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 .
Priority
Acknowledgment is made of applicant’s claim for priority. The certified copy has been filed in PCT/CN2022/140609, filed on December 21, 2022.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on September 12th, 2023 and August 20th, 2024 are being considered by the examiner.
Status of Claims
In the response dated July 23rd, 2026, Applicant amended claims 11, 16, and 12. No additional claims are canceled. Claims 12-29 are pending.
Response to Arguments
In response to the argument put forward in the amendment, Examiner will address them in the order they were presented.
Regarding pages 8-9, Applicant’s arguments have been considered but are unpersuasive. Applicant argues that the prior art of record does not teach that a device’s local hardware can execute operating system middleware. Applicant also argues that Lee fails to teach specific physiological data claimed because the prior art of record deletes user interface elements rather than physiological information. Examiner respectfully disagrees. Lee teaches in [0115] that “the middleware 430 may include… accessory manager 455” and in [0118] that “The accessory manager 455 may control the connection with the accessory device to be detected through the connectivity manager 448 and may control identification information (e.g., accessory ID) to be received. The accessory manager 455 may control accessory-related contents or functions to be displayed or driven through an application in conjunction with another manager. The accessory manager 455 may control the corresponding memory to associate and store identification information (e.g., accessory ID) and content information of the accessory device. The accessory manager 455 may store and manage policy information based on the identification information (e.g., accessory ID) of the accessory device. The accessory manager 455 may manage the mounting or dismounting of the accessory device and the state thereof, and may determine and manage the corresponding service according to the managed mounting and state of the accessory device. The accessory manager 455 may ascertain and determine an association relationship between the accessory devices. The accessory manager 455 may perform or request authentication using the security manager 452 based on the accessory information (e.g., accessory ID). The accessory manager 455 may synchronize an external device (e.g., server or external memory) with accessory-related information (e.g., policy information, relationship information between accessories, contents, functions, etc.) or may share at least a part of the accessory-related information with an external device.” Under broadest reasonable interpretation, controlling content information of the accessory device via middleware for a body temperature measuring device, i.e., headphones, comprises the claims as written.
Regarding page 9-10, Applicant’s arguments have been considered but are unpersuasive. Applicant also argues that Sasha does not teach deleting ear temperature information. MacLean was directed towards storing and deleting ear temperature data, while Sasha was directed towards the multitude of interfaces for interacting with the stored information. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding page 10, Applicant further argues that Sasha is not directed to the same field of endeavor. Examiner respectfully disagrees. Saha is adaptable to Lee as both inventions used network connected devices which collect physiological data using key protocols. Lee would have found Saha while exploring improvements to health information security, as Saha explains “some methods for providing communication may expose the platform identity of the user with the identity verification provider or the service provider” [0099].
Regarding page 10, Applicant finally argues that Sasha uses impermissible hindsight reconstruction using Applicant’s own disclosure. This rejection combines teachings of Lee, MacLean, and Saha. Rhe rejection is not in view of Saha alone. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date to have modified Lee-MacLean with the teachings of Saha, with a reasonable expectation of success, by creating a fifth interface comprising prompt information and interface options to indicate that the headset deletes stored ear temperature based on the user’s choices. This would have improved the user’s data security by allowing the data’s secure storage to be verified by the user depending on the context. Saha is adaptable to Lee as both inventions used network connected devices which collect physiological data using key protocols. Lee would have found Saha while exploring improvements to health information security, as Saha explains “some methods for providing communication may expose the platform identity of the user with the identity verification provider or the service provider” [0099]. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it considers only knowledge which was within the level of ordinary skill at the time the claimed invention was made and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Subject Matter Under 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.
Claims 12-29 contain eligible subject matter under 35 U.S.C. 101. The claims fall within one of four statutory categories. Independent claim 12 recites a system containing an electronic device and headset to collect ear temperature data. This ear temperature data is logged onto an account of an application, which displays a status of the collection information based on the connectivity of the electronic device. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” or “Organizing Human Activity” grouping of abstract ideas. While there may be an abstraction present, the entirety of the claim is not directed towards an abstract idea because this system uses a particular machine comprising hardware components, rather than generic computer components. Additionally, the system collects data in a manner that is not typically organized into human activity or practically performed in the human mind. Therefore, the system does not recite an abstract idea.
Claims 21 and 29 cover similar steps and follow the same rationale as claim 12. Dependent claims recite additional subject matter which further narrows or defines the claim without reciting an abstract idea and recite eligible subject matter.
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, 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 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.
Claims 12-15 and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20180288208) in view of MacLean et al. (US20210126912).
Regarding claim 12, Lee teaches.
An ear temperature data processing system, comprising: a first electronic device, a headset and a second electronic device, wherein ([Figure 1] electronic device (100), “BT earphone”, and “thermometer” comprise a headset, first and second electronic devices ; see also [0070] “FIG. 1 illustrates the configuration of a system for providing a service corresponding to an accessory device” where the service comprises processing body temperature)
in a first time period, the first electronic device connects to the headset; ([0079] “the at least one accessory device 110 may be functionally connected to the server 120 or 130. In various embodiments, the at least one accessory device 110 may be various types of products such as … a BT earphone,” where the Bluetooth earphone [i.e., a headset] connects to a server [i.e., the electronic devices])
the headset collects ear temperature data; and ([0068] “the electronic device may include at least one of various medical devices (e.g., … a body temperature measuring device, etc.)” where a medical device measuring body temperature comprises collecting ear temperature data)
the first electronic device logs to a first application by using a first account; ([0139] “the corresponding accessory ID is registered in the electronic device 100” where an accessory ID registering for an electronic device comprises a first account for a first application; see optionally [0089] “the kernel 241 may provide an interface for allowing the middleware 243, the API 245, or the application program 247 to access individual elements of the electronic device 201 in order to control or manage the system resources.” Where the kernel provides access to system resources)
and the first electronic device displays a first interface of the first application, ([0121] “the electronic device 100 may display or control the content or function controlled through the accessory management application 486 via an app.”) wherein the first interface comprises the ear temperature data collected by the headset in the first time period; (see accessory devices in [Figure 1] above, and [0120] “The applications 470 may include … an accessory management application 486, a health care (e.g., an application for measuring an exercise amount, a blood sugar, etc.) application, or environmental information (e.g., an application for providing air pressure, humidity, or temperature information or the like) providing application.” Where accessory management of a healthcare application comprises the ear temperature data collected by the thermometer during a time period)
in a second time period, in which a connection status between the first electronic device and the headset is "disconnected", the headset collects ear temperature data; ([0129] “When the specific state is turned off by the function driving unit 550, the accessory device 110 may perform a second operation… controlling the electronic device 100 to receive the accessory ID, or controlling the electronic device 100 to perform a predetermined operation (e.g., configuring an NFC operation mode, controlling an application processor operation, or controlling a sensor hub operation).” Where turning off a state [i.e., disconnecting a headset] still allows for controlling a sensor hub operation [i.e., collecting ear temperature data)
in a third time period, in which a connection status between the first electronic device and the headset is "disconnected", the second electronic device connects to the headset; ([0118] “The accessory manager 455 may manage the mounting or dismounting of the accessory device and the state thereof, and may determine and manage the corresponding service according to the managed mounting and state of the accessory device.” Where managing the mounting and dismounting [i.e., the connection status between the electronic device and headset] includes managing the corresponding service of the accessory device [comprising accessing the first application by using a second account])
in response to said electronic device logs to the first application be using the second account, deleting the ear temperature data collected by the headset in the first time period by the local processor of the headset from a local memory of the headset ([0118] “The accessory manager 455 may control the connection with the accessory device to be detected through the connectivity manager 448 and may control identification information (e.g., accessory ID) to be received. The accessory manager 455 may control accessory-related contents or functions to be displayed or driven through an application in conjunction with another manager. The accessory manager 455 may control the corresponding memory to associate and store identification information (e.g., accessory ID) and content information of the accessory device. The accessory manager 455 may store and manage policy information based on the identification information (e.g., accessory ID) of the accessory device. The accessory manager 455 may manage the mounting or dismounting of the accessory device and the state thereof, and may determine and manage the corresponding service according to the managed mounting and state of the accessory device. The accessory manager 455 may ascertain and determine an association relationship between the accessory devices. The accessory manager 455 may perform or request authentication using the security manager 452 based on the accessory information (e.g., accessory ID). The accessory manager 455 may synchronize an external device (e.g., server or external memory) with accessory-related information (e.g., policy information, relationship information between accessories, contents, functions, etc.) or may share at least a part of the accessory-related information with an external device.” and [0119] “The middleware 430 may dynamically delete some of existing elements” where the middleware comprises software on the device)
in a fourth time period, in which a connection status between the second electronic device and the headset is "disconnected", the first electronic device connects to the headset; and (see [0118] above and [0164] “processor 610, to perform validity check on the first accessory device 110-1 in response to detection of the mounting of the first accessory device 110-1, to determine a first content corresponding to the first accessory device 110-1, and to provide a second content corresponding to a combination of the first accessory device 110-1 and the second accessory device 110-2 in response to detection of the mounting of the second accessory device 110-2 associated with the first accessory device 110-1.”)
the first electronic device displays a second interface of the first application, ([0121] “the electronic device 100 may display or control the content or function controlled through the accessory management application 486 via an app.” or [0090] “The API 245, which is an interface for allowing the application program 247 to control a function provided by the kernel 241 or the middleware 243, may include, for example, at least one interface or function (e.g., instructions) for file control, window control, image processing, character control, or the like.” Where the API’s allow for multiple displays of functionality for an application) wherein the second interface comprises the ear temperature data collected by the headset in the first time period, and does not comprise the ear temperature data collected by the headset in the second time period, wherein (see [Figure 1] above depicting the hardware collecting the ear temperature data; see also [0129] “The function driving unit 550 may determine whether contents such as images, texts, moving images, etc., stored in the memory 540 are provided to the electronic device 100.” and [0166] where the operation of collecting ear temperature data comprises a plurality of time intervals)
the first time period, the second time period, the third time period, and the fourth time period are consecutive time periods in sequence. ([0166] “instructions may store instructions that cause the at least one processor 610 to control the communication module 640 so as to receive signals of different types in a plurality of time intervals, to recognize the first accessory device 110-1 based on a first signal of a first type received in a first time interval of the plurality of time intervals, and to recognize the second accessory device 110-2 based on a second signal of a second type received in a second time interval of the plurality of time intervals.”)
Regarding claim 12, Lee does not explicitly teach, as taught by MacLean:
and the second electronic device logs to the first application by using a second account; and ([0069] “The terms “access point” and “resource” are used interchangeably herein refer to any logical or physical gateway, device, or application that requires authentication, such as for security or personalization purposes, and is otherwise locked or inaccessible to the user… Some non-limiting examples of logical access points include… accounts” and [0079] “In some embodiments, a logical or physical access system may comprise a set of endpoints (access points) where users may request access. Each endpoint may be equipped with one or more communication devices, such as short-range radio transceivers… access points may be operatively associated with different user access or presence resources such that user access to such resources is only authorized upon maintained authenticated user presence confirmation” comprises logging into the first application using a second account)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with the teachings of MacLean, with a reasonable expectation of success, by allowing multiple accounts to access, using a plethora of devices which are securely connected, a user’s body temperature data when associated with the proper account. This would have increased the security of personal health information. MacLean is adaptable to Lee as both inventions used network connected devices which collect physiological data using asymmetric key protocols. Lee would have found MacLean’s teaching while trying to solve how conventional systems “may lead to a certain lag time between a user's departure and actual authenticated session termination, presenting a potential security risk” [0004].
Regarding claim 13, Lee-MacLean teaches all of the limitations of claim 12. Lee also teaches:
wherein in the third time period, the second electronic device displays a third interface of the first application, wherein the third interface comprises: a first option and a second option; and ([0129] “The function driving unit 550 may include, for example, a component for detecting a user input for control associated with a function to be performed in the electronic device 100 or a content to be displayed. The function driving unit 550 may include a hardware button or a software virtual button, and a user may input commands through the hardware button or the software virtual button.” Where the virtual button comprises two options to display options)
the second electronic device receives a first operation used to select the first option. ([0129] “When a specific state is turned on by the function driving unit 550, the accessory device 110 may perform a first operation.”)
Regarding claim 14, Lee-MacLean teaches all of the limitations of claim 13. Lee also teaches
wherein in the third time period, after the second electronic device receives a first operation used to select the first option, the headset collects ear temperature data in the third time period; and (see [0129] and [0166] where the operation of collecting ear temperature data comprises a plurality of time intervals)
the second electronic device displays a fourth interface of the first application, wherein the fourth interface comprises the ear temperature data collected by the headset in the third time period, (see [0129] and [0166] where the operation of collecting ear temperature data comprises a plurality of time intervals) and does not comprise the ear temperature data collected by the headset in the first time period and the ear temperature data collected by the headset in the second time period. ([0167] “instructions may store instructions that cause the at least one processor 610 to transmit at least a part of accessory-related information received from the second accessory device 110-2 to a server, to ascertain whether the second accessory device 110-2 is registered by receiving a response, to ascertain whether an association relationship between the second accessory device 110-2 and the first accessory device 110-1 is present or absent based on the accessory-related information, and to download a content corresponding to a combination of the first accessory device 110-1 and the second accessory device 110-2 when the association relationship is present.” Where the downloaded content [comprising ear temperature data in various time periods] and accessory related information is based on the headsets association relationship [i.e., the user connected to the device])
Regarding claim 15, Lee-MacLean teaches all of the limitations of claim 12. Lee also teaches:
wherein the first electronic device receives a second operation; and ([0129] “, the accessory device 110 may perform a second operation.”)
the first electronic device displays the first interface of the first application in response to the second operation. ([0129] “a component for detecting a user input for control associated with a function to be performed in the electronic device 100 or a content to be displayed”)
Regarding claim 21, Lee teaches:
An ear temperature data processing method, comprising: ([Figure 1] electronic device (100), “BT earphone”, and “thermometer”; see also [0070] “FIG. 1 illustrates the configuration of a system for providing a service corresponding to an accessory device” where the service comprises processing body temperature)
in a first time period, connecting, by a first electronic device, to a headset; ([0079] “the at least one accessory device 110 may be functionally connected to the server 120 or 130. In various embodiments, the at least one accessory device 110 may be various types of products such as … a BT earphone,” where the Bluetooth earphone [i.e., a headset] connects to a server [i.e., the electronic devices])
collecting, by the headset, ear temperature data; and logging in, by the first electronic device, to the first application by using a first account; and ([0068] “the electronic device may include at least one of various medical devices (e.g., … a body temperature measuring device, etc.)” where a medical device measuring body temperature comprises collecting ear temperature data)
displaying, by the first electronic device, a first interface of the first application, ([0121] “the electronic device 100 may display or control the content or function controlled through the accessory management application 486 via an app.”) wherein the first interface comprises the ear temperature data collected by the headset in the first time period; (see accessory devices in [Figure 1] above, and [0120] The applications 470 may include … an accessory management application 486, a health care (e.g., an application for measuring an exercise amount, a blood sugar, etc.) application, or environmental information (e.g., an application for providing air pressure, humidity, or temperature information or the like) providing application.” Where accessory management of a healthcare application comprises the ear temperature data collected by the thermometer during a time period)
in a second time period, in which a connection status between the first electronic device and the headset is "disconnected", collecting, by the headset, ear temperature data; ([0129] “When the specific state is turned off by the function driving unit 550, the accessory device 110 may perform a second operation… controlling the electronic device 100 to receive the accessory ID, or controlling the electronic device 100 to perform a predetermined operation (e.g., configuring an NFC operation mode, controlling an application processor operation, or controlling a sensor hub operation).” Where turning off a state [i.e., disconnecting a headset] still allows for controlling a sensor hub operation [i.e., collecting ear temperature data)
in a third time period, in which a connection status between the first electronic device and the headset is "disconnected", connecting, by a second electronic device, to the headset; and ([0118] “The accessory manager 455 may manage the mounting or dismounting of the accessory device and the state thereof, and may determine and manage the corresponding service according to the managed mounting and state of the accessory device.” Where managing the mounting and dismounting [i.e., the connection status between the electronic device and headset] includes managing the corresponding service of the accessory device [comprising accessing the first application by using a second account])
in response to said electronic device logs to the first application be using the second account, deleting the ear temperature data collected by the headset in the first time period by the local processor of the headset from a local memory of the headset ([0118] ““The accessory manager 455 may control the connection with the accessory device to be detected through the connectivity manager 448 and may control identification information (e.g., accessory ID) to be received. The accessory manager 455 may control accessory-related contents or functions to be displayed or driven through an application in conjunction with another manager. The accessory manager 455 may control the corresponding memory to associate and store identification information (e.g., accessory ID) and content information of the accessory device. The accessory manager 455 may store and manage policy information based on the identification information (e.g., accessory ID) of the accessory device. The accessory manager 455 may manage the mounting or dismounting of the accessory device and the state thereof, and may determine and manage the corresponding service according to the managed mounting and state of the accessory device. The accessory manager 455 may ascertain and determine an association relationship between the accessory devices. The accessory manager 455 may perform or request authentication using the security manager 452 based on the accessory information (e.g., accessory ID). The accessory manager 455 may synchronize an external device (e.g., server or external memory) with accessory-related information (e.g., policy information, relationship information between accessories, contents, functions, etc.) or may share at least a part of the accessory-related information with an external device.” and [0119] “The middleware 430 may dynamically delete some of existing elements” where the middleware comprises software on the device)
in a fourth time period, in which a connection status between the second electronic device and the headset is "disconnected", connecting, by the first electronic device, to the headset; and (see [0118] above and [0164] “processor 610, to perform validity check on the first accessory device 110-1 in response to detection of the mounting of the first accessory device 110-1, to determine a first content corresponding to the first accessory device 110-1, and to provide a second content corresponding to a combination of the first accessory device 110-1 and the second accessory device 110-2 in response to detection of the mounting of the second accessory device 110-2 associated with the first accessory device 110-1.”)
displaying, by the first electronic device, a second interface of the first application, ([0121] “the electronic device 100 may display or control the content or function controlled through the accessory management application 486 via an app.” or [0090] “The API 245, which is an interface for allowing the application program 247 to control a function provided by the kernel 241 or the middleware 243, may include, for example, at least one interface or function (e.g., instructions) for file control, window control, image processing, character control, or the like.” Where the API’s allow for multiple displays of functionality for an application) wherein the second interface comprises the ear temperature data collected by the headset in the first time period, and does not comprise the ear temperature data collected by the headset in the second time period, (see [Figure 1] above depicting the hardware collecting the ear temperature data; see also [0129] “The function driving unit 550 may determine whether contents such as images, texts, moving images, etc., stored in the memory 540 are provided to the electronic device 100.” and [0166] where the operation of collecting ear temperature data comprises a plurality of time intervals) wherein the first time period, the second time period, the third time period, and the fourth time period are consecutive time periods in sequence. ([0166] “instructions may store instructions that cause the at least one processor 610 to control the communication module 640 so as to receive signals of different types in a plurality of time intervals, to recognize the first accessory device 110-1 based on a first signal of a first type received in a first time interval of the plurality of time intervals, and to recognize the second accessory device 110-2 based on a second signal of a second type received in a second time interval of the plurality of time intervals.”)
Regarding claim 21, Lee does not explicitly teach, as taught by MacLean:
and logging in, by the second electronic device, to the first application by using a second account; ([0069] The terms “access point” and “resource” are used interchangeably herein refer to any logical or physical gateway, device, or application that requires authentication, such as for security or personalization purposes, and is otherwise locked or inaccessible to the user… Some non-limiting examples of logical access points include… accounts” and [0079] “In some embodiments, a logical or physical access system may comprise a set of endpoints (access points) where users may request access. Each endpoint may be equipped with one or more communication devices, such as short-range radio transceivers… access points may be operatively associated with different user access or presence resources such that user access to such resources is only authorized upon maintained authenticated user presence confirmation” comprises logging into the first application using a second account)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with the teachings of MacLean, with a reasonable expectation of success, by allowing multiple accounts to access, using a plethora of devices which are securely connected, a user’s body temperature data when associated with the proper account. This would have increased the security of personal health information. MacLean is adaptable to Lee as both inventions used network connected devices which collect physiological data using asymmetric key protocols. Lee would have found MacLean’s teaching while trying to solve how conventional systems “may lead to a certain lag time between a user's departure and actual authenticated session termination, presenting a potential security risk” [0004].
Regarding claim 22, Lee-MacLean teaches all of the limitations of claim 21. Lee also teaches:
wherein in the third time period, the method further comprises: displaying, by the second electronic device, a third interface of the first application, wherein the third interface comprises: a first option and a second option; and ([0129] “The function driving unit 550 may include, for example, a component for detecting a user input for control associated with a function to be performed in the electronic device 100 or a content to be displayed. The function driving unit 550 may include a hardware button or a software virtual button, and a user may input commands through the hardware button or the software virtual button.” Where the virtual button comprises two options to display options)
receiving, by the second electronic device, a first operation used to select the first option. ([0129] “When a specific state is turned on by the function driving unit 550, the accessory device 110 may perform a first operation.” Where a first operation comprises a selection from a user)
Regarding claim 23, Lee-MacLean teaches all of the limitations of claim 22. Lee also teaches:
wherein in the third time period, after the receiving, by the second electronic device, a first operation used to select the first option, the method further comprises: collecting, by the headset, ear temperature data in the third time period; and (see [0129] and [0166] where the operation of collecting ear temperature data comprises a plurality of time intervals)
displaying, by the second electronic device, a fourth interface of the first application, wherein the fourth interface comprises the ear temperature data collected by the headset in the third time period, (see [0129] and [0166] where the operation of collecting ear temperature data comprises a plurality of time intervals) and does not comprise the ear temperature data collected by the headset in the first time period and the temperature data collected by the headset in the second time period. ([0167] “instructions may store instructions that cause the at least one processor 610 to transmit at least a part of accessory-related information received from the second accessory device 110-2 to a server, to ascertain whether the second accessory device 110-2 is registered by receiving a response, to ascertain whether an association relationship between the second accessory device 110-2 and the first accessory device 110-1 is present or absent based on the accessory-related information, and to download a content corresponding to a combination of the first accessory device 110-1 and the second accessory device 110-2 when the association relationship is present.” Where the downloaded content [comprising ear temperature data in various time periods] and accessory related information is based on the headsets association relationship [i.e., the user connected to the device])
Regarding claim 24, Lee-MacLean teaches all of the limitations of claim 21. Lee also teaches:
wherein the displaying, by the first electronic device, a first interface of the first application comprises: receiving, by the first electronic device, a second operation; and ([0129] “, the accessory device 110 may perform a second operation.”)
displaying, by the first electronic device, the first interface of the first application in response to the second operation. ([0129] “a component for detecting a user input for control associated with a function to be performed in the electronic device 100 or a content to be displayed”)
Claims 16-20 and 25-29 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20180288208) in view of MacLean et al. (US20210126912) and further in view of Saha et al. (US20200213311).
Regarding claim 16, Lee-MacLean teaches all of the limitations of claim 12. MacLean also teaches:
wherein the first account is bound to the headset; and ([0081] “In some embodiments, upon successful identification and authentication at a given access point using, for example, credentials like a password, biometric, mobile device or a security token, the user may be granted access to an access point or related resource, thereby initiating an authenticated user access session at the access point” where authentication of a user to an access point or related resource comprises binding an account to the headset)
in the third time period, the second electronic device sends an identity verification request to the headset in response to a third operation performed on the second electronic device; ([0081] “In some embodiments, upon successful identification and authentication at a given access point using, for example, credentials like a password, biometric, mobile device or a security token, the user may be granted access to an access point or related resource, thereby initiating an authenticated user access session at the access point. This session may be limited to a prescribed amount of time or again maintained indeterminately in so long as the user's authenticated presence can be confirmed. In either case, and in accordance with some embodiments, the UAD periodically communicates appropriate session access credentials (e.g. authenticated user ID, secure active session access token, short-term advertising key, etc.) with the access point so to maintain the active session, in the absence of which the session is terminate” Where the confirmation during a limited time frame of the user’s identity comprises an identity verification request to the headset in response to a )
the headset performs identity verification on the second account logged in to the second electronic device, and returns, to the second electronic device, prompt information comprising a verification result, wherein the verification result indicates that the headset is bound to the first account; (see [0081] above for verification; see also {0096] “process of motion-related data communication between a wearable user authentication device 1000 and an endpoint 1010 following an enrolment step or presence initiation 1030 will now be described. In this example, the UAD 1000 may transmit data packets 1042, 1044, 1046 and 1048 comprising the ID of the transmitting wearable, the ID of the endpoint, either raw or processed motion-related data, and optionally any other sensor data to the endpoint 1010.” Where the system comprises authentication from the headset; see also [0129] “n yet other embodiments, a client may refresh authentication as prompted by a server (e.g. SEA instance). For example, a server may indicate during a session resumption operation that a refresh is needed (e.g. due to the master secret being close to expiry)” comprising a prompt from the system)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with the teachings of MacLean, with a reasonable expectation of success, by allowing multiple accounts to access, using a plethora of devices which are securely connected, a user’s body temperature data when associated with the proper account. This would have increased the security of personal health information.
Regarding claim 16, Lee-Maclean does not explicitly teach, as taught by Saha:
the second electronic device displays a fifth interface, wherein the fifth interface comprises the prompt information, a first option, and a second option, and the prompt information is further used to indicate that the headset deletes stored ear temperature data if the first option is selected; and the second electronic device receives a fourth operation used to select the first option. ([Figures 4-6] comprise a digital verification system in user interfaces; see also [0032] “In some cases, the subject system provides for revocation of a verified claim. For example, the user may have logged into their user account (e.g., via a separate device) to report their device as lost/stolen (e.g., based on a “find my phone” request) and/or to request a remote wipe of their device. Alternatively, the user may have locally requested to remove data on their device (e.g., via a “wipe” command).” Comprises a plethora of options that, in part, can command the removal of data based on verification)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date to have modified Lee-MacLean with the teachings of Saha, with a reasonable expectation of success, by creating a fifth interface comprising prompt information and interface options to indicate that the headset deletes stored ear temperature based on the user’s choices. This would have improved the user’s data security by allowing the data’s secure storage to be verified by the user depending on the context. Saha is adaptable to Lee as both inventions used network connected devices which collect physiological data using key protocols. Lee would have found Saha while exploring improvements to health information security, as Saha explains “some methods for providing communication may expose the platform identity of the user with the identity verification provider or the service provider” [0099].
Regarding claim 17 Lee-MacLean-Saha teaches all of the limitations of claim 16. Lee also teaches:
wherein before the first time period, binds the first account to the headset. ([0128] “unique information of the accessory device 110 or information stored by the electronic device 100… the memory 540 may store key values for encryption/decryption.” Where storing key values in an accessory device comprises binding the first account to the headset)
Regarding claim 18, Lee-MacLean-Saha teaches all of the limitations of claim 17. Lee also teaches:
wherein the first electronic device obtains a pair of asymmetric keys, storing a private key in the asymmetric keys, and sending a public key in the asymmetric keys to the headset; and the headset stores the public key. ([0128] “The memory 540 may store, for example, unique information of the accessory device 110 or information stored by the electronic device 100. For example, the memory 540 may store accessory IDs for accessory authentication and identification, and may store key values or accessory IDs for performing authentication that is encrypted by the authentication module 520. In addition, the memory 540 may store key values for encryption/decryption.”; see also [0249] “the accessory device 110-1 or 110-2 that has acquired the public key of the electronic device 100 may encrypt the accessory ID using the public key of the electronic device 100 and may transmit the encrypted accessory ID to the electronic device 100.” And [0250] “When using the symmetric key scheme, the processor 610 may acquire a plain text accessory ID by decrypting the encrypted accessory ID into the private key of the electronic device 100. According to the asymmetric key scheme, the processor 610 may decrypt the encrypted accessory ID into the private key of the electronic device 100, thereby obtaining a plane text accessory ID.”)
Regarding claim 19, Lee-MacLean-Saha teaches all of the limitations of claim 16. MacLean also teaches:
wherein the headset sends a first random number to the second electronic device; and the electronic device signs the first random number by using a stored private key, and sending a signing result to the headset; wherein the headset fails in unsigning the signing result by using a stored public key, and the verification result is that the headset is bound to another account different from the second account. ([0099] “the identity verification provider 106a and/or the service provider 110a may be configured to communicate (e.g., via messaging) in an authenticated and secure way with the electronic device 102a after successful enrollment. However, some methods for providing such communication may expose the platform identity of the user with the identity verification provider 106a or the service provider 110a. To avoid and/or reduce revealing the platform identity, an elliptic-curve cryptography key pair may be generated in AP. Using Diffie-Hellman key exchange (DH) and a public key of the service provider 110a, an Advanced Encryption Standard (AES) key can be generated, a message can be signed with the private key in the secure hardware component 206. Thus, the AES and elliptic-curve cryptography (ECC) key pair may be used to encrypt and sign messages between the electronic device 102a and the service provider 110a. Communication between the electronic device 102a and the identity verification provider 106a may be provided for in a similar manner.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with the teachings of MacLean, with a reasonable expectation of success, by allowing multiple accounts to access body temperature data using a plethora of devices which use key based encryption techniques. This would have increased the security of personal health information. MacLean is adaptable to Lee as both inventions used network connected devices which collect physiological data using asymmetric key protocols. Lee would have found MacLean’s teaching while trying to solve how conventional systems “may lead to a certain lag time between a user's departure and actual authenticated session termination, presenting a potential security risk” [0004].
Regarding claim 20, Lee-MacLean-Saha teaches all of the limitations of claim 16. MacLean also teaches:
wherein the headset sends a second random number to the first electronic device; and the first electronic device signs the second random number by using a stored private key, and sending a signing result to the headset; wherein the headset successfully unsigns the signing result by using a stored public key, and the verification result is that the headset is bound to the first account. (See [0099] above, where the electronic device comprises using the headset to perform verification of the private key for the transmission of data)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with the teachings of MacLean, with a reasonable expectation of success, by allowing multiple accounts to access body temperature data using a plethora of devices which use key based encryption techniques. This would have increased the security of personal health information. MacLean is adaptable to Lee as both inventions used network connected devices which collect physiological data using asymmetric key protocols. Lee would have found MacLean’s teaching while trying to solve how conventional systems “may lead to a certain lag time between a user's departure and actual authenticated session termination, presenting a potential security risk” [0004].
Regarding claim 25, Lee-MacLean teaches all of the limitations of claim 21. MacLean also teaches:
wherein the first account is bound to the headset, and in the third time period, the method further comprises: ([0081] “In some embodiments, upon successful identification and authentication at a given access point using, for example, credentials like a password, biometric, mobile device or a security token, the user may be granted access to an access point or related resource, thereby initiating an authenticated user access session at the access point” where authentication of a user to an access point or related resource comprises binding an account to the headset)
sending, by the second electronic device, an identity verification request to the headset in response to a third operation performed on the second electronic device; ([0081] “In some embodiments, upon successful identification and authentication at a given access point using, for example, credentials like a password, biometric, mobile device or a security token, the user may be granted access to an access point or related resource, thereby initiating an authenticated user access session at the access point. This session may be limited to a prescribed amount of time or again maintained indeterminately in so long as the user's authenticated presence can be confirmed. In either case, and in accordance with some embodiments, the UAD periodically communicates appropriate session access credentials (e.g. authenticated user ID, secure active session access token, short-term advertising key, etc.) with the access point so to maintain the active session, in the absence of which the session is terminate” Where the confirmation during a limited time frame of the user’s identity comprises an identity verification request to the headset in response to a third operation)
performing, by the headset, identity verification on the second account logged in to the second electronic device, and returns, to the second electronic device, prompt information comprising a verification result, wherein the verification result indicates that the headset is bound to the first account; (see [0081] above for verification; see also {0096] “process of motion-related data communication between a wearable user authentication device 1000 and an endpoint 1010 following an enrolment step or presence initiation 1030 will now be described. In this example, the UAD 1000 may transmit data packets 1042, 1044, 1046 and 1048 comprising the ID of the transmitting wearable, the ID of the endpoint, either raw or processed motion-related data, and optionally any other sensor data to the endpoint 1010.” Where the system comprises authentication from the headset; see also [0129] “n yet other embodiments, a client may refresh authentication as prompted by a server (e.g. SEA instance). For example, a server may indicate during a session resumption operation that a refresh is needed (e.g. due to the master secret being close to expiry)” comprising a prompt from the system)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with the teachings of MacLean, with a reasonable expectation of success, by allowing multiple accounts to access, using a plethora of devices which are securely connected, a user’s body temperature data when associated with the proper account. This would have increased the security of personal health information.
Regarding claim 25, Lee-MacLean does not explicitly teach, as taught by Saha:
displaying, by the second electronic device, a fifth interface, wherein the fifth interface comprises the prompt information, a first option, and a second option, and the prompt information is further used to indicate that the headset deletes stored ear temperature data if the first option is selected; and receiving, by the second electronic device, a fourth operation used to select the first option. ([Figures 4-6] comprise a digital verification system in user interfaces; see also [0032] “In some cases, the subject system provides for revocation of a verified claim. For example, the user may have logged into their user account (e.g., via a separate device) to report their device as lost/stolen (e.g., based on a “find my phone” request) and/or to request a remote wipe of their device. Alternatively, the user may have locally requested to remove data on their device (e.g., via a “wipe” command).” Comprises a plethora of options that, in part, can command the removal of data based on verification)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date to have modified Lee-MacLean with the teachings of Saha, with a reasonable expectation of success, by creating a fifth interface comprising prompt information and interface options to indicate that the headset deletes stored ear temperature based on the user’s choices. This would have improved the user’s data security by allowing the data’s secure storage to be verified by the user depending on the context. Saha is adaptable to Lee as both inventions used network connected devices which collect physiological data using key protocols. Lee would have found Saha while exploring improvements to health information security, as Saha explains “some methods for providing communication may expose the platform identity of the user with the identity verification provider or the service provider” [0099].
Regarding claim 26, Lee-MacLean-Saha teaches all of the limitations of claim 21. Lee also teaches:
wherein before the first time period, the method further comprises: binding the first account to the headset, wherein the step of binding the first account to the headset comprises: ([0128] “unique information of the accessory device 110 or information stored by the electronic device 100… the memory 540 may store key values for encryption/decryption.” Where storing key values in an accessory device comprises binding the first account to the headset)
obtaining, by the first electronic device, a pair of asymmetric keys, storing a private key in the asymmetric keys, and sending a public key in the asymmetric keys to the headset; and storing, by the headset, the public key. ([0128] “The memory 540 may store, for example, unique information of the accessory device 110 or information stored by the electronic device 100. For example, the memory 540 may store accessory IDs for accessory authentication and identification, and may store key values or accessory IDs for performing authentication that is encrypted by the authentication module 520. In addition, the memory 540 may store key values for encryption/decryption.”; see also [0249] “the accessory device 110-1 or 110-2 that has acquired the public key of the electronic device 100 may encrypt the accessory ID using the public key of the electronic device 100 and may transmit the encrypted accessory ID to the electronic device 100.” And [0250] “When using the symmetric key scheme, the processor 610 may acquire a plain text accessory ID by decrypting the encrypted accessory ID into the private key of the electronic device 100. According to the asymmetric key scheme, the processor 610 may decrypt the encrypted accessory ID into the private key of the electronic device 100, thereby obtaining a plane text accessory ID.”)
Regarding claim 27, Lee-MacLean-Saha teaches all of the limitations of claim 25. MacLean also teaches:
wherein the performing, by the headset, identity verification on the second account logged in to the second electronic device comprises: sending, by the headset, a first random number to the second electronic device; and signing, by the electronic device, the first random number by using a stored private key, and sending a signing result to the headset; wherein the headset fails in unsigning the signing result by using a stored public key, and the verification result is that the headset is bound to another account different from the second account. ([0099] “the identity verification provider 106a and/or the service provider 110a may be configured to communicate (e.g., via messaging) in an authenticated and secure way with the electronic device 102a after successful enrollment. However, some methods for providing such communication may expose the platform identity of the user with the identity verification provider 106a or the service provider 110a. To avoid and/or reduce revealing the platform identity, an elliptic-curve cryptography key pair may be generated in AP. Using Diffie-Hellman key exchange (DH) and a public key of the service provider 110a, an Advanced Encryption Standard (AES) key can be generated, a message can be signed with the private key in the secure hardware component 206. Thus, the AES and elliptic-curve cryptography (ECC) key pair may be used to encrypt and sign messages between the electronic device 102a and the service provider 110a. Communication between the electronic device 102a and the identity verification provider 106a may be provided for in a similar manner.”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with the teachings of MacLean, with a reasonable expectation of success, by allowing multiple accounts to access body temperature data using a plethora of devices which use key based encryption techniques. This would have increased the security of personal health information. MacLean is adaptable to Lee as both inventions used network connected devices which collect physiological data using asymmetric key protocols. Lee would have found MacLean’s teaching while trying to solve how conventional systems “may lead to a certain lag time between a user's departure and actual authenticated session termination, presenting a potential security risk” [0004].
Regarding claim 28, Lee-MacLean-Saha teaches all of the limitations of claim 25. MacLean also teaches:
wherein before the displaying, by the first electronic device, a first interface of the first application, the method comprises: performing, by the headset, identity verification on the first account logged in to the first electronic device, wherein the step of performing, by the headset, identity verification on the first account logged in to the first electronic device comprises: sending, by the headset, a second random number to the first electronic device; and signing, by the first electronic device, the second random number by using a stored private key, and sending a signing result to the headset; wherein the headset successfully unsigns the signing result by using a stored public key, and the verification result is that the headset is bound to the first account. (See [0099] above, where the electronic device comprises using the headset to perform verification of the private key for the transmission of data)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with the teachings of MacLean, with a reasonable expectation of success, by allowing multiple accounts to access body temperature data using a plethora of devices which use key based encryption techniques. This would have increased the security of personal health information. MacLean is adaptable to Lee as both inventions used network connected devices which collect physiological data using asymmetric key protocols. Lee would have found MacLean’s teaching while trying to solve how conventional systems “may lead to a certain lag time between a user's departure and actual authenticated session termination, presenting a potential security risk” [0004].
Regarding claim 29, Lee-MacLean-Saha teaches all of the limitations of claim 21. Lee also teaches:
A non-transitory computer-readable storage medium, wherein the computer-readable storage medium comprises a stored program, and when the program is run, a device on which the computer-readable storage medium is located is controlled to perform the method according to claim 21. ([0409] “(At least some of devices (e.g., modules or functions thereof) or methods (e.g., operations) according to various embodiments may be implemented by an instruction which is stored a computer-readable storage medium”; see also claim 21’s references above)
Conclusion
The prior art made of record and not relied upon that is considered pertinent to applicant’s disclosure can be found on PTO-892 of the prior office action.
LeBouf et al. (US20140140567) integrates physiological and/or environmental sensing into a headset or earbud form factor and uses embedded circuitry to process and transmit the sensed information.
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.
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/R.A.S/Examiner, Art Unit 3792
/AMANDA L STEINBERG/Examiner, Art Unit 3792
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