DETAILED ACTION
This is a final Office action in response to communications received on 9/30/2025. Claims 6, 16 and 25 were amended. New claim 26 was added and no new claims were cancelled Claims 6-26 are pending and are examined. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s remarks regarding the rejection of the claims under 103 have been considered, but are found unpersuasive.
Applicant’s arguments in the Remarks, filed 9/30/2025, with respect to the claims rejected under 103 have been fully considered but are considered moot because newly added limitations to the claims disclosing “controlling display of a first circular mark partially overlapping the image that satisfies the predetermined quality, the first circular mark including, inside the circle, a symbol indicating that the predetermined quality is satisfied” and “controlling display of a second circular mark partially overlapping the image that does not satisfy the predetermined quality, the second circular mark including, inside the circle, a symbol indicating that the predetermined quality is not satisfied” require a new ground of rejection necessitated by amendments.
The remaining arguments fail to comply with 37 C.F.R. § 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Accordingly, the rejection of the claims under 35 USC 103 is sustained.
Objections
Claims 6, 16 and 25 are objected to because such limitations as “display of a first circular mark partially overlapping the image . . . the first circular mark including, inside the circle” and “display of a second circular mark partially overlapping the image . . . .the second circular mark including, inside the circle” merely disclose how the claim elements are arranged in a display and do not impact the functionality of the invention. Claim limitations that are directed to how claim elements are arranged/displayed rather how the invention functions have been found to be unpatentable and/or a design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). Regardless of how the circular marks are arranged or where the symbols are located, the information conveyed by the symbols does not change. The Examiner recommends instead amending the claims to disclose how the images are obtained and used to authenticate the user rather than how the data obtained is displayed to the user.
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 6, 16 and 25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 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.
Claims 6, 16 and 25 are rejected as indefinite because there is insufficient antecedent basis for the claim limitation “inside the circle”. First, there is no mention of circles - only a first and second circular mark. In addition, if applicant meant to refer to a circular mark, they must specify which circular mark they are referring to (first or second). Appropriate clarification/correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 6-13, 16-23 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Fan (US 2018/0173980).
Regarding claim 6, Fan discloses the limitations substantially as follows:
An imaging method comprising:
controlling display of an instruction to a user (paras. [0223], [0293], [0318], [0333], [0389], Fig. 20: displaying instructions to the user);
controlling acquisition of a plurality of images (paras. [0223], [0318], [0344], Fig. 20: managing acquiring of multiple images);
controlling determining whether at least one of the acquired images satisfies a predetermined quality (paras. [0289], [0318], [0333], [0344], [0377], Fig. 20: determining whether preset requirements/quality standards of the image acquisition condition is satisfied with regards to quality); and
controlling display of, in a case where at least one of the acquired images does not satisfy the predetermined quality, the at least one of the acquired images that does not satisfy the predetermined quality (paras. [0368], [0377], [0380], [0442]-[0443]: displaying part of a real-time image of a user face in a face preview region when the preset requirement of the image acquisition condition is determined to not be satisfied, where the real-time image is displayed along with adjustment prompt information notifying the user of adjustments to the user face position or user environment to satisfy the preset requirements/predetermined quality);
controlling display of an image satisfying the predetermined quality in color and an image that does not satisfy the predetermined quality in grayscale or monochrome (paras. [0143], [0169]-[0170], [0173], [0175]: controlling how light characteristics on the image of the user face is displayed in order to satisfy the required color of the emitted light for satisfying the illumination liveness detection (i.e. predetermined quality in color), wherein determining whether the image acquired satisfies the requirements may be made using images captured using full-color of black and white (i.e. monochrome) cameras);
controlling display of a first circular mark partially overlapping the image that satisfies the predetermined quality, the first circular mark including, inside the circle, a symbol indicating that the predetermined quality is satisfied (paras. [0014], [0306], [0318]-[0319], Fig. 20: displaying a preset circular region (i.e. first circular mark) on top of which (i.e. at least partially overlapping) is a facial image in a circular face region (i.e. causing the two circular regions to overlap), where the preset circular region may have a circular progress bar indicating the progress of successfully obtaining a satisfactory face image (i.e. symbol indicating quality is satisfied)); and
controlling display of a second circular mark partially overlapping the image that does not satisfy the predetermined quality, the second circular mark including, inside the circle, a symbol indicating that the predetermined quality is not satisfied (paras. [0014], [0306]-[0307], [0318]-[0319], Fig. 20: displaying a preset circular region (i.e. second circular mark) that partially overlaps with the image of the user face that is outside the bounds of where the user face is supposed to be in order to satisfy the preset requirements/predetermined quality, and further displaying an arrow pointing from the face region to the preset region and a preset circle region containing only part of the user face (i.e. symbols indicating that the predetermined quality is not satisfied)).
Fan does not explicitly disclose satisfying a predetermining quality, however it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that satisfying the preset requirements means satisfying certain quality standards because Fan discloses meeting the preset requirements enables “face images with good quality” to be acquired (Fan, para. [0333]) because the preset requirements include such things as verifying that the position of the face is close enough to the center of the image, that the face to be verified is sufficiently upright and that the size of the face to be verified is not too close or too far away from the image acquisition device (Fan, para. [0333]). In addition, it would have been a matter of design choice to place the arrow in Fan within the preset circular region because the arrow could be located anywhere on the display so long as it points in the right direction and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that the arrow in Fan could be located within the circular region to show the user that their face needs to move closer to the preset circular region.
Regarding claims 7 and 17, Fan discloses the limitations of the method of claim 6 and the computer-readable storage medium of claim 16.
Fan discloses the limitations of claims 7 and 17 as follows:
further comprising controlling display of guidance for acquiring images of the predetermined quality (paras. [0289], [0318], [0333], [0344], [0377], Fig. 20: issuing instructions and adjustment prompt information to obtain images that comply with preset requirement/quality standards of the image acquisition condition).
Regarding claims 8 and 18, Fan discloses the limitations of the method of claim 6 and the computer-readable storage medium of claim 16:
Fan discloses the limitations of claims 8 and 18 as follows:
further comprising controlling display of guidance corresponding to a reason why the at least one of the acquired images does not satisfy the predetermined quality (paras. [0018], [0368], [0377], [0380], [0442]-[0443]: displaying adjustment prompt information notifying the user when there is an adjustment in their position or the user environment that the user needs to remedy in order to satisfy the preset requirements).
Regarding claims 9 and 19, Fan discloses the limitations of the method of claims 6 and 8 and the computer-readable storage medium of claims 16 and 18:
Fan discloses the limitations of claims 9 and 19 as follows:
further comprising controlling display of both the at least one of the acquired images that does not satisfy the predetermined quality and guidance corresponding to a reason why the at least one of the acquired images does not satisfy the predetermined quality (paras. [0298], [0368], [0377], [0380], [0442]-[0443]: displaying part of a real-time image of a user face in a face preview region when the preset requirement of the image acquisition condition is determined to not be satisfied, where the real-time image is displayed along with adjustment prompt information notifying the user when the user must make adjustments to the user face position or user environment because they are not currently satisfying preset requirements).
Regarding claims 10 and 20, Fan discloses the limitations of the method of claims 6 and 8 and the computer-readable storage medium of claims 16 and 18:
Fan discloses the limitations of claims 10 and 20 as follows:
wherein the guidance includes information related to an acquiring environment in a case where the at least one of the acquired images does not satisfy the predetermined quality due to an insufficient acquiring environment (paras. [0368], [0380], [0383], [0442]-[0443]: adjustment prompt information output when the acquired images do not satisfy preset requirements/quality standards includes notification that the acquired images are too blurry and that the user should physically clean the image acquisition device (i.e. insufficient acquiring environment)).
Regarding claims 11 and 21, Fan discloses the limitations of the method of claims 6 and 8 and the computer-readable storage medium of claims 16 and 18:
Fan discloses the limitations of claims 11 and 21 as follows:
further comprising controlling display of a visual symbol related to the guidance (paras. [0306]-[0307], [0318], [0409], Figs. 20, 24, 26: displaying icon visually with instructions for user).
Regarding claims 12 and 22, Fan discloses the limitations of the method of claims 6 and 7 and the computer-readable storage medium of claims 16 and 17:
Fan discloses the limitations of claims 12 and 22 as follows:
further comprising controlling change guidance based on a reason why the at least one of the acquired images does not satisfy the predetermined quality (paras. [0368], [0377], [0380], [0383], [0442]-[0443]: adjustment prompt information and instructions to user requiring user to change/adjust their position/alignment/environment (i.e. change guidance) are based on the acquired images not meeting the preset requirements/quality standards).
Regarding claims 13 and 23, Fan discloses the limitations of the method of claims 6 and 7 and the computer-readable storage medium of claims 16 and 17:
Fan discloses the limitations of claims 13 and 23 as follows:
further comprising controlling display of, at a position above at least a portion of the at least one of the acquired images, failure information indicating failure to acquire the at least one image that does not satisfy the predetermined quality (paras. [0368], [0377], [0380], [0383], [0442]-[0443], Figs, 20, 24, 26: displaying adjustment prompt information above at least a portion of an acquired image of a face indicating the previously acquired images failed to meet the preset requirements/quality standards).
Regarding claim 16, Fan discloses the limitations substantially as follows:
A non-transitory computer-readable storage medium storing a program for causing a computer to execute operations comprising:
controlling display of an instruction to a user (paras. [0223], [0293], [0318], [0333], [0389] [Fig. 20: displaying instructions to the user);
controlling acquisition of a plurality of images (paras. [0223], [0318], [0344], Fig. 20: managing acquiring of multiple images);
controlling determining whether at least one of the acquired images satisfies a predetermined quality (paras. [0289], [0318], [0333], [0344], [0377], Fig. 20: determining whether preset requirements/quality standards of the image acquisition condition is satisfied with regards to quality);
controlling display of, in a case where at least one of the acquired images does not satisfy the predetermined quality, the at least one of the acquired images that does not satisfy the predetermined quality (paras. [0368], [0377], [0380], [0442]-[0443]: displaying part of a real-time image of a user face in a face preview region when the preset requirement of the image acquisition condition is determined to not be satisfied, where the real-time image is displayed along with adjustment prompt information notifying the user of adjustments to the user face position or user environment to satisfy the preset requirements/predetermined quality);
controlling display of an image satisfying the predetermined quality in color and an image that does not satisfy the predetermined quality in grayscale or monochrome (paras. [0143], [0169]-[0170], [0173], [0175]: controlling how light characteristics on the image of the user face is displayed in order to satisfy the required color of the emitted light for satisfying the illumination liveness detection (i.e. predetermined quality in color), wherein determining whether the image acquired satisfies the requirements may be made using images captured using full-color of black and white (i.e. monochrome) cameras);
controlling display of a first circular mark partially overlapping the image that satisfies the predetermined quality, the first circular mark including, inside the circle, a symbol indicating that the predetermined quality is satisfied (paras. [0306], [0318]-[0319], Fig. 20: displaying a preset circular region (i.e. first circular mark) on top of (i.e. overlapping) which circular face region is displayed (i.e. causing the two circles to overlap), where the preset circular region may have a circular progress bar indicating the progress of successfully obtaining a satisfactory face image (i.e. symbol indicating quality is satisfied)); and
controlling display of a second circular mark partially overlapping the image that does not satisfy the predetermined quality, the second circular mark including, inside the circle, a symbol indicating that the predetermined quality is not satisfied (paras. [0306]-[0307], [0318]-[0319], Fig. 20: displaying a preset circular region (i.e. second circular mark) that partially overlaps with the image of the user face that is outside the bounds of where the user face is supposed to be in order to satisfy the preset requirements/predetermined quality, and further displaying an arrow pointing from the face region to the preset region and a preset circle region containing only part of the user face (i.e. symbols indicating that the predetermined quality is not satisfied)).
Fan does not explicitly disclose satisfying a predetermining quality, however it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that satisfying the preset requirements means satisfying certain quality standards because Fan discloses meeting the preset requirements enables “face images with good quality” to be acquired (Fan, para. [0333]) because the preset requirements include such things as verifying that the position of the face is close enough to the center of the image, that the face to be verified is sufficiently upright and that the size of the face to be verified is not too close or too far away from the image acquisition device (Fan, para. [0333]).
Regarding claim 25, Fan discloses the limitations substantially as follows:
An imaging device comprising: at least one memory storing instructions; and at least one processor configured to execute the instructions to execute operations comprising:
controlling display of an instruction to a user (paras. [0223], [0293], [0318], [0333], [0389] [Fig. 20: displaying instructions to the user);
controlling acquisition of a plurality of images (paras. [0223], [0318], [0344], Fig. 20: managing acquiring of multiple images);
controlling determining whether at least one of the acquired images satisfies a predetermined quality (paras. [0289], [0318], [0333], [0344], [0377], Fig. 20: determining whether preset requirements/quality standards of the image acquisition condition is satisfied with regards to quality);
controlling display of, in a case where at least one of the acquired images does not satisfy the predetermined quality, the at least one of the acquired images that does not satisfy the predetermined quality (paras. [0368], [0377], [0380], [0442]-[0443]: displaying part of a real-time image of a user face in a face preview region when the preset requirement of the image acquisition condition is determined to not be satisfied, where the real-time image is displayed along with adjustment prompt information notifying the user of adjustments to the user face position or user environment to satisfy the preset requirements/predetermined quality).
controlling display of an image satisfying the predetermined quality in color and an image that does not satisfy the predetermined quality in grayscale or monochrome (paras. [0143], [0169]-[0170], [0173], [0175]: controlling how light characteristics on the image of the user face is displayed in order to satisfy the required color of the emitted light for satisfying the illumination liveness detection (i.e. predetermined quality in color), wherein determining whether the image acquired satisfies the requirements may be made using images captured using full-color of black and white (i.e. monochrome) cameras);
controlling display of a first circular mark partially overlapping the image that satisfies the predetermined quality, the first circular mark including, inside the circle, a symbol indicating that the predetermined quality is satisfied (paras. [0306], [0318]-[0319], Fig. 20: displaying a preset circular region (i.e. first circular mark) on top of (i.e. overlapping) which circular face region is displayed (i.e. causing the two circles to overlap), where the preset circular region may have a circular progress bar indicating the progress of successfully obtaining a satisfactory face image (i.e. symbol indicating quality is satisfied)); and
controlling display of a second circular mark partially overlapping the image that does not satisfy the predetermined quality, the second circular mark including, inside the circle, a symbol indicating that the predetermined quality is not satisfied (paras. [0306]-[0307], [0318]-[0319], Fig. 20: displaying a preset circular region (i.e. second circular mark) that partially overlaps with the image of the user face that is outside the bounds of where the user face is supposed to be in order to satisfy the preset requirements/predetermined quality, and further displaying an arrow pointing from the face region to the preset region and a preset circle region containing only part of the user face (i.e. symbols indicating that the predetermined quality is not satisfied)).
Fan does not explicitly disclose satisfying a predetermining quality, however it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that satisfying the preset requirements means satisfying certain quality standards because Fan discloses meeting the preset requirements enables “face images with good quality” to be acquired (Fan, para. [0333]) because the preset requirements include such things as verifying that the position of the face is close enough to the center of the image, that the face to be verified is sufficiently upright and that the size of the face to be verified is not too close or too far away from the image acquisition device (Fan, para. [0333]).
Regarding claim 26, Fan discloses the limitations of claims 6 and 8.
Fan discloses the limitations of claim 26 as follows:
The imaging method according to claim 8, wherein the first circular mark partially overlapping and partially not overlapping the image satisfies the predetermined quality (paras. [0014], [0306]-[0307], [0318]-[0319], Fig. 20: preset requirement of image acquisition condition (i.e. predetermined quality) is satisfied when displaying a preset circular region (i.e. first circular mark) on top of which (i.e. at least partially overlapping) is a facial image in a circular face region (i.e. causing the two circles to overlap) which occurs when the facial image is within reference region it must be in to meet the preset requirement) and
wherein the second circular mark partially overlapping and partially not overlapping the image does not satisfy the predetermined quality (paras. [0014], [0306]-[0307], [0318]-[0319], Fig. 20: preset requirement of image acquisition condition (i.e. predetermined quality) is not satisfied when the preset circular region (i.e. second circular mark) partially overlaps with the image of the user face that is outside the bounds of where the user face is supposed to be in order to satisfy the preset requirements/predetermined quality).
Claims 14-15 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Fan
(US 2018/0173980), as applied to claims 6 and 16, further in view of Van OS (US 2019/0080072).
Regarding claims 14 and 24, Fan discloses the limitations of the method of claims 6 and 7, 13 and the computer-readable storage medium of claims 16 and 17 and 23:
Fan does not explicitly disclose the limitations of claims 14 and 24, however in the same field of endeavor, Van OS discloses the limitations of claims 14 and 24 as follows:
further comprising controlling display of a cancel button at a position below the at least one of the acquired images (paras. [0261], [0598], [0620], [0952], Fig. 15Q: displaying touch cancellation at a position below the face).
Van OS is combinable with Fan because all are from the same field of endeavor of facial recognition/authentication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to integrate Van OS’s method of having a cancel button with the system of Fan in order to increase the flexibility of the system by enabling a user to cancel the procedure when it is no longer necessary to avoid unnecessary processing time and resources.
Regarding claim 15, Fan discloses the limitations of the method of claims 6 and 7:
Fan discloses the limitations of claim 15 as follows:
further comprising controlling display of, in a case where at least one of the acquired images does not satisfy the predetermined quality, the at least one of the acquired images that does not satisfy the predetermined quality (paras. [0280]-[0282], [0368], [0377], [0380], [0383]: displaying at least part of the images of the user face captured in real-time with adjustment prompt information indicating that the images do not satisfy preset requirements/quality when the failure to meet the requirements exceeds a time period)
Fan does not explicitly disclose the remaining limitations of claim 15 as follows:
does not satisfy the predetermined quality within a predetermined time
However, in the same field of endeavor, Van OS discloses the remaining limitations of claim 15 as follows:
does not satisfy the predetermined quality within a predetermined time ((paras. [0368], [0377], [0380], [0383], [0442]-[0443]: controlling display of representation of captured images of user face in cases where the device detects that an alignment error (i.e. not satisfying predetermined quality) persists for a predetermined amount of time)).
Van OS is combinable with Fan because all are from the same field of endeavor of facial recognition/authentication. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to integrate Van OS’s method of determining when an event persists for a predetermined time that goes against quality standards/is an error with the system of Fan in order to enable the system to identify and track more severe threats to the quality standards of the system by tracking and identifying errors that occur for sustained amounts of time.
Prior art considered but not relied upon includes:
1) Nechyba (US 2014/0307929) discloses enrolling a facial image of a user and authenticating a user by capturing facial images and facial gestures of a user and comparing them against the stored enrolled facial images in order to perform facial recognition and liveness (paras. [0037]-[0039], [0050]-[0053]).
Conclusion
For the above-stated reasons, claims 6-26 are rejected.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 SHARON S LYNCH whose telephone number is (571)272-4583. The examiner can normally be reached on 10AM-6PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taghi T Arani can be reached on 571-272-3787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHARON S LYNCH/Primary Examiner, Art Unit 2438