DETAILED ACTION
This Office Action is in response to the application 18/319,288 filed on 05/17/2023.
Claims 1-20 have been examined and are pending in this application.
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 .
Election/Restrictions
For the record, the Examiner acknowledges that NO restrictions warranted at applicants
initial time of filing for patent.
Priority
For the record, the Examiner acknowledges that NO foreign priority claimed at
applicant’s initial time of filing for patent.
Information Disclosure Statement
The information disclosure statement (IDS), submitted on 05/17/2023, is in compliance
with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is
being considered by the examiner.
Oath/Declaration
For the record, the Examiner acknowledges that the Oath/Declaration submitted on
05/17/2023 has been accepted.
Drawings
For the record, the Examiner acknowledges that the drawings filed on 05/17/2023 has
been accepted.
Specification
For the record, the Examiner acknowledges that the Applicant's specification filed on
05/17/2023 has been accepted.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 20 is rejected under 35 U.S.C. 101 because claim 20 is directed towards a computer program product embodied on a computer readable storage media. The specification as originally filed does not define the metes and bounds of what is meant to be encompassed by the term "computer readable storage media", thus the term can broadly, but reasonable be interpreted to include signals per se, which means that claim 19 is directed towards signals per se and is not statutory, see In re Nuijten, 500 F.3d 1346, 1357 (Fed. Cir. 2007). Applicant may overcome this rejection by instead reciting a "non-transitory computer readable storage media" in place of "computer readable storage media".
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Gernoth et al. (hereinafter Gernoth), Pub. No.: US 2019/0080149.
Referring to claim 1, Gernoth teaches a method of authenticating a user, comprising:
obtaining an image of a skin portion of a user’s body (paras. 0004, 0029, image of a user);
identifying one or more landmarks from said image associated with said skin portion of said user, wherein a landmark includes at least one skin anomaly (paras. 0049, 0053-0056, identify landmark);
analyzing said one or more identified landmarks at least with respect to location, form, dimensions and distances between one or more body parts or one or more other landmarks (para. 0049 and fig. 4, identity landmark location 210);
generating a unique signal based on said identification and analysis of any of said one or more identified landmarks (paras. 0049, 0053 and figs. 7=8); and
storing said unique signal for authentication of said user (paras. 0023, 0032-0033 and fig. 1, memory 106).
Referring to claim 2, Gernoth further teaches comprising associating said generated unique signal with said user in a user profile (paras. 0023, 0032 and fig. 3, authenticate a user by capturing images of the user ).
Referring to claim 3, Gernoth further teaches wherein there are a plurality of users and said unique signal includes a combination of several users or a combination between at least two different landmarks associated with at least one user (paras. 0036, 0040 and claim 1).
Referring to claim 4, Gernoth further teaches wherein there are a plurality of landmarks identified for said user and said unique signal is provided by generating a numerical sequence of said one or more identified landmarks (paras. 0049, 0053-0056, identify landmark).
Referring to claim 5, Gernoth further teaches wherein said numerical sequence further comprises providing a sequence of each one or more identified landmark presentation in a particular order having at least one repetition (paras. 0032-0033, 0053-0056).
Referring to claim 6, Gernoth further teaches wherein said user will not be authenticated unless said numerical sequence is provided (paras. 0045, 0052, 0059).
Referring to claim 7, Gernoth further teaches wherein analysis of a landmark location includes identification of said one or more landmark in relation to distance to a user body part (paras. 0049, 0053-0056 and figs. 4 and 8, identified landmark).
Referring to claim 8, Gernoth further teaches wherein said distance is measured in three dimensions and distances between any other identified landmark(s) in proximity as identified (paras. 0053-0056).
Referring to claim 9, Gernoth further teaches wherein said distance is measured in three dimensions and distances between each proximal other body parts as identified.
Referring to claim 10, Gernoth further teaches wherein analysis of a form and dimensions of said landmark includes said landmark(s) three dimensional measurements including any angles (para. 0034, three-dimensional).
Referring to claim 11, Gernoth further teaches wherein said dimensions include its measurements in all X, Y and Z directions and any angles of attachments of a raised landmark to a body part (para. 0034, 0036, 0049-0051).
Referring to claim 12, Gernoth further teaches wherein said image is obtained from a video or a live streaming broadcast (paras. 0026, 0065).
Referring to claim 13, Gernoth further teaches wherein said image is obtained from a smart device.
Referring to claim 14, Gernoth further teaches wherein said unique sequence is stored and associated to said user, further comprising authenticating said user by comparing a user’s current image with that of said previously stored sequence connected to said user (paras. 0032-0033).
Referring to claim 15, Gernoth further teaches wherein said user is authenticated when entering a virtual environment or changing from one virtual environment into another virtual environment or into a real environment (paras. 0025, 0066 and fig. 66, wireless communication).
Referring to claim 16, This claim is similar in scope to claim 1, and is therefore rejected under similar rationale.
Referring to claim 17, This claim is similar in scope to claim 3, and is therefore rejected under similar rationale.
Referring to claim 18, This claim is similar in scope to claim 4, and is therefore rejected under similar rationale.
Referring to claim 19, This claim is similar in scope to claim 14, and is therefore rejected under similar rationale.
Referring to claim 20, This claim is similar in scope to claim 1, and is therefore rejected under similar rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YONAS A BAYOU whose telephone number is (571)272-7610. The examiner can normally be reached Monday-Friday 7AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Chea can be reached at 571-272-3951. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YONAS A BAYOU/Primary Examiner, Art Unit 2499 07/01/2026
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