DETAILED ACTION
This Action is in consideration of the Applicant’s response on February 12, 2026. Claims 1, 7, 11, and 24 – 26 are amended by the Applicant. Claims 4, 5, 8 – 10, 12, and 18 – 21 are canceled. Claims 13 – 17 and 23 were previously withdrawn. Claims 1 – 3, 6, 7, 11, 22, and 24 – 26, where Claim 1 and 11 in independent form, are presented for examination.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 12, 2026 has been entered.
Response to Arguments
Applicant's arguments filed February 12, 2026 have been fully considered but they are moot based on the new grounds of rejection necessitated by amendment.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 – 3, 6, 7, 11, 21, 22, 24, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over PGPub. 2020/0252381 (hereinafter “Machani”), in view of PGPub. 2015/0235017 (hereinafter “Oberheide”).
1. Regarding Claim 1, Machani disclose of a method for recovering data associated with loss of a device (D) [Fig. 3; Para. 0036], the method comprising:
a) acquiring a recovery code associated with the device (D), wherein the recovery code is acquired by scanning, using a second device, a scannable code generated after reporting loss of the device [Fig. 3; Para. 0030, 0039; user opens application and scans the provided QR code to register the new device or access protected resource];
b) matching a second inherence factor of a user recovering the data associated with the device (D) with a first inherence factor of a user which is assigned to the device (D), wherein the inherence factors comprise a combination of facial recognition and live detection [Fig. 3; Para. 0029, 0039; entered facial biometrics used as part of the multi-factor authentication], wherein the first inherence factor is acquired when enrolling the device (D) and storing the first inherence factor on an authentication server separate from the device (D) [Fig. 4; Para. 0031, 0034-35], thereby assigning the user to the device (D) [Para. 0026, 0031]; and
c) allowing a recovery of the data associated with the device (D) upon the second inherence factor of the user recovering the device and the first inherence factor of the user which is assigned to the device sufficiently matching [Fig. 3; Para. 0030-31; aggregated identity assurance value satisfies predefined criteria, including facial biometrics, access to protected resource is granted];
d) wherein the matching is performed by connecting the second device with the authentication server and wherein the matching is performed at the authentication server [].
Machani discloses that the authentication data associated with the user is enrolled with the authentication server and that biometrics can be captures with a device’s camera [Para. 0026, 0034-35]. Machani, however does not specifically disclose that the first inherence factor is acquired by instructing the user to take a photo or video sequence with a camera of the device (D).
Oberheide discloses a system and method of registering a user device with biometric credentials [Abstract]. Oberheide further discloses that when a user registers a biometric profile, the camera on the device can be used to obtain the facial sampled used to create the profile (the first inherence factor is acquired by instructing the user to take a photo or video sequence with a camera of the device (D)) [Para. 0027-29]. It would have been obvious to one skilled in the art before the effective date of the current invention to incorporate the teachings of Oberheide with Machani since both systems perform biometric authentication. The combination enables the user device to use the existing sensors of the device to sample and register biometric readings for wider application to mobile devices (obvious to one skilled in the art).
2. Regarding Claim 2, Machani, in view of Oberheide, discloses the limitations of Claim 1. Machani further discloses of reporting a loss of the device (D) to be recovered to a higher level system [Fig. 1; Para. 0028; account recovery system].
3. Regarding Claim 3, Machani, in view of Oberheide, discloses the limitations of Claim 2. Machani further discloses that after reporting the loss of the device (D) to be recovered to the higher level system, the higher level system generates the recovery code in step a) [Fig. 3; Para. 0030].
4. Regarding Claim 6, Machani, in view of Oberheide, discloses the limitations of Claim 1. Machani further discloses that the inherence factors each comprise multiple different inherence factors [Fig. 4; Para. 0029, 0032, 0034; multiple assurance techniques can be aggregated to meet authentication criteria].
5. Regarding Claim 7, Machani, in view of Oberheide, discloses the limitations of Claim 1. Machani further discloses that the method is executed with an App stored on the device (D) [Para. 0015, 0030].
6. Regarding Claim 8, Machani, in view of Oberheide, discloses the limitations of Claim 7. DeRosa-Grund further discloses for enrollment of the App, the App is downloaded and registered at an authentication server assigning the device (D) on which the App is running to the user [Para. 0117-118].
7. Regarding Claim 9, Machani, in view of Oberheide, discloses the limitations of Claim 8. Machani further discloses that the App is registered by acquiring the inherence factor of the user which is assigned to the device (D) [Fig. 4; Para. 0034-35].
8. Regarding Claim 10, Machani, in view of Oberheide, discloses the limitations of Claim 8. Machani further discloses that the acquired inherence factor of the user which is assigned to the device (D) during registration is stored in the authentication server and used in step b) [Figs. 3 and 4; Para. 0028-29, 0034-35].
9. Regarding Claim 11, Machani, in view of Oberheide, discloses the limitations of Claim 1. Machani further discloses of an App stored on a device, the App comprising instructions for carrying out the method of claim 1 [Para. 0015, 0030].
10. Regarding Claim 21, Machani, in view of Oberheide, discloses the limitations of Claim 7. Oberheide further discloses that the device (D) is a device on which the App was originally stored, was lost, and then found [Para. 0061].
11. Regarding Claim 22, Machani, in view of Oberheide, discloses the limitations of Claim 7. Oberheide, specifically discloses that the App is downloaded on the second device after the device (D) has been reported lost [Para. 0050; new device installs app to register].
12. Regarding Claim 24, Machani, in view of Oberheide, discloses the limitations of Claim 7. Machani, specifically discloses that the inherence factor is only requested when at least one of the App is used for a first time after a loss of the device (D) has been reported or after the App is initially installed [Fig. 4; Para. 0034-35; registration process].
13. Regarding Claim 25, Machani, in view of Oberheide, discloses the limitations of Claim 1. Machani further discloses that the recovery code is generated automatically when software on the device (D) determines the device (D) is lost [Para. 0025, 0027-28, 0030].
Claim(s) 26 is rejected under 35 U.S.C. 103 as being unpatentable over Machani, in view of Oberheide, in further view of PGPub. 2016/0261411 (hereinafter “Yau”).
14. Regarding Claim 26, Machani, in view of Oberheide, discloses the limitations of Claim 25. Machani nor Obreheide, however, specifically disclose that the software on the device (D) determines that the device (D) is lost when multiple incorrect pin codes are used to attempt to unlock the device (D).
Yau discloses a system and method for authenticating user access to computer resources [Abstract]. Yau further discloses that when the incorrect PIN is entered a predetermined number of times, the PIN is blocked and the user has to obtain a reset code from system admin (software on the device (D) determines that the device (D) is lost when multiple incorrect pin codes are used to attempt to unlock the device (D)) [Para. 0327-331]. It would have been obvious to one skilled in the art before the effective filing date of the current invention to incorporate the teachings of Yau with Machani since both systems authenticate users on a user device. The combination would enable that Machani system to prevent a device from being unlocked with unlimited number of attempts. The motivation to do so is to improve security for the user device (obvious to one skilled in the art).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. PGPub. 2021/0329058.
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tae K. Kim, whose telephone number is (571) 270-1979. The examiner can normally be reached on Monday - Friday (10:00 AM - 6:30 PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jorge Ortiz-Criado, can be reached on (571) 272-7624. The fax phone number for submitting all Official communications is (703) 872-9306. The fax phone number for submitting informal communications such as drafts, proposed amendments, etc., may be faxed directly to the examiner at (571) 270-2979.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197 (toll-free).
/TAE K KIM/Primary Examiner, Art Unit 2496