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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/4/25 has been entered.
Claims 1-22 are pending. Claims 1, 5, 9-11, 15, 18-20 have been amended. Claims 21-22 have been added.
Response to Amendment
Applicant’s amendments to claims 1, 5, 9-11, 15, 18-20 have been considered and are accepted. The Examiner finds that applicant's amendments do have support in applicant's as-filed disclosure.
Response to Arguments
Applicant’s arguments filed 12/04/2025 have been fully considered but they are not persuasive.
Applicant’s arguments regarding the rejections of the claims under the prior art have been fully considered. However, those arguments are rendered moot in light of the new grounds of rejection outlined below, which were necessitated by the applicant's amendment.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8-9, 11-16, 18, 20, 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Alameh et al. (US Pub. 20210073362 A1).
Regarding claim 1 (currently amended), Alameh discloses a method comprising: at a first device including a camera (para. 150-The imager processor system 709 can be operable with sensors 711 of the wearable electronic device 107, such as a camera or imager 710, to process information detected from a user's gaze),
an eye tracker (para. 72- the wearable electronic device 107 is configured as a pair of smart glasses, an imager of the smart glasses can determine exactly where the gaze 116 is directed.),
one or more processors, and non- transitory memory: obtaining, via the camera, an image of a physical environment (para. 56- the wearable electronic device 107 can identify whether a companion electronic device 112 is operating within the wireless communication radius 113 using an imager.);
detecting, in the image of the physical environment, a second device (para. 56-the wearable electronic device 107 can identify whether a companion electronic device 112 is operating within the wireless communication radius 113 using an imager. One or more processors of the wearable electronic device 107 can perform image analysis on images captured by the imager to identify the device type identifier 120 of each companion electronic device 112.);
determining, using the eye tracker, a gaze of a user (para. 165- A gaze detector 718 can be operable with the imager processor system 709 operating in conjunction with the face analyzer 715. The gaze detector 718 can comprise sensors for detecting the user's gaze point);
determining that the gaze of the user is directed to the second device (para. 50- In one or more embodiments, in response to the one or more sensors detecting that the gaze 116 of the authorized user 106 is directed at the companion electronic device 112); and
determining that the second device is in a locked state requiring unlocking data to proceed to an unlock state (paras. 126); and
in response to determining that the gaze of the user is directed to the second device and the second device is in the state requiring the unlocking data to unlock, transmit the unlocking data to the second device (para. 50- the wireless communication circuit of the wearable electronic device 107 delivers an actuation command 117 to the companion electronic device 112.; para. 74- In its most basic form, the actuation command 117 comprises an electronic message commanding or authorizing the companion electronic device to take a particular action. Examples of such actions include turning ON the display, selecting content for delivery or presentation, and so forth. The actions will vary based upon the application and the type of companion electronic device. In other embodiments, the actuation command 117 can comprise keys or tokens that cause the companion electronic device 112 to perform a particular action, such as launching a particular application; para. 102- transmitting information from the engagement profile that informs the companion electronic device how to operate when an actuation command is later received. For example, in one or more embodiments the engagement profile identifies a predefined operating mode for the companion electronic device; para. 139- the engagement profile, define what access to grant user (owner or guest, permanent or temporary); note- the engagement profile information + keys/tokens for particular applications = unlocking data.).
Regarding claim 2 (previously presented), Alameh discloses in the method of claim 1, further comprising authenticating the user prior to transmitting the unlocking data to the second device.(para. 25- a person who has been authenticated by the electronic device can unlock and access companion electronic devices simply by being near them and looking at them.)
Regarding claim 3 (previously presented), Alameh discloses in the method of claim 2, further comprising performing an eye scan of the user, wherein authenticating the user is based on the eye scan of the user. (para. 35- Other examples of biometric input 109 suitable for use in authenticating a person as the authorized user of a wearable electronic device 107 will be obvious to those of ordinary skill in the art having the benefit of this disclosure. For example, iris scans, facial depth scans, facial recognition from images)
Regarding claim 4 (previously presented), Alameh discloses in the method of claim 2, further comprising receiving a passcode from the user, wherein authenticating the user is based on the passcode. (para. 36- Where the authentication factors are used instead of the biometric input 109, such as entering a personal identification number (PIN) rather than placing a finger on a fingerprint sensor, the authentication process simply changes.)
Regarding claim 5 (currently amended), Alameh discloses in the method of claim 2, wherein authenticating the user is performed in response to determining that the second device is in the locked state requiring the unlocking data proceed to the unlocked state. (para. 63, 126)
Regarding claim 6 (previously presented), Alameh discloses in the method of claim 2, wherein authenticating the user is performed in response to detecting the second device. (para. 63- When the predefined distance 114 between the wearable electronic device 107 and the companion electronic device 112 is reached, the wireless communication circuit of the wearable electronic device 107 delivers 126 the authentication credential 115 to the companion electronic device 112. In one or more embodiments, the authentication credential 115 authenticates the authorized user 106 to the companion electronic device 112, and optionally causes the companion electronic device 112 to transition from a locked state to an unlocked state. Examples of authentication credentials include user names, passwords, personal identification numbers, and so forth.)
Regarding claim 8 (previously presented), Alameh discloses in the method of claim 1, wherein the unlocking data provides access to the second device. (para. 74- In its most basic form, the actuation command 117 comprises an electronic message commanding or authorizing the companion electronic device to take a particular action. Examples of such actions include turning ON the display, selecting content for delivery or presentation, and so forth. The actions will vary based upon the application and the type of companion electronic device. In other embodiments, the actuation command 117 can comprise keys or tokens that cause the companion electronic device 112 to perform a particular action, such as launching a particular application)
Regarding claim 9 (currently amended), Alameh discloses in the method of claim 1, wherein determining that the second device is in the state requiring the unlocking data to unlock includes receiving a request for the unlocking data from the second device.( para. 52- This identification can occur in the opposite direction as well, with the companion electronic device 112 transmitting a beacon to the wearable electronic device 107; note- beacon from companion device which results in authentication credentials/unlocking data = request for authentication credentials/unlocking data)
22. (New) The method of claim 1, wherein the second device displays a lock screen in the locked state and a home screen in the unlocked state. (para. 140-141)
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.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Alameh and further in view of Bharti et al. (US Pub. 20190132732 A1).
Regarding claim 7, Alameh does not specifically teach authenticating the user is performed in response to determining that the gaze of the user is directed to the second device. However, in the related art of providing credentials to different devices, Bharti teaches authenticating the user is performed in response to determining that the gaze of the user is directed to the second device. (see para. 22). Therefore, one of ordinary skill in the art before the effective filing date of the claimed invention, would have found it obvious to use this teaching of Bharti with the disclosure of Alameh as a known alternative way of authenticating the user of Alameh prior to the transmission of the authentication credentials to the companion device to ensure the user is an authorized user of the companion device.
Regarding claims 11-18, they are rejected as applied to claims 1-7, 9 because a corresponding system would have been necessitated to carry forth the method steps of claim 1-7, 9. The applied prior art also discloses the corresponding architecture.
Regarding claim 20, it merely recites a computer program that when executed, performs the functional steps of method claim 1, and thus, rejected for the same rationale.
Claim Objections
Claims 10, 19 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A CORUM JR whose telephone number is (303)297-4234. The examiner can normally be reached Mon. - Fri. 8 AM - 5 PM EST.
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, Jeffrey Pwu can be reached at (571)272-6798. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WILLIAM A CORUM JR/Primary Examiner, Art Unit 2433