from the computer. During test taking a limited operating system will be enabled; ¶122) standalone monitoring system 20 configured to monitor a remote user 101 in a remote test taking or other transaction environment 100 to ensure compliance with behavioral parameters, i.e., to prevent cheating; ¶031).
Regarding claim 10 (Currently Amended), Breed teaches a personal surveillance system (computing device 104 coupled with standalone monitoring system 20; Figs 1-2; ¶037), comprising
a first personal surveillance device (standalone monitoring system 20; ¶037; also see Figs 8-9), the first personal surveillance device comprising a first surveillance sensor element (standalone monitoring system 20 also includes a first camera 25 that faces and monitors the user 101 and a second camera 26 that monitors the environment; ¶046);
a second surveillance sensor element (standalone monitoring system 20 includes biometric sensors 52… may include a combination of a fingerprint reader, a temperature detector, a galvanic skin response reader, a pulse detector or heart rate monitor, or other stress or deception detectors; ¶047, and/or motion sensors 130; ¶061); and
a processing element (computing device 104; ¶046; and/or processing electronics 51; Fig 3, ¶058);
at least one communication element transceiver 71, transceiver may be enabled for wireless communication or wired communication, such as connecting to the internet or a testing network; ¶058);
wherein the first surveillance sensor element and the second surveillance sensor element are sensor elements each comprising a different sensor type (Examiner notes that Breed’s camera 25 vs the biometric sensors 52 listed above are different types of sensor elements);
wherein the personal surveillance device is adapted to be connectable to a host computing device (standalone monitoring system 20 configured to be coupled to a standard computing device, such as a laptop of the user, to administer a test and monitor the user 101 and the remote session environment 100 during a remote session; ¶037, also Fig 2);; and
wherein the first personal surveillance device is adapted to execute a computing environment on the host computing device (FIG. 2 is the standalone monitoring system 20 configured to be coupled to a standard computing device, such as a laptop of the user, to administer a test and monitor the user 101 and the remote session environment 100 during a remote session; ¶037), and
a second personal surveillance device (headset 75 in Fig 2, wearable electronic device 95 in Fig 2, 8-9) adapted to be affixable (wearable electronic devices 95 are also adjustable, giving the user the flexibility to make the device fit comfortably; ¶041, also see as a bracelet; ¶04, Note: Examiner interprets affixable as functionally equal to ”wearable or worn by a user”) to a person to be surveyed (standalone monitoring system 20 also may include a headset 75 that is configured to provide sound notifications to the user and may be configured to monitor biometrics of the user; ¶040; or standalone monitoring system 20 may also include a wearable electronic device 95; ¶041, Fig 2, 8-9), the second personal surveillance device comprising at least one communication element (may simply transmit the sensor data to the standalone monitoring system 20; ¶042); and a fixation element (rail/rest or wrist band) for affixing the second personal surveillance device to a person to be surveyed (headset 75 includes head rail/rest section and wearable electronic device 95 includes band for user’s wrist; see Fig 2);
wherein the second personal surveillance device is adapted to detect a fixation status indicating whether the fixation element is affixed to the person to be surveyed (wearable electronic device 95 may include biometric sensors 52, such as a pulse detection sensor, a three-axis accelerometer, a GPS module, an RF sensor, an RFID or NFC chip, a galvanic skin response sensor, or other sensor to detect stress; ¶041; Examiner interprets biometric sensors detecting user’s pulse &/or a three-axis accelerometer as detecting the fixation status of user);
wherein the first personal surveillance device and the second personal surveillance device are communicatively connected (wearable electronic devices/bracelet may process biometric sensor data locally or may simply transmit the sensor data to the standalone monitoring system 20; ¶042);
wherein the first personal surveillance device (standalone monitoring system 20; ¶037) and/or the second personal surveillance device (headset 75 in Fig 2, wearable electronic device 95 in Fig 2) is/are adapted to detect whether the first personal surveillance device and the second personal surveillance device are within a defined distance from each other (headset may include a pulse detector or motion detectors to determine if the user remains in a dictated location or within a range of the tower; ¶040; and/or standalone monitoring system 20 may include wearable electronic device 95 or other monitoring device. which includes biometric sensors 52, such as a pulse detection sensor, a three-axis accelerometer, a GPS module, an RF sensor, an RFID or NFC chip, a galvanic skin response sensor, or other sensor to detect stress or continued presence or proximity to the standalone monitoring system 20… wearable electronic device may be configured to alarm or vibrate if moved out of a range from the standalone monitoring system 20; ¶041), and wherein the second personal surveillance device is adapted to communicate the fixation status to the first personal surveillance device (wearable electronic devices bracelet may transmit the sensor data to the standalone monitoring system 20 for processing; ¶042).
Breed is silent on comprises a graphical user interface (GUI) for interacting with an examination. Lo from an analogous testing students art teaches an apparatus and method of use implemented by software and executed by a host computer to interactively transmit and receive messages from a group of handheld radio frequency (RF) interface devices in a classroom or training room environment (¶003). Lo further teaches the concept wherein a personal surveillance device is adapted to execute a computing environment on the host computing device (¶009; a system for controlling the administration of remotely proctored, secure examinations at a remote test station, and a method for administering examinations. The system includes a central station, a registration station and a remote testing station. The central station includes (a) storage device for storing data, including test question data and verified biometric data, and (b) a data processor, operably connected to the storage device, for comparing test taker biometric data with stored, verified biometric data. The remote test station includes (a) a data processor, (b) a data storage device, operably connected to the data processor, for storing input data, (c) a biometric measurement device for inputting test taker biometric data to the processor, (d) a display for displaying test question data (e) an input for inputting test response data to the processor, (f) a recorder for recording proctoring data of a testing event, and (g) a communication link for communicating with the central station, for receiving test question data from the central station, and for communicating test taker biometric data, test response data, and proctoring data to the central station) wherein the computing environment comprises a graphical user interface (GUI) for interacting with an examination (Figs 1-6 & particularly 7 with ¶035,; providing a choice of graphical views of the student answers; and displaying the student answers in graphical form a display device).
Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the personal surveillance system of Breed wherein the computing environment comprises a graphical user interface (GUI) for interacting with an examination, as taught by Lo in order so that user interactions within the system are both monitored, analyzed and displayed.
Regarding claim 11 (Currently Amended), Breed and Lo teach the personal surveillance system according to claim 10 and Breed further teaches wherein the first personal surveillance device (not selected by Examiner) and/or the second personal surveillance device (headset 75 or wearable electronic device 95) comprises a sensor element (headset may include pulse detector or motion detectors; ¶040 and/or biometric sensors 52 on bracelet; ¶041, Fig 10) for detecting a biological property (a pulse, for example; ¶040-¶041, Fig 10) of the person to which the second personal surveillance device is affixed to (wearable electronic device 95 may include biometric sensors 52, such as a pulse detection sensor, a three-axis accelerometer, a GPS module, an RF sensor, an RFID or NFC chip, a galvanic skin response sensor, or other sensor to detect stress or continued presence or proximity to the standalone monitoring system 20; ¶041, Fig 10), wherein the sensor element in particular is an optical sensor element, an acoustic sensor, an infra- red sensor element, or a laser sensor element, and
wherein the biological property (Fig 10 shows several examples of biological properties the system uses) in particular is a heartbeat (a pulse, for example; ¶040-¶041, Fig 10).
Regarding claim 12, (Currently Amended), Breed and Lo teach the personal surveillance system according to claim 11, and Breed does not teach one specific embodiment wherein the system is adapted to compare and/or correlate a biological property acquired by the first personal surveillance device and a biological property acquired by the second personal surveillance device.
However, in one Breed embodiment the system encompassing the computing device 104 and the standalone monitoring system 20 as an additional device teaches the concept of multiple devices being adapted to compare and/or correlate a biological property acquired thereby (a combination of two types of biometric information will be used, such as fingerprints and face recognition. More than one type of biometric information is used because none of the biometric sensors are 100% accurate alone. However, a combination of the two or more can achieve very high accuracy of identification; ¶069).
Therefore it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the teachings of one alternate embodiment presented in claim 11 above with this one embodiment directly in the paragraph above and have the first personal surveillance device and a biological property acquired by the second personal surveillance device, as taught by Breed in the embodiment above because none of the biometric sensors are 100% accurate alone, but a combination of two or more can achieve a very high accuracy of identification enhancing the overall personal surveillance of the system.
Regarding claim 17 (Currently Amended), Breed teaches a method of surveillance using a personal surveillance device, the personal surveillance device (computing device 104 coupled with standalone monitoring system 20; Figs 1-4, 7A-7D & 10; ¶037) comprising
a first surveillance sensor element (general electromagnetic receiver… or additional device capable of seeing far infrared or far ultraviolet light; ¶088);
a second surveillance sensor element (camera 112; ¶046);
at least one communication element (transceiver 71, transceiver may be enabled for wireless communication or wired communication, such as connecting to the internet or a testing network; ¶058); and
a processing element (computing device 104; ¶046; and/or processing electronics 51; Fig 3, ¶058);
wherein the first surveillance sensor element and the second surveillance sensor element are sensor elements each comprising a different sensor type (Examiner notes that Breed’s general electromagnetic receiver vs the camera 112 are indeed different types of sensor elements);
the method comprising connecting the personal surveillance device to a host computing device (standalone monitoring system 20 configured to be coupled to a standard computing device, such as a laptop of the user, to administer a test and monitor the user 101 and the remote session environment 100 during a remote session; ¶037, also Fig 2); and executing, by the personal surveillance device, a computing environment on the host computing device (FIG. 2 is the standalone monitoring system 20 configured to be coupled to a standard computing device, such as a laptop of the user, to administer a test and monitor the user 101 and the remote session environment 100 during a remote session; ¶037).
a personal surveillance system.
Regarding claim 18, Breed and Lo teach the method of claim 17, and Breed teaches the method further comprising: generating, by at least one of the first surveillance sensor element and the second surveillance sensor element camera 112, surveillance sensor data of surveying a physical space and/or a person in a physical space (computing device 104 monitors the user 101 and the test environment 100 with a first camera 112 that faces the user 101 and a second camera 110 that captures images of the environment as a whole; ¶046); and
securely storing the generated surveillance sensor data in the personal surveillance device (standalone monitoring system 20 provides control over ports through secure operating system and prevents attachment of devices which could support the transfer of information out of the system; ¶115).
Regarding claim 20, Breed and Lo teach the method of claim 17, and Breed further teaches the method further comprising
continuously surveying a physical space and/or a person (Figs 1, & 10) in a physical space during a defined surveillance timespan with at least one of the first surveillance sensor element and the second surveillance sensor elements; (standalone monitoring system 20 configured to be coupled to a standard computing device, such as a laptop of the user, to administer a test and monitor the user 101 and the remote session environment 100 during a remote session; ¶137);
detecting one of a compliant surveillance status (when the conditions in the remote session environment are compliant, the light 118 or the display panel 55 can provide a green light; ¶057) and a non-compliant surveillance status (standalone monitoring system 20 can notify the user when their behavior or when the remote session environment is not in compliance; ¶040) of the physical space and/or the person in the physical space (Figs 1, & 10);
upon detecting of a surveillance event indicative of a non-compliant surveillance status, surveying the physical space and/or the person in the physical space with the other one of the first and second surveillance sensor element (speakers and microphone can assist in preventing assistance by a consultant. For example, the speakers 106 may emit a continual or periodic sound emission along with audio reception and comparison of the sound emission to reception. The monitoring may be initiated when it is known that the online or other remote session-taker is the only person in the room; ¶089);
and in particular switching from a secure mode of interacting with the computing environment to a regular mode of interacting with the computing environment (standalone monitoring system 320 is configured to operate in conjunction with dual-mode tablet computer. The dual modes being normal operation and test taking operation; ¶122; also see mode, per ¶115); and
generating non-compliance surveillance status information comprising at least part of surveillance sensor data of at least one of the first surveillance sensor element and the second surveillance sensor element
Regarding claim 22, Breed and Lo teach the method of claim 17, and Breed further teaches the personal surveillance device being a first personal surveillance device, the first personal surveillance device (standalone monitoring system 20; ¶037; also see Figs 8-9), further comprising at least one communication element (transceiver 71, transceiver may be enabled for wireless communication or wired communication, such as connecting to the internet or a testing network; ¶058),
the method further using a second personal surveillance device (headset 75 in Fig 2, wearable electronic device 95 in Fig 2, 8-9) adapted to be affixable (wearable electronic devices 95 are also adjustable, giving the user the flexibility to make the device fit comfortably; ¶041, also see as a bracelet; ¶04, Note: Examiner interprets affixable as functionally equal to ”wearable or worn by a user”) to the person to be surveyed (standalone monitoring system 20 also may include a headset 75 that is configured to provide sound notifications to the user and may be configured to monitor biometrics of the user; ¶040; or standalone monitoring system 20 may also include a wearable electronic device 95; ¶041, Fig 2, 8-9), the second personal surveillance device comprising
at least one communication element (may simply transmit the sensor data to the standalone monitoring system 20; ¶042); and a fixation element (rail/rest or wrist band) for affixing the second personal surveillance device to the person to be surveyed (headset 75 includes head rail/rest section and wearable electronic device 95 includes band for user’s wrist; see Fig 2),
wherein the second personal surveillance device is adapted to detect a fixation status indicating whether the fixation element is affixed to a person to be surveyed (wearable electronic device 95 may include biometric sensors 52, such as a pulse detection sensor, a three-axis accelerometer, a GPS module, an RF sensor, an RFID or NFC chip, a galvanic skin response sensor, or other sensor to detect stress; ¶041; Examiner interprets biometric sensors detecting user’s pulse &/or a three-axis accelerometer as detecting the fixation status of user);
wherein the first personal surveillance device and the second personal surveillance device are communicatively connected (wearable electronic devices/bracelet may process biometric sensor data locally or may simply transmit the sensor data to the standalone monitoring system 20; ¶042),
the method further comprising detecting, by the first personal surveillance device (standalone monitoring system 20; ¶037) and/or the second personal surveillance device (headset 75 in Fig 2, wearable electronic device 95 in Fig 2), whether the first personal surveillance device and the second personal surveillance device are within a defined distance from each other (headset may include a pulse detector or motion detectors to determine if the user remains in a dictated location or within a range of the tower; ¶040; and/or standalone monitoring system 20 may include wearable electronic device 95 or other monitoring device. which includes biometric sensors 52, such as a pulse detection sensor, a three-axis accelerometer, a GPS module, an RF sensor, an RFID or NFC chip, a galvanic skin response sensor, or other sensor to detect stress or continued presence or proximity to the standalone monitoring system 20… wearable electronic device may be configured to alarm or vibrate if moved out of a range from the standalone monitoring system 20; ¶041; and communicating a fixation status from the second personal surveillance device to the first personal surveillance device (wearable electronic devices bracelet may transmit the sensor data to the standalone monitoring system 20 for processing; ¶042).
Claims 13-15, 23 are rejected under 35 U.S.C. 103 as being unpatentable over Breed et al. (U.S. Patent Application Pub. U.S. 2015/0037781) in view of Lo et al. (U.S. Patent Application Pub. U.S. 2002/0031755) further in view of Miller (U.S. Patent Application Pub. U.S. 2015/0324875).
Regarding claim 13, (Currently Amended), Breed and Lo teach the personal surveillance system according to claim 10, the second personal surveillance device further comprising a display element (wearable electronic device 95 may also include a user interface 97 that may provide information to the user, such as a display of biometric or other data in real-time; ¶041). Both, Breed and Lo are silent on being adapted to display a computer readable symbol, and wherein at least one of the first surveillance sensor element and the second surveillance sensor element is adapted to acquire the displayed computer readable symbol.
Miller from an analogous system for user identification art teaches the concepts of a machine-readable code such as a bar code or QR code being exchanged between a merchant financial transactional and a customer smartwatch or wearable device, whereby the machine- readable code is displayed on a merchant device and scanned by a customer device to accept an offer and direct the customer to various survey questions or promotional materials. In other embodiments, the machine-readable code is generated on the consumer device via website access, text message, or other digital communication; the machine-readable code is then scanned by a merchant device to pay for all or part of the amount owed by the customer (¶013).
In other words, Miller teaches a user worn device being adapted to display a computer readable symbol, and wherein a surveillance sensor element of another device is adapted to acquire the displayed computer readable symbol (Examiner posits this to be functionally equivalent to the claimed feature). Therefore it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the teachings of Breed with the concept of being adapted to display a computer readable symbol, and wherein at least one of the first surveillance sensor element and the second surveillance sensor element is adapted to acquire the displayed computer readable symbol, as taught by Miller so that a machine readable code on a user’s device is displayed and scanned by a second device to accept interactions specific to a user and another specific entity associated with said second device.
Regarding claim 14, (Currently Amended), Breed, Lo and Miller teach the personal surveillance system according to claim 13, and Miller further suggests wherein a secure mode of interacting is enabled only after a valid computer readable symbol displayed on the display element and was acquired by the surveillance sensor element (the machine readable code is generated on the consumer device via website access, text message, or other digital communication; the machine readable code is then scanned by a merchant device to pay for all or part of the amount owed by the customer (¶013).. The motivation is the same as claim 13.
Regarding claim 15, (Currently Amended), Breed, Lo and Miller teach the personal surveillance system according to claim 13, and Breed further teaches at least one of the first personal surveillance device (standalone monitoring system 20) and the second personal surveillance device (not selected by Examiner) further comprising an interaction element (first camera 25 and/or second camera 26; ¶065) adapted for interaction with the person to be surveyed (perform facial recognition and retinal or iris scans of the user; ¶065), wherein interacting with the interaction element enables at least one of the first surveillance sensor elements and the second surveillance sensor element to acquire image information,, wherein the acquired image information comprises the one of the first personal surveillance device and the second personal surveillance device. (With appropriate processing, the facial recognition may track and save identifying data from facial blood vessels. A simpler technique will save a three-dimensional model of the shape of the user's head; ¶065, also see ¶066; first camera 110, 25 and the second camera 112, 26 alone or in combination can perform facial recognition and retinal or iris scans of the user. With appropriate processing, the facial recognition may track and save identifying data from facial blood vessels. A simpler technique will save a three-dimensional model of the shape of the user's head; ¶065). The motivation is the same as claim 13.
Regarding claim 23, Breed and Lo teach the method of claim 17 and and Breed teaches the method further comprising affixing a personal surveillance device (headset 75 in Fig 2, wearable electronic device 95 in Fig 2, 8-9) to a person to be surveyed (standalone monitoring system 20 also may include a headset 75 that is configured to provide sound notifications to the user and may be configured to monitor biometrics of the user; ¶040; or standalone monitoring system 20 may also include a wearable electronic device 95; ¶041, Fig 2, 8-9), determining a surveillance status of the person to be surveyed (when the conditions in the remote session environment are compliant, the light 118 or the display panel 55 can provide a green light; ¶057), and switching from a regular mode of interacting with the computing environment to a secure mode of interacting with the computing environment when the surveillance status information indicates a compliant surveillance status (during test taking, the standalone monitoring system 320 will control the tablet computer and prevent internet access or other types of communications to or from the computer. During test taking a limited operating system will be enabled; ¶122) standalone monitoring system 20 configured to monitor a remote user 101 in a remote test taking or other transaction environment 100 to ensure compliance with behavioral parameters, i.e., to prevent cheating; ¶031).
Breed and Lo are silent on wherein the in particular switching is performed after at least one of the first surveillance sensor element and the second surveillance sensor element has acquired a computer readable symbol displayed on the second personal surveillance device.
Miller from an analogous system for user identification art teaches the concepts of a machine-readable code such as a bar code or QR code being exchanged between a merchant financial transactional and a customer smartwatch or wearable device, whereby the machine- readable code is displayed on a merchant device and scanned by a customer device to accept an offer and direct the customer to various survey questions or promotional materials. In other embodiments, the machine-readable code is generated on the consumer device via website access, text message, or other digital communication; the machine-readable code is then scanned by a merchant device to pay for all or part of the amount owed by the customer (¶013).
In other words, Miller teaches a user worn device being adapted to display a computer readable symbol, and wherein a surveillance sensor element of another device is adapted to acquire the displayed computer readable symbol (Examiner posits this to be functionally equivalent to the claimed feature). Therefore it would have been obvious for one of ordinary skill in the art at the time of filing the invention to further combine the teachings of Breed with the concept of being adapted to display a computer readable symbol, and wherein at least one of the first surveillance sensor element and the second surveillance sensor element is adapted to acquire the displayed computer readable symbol, as taught by Miller so that a machine readable code on a user’s device is displayed and scanned by a second device to accept interactions specific to a user and another specific entity associated with said second device.
Claims 6, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Breed et al. (U.S. Patent Application Pub. U.S. 2015/0037781) in view of Lo et al (CN 112102129) further in view of Sprague et al. (U.S. Patent Application Pub. 2014/0310598).
Regarding claim 6, Breed and Lo teach the personal surveillance device according to claim 1 and Breed further teaches wherein at least one of the first surveillance sensor element and the second surveillance sensor elements, during a defined surveillance time span (standalone monitoring system 20 configured to be coupled to a standard computing device, such as a laptop of the user to administer a test and monitor the user 101 and the remote session environment 100 during a remote session; ¶137), is surveying a physical space and/or a person (Figs 1, & 10) in a physical space substantially continuously (system constantly monitors the user during the remote session; ¶133), and wherein upon detection of a surveillance event indicative of a non-compliant surveillance status, the stored surveillance sensor data is retained in the personal surveillance device (central processing unit 502’s sensor algorithms that evaluate data from sensors for anomalous behavior... memory will store date and time information about remote session and time stamps associated with any anomalies; ¶125), and wherein otherwise the temporarily stored surveillance sensor data is discarded or overwritten after a defined time period (when the application is exited from or shut down, the input stream may be discarded; ¶055). but Breed and Lo are both silent on:
wherein surveillance sensor data of the first surveillance sensor element and/or the second surveillance sensor element is stored temporarily in the personal surveillance device, and in particular as a loop of a defined length.
Sprague from an analogous recording/ processing video data art teaches the concept of a sensor storing video data temporarily in surveillance device, in particular as a loop of a defined length (system may be configured to using a loop recorder implementation in which, upon execution, it automatically starts recording audio, video, or data content and stores the incoming input stream to a temporary storage location (cache). If the application is exited from or shut down, the input stream may be discarded. If the user executes the application again, it would automatically begin a new recording. If a user indicates that segment(s) of the input stream should be permanently recorded, then those segment(s) may be stored to a permanent storage location shown on the spiral timeline in a different color shade or using a transparency overlay on the respective portion of the spiral timeline (or shown in any other way capable of differentiating the recorded portions stored to temporary memory from those portions stored in permanent memory). In this way, the spiral timeline can be used to help easily distinguish portions of an input signal that are stored in temporary storage verses those portions that are stored in permanent storage; ¶055), Therefore it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the teachings of Breed with the concept whereby sensor data is stored temporarily in the personal surveillance device, and in particular as a loop of a defined length, as taught by Sprague for the advantage of only permanently saving sensor data when indicated by the user.
Regarding claim 21, Breed and Lo teach the method of claim 17, and Breed teaches the method further comprising continuously surveying a person during a defined surveillance timespan with at least one of the first surveillance sensor element and second surveillance sensor element
detecting one of a compliant surveillance status (when the conditions in the remote session environment are compliant, the light 118 or the display panel 55 can provide a green light; ¶057) and a non-compliant surveillance status of the person (standalone monitoring system 20 can notify the user when their behavior or when the remote session environment is not in compliance; ¶040;
upon detection of a surveillance event indicative of a non-compliant surveillance status (standalone monitoring system 20 can notify the user when their behavior or when the remote session environment is not in compliance; ¶040), retaining the temporarily stored surveillance sensor data in the personal surveillance device (central processing unit 502’s sensor algorithms that evaluate data from sensors for anomalous behavior... memory will store date and time information about remote session and time stamps associated with any anomalies; ¶125), and otherwise discarding or overwriting the stored surveillance sensor data after a defined time period (when the application is exited from or shut down, the input stream may be discarded; ¶055); and in particular switching from a secure mode of interacting with the computing environment to a regular mode of interacting with the computing environment (standalone monitoring system 320 is configured to operate in conjunction with dual-mode tablet computer. The dual modes being normal operation and test taking operation; ¶122; also see mode, per ¶115); and
generating non-compliance surveillance status information comprising at least part of the retained surveillance sensor data of at least one of the first surveillance sensor element and the second surveillance sensor elements obtained while surveying the person (speakers and microphone can assist in preventing assistance by a consultant. For example, the speakers 106 may emit a continual or periodic sound emission along with audio reception and comparison of the sound emission to reception. The monitoring may be initiated when it is known that the online or other remote session-taker is the only person in the room; ¶089) while the secure mode of interacting was active.
Breed and Lo are silent on storing surveillance sensor data of at least one of the first surveillance sensor element and second surveillance sensor element temporarily, in particular storing a loop of the surveillance sensor data of a defined length, Sprague from an analogous recording/ processing video data art teaches the concept of a sensor storing video data temporarily in surveillance device, in particular as a loop of a defined length (system may be configured to using a loop recorder implementation in which, upon execution, it automatically starts recording audio, video, or data content and stores the incoming input stream to a temporary storage location (cache). If the application is exited from or shut down, the input stream may be discarded. If the user executes the application again, it would automatically begin a new recording. If a user indicates that segment(s) of the input stream should be permanently recorded, then those segment(s) may be stored to a permanent storage location shown on the spiral timeline in a different color shade or using a transparency overlay on the respective portion of the spiral timeline (or shown in any other way capable of differentiating the recorded portions stored to temporary memory from those portions stored in permanent memory). In this way, the spiral timeline can be used to help easily distinguish portions of an input signal that are stored in temporary storage verses those portions that are stored in permanent storage; ¶055), Therefore it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the teachings of Breed with the concept whereby sensor data is stored temporarily in the personal surveillance device, and in particular as a loop of a defined length, as taught by Sprague for the advantage of only permanently saving sensor data when indicated by the user.
Response to Arguments
Applicant’s prior art arguments to claims 1-8, 10-15, 17-18 and 20-23 have been fully considered, but are moot because independent claims 1, 10 and 17 were amended by Applicant to include new features that were never previously presented. Therefore, the scope of claims 1, 10 and 17 and their dependent claims were changed. However, another prior art is applied to reject these claims.
Conclusion
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/MANCIL LITTLEJOHN JR/Examiner, Art Unit 2685
/QUAN ZHEN WANG/Supervisory Patent Examiner, Art Unit 2685