CTNF 18/725,294 CTNF 101547 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority This application claims priority to PCT/EP2022/051849 filed January 27, 2022. Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/08/2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections 07-29-01 AIA Claim 62 objected to because of the following informalities: to “An electronic device comprising an apparatus as claimed in claim 1” should be “An electronic device comprising an apparatus as claimed in claim 1 54 ” Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 65 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 65 recites “if it is determined that the device has successfully completed the at least one dynamically created physical challenge” The Examiner is unclear what “it” is in this context. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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 (i.e., changing from AIA to pre-AIA) 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. PNG media_image1.png 399 714 media_image1.png Greyscale 07-15 AIA Claim s 54-73 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Budnitz (US Patent No. 10,691,785 and Budnitz hereinafter) . Regarding Claim 54 , Budnitz discloses an apparatus (see Figure 6 above, i.e., “User device 102”) Col. 6 lines 11-12 comprising at least one processor; and at least one memory including computer program code (i.e., “a processor (i.e., an electronic microprocessor comprising input, output, and processing circuitry and further comprising, or having access to, memory providing retrievable storage of data and/or instructions to be executed by the processor).”) ; the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to perform (i.e., “a processor (i.e., an electronic microprocessor comprising input, output, and processing circuitry and further comprising, or having access to, memory providing retrievable storage of data and/or instructions to be executed by the processor).”) Col. 6 lines 14-18 : cause to request, from at least one server (Figure 6 below, elements 102, 602, and 604 (i.e. “For example, server 604 may receive a request for access to a secured asset by user device 102”) Col. 9 lines 20-21) , location based information based (i.e., “one of depicted secured assets 402 may indicate authorization to a secured location, whereby a code may be provided to obtain access to a controlling device (e.g., keypad door lock), indicia of the location itself, and/or other location information.”) Col. 8 lines 51-55 , at least in part, on a current location of a device (i.e., “Upon successfully completing the authentication challenge, user 104 is allowed to access the particular location…the particular location may be time specific or time limited.”) Col. 6 lines 3-6 ; cause to transmit, to the at least one server, capability information of the device to perform at least one physical action (“The user device may comprise one or more sensing components (e.g., accelerometer, altimeter, orientation, compass, microphone, camera, vision, location (GPS coordinates), etc.) (i.e. capabilities of the user device).”) Col. 1 lines 59-62 ; receiving at least one dynamically created physical challenge to be performed by the device (i.e., “a user device may be asked to perform one or more tasks as a component of an authentication challenge”) Col. 1 lines 63-65 , the at least one dynamically created physical challenge based, at least in part, on at least one of the following: the capability information of the device (“The user device may comprise one or more sensing components (e.g., accelerometer, altimeter, orientation, compass, microphone, camera, vision, location (GPS coordinates), etc.) (i.e. capabilities of the user device).”) Col. 1 lines 59-62 or one or more capabilities of environment of the device (i.e., “A spatial challenge may be a task or action, such as capturing an image at a particular location, capturing a sound at a particular location, placing their user device in a particular physical location or orientation, setting a location using device GPS tracking, and/or transition their user device through a particular physical location or orientation.”) Col. 2 lines 1-7 ; and controlling the device to perform at least one physical action based, at least in part, on the at least one dynamically created physical challenge device (i.e., “a user device may be asked to perform one or more tasks as a component of an authentication challenge”) Col. 1 lines 63-65 . Regarding Claim 64 , Budnitz suggests all the limitations of claim 54 in method form rather than in device form. Budnitz also discloses a method (see Figure 7, i.e. “a method for authentication is disclosed”) Col. 2 lines 51-53 . Therefore, the rejection of claim 54 applies equally as well to the limitations of claim 64. PNG media_image2.png 826 702 media_image2.png Greyscale Regarding Claim 65 , Budnitz discloses an apparatus comprising at least one processor; and at least one memory including computer program code; the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to perform: receiving a request, from a device (Fig 6 above, elements 102, 602, and 604 (i.e. “For example, server 604 may receive a request for access to a secured asset by user device 102”) Col. 9 lines 20-21) , for location based information (i.e., “one of depicted secured assets 402 may indicate authorization to a secured location, whereby a code may be provided to obtain access to a controlling device (e.g., keypad door lock), indicia of the location itself, and/or other location information.”) Col. 8 lines 51-55 , the request based, at least in part, on a current location of the device (i.e., “Upon successfully completing the authentication challenge, user 104 is allowed to access the particular location…the particular location may be time specific or time limited.”) Col. 6 lines 3-6 ; receiving capability information of the device to perform at least one physical action (i.e., “ a user may wear a “smart watch,” which provides a portion of the functionality (i.e. capability) of the user device and is in communication with a cellular telephone carried by the same user, which provides another portion of the functionality (i.e. capability) of the user device. The user device may comprise one or more sensing components (e.g., accelerometer, altimeter, orientation, compass, microphone, camera, vision, location (GPS coordinates), etc.) (i.e. capabilities of the user device).”) Col. 1 lines 55-62 ; determining, based at least in part on at least one of the following: the received capability information of the device or one or more capabilities of environment of the device (“The user device may comprise one or more sensing components (e.g., accelerometer, altimeter, orientation, compass, microphone, camera, vision, location (GPS coordinates), etc.) (i.e. capabilities of the user device).”) Col. 1 lines 59-62 , at least one dynamically created physical challenge to be performed by the device (i.e., “a user device may be asked to perform one or more tasks as a component of an authentication challenge”) Col. 1 lines 63-65 ; cause to transmit the at least one dynamically created physical challenge to the device (i.e. “It should be appreciated that a human user may receive, such as via their user device, the instruction to perform the action and may be required to perform an action”) Col. 2 lines 7-10 ; receiving sensor data based, at least in part, on the at least one dynamically created physical challenge (i.e. “however, compliance or lack of compliance is determined with respect to the user device, such as one or more sensor outputs indicating the user device has performed the action”) Col. 2 lines 7-15 ; determining, based at least in part on the received sensor data, if the device has successfully completed the at least one dynamically created physical challenge (i.e. “determining the output signals from the one or more sensors indicates compliance with the instruction.”) Col. 2 lines 7-15 ; and if it is determined that the device has successfully completed the at least one dynamically created physical challenge (i.e., “Once the user device successfully indicates compliance with the spatial challenge, indicating the user performed the action, the user and/or the user device may be granted access to a secured asset such as private information, enabled to perform a secured transaction, or granted access to a secured location.”) Col. 2 lines 15-21 , cause to transmit the requested location based information to the device (i.e., “Once the user device successfully indicates compliance with the spatial challenge, indicating the user performed the action, the user and/or the user device may be granted access to a secured asset such as private information, enabled to perform a secured transaction, or granted access to a secured location.”) Col. 2 lines 15-21 and (i.e., “Upon successfully completing the authentication challenge, user 104 is allowed to access the particular location…the particular location may be time specific or time limited.”) Col. 6 lines 3-6 . Regarding Claim 55 and Claim 66 , Budnitz discloses all the limitations of 54 and 65, respectively, as discussed above. Further Budnitz discloses the at least one memory and computer program code further configured to, with the at least one processor, cause the apparatus to perform: cause to transmit, to the at least one server, sensor data of the device based, at least in part on the performed at least one physical action (see Figure 6 above, i.e. “however, compliance or lack of compliance is determined with respect to the user device, such as one or more sensor outputs indicating the user device has performed the action and then, upon determining the output signals from the one or more sensors indicates compliance with the instruction”) Col. 2 lines 7-15 . Regarding Claim 56 and Claim 67 , Budnitz discloses all the limitations of 54 and 65, respectively, as discussed above. Further Budnitz discloses wherein the location based information comprises information to enable the device to move around the current location of the device (i.e., “A spatial challenge may be a task or action, such as… placing their user device in a particular physical location or orientation, setting a location using device GPS tracking, and/or transition their user device through a particular physical location or orientation.”) Col. 2 lines 1-7 . Regarding Claim 57 and Claim 68 , Budnitz discloses all the limitations of 54 and 65, respectively, as discussed above. Further Budnitz discloses wherein the at least one dynamically created physical challenge comprises at least one of the following: a movement, a sound, a haptic output, a display output, or a sensing action to be performed by the device (i.e., “User device 102 comprises at least one sensor (e.g., visual, audio, haptic, compass, orientation, altitude, acceleration, radio frequency, etc.) and a processor…User device 102 may further comprise human input/output components (e.g., display screen, speaker, microphone, touch screen, buttons, switches, haptic input/output, etc.) and/or communications components (e.g., WiFi, Bluetooth, NFC, cellular, infrared, etc.) to enable device 102 to communicate with other networks and devices.”) Col. 6 lines 11-24 and (i.e. “Step 704 presents a spatial challenge upon user device 102. Alternatively, the presentation of the spatial challenge may be provided by audio output or via another component. Accordingly, the presentation may be visual, as presented on a display of user device 102; audio, as presented by a speaker of user device 102, haptic, as presented by a vibrator of user device 102, etc. Next, step 706 determines whether the spatial challenge has been successfully completed.”) Col. 9 lines 65-67 Col. 10 lines 1-5 . Regarding Claim 58 and Claim 69 , Budnitz discloses all the limitations of 54 and 65, respectively, as discussed above. Further Budnitz discloses generating, using at least one camera of the device ( see Figure 1 below, i.e. “The presence of user 104 within location 108 may be determined by a relative angle in which the camera of user device 102 captures the image of artifact 110A was captured”) Col. 5 lines 4-7 , at least one image of the environment of the device at the current location of the device (i.e. “If user 104 is correctly located in area 108 and receives a portion of spatial challenge, such as by receiving and observing a message on user device 102, user 104 may be able to comply with the instruction to capture an image, such as of artifact 110B, within a few seconds. Accordingly, if user 104 completes the spatial challenge within, for example, fifteen seconds, then user 104 may be determined to be within location 108.”) Col. 5 lines 18-25 ; and cause to transmit the at least one image of the environment of the device to the at least one server prior to receiving at least one dynamically created physical challenge (i.e. “the presence of user 108 may be determined, with at least an acceptable degree of certainty, by making the spatial challenge known to user 104 minimally in advance of a deadline to complete the spatial challenge.”) Col 5 lines 11-15 . PNG media_image3.png 418 607 media_image3.png Greyscale Regarding Claim 59 and Claim 70 , Budnitz discloses all the limitations of 54 and 65, respectively, as discussed above. Further Budnitz discloses receiving appearance information of the device, wherein determining if the device has successfully completed the at least one dynamically created physical challenge is based, at least in part, on the received appearance information of the device (i.e. “server 604 may provide instructions to user device 102 to provide objects to be rendered upon an augmented reality portion of an image displayed on a display of user device 102.”) Col. 9 lines 44-47 . Regarding Claim 60 , Budnitz discloses all the limitations of 54 as discussed above. Further Budnitz discloses receiving, upon successful completion of the at least one dynamically created physical challenge, the requested location based information (i.e., “Once the user device successfully indicates compliance with the spatial challenge, indicating the user performed the action, the user and/or the user device may be granted access to a secured asset such as private information, enabled to perform a secured transaction, or granted access to a secured location.”) Col. 2 lines 15-21 and (i.e., “Upon successfully completing the authentication challenge, user 104 is allowed to access the particular location…the particular location may be time specific or time limited.”) Col. 6 lines 3-6 . Regarding Claim 61 , Budnitz discloses all the limitations of 54 as discussed above. Further Budnitz discloses receiving, after successful completion of the at least one dynamically created physical challenge, one or more physical actions to be performed by the device (i.e. Step 708 determines if there are more challenges and, if determined in the affirmative, step 710 selects the next challenge. Process 700 then continues to step 704 utilizing the selected next challenge.) Col. 10 lines 17-20 ; and controlling the device to perform the one or more physical actions (i.e. see Figure 7 above elements 706, 708 and 710) . Regarding Claim 62 , Budnitz discloses all the limitations of 54 as discussed above. Further Budnitz discloses herein the electronic device is configured (i.e.“The user device comprises portable computing device, such as a cellular telephone, tablet, laptop, electronic goggles or glasses, or other computing device which may further comprise wireless connectivity hardware and instructions”) Col. 1 lines 47-51 to perform at least one physical action (i.e., “a user device may be asked to perform one or more tasks as a component of an authentication challenge”) Col. 1 lines 63-65 . Regarding Claim 63 , Budnitz discloses all the limitations of 54 as discussed above. Further Budnitz discloses wherein the device is configured to perform at least one of the following autonomously (i.e. “An acoustic artifact may operate independently of user 104 and/or user device 102 or be triggered by user 104 and/or user device 102.”) Col. 5 lines 37-39 : at least one physical action; or at least one dynamically created physical challenge (i.e. “ Artifacts 110 may comprise acoustic artifacts, which may be static over an interval of time (e.g., ticking of a clock) or may be dynamic or at least unique over another period of time, such as capturing the sound of the clock striking twelve, or the announcements at a train station comprising the arrival or departure of a particular train, etc. In certain embodiments, successfully completing a single spatial challenge may be sufficient to authorize user 104 and/or user device 102 to access the secured asset.”) Col. 5 lines 29-37 . Regarding Claim 71 , Budnitz discloses all the limitations of 65 as discussed above. Further Budnitz discloses wherein if it is determined that the device has not successfully completed the at least one dynamically created physical challenge, denying the device access to the requested location based information (See Figure 7 above, elements 706 and 714; i.e. “Should step 706 be determined in the negative, step 714 may deny access to the secured asset.”) Col. 10 lines 22-24 . Regarding Claim 72 , Budnitz discloses all the limitations of 65 as discussed above. Further Budnitz discloses cause one or more further devices in the environment of the device to perform at least one physical action based (i.e. “server 604 and/or user derive 102 may communicate with other systems and devices, such as user devices of other users, network interfaces, etc. as either a component of a spatial challenge or to allow user 104 and/or user device 102 to obtain the secured asset.”) Col. 9 lines 51-55 , at least in part, on the at least one dynamically created physical challenge (i.e. ”Step 704 presents a spatial challenge upon user device 102.”) Col. 9 lines 65-66 . Regarding Claim 73 , Budnitz discloses all the limitations of 65 as discussed above. Further Budnitz discloses at least one of the following: a transmitter or a receiver (i.e. “User device 102 may receive and/or transmit radio frequency signals to other components such as satellite 204, such as to receive GPS signals, satellite based communications, etc.; network communication interface 206, such as WiFi, WiMax, Bluetooth, NFC, etc.; cellular tower 208, such as to communicate via a cellular voice and/or data network; other user device 210 associated with another user 212; and/or other components.”) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Iyonda L. Lewis whose telephone number is (571)272-4440. The examiner can normally be reached Monday - Friday 8:00am - 4:00pm. 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, Alison Slater can be reached at (571) 270-0375. 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. /IYONDA L LEWIS/Patent Examiner, Art Unit 2647 Iyonda.Lewis@uspto.gov /DIANE D MIZRAHI/Primary Examiner, Art Unit 2647
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