Prosecution Insights
Last updated: October 01, 2026
Application No. 18/667,073

AUTHENTICATION APPARATUS, AUTHENTICATION METHOD, AND PROGRAM

Final Rejection §103§112
Filed
May 17, 2024
Priority
May 26, 2023 — JP 2023-086911
Examiner
KENNEDY, LESA M
Art Unit
2458
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
160 granted / 208 resolved
+18.9% vs TC avg
Strong +24% interview lift
Without
With
+24.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
12 currently pending
Career history
226
Total Applications
across all art units

Statute-Specific Performance

§101
9.9%
-30.1% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
10.6%
-29.4% vs TC avg
§112
19.4%
-20.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 208 resolved cases

Office Action

§103 §112
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 . Status of Claims This office action is a response to an amendment filed on 07/13/2026. Claims 1, 9, 15, 17 and 20 are amended, and claims 2, 10 and 16 cancelled. Claims 1, 3-9, 11-15 and 17-20 are currently pending. Response to Arguments Applicant’s remarks, see pages 9-12, with respect to the rejections under 35 USC 103 have been fully considered but are not persuasive. Amended independent claims 1, 9 and 15 incorporate the limitations of former claims 2, 10, and 16, respectively, and the rejections are maintained over Lee in view of Fu and Carlson. Applicant argues that Carlson does not teach: (1) “the certification information adding part notifies the authentication part of certification information concerning a communication rule in advance”; (2) “the certification information includes each size of the plurality of blocks of the first biometric information which is divided to the plurality of blocks to be arranged in the authentication information and the predetermined transmission order of the plurality of blocks”; and (3) the authentication part “verifies legitimacy of the certification information in the authentication information using the certification information notified in advance from the certification information adding part”. These arguments are not persuasive because the rejection is based on the combined teachings of Lee, Fu and Carlson, rather than Carlson alone. Fu discloses that communication rule information – including codes, preparation or measurement basis, authentication information lengths – are preset by the transmitter and receiver or negotiated through a predetermined channel before transmission, and that the receiver later processes and verifies the received authentication information according to the corresponding established rule (Fu, [0013], [0036], [0058], [0174]). Therefore, Fu discloses “the certification information adding part notifies the authentication part of certification information concerning a communication rule in advance” and “verifies legitimacy of the certification information … using the certification information notified in advance”. Carlson discloses dividing digital information into blocks, arranging the blocks in an order before transmission, and adding the “order, size, and geometry of the blocks” to the reassembled file so that the receiver can correctly reassemble the blocks (Carlson, [0149], [0152]-[0154], [0157], [0171]). Therefore, Carlson discloses “the certification information includes each size of the plurality of blocks … and the predetermined transmission order of the plurality of blocks”. In the proposed combination, Carlson’s block size and block order information is incorporated into Fu’s certification information concerning the communication rule and applied to Lee’s first biometric information. Lee discloses verifying whether an expected secure watermark pattern is included in received biometric information during primary authentication and performing biometric comparison only after that verification succeeds (Lee, [0080], [0083]-[0085]). Therefore, Lee discloses “verifies legitimacy of the certification information in the authentication information”, while Fu supplies the previously established communication rule used in that verification. It would have been obvious to one of ordinary skill in the art, having the teachings of Lee, Fu and Carlson before him or her before the effective filing date of the claimed invention, to modify a biometric authentication system as taught by Lee, to use previously established communication rules as taught by Fu, and block size and block order information as taught by Carlson. In the resulting combination, Carlson’s block information would form part of the certification information provided in advance under Fu’s framework and would be checked during Lee’s primary verification stage before biometric authentication. The motivation for doing so would have been to permit the receiving apparatus to correctly reassemble the transmitted biometric information, thereby enabling the biometric comparison to be performed using properly reconstructed biometric information and improving the reliability of the authentication process. Hence, Carlson does not need to independently disclose the advance notification or legitimacy verification portions of the disputed limitations because those portions are supplied by Fu and Lee. Carlson supplies the block sizes and predetermined block order incorporated into the certification information. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 4, 7, 12 and 18 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claims upon which they depend, or for failing to include all the limitations of the claims upon which they depend. As amended, independent claims 1, 9 and 15 already recite that the first biometric information is divided into a plurality of blocks arranged in a predetermined transmission order according to the communication rule, and that the certification information includes each block size and the predetermined transmission order. Claims 4 and 7 depend, directly or indirectly, from claim 1; claim 12 depends indirectly from claim 9; and claim 18 depends indirectly from claim 15, but merely repeat those same limitations. Therefore, claims 4, 7, 12 and 18 do not further limit the subject matter of their respective parent claims. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim Rejections - 35 USC § 103 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. 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. Claims 1, 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2015/0365406), hereinafter Lee, in view of Fu (US 2017/0054556), further in view of Carlson et al. (US 2014/0325233), hereinafter Carlson. Regarding claim 1, Lee discloses an authentication apparatus (Lee, Fig. 1: biometric information generating apparatus + biometric information utilizing apparatus + biometric information authenticating apparatus), comprising: at least a processor (Lee, [0089]); and a memory in circuit communication with the processor (Lee, [0089]), wherein the processor is configured to execute program instructions stored in the memory to implement (Lee, [0089]): a biometric information acquiring part which acquires first biometric information of a user (Lee, Fig. 2, [0047]: biometric scanning module (biometric information acquiring part) scans a user to generate biometric image information (first biometric information)); a certification information adding part (Lee, Fig. 2, [0052]: biometric information generating module 140); an authentication part (Lee, Fig. 1: biometric information authentication apparatus 300. Also shown in Fig. 3); and a biometric information database which includes second biometric information of the user (Lee, [0060]-[0061]: reference biometric information (second biometric information) in the biometric information storage module (biometric information database)); wherein the certification information adding part transmits authentication information including the certification information and the first biometric information configured to the authentication part (Lee, [0052]: biometric information generation module (certification information adding part) generates biometric information for authentication (authentication information) by inserting a watermark pattern (certification information) into a biometric image (first biometric information); [0080]: biometric information authenticating apparatus (authenticating part) receives the biometric information for authentication (authentication information)); and wherein the authentication part receives the authentication information (Lee, [0080]: biometric information authenticating apparatus (authenticating part) receives the biometric information for authentication (authentication information)), and verifies legitimacy of the certification information in the authentication information using the certification information (Lee, [0080], [0083]: biometric information authenticating apparatus (authenticating part) performs a primary authentication on the secure watermark pattern (certification information)); and performs authentication of the user using the first biometric information in the authentication information with reference to the second biometric information included in the biometric information database, in a case where the certification information in the authentication information is determined to be legitimate (Lee, [0080], [0085]: when the primary authentication passes/succeeds (i.e., certification information is legitimate), a secondary authentication on the user is performed using the biometric information (first biometric information) and the reference biometric information (second biometric information)), wherein the first biometric information in the authentication information transmitted from the certification information adding part to the authentication part is configured (Lee, [0052]: biometric information generation module (certification information adding part) generates biometric information for authentication (authentication information) by inserting a watermark pattern (certification information) into a biometric image (first biometric information); [0080]: biometric information authenticating apparatus (authenticating part) receives the biometric information for authentication (authentication information)). Lee does not explicitly disclose notifies the authentication part of certification information concerning a communication rule in advance; according to the communication rule; notified in advance from the certification information adding part; configured in such way that the first biometric information is divided to a plurality of blocks to be arranged in a predetermined transmission order according to the communication rule; and wherein the certification information includes each size of the plurality of blocks of the first biometric information which is divided to the plurality of blocks to be arranged in the authentication information and the predetermined transmission order of the plurality of blocks. However, Fu discloses notifies the authentication part of certification information concerning a communication rule in advance (Fu, [0012]: “selecting, by the transmitter, a basis of preparation for authenticating the transmitter identity information according to a basis selection rule agreed upon with the receiver”; [0026]: “the transmitter identification information on the receiver side is … sent to the receiver by the transmitter through a pre-determined channel”; [0036]: “the different codes are preset by the transmitter and the receiver or determined via negotiation through a pre-determined channel”; [0058]: “the length of the authentication information … is preset or determined via negotiation with the peer device through a pre-determined channel.” [Transmitter (certification information adding part) and receiver (authentication part) agree in advance on the basis selection rule, codes/lengths, etc. (communication rule) for transmitter authentication information (certification information)]), and transmits authentication information including the certification information and the first information configured according to the communication rule to the authentication part (Fu, [0012]: “transmitting quantum states containing at least key information and the transmitter authentication information in a preset manner”; [0033]: “transmitting quantum states of control information and data information with respectively different wavelengths in a preset information format, wherein the data information comprises the key information and the transmitter authentication information.” [transmitter authentication information and data information=authentication information; authentication/control information defining the format= certification information; transmitted using the preset information format= configured according to the communication rule]); and verifies legitimacy of the certification information in the authentication information using the certification information notified in advance from the certification information adding part (Fu, [0013]: “by the receiver, … measuring the received quantum states of the transmitter authentication information according to the basis selection rule, and, if the measurement result is consistent with the transmitter authentication information calculated following the first pre-provisioned algorithm, determining that the transmitter is authenticated”; [0174]: “the measured transmitter authentication information is compared with the transmitter authentication information calculated in step 102-2, so as to complete authentication on the transmitter”; [receiver=authentication part; agreed basis selection rule and expected authentication information=certification information notified in advance; measures and compares received authentication information with the expected information= verifies legitimacy]). It would have been obvious to one of ordinary skill in the art, having the teachings of Lee and Fu before him or her before the effective filing date of the claimed invention, to modify a biometric information transmission and authentication system as taught by Lee, to include transmitting authentication information and data according to a negotiated rule, and enabling the receiver to process and verify the received information using the same rule as taught by Fu. The motivation for doing so would have been to ensure the receiving authentication apparatus could correctly distinguish and interpret certification information and biometric information, thereby improving the reliability of the authentication process. Furthermore, the combination of Lee and Fu does not explicitly disclose configured in such way that the first biometric information is divided to a plurality of blocks to be arranged in a predetermined transmission order according to the communication rule; and wherein the certification information includes each size of the plurality of blocks of the first biometric information which is divided to the plurality of blocks to be arranged in the authentication information and the predetermined transmission order of the plurality of blocks. However, Carlson discloses configured in such way that the first biometric information is divided to a plurality of blocks (Carlson, [0149]: original data file (first biometric information [when applied to Lee’s digital biometric image data]) is divided into blocks) to be arranged in a predetermined transmission order (Carlson, [0152]-[0153]: the blocks are rearranged to form a reassembled file; the selected block order is fixed before transmission (predetermined transmission order); [0157]: the reassembled file is transmitted) according to the communication rule (Carlson, [0154]: using a selected key (communication rule) to define the block arrangement [predetermined transmission order is determined is generated under that key]); and wherein the certification information includes each size of the plurality of blocks of the first biometric information which is divided to the plurality of blocks to be arranged in the authentication information and the predetermined transmission order of the plurality of blocks (Carlson, [0154]: order (predetermined transmission order), size and geometry of the block (certification information) is transmitted with the assembled file). It would have been obvious to one of ordinary skill in the art, having the teachings of Lee, Fu and Carlson before him or her before the effective filing date of the claimed invention, to modify a system for transmitting biometric and associated authentication information using preset or negotiated communication rule as taught by Lee and Fu, to division of the biometric information into blocks and inclusion of block size and block order information as taught by Carlson. The motivation for doing so would have been to ensure that the receiving authentication apparatus could correctly reassemble the transmitted biometric information, thereby enabling the biometric comparison to be performed using properly reconstructed biometric information and improving the reliability of the authentication process. Regarding claim 9, the limitations have been addressed in the rejection of claim 1. Regarding claim 15, Lee discloses a computer-readable non-transitory recording medium recording a program (Lee, [0089]), the program which causes a computer in an authentication apparatus comprising: a biometric information acquiring part which acquires first biometric information of a user (Lee, Fig. 2, [0047]: biometric scanning module (biometric information acquiring part) scans a user to generate biometric image information (first biometric information)), and a biometric information database which includes second biometric information of the user (Lee, [0060]-[0061]: reference biometric information (second biometric information) in the biometric information storage module (biometric information database)), to perform processing of: transmitting authentication information including the certification information and the first biometric information configured (Lee, [0052]: biometric information generation module (certification information adding part) generates biometric information for authentication (authentication information) by inserting a watermark pattern (certification information) into a biometric image (first biometric information); [0080]: biometric information authenticating apparatus (authenticating part) receives the biometric information for authentication (authentication information)), whereby the program causes the computer to realize a function of a certification information adding part (Lee, Fig. 2, [0052]: biometric information generating module 140); and causes the computer to perform processing of: receiving the authentication information (Lee, [0080]: biometric information authenticating apparatus receives the biometric information for authentication (authentication information)), and verifying legitimacy of the certification information in the authentication information using the certification information (Lee, [0080], [0083]: biometric information authenticating apparatus (authenticating part) performs a primary authentication on the secure watermark pattern (certification information)); and performing authentication of the user using the first biometric information in the authentication information with reference to the second biometric information included in the biometric information database, in a case where the certification information in the authentication information is determined to be legitimate (Lee, [0080], [0085]: when the primary authentication passes/succeeds (i.e., certification information is legitimate), a secondary authentication on the user is performed using the biometric information (first biometric information) and the reference biometric information (second biometric information)), whereby the program causes the computer to realize a function of an authentication part (Lee, Fig. 1: biometric information authentication apparatus 300. Also shown in Fig. 3), wherein the first biometric information in the authentication information transmitted from the certification information adding part to the authentication part is configured (Lee, [0052]: biometric information generation module (certification information adding part) generates biometric information for authentication (authentication information) by inserting a watermark pattern (certification information) into a biometric image (first biometric information); [0080]: biometric information authenticating apparatus (authenticating part) receives the biometric information for authentication (authentication information)). Lee does not explicitly disclose notifying certification information concerning a communication rule in advance; according to the communication rule; notified in advance from the processing of notifying in advance; configured in such way that the first biometric information is divided to a plurality of blocks to be arranged in a predetermined transmission order according to the communication rule; and wherein the certification information includes each size of the plurality of blocks of the first biometric information which is divided to the plurality of blocks to be arranged in the authentication information and the predetermined transmission order of the plurality of blocks. However, Fu discloses notifying certification information concerning a communication rule in advance (Fu, [0012]: “selecting, by the transmitter, a basis of preparation for authenticating the transmitter identity information according to a basis selection rule agreed upon with the receiver”; [0026]: “the transmitter identification information on the receiver side is … sent to the receiver by the transmitter through a pre-determined channel”; [0036]: “the different codes are preset by the transmitter and the receiver or determined via negotiation through a pre-determined channel”; [0058]: “the length of the authentication information … is preset or determined via negotiation with the peer device through a pre-determined channel.” [Transmitter (certification information adding part) and receiver (authentication part) agree in advance on the basis selection rule, codes/lengths, etc. (communication rule) for transmitter authentication information (certification information)]), and transmitting authentication information including the certification information and the first biometric information configured according to the communication rule (Fu, [0012]: “transmitting quantum states containing at least key information and the transmitter authentication information in a preset manner”; [0033]: “transmitting quantum states of control information and data information with respectively different wavelengths in a preset information format, wherein the data information comprises the key information and the transmitter authentication information.”; [transmitter authentication information and data information=authentication information; authentication/control information defining the format= certification information; transmitted using the preset information format= configured according to the communication rule])), verifying legitimacy of the certification information in the authentication information using the certification information notified in advance from the processing of notifying in advance Fu, [0013]: “by the receiver, … measuring the received quantum states of the transmitter authentication information according to the basis selection rule, and, if the measurement result is consistent with the transmitter authentication information calculated following the first pre-provisioned algorithm, determining that the transmitter is authenticated”; [0174]: “the measured transmitter authentication information is compared with the transmitter authentication information calculated in step 102-2, so as to complete authentication on the transmitter”; [receiver=authentication part; agreed basis selection rule and expected authentication information=certification information notified in advance; measures and compares received authentication information with the expected information= verifies legitimacy]). It would have been obvious to one of ordinary skill in the art, having the teachings of Lee and Fu before him or her before the effective filing date of the claimed invention, to modify a biometric information transmission and authentication system as taught by Lee, to include transmitting authentication information and data according to a negotiated rule, and enabling the receiver to process and verify the received information using the same rule as taught by Fu. The motivation for doing so would have been to ensure certification information and biometric information are consistently structured and correctly interpreted by the receiving authentication apparatus, thereby improving the reliability and robustness of the authentication process. Furthermore, the combination of Lee and Fu does not explicitly disclose configured in such way that the first biometric information is divided to a plurality of blocks to be arranged in a predetermined transmission order according to the communication rule; and wherein the certification information includes each size of the plurality of blocks of the first biometric information which is divided to the plurality of blocks to be arranged in the authentication information and the predetermined transmission order of the plurality of blocks. However, Carlson discloses configured in such way that the first biometric information is divided to a plurality of blocks (Carlson, [0149]: original data file (first biometric information [when applied to Lee’s digital biometric image data]) is divided into blocks) to be arranged in a predetermined transmission order (Carlson, [0152]-[0153]: the blocks are rearranged to form a reassembled file; the selected block order is fixed before transmission (predetermined transmission order); [0157]: the reassembled file is transmitted) according to the communication rule (Carlson, [0154]: using a selected key (communication rule) to define the block arrangement [predetermined transmission order is determined is generated under that key]); and wherein the certification information includes each size of the plurality of blocks of the first biometric information which is divided to the plurality of blocks to be arranged in the authentication information and the predetermined transmission order of the plurality of blocks (Carlson, [0154]: order (predetermined transmission order), size and geometry of the block (certification information) is transmitted with the assembled file). It would have been obvious to one of ordinary skill in the art, having the teachings of Lee, Fu and Carlson before him or her before the effective filing date of the claimed invention, to modify a system for transmitting biometric and associated authentication information using preset or negotiated communication rule as taught by Lee and Fu, to division of the biometric information into blocks and inclusion of block size and block order information as taught by Carlson. The motivation for doing so would have been to ensure that the receiving authentication apparatus could correctly reassemble the transmitted biometric information, thereby enabling the biometric comparison to be performed using properly reconstructed biometric information and improving the reliability of the authentication process. Claims 3-5, 11-13 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Fu and Carlson, further in view of Chafni et al. (US 2022/0103362), hereinafter Chafni. Regarding claim 3, Lee discloses transmits the first biometric information to the certification information adding part (Lee, [0052]: biometric information generation module (certification information adding part) generates biometric information for authentication (authentication information) by inserting a watermark pattern (certification information) into a biometric image (first biometric information); [0080]: biometric information authenticating apparatus (authenticating part) receives the biometric information for authentication (authentication information)). Lee, Fu and Carlson do not explicitly disclose wherein the processor is configured to execute the program instructions to implement: a biometric information encryption part which encrypts the first biometric information acquired by the biometric information acquiring part using a predetermined encryption and transmits the encrypted first biometric information to the certification information adding part; and the second biometric information of the user in the biometric information database is encrypted using the predetermined encryption. However, Chafni discloses wherein the processor is configured to execute the program instructions to implement: a biometric information encryption part which encrypts the first biometric information acquired by the biometric information acquiring part using a predetermined encryption (Chafni, Fig. 5B, steps 555-560; [0075]-[0076]); and the second biometric information of the user in the biometric information database is encrypted using the predetermined encryption (Chafni, [0076]: biometric template vector (second biometric information) and biometric data (first biometric information) are encrypted using the same encryption scheme). It would have been obvious to one of ordinary skill in the art, having the teachings of Lee, Fu, Carlson and Chafni before him or her before the effective filing date of the claimed invention, to modify a system that captures and transmits biometric information to an authentication apparatus as taught by Lee, Fu and Carlson, to include encrypting the biometric information before transmission, and storing an encrypted biometric template for the authentication which uses the same encryption scheme as taught by Chafni. The motivation for doing so would have been to implement an improved security system that enables secure authentication while maintaining data confidentiality. Regarding claim 4, Lee discloses wherein the first biometric information in the authentication information transmitted from the certification information adding part to the authentication part is configured (Lee, [0052]: biometric information generation module (certification information adding part) generates biometric information for authentication (authentication information) by inserting a watermark pattern (certification information) into a biometric image (first biometric information); [0080]: biometric information authenticating apparatus (authenticating part) receives the biometric information for authentication (authentication information)). Lee and Fu do not explicitly disclose configured in such way that the first biometric information is divided to a plurality of blocks to be arranged in a predetermined transmission order according to the communication rule; and wherein the certification information includes each size of the plurality of blocks of the first biometric information which is divided to the plurality of blocks to be arranged in the authentication information and the predetermined transmission order of the plurality of blocks. However, Carlson discloses configured in such way that the first biometric information is divided to a plurality of blocks (Carlson, [0149]: original data file (first biometric information) is divided into blocks) to be arranged in a predetermined transmission order according to the communication rule (Carlson, [0152]-[0153]: the blocks are rearranged to form a reassembled file; [0157]: the reassembled file is transmitted); and wherein the certification information includes each size of the plurality of blocks of the first biometric information which is divided to the plurality of blocks to be arranged in the authentication information and the predetermined transmission order of the plurality of blocks (Carlson, [0154]: order, size and geometry of the block (certification geometry) is appended to the front of the assembled file). It would have been obvious to one of ordinary skill in the art, having the teachings of Lee, Fu and Carlson before him or her before the effective filing date of the claimed invention, to modify a system for transmitting biometric and associated authentication information using structured communication and encryption techniques as taught by Lee and Fu, to include applying block-based data segmentation, ordering and inclusion of block metadata in the transmitted data as taught by Carlson. The motivation for doing so would have been to facilitate reliable transmission and reconstruction of the biometric information and associated authentication information. Regarding claim 5, Lee, Fu and Carlson do not explicitly disclose wherein the predetermined encryption is a homomorphic encryption. However, Chafni discloses wherein the predetermined encryption is a homomorphic encryption (Chafni, [0076]). It would have been obvious to one of ordinary skill in the art, having the teachings of Lee, Fu, Carlson and Chafni before him or her before the effective filing date of the claimed invention, to modify a system that captures and transmits biometric information to an authentication apparatus as taught by Lee, Fu and Carlson, to include encrypting the biometric information before transmission, and storing an encrypted biometric template for the authentication which uses the same encryption scheme as taught by Chafni. The motivation for doing so would have been to implement an improved security system that enables secure authentication while maintaining data confidentiality. Regarding claims 11 and 17, the limitations have been addressed in the rejection of claim 3. Regarding claim 12 and 18, the limitations have been addressed in the rejection of claim 4. Regarding claims 13 and 19, the limitations have been addressed in the rejection of claim 5. Claims 6-8, 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Fu and Carlson, further in view of Connell et al. (US 2010/0046808), hereinafter Connell. Regarding claim 6, Lee discloses transmits the first biometric information to the certification information adding part (Lee, [0052]: biometric information generation module (certification information adding part) generates biometric information for authentication (authentication information) by inserting a watermark pattern (certification information) into a biometric image (first biometric information); [0080]: biometric information authenticating apparatus (authenticating part) receives the biometric information for authentication (authentication information)). Lee, Fu and Carlson do not explicitly disclose wherein the processor is configured to execute the program instructions to implement: a conversion key generation part which generates a conversion key; and a biometric information conversion part which converts the first biometric information acquired by the biometric information acquiring part based on the conversion key and transmits the converted first biometric information to the certification information adding part; wherein the second biometric information of the user in the biometric information database has been converted based on the conversion key. However, Connell discloses wherein the processor is configured to execute the program instructions to implement: a conversion key generation part which generates a conversion key (Connell, [0033]: “ The parameters used to generate the texture image and the combination method (conversion transform function(s), e.g. add, subtract, etc.) are stored as a key .... The key includes the synthetic texture patterns and the operations for how these patterns were combined with the unwrapped iris image”; [0050]: “The pattern or patterns … may be … randomly generated using transform generator”; and a biometric information conversion part which converts the first biometric information acquired by the biometric information acquiring part based on the conversion key and transmits the converted first biometric information (Connell, [0032]: “An original image 108 is combined with the synthetic image using an operation such as add, subtract, multiply, divide or more complicated combinations or relationships”; [0051]: “A combining module 408 is configured to combine pixels of the at least one pattern in block 404 with the biometric image 403 or unwrapped image 411 by employing a transform pixel operation 410 to generate a transformed image”; [0052]: “The transformed image may be sent to a secure server 422 for matching”); wherein the second biometric information of the user in the biometric information database has been converted based on the conversion key (Connell, [0011]: “at least one pattern is combined with the biometric image by employing a transform pixel operation to generate a transformed enrollment. The same pattern or patterns and the same transform pixel operation or operations are applied to a query to enable matching of the query to the enrollment to verify an identity.”; [0035]: “If it is an enrollment procedure, the resulting template … is suitable for enrollment in a database”; [0062]: “This enrollment 525 is later employed for matching against transformed feature 517 of a query presentation of user”. [enrollment/template = second biometric information]). It would have been obvious to one of ordinary skill in the art, having the teachings of Lee, Fu Carlson and Connell before him or her before the effective filing date of the claimed invention, to modify a system that captures and transmits biometric information to an authentication apparatus as taught by Lee, Fu and Carlson, to include applying biometric transformation techniques as taught by Connell. The motivation for doing so would have been to enhance the security and privacy of biometric data by allowing biometric authentication to be performed while preventing exposure of the original biometric data. Regarding claim 7, Lee discloses wherein the first biometric information in the authentication information transmitted from the certification information adding part to the authentication part is configured (Lee, [0052]: biometric information generation module (certification information adding part) generates biometric information for authentication (authentication information) by inserting a watermark pattern (certification information) into a biometric image (first biometric information); [0080]: biometric information authenticating apparatus (authenticating part) receives the biometric information for authentication (authentication information)). Lee and Fu do not explicitly disclose configured in such way that the first biometric information is divided to a plurality of blocks to be arranged in a predetermined transmission order according to the communication rule; and wherein the certification information includes each size of the plurality of blocks of the first biometric information which is divided to the plurality of blocks to be arranged in the authentication information and the predetermined transmission order of the plurality of blocks. However, Carlson discloses configured in such way that the first biometric information is divided to a plurality of blocks (Carlson, [0149]: original data file (first biometric information) is divided into blocks) to be arranged in a predetermined transmission order according to the communication rule (Carlson, [0152]-[0153]: the blocks are rearranged to form a reassembled file; [0157]: the reassembled file is transmitted); and wherein the certification information includes each size of the plurality of blocks of the first biometric information which is divided to the plurality of blocks to be arranged in the authentication information and the predetermined transmission order of the plurality of blocks (Carlson, [0154]: order, size and geometry of the block (certification geometry) is appended to the front of the assembled file). It would have been obvious to one of ordinary skill in the art, having the teachings of Lee, Fu and Carlson before him or her before the effective filing date of the claimed invention, to modify a system for transmitting biometric and associated authentication information using structured communication and biometric transformation techniques as taught by Lee and Fu, to include applying block-based data segmentation, ordering and inclusion of block metadata in the transmitted data as taught by Carlson. The motivation for doing so would have been to facilitate reliable transmission and reconstruction of the biometric information and associated authentication information. Regarding claim 8, Lee, Fu and Carlson do not explicitly disclose wherein the conversion based on the conversion key is a one-way conversion. However, Connell discloses wherein the conversion based on the conversion key is a one-way conversion (Connell, [0026]: “It is secure because an original iris pattern cannot be recovered even from a “cracked” package.”; [0041]: “These methods are non-invertible as all original pixel intensities or code strings are “damaged … Hence, the present methods are non-invertible, thus guaranteeing privacy” [non-invertible = one-way]). It would have been obvious to one of ordinary skill in the art, having the teachings of Lee, Fu, Carlson and Connell before him or her before the effective filing date of the claimed invention, to modify a system that captures and transmits biometric information to an authentication apparatus as taught by Lee, Fu and Carlson, to include applying biometric transformation techniques as taught by Connell. The motivation for doing so would have been to enhance the security and privacy of biometric data by allowing biometric authentication to be performed while preventing exposure of the original biometric data. Regarding claims 14 and 20, the limitations have been addressed in the rejection of claim 6. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESA M KENNEDY whose telephone number is (571)431-0704. The examiner can normally be reached on Monday-Wednesday 9:30 am - 5:30 pm ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Umar Cheema can be reached on (571) 270-3037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. The examiner also requests, in response to this Office Action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application. /LESA M KENNEDY/Primary Examiner, Art Unit 2458
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Prosecution Timeline

May 17, 2024
Application Filed
Apr 22, 2026
Non-Final Rejection mailed — §103, §112
Jul 13, 2026
Response Filed
Sep 18, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
99%
With Interview (+24.4%)
3y 0m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 208 resolved cases by this examiner. Grant probability derived from career allowance rate.

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