DETAILED ACTION
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
Claims 1, 8, 15-22 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 8, 15-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 8 recite the limitation “when a person shown in a second image is determined, based on a feature regarding a face of the person shown in the second image, to not correspond to any of the plurality of preregistered persons: determine, using the feature regarding the clothing of the person shown in the first image and a feature regarding clothing of the person shown in the second image, that the person shown in the second image corresponds to the one of the plurality of preregistered persons to which the person shown in the first image corresponds, wherein the second image is different from the first image”. The originally filed disclosure fails to provide support for the above limitation claiming authenticating the user based on clothing, when the authentication based on facial features fails. The originally filed disclosure only provides support for using the “apparel” of the user as a attribute that can be used for authenticating the user, and not the specific step of authentication as claimed above. The limitation does not have support in the originally filed disclosure, and is considered a new matter.
Claims 15-22 are rejected for being dependent on a rejected claim.
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.
Claims 1, 8, 15-22 are 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.
Claims 1, 8 recite the limitation “a person” in line 5. The claim further recites the limitation “a person” in line 10. It is not clear if the “a person” from line 10 is the same or different person from line 5. The scope of the claim cannot be determined and is considered indefinite.
Claims 15-22 are rejected for being dependent on a rejected claim.
Note: for the purpose of the art rejections below, the limitation in line 10 is interpreted to represent “the person”.
Claim Rejections - 35 USC § 102
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 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)(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.
Claim(s) 1, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chandra [US 20160034678].
As to claim 1. Chandra discloses An information processing apparatus comprising:
at least one memory storing instructions; and at least one processor configured to execute the instructions, [fig. 7, 0147] storage media 2040 storing instructions for execution by processor 2010, to:
acquire a first image captured by a camera, [fig. 1, 0046, 0093] obtain digital image of an individual using camera 114;
when using a feature regarding a face of a person shown in the first image and a feature regarding a face of each of a plurality of preregistered persons, [0095] compare facial feature of the user against facial features from a database of images, the person shown in the first image is determined to correspond to one of the plurality of preregistered persons, [0035, 0095] user authenticated based on facial features matching:
acquire a feature regarding clothing of the person shown in the first image, [0095] extract color of the shirt the user is wearing; and
when a person shown in a second image is determined, based on a feature regarding a face of the person shown in the second image, to not correspond to any of the plurality of preregistered persons, [0128] when the facial features fail to match:
determine, using the feature regarding the clothing of the person shown in the first image and a feature regarding clothing of the person shown in the second image, that the person shown in the second image corresponds to the one of the plurality of preregistered persons to which the person shown in the first image corresponds, wherein the second image is different from the first image, [0128] color of a shirt matching can be used to authenticate the user when facial features fail to match.
As to claim 8, is rejected using the same prior arts as to that of claim 1.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 8, 15-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENYAM HAILE whose telephone number is (571)272-2080. The examiner can normally be reached 7:00 AM - 5:30 PM Mon. - Thur..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at (571)270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Benyam Haile/Primary Examiner, Art Unit 2688
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