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 .
Response to Arguments
Applicant's arguments filed 09/23/2026 have been fully considered but they are not persuasive. Applicant’s arguments will now be addressed:
Applicant argues (Remarks; top of page 9) that “Applicant hereby amends claim 15 in order to recite subject matter that is clearly statutory in nature. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the rejection of claim 15 under 35 USC 101”. However, the Examiner respectfully disagrees. The amendment made to claim 15, is the same amendments made to the other independent claims (1, 13, and 14), however, it still claims “A program causing a computer…”. As discussed in the previous Office Action, claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim, claims a “program” which is non-statutory subject matter. A potential amendment could be to state the computer first such as “A computer with a program stored thereon for performing…”. Another potential option is to cancel the claim. Appropriate correction is required. Thus, the rejection to claim 15 is maintained.
Applicant also argues (Remarks; pages 10-14) that none of the prior art teach the newly added amendments "circuitry configured to acquire a phase difference image acquired by an image plane phase difference sensor, detect a background from the phase difference image, and determine whether or not impersonation has occurred based on a comparison with a focus position of the image plane phase difference sensor in at least a part of the phase difference image including the living body and the background," and specifically that “Applicant respectfully submits that neither Zhou (Zhou et al., CN 108319901 A) nor Ajiki (Ajiki et al., WO 2018181819 A1) provide any teaching or suggestion remotely related to determining whether or not impersonation has occurred based on a comparison with a focus position of an image plane phase difference sensor in at least a part of a phase difference image including a living body and a background, let alone in the particularly claimed manner”. The Examiner respectfully disagrees. Prior art Zhou teaches circuitry (computer device) (p. 1; Abstract) configured to acquire an image acquired by an image sensor (obtaining an image using the mobile terminal) (p. 13; 5th-9th paragraphs), detect a background from the image (detecting the face and the background) (p. 13; 9th paragraph to p. 14; 1st paragraph), and determine whether or not impersonation has occurred (determining if an attack (imposter) is occurring) (p. 14; 1st-3rd paragraphs) based on a comparison in at least a part of the phase difference image including the living body and the background (wherein the mobile terminal acquires an image and determines if the face (living body) and the background within the image are on the same plane (phase). If they are on the same plane then it is determined that an attack is occurring such as a person using a photo.) (p. 13; 5th paragraph to p. 14; 3rd paragraph). Thus, Zhou teaches acquiring an image, that includes a living body (face) and a background, that is used to determine if there is a phase (plane) difference; wherein if there isn’t a difference an imposter (attack) is occurring using a printed and/or electronic photo (p. 13; 5th paragraph to p. 14; 3rd paragraph). The only difference is that Zhou does not explicitly state a “phase” difference, a “phase” difference sensor, or (as newly amended) a comparison with a focus position of the image plane phase difference sensor. However, this is why prior art Ajiki was included in the rejection. Ajiki teaches a facial authentication device (p. 1; Abstract); wherein circuitry (face authentication device) (p. 4; 4th paragraph) configured to acquire a phase difference image acquired by an image plane phase difference sensor (wherein the imaging element 5 has a function of acquiring two-dimensional image data and image plane phase difference information) (p. 4; 5th paragraph), and determine whether or not impersonation has occurred (detecting if impersonation is occurring based on using a photograph) (p. 2; 3rd paragraph and p. 8; 6th and 7th paragraphs) based on a comparison (plane phase difference information) (p. 4; 5th paragraph and p. 5; 1st paragraph) with a focus position of the image plane phase difference sensor (based on the focus position of the image sensor 5; best focus surface of the image optical system 3) (p. 4; 5th paragraph and p. 5; 1st paragraph) in at least a part of the phase difference image including the living body (including the target person’s face) (p. 4; 5th paragraph and p. 5; 1st paragraph). Although, Ajiki does not explicitly state that the “background” is part of the image, Ajiki does state “that the image plane phase difference information of the authentication target person's face may correspond to all the pixels of the two-dimensional image data” (p. 5; 1st paragraph). Thus, the combination of Zhou (which detects a plane difference between a background and face) and Ajiki (which detects plane phase difference using a facial image) teaches all the limitations within the claim language. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou to include an explicit phase difference imaging since it allows for the use of a single image sensor which then the face authentication device can be reduced in size, power consumption, and cost (Ajiki; p. 5, 2nd paragraph); and wherein the face authentication device can prevent impersonation by a photograph and can realize high face authentication accuracy, and further, downsizing, power consumption, cost reduction, high accuracy and high speed of the face authentication process can be realized (Ajiki; p. 8; 7th paragraph).
Claims 1-15 have been amended.
Claim Rejections - 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.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim, claims a “program” which is non-statutory subject matter. A potential amendment could be to state the computer first such as “A computer with a program stored thereon for performing…”. Another potential option is to cancel the claim. Appropriate correction is required.
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 (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.
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.
Claim(s) 1-4, 7, 11, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al., CN 108319901 A (Zhou), and further in view of Ajiki et al., WO 2018181819 A1 (Ajiki).
Regarding claim 1, Zhou teaches an information processing apparatus (living body detection of a human face device) (p. 1; Abstract) for performing non-contact authentication of a living body using an image (living human face detection and authentication) (p. 1; Abstract and p. 11; last paragraph), the information processing apparatus (living body detection of a human face device) (p. 1; Abstract) comprising:
circuitry configured to (computer device) (p. 1; Abstract)
acquire a difference image acquired by an image plane difference sensor (capturing an image using a mobile terminal that determines if the face and background are on the same plane) (p. 13; 5th-9th paragraphs),
detect a background from the difference image (detecting a background area/region from the image) (p. 13; 9th paragraph to p. 14; 1st paragraph), and
determine whether or not impersonation has occurred (determining if an attack (imposter) is happening) (p. 14; 1st-3rd paragraphs) based on a comparison with a focus position of the image plane difference sensor in at least a part of the background (on the basis if the face of the person in the image is on the same plane as the background; realizing that it is an attack such as a 2D printed photo) (p. 14; 1st-3rd paragraphs).
Specifically, prior art Zhou teaches circuitry (computer device) (Abstract) configured to acquire an image acquired by an image sensor (obtaining an image using the mobile terminal) (p. 13; 5th-9th paragraphs), detect a background from the image (detecting the face and the background) (p. 13; 9th paragraph to p. 14; 1st paragraph), and determine whether or not impersonation has occurred (determining if an attack (imposter) is occurring) (p. 14; 1st-3rd paragraphs) based on a comparison in at least a part of the phase difference image including the living body and the background (wherein the mobile terminal acquires an image and determines if the face (living body) and the background within the image are on the same plane (phase). If they are on the same plane then it is determined that an attack is occurring such as a person using a photo.) (p. 13; 5th paragraph to p. 14; 3rd paragraph).
Thus, Zhou teaches acquiring an image, that includes a living body (face) and a background, that is used to determine if there is a phase (plane) difference; wherein if there isn’t a difference an imposter (attack) is occurring using a printed and/or electronic photo (p. 13; 5th paragraph to p. 14; 3rd paragraph).
However, Zhou does not explicitly state a “phase” difference, a “phase” difference sensor, or a comparison with a focus position of the image plane phase difference sensor.
Ajiki teaches a facial authentication device (p. 1; Abstract); wherein circuitry (face authentication device) (p. 4; 4th paragraph) configured to acquire a phase difference image acquired by an image plane phase difference sensor (wherein the imaging element 5 has a function of acquiring two-dimensional image data and image plane phase difference information) (p. 4; 5th paragraph), and determine whether or not impersonation has occurred (detecting if impersonation is occurring based on using a photograph) (p. 2; 3rd paragraph and p. 8; 6th and 7th paragraphs) based on a comparison (plane phase difference information) (p. 4; 5th paragraph and p. 5; 1st paragraph) with a focus position of the image plane phase difference sensor (based on the focus position of the image sensor 5; best focus surface of the image optical system 3) (p. 4; 5th paragraph and p. 5; 1st paragraph) in at least a part of the phase difference image including the living body (including the target person’s face) (p. 4; 5th paragraph and p. 5; 1st paragraph). Although, Ajiki does not explicitly state that the “background” is part of the image, Ajiki does state “that the image plane phase difference information of the authentication target person's face may correspond to all the pixels of the two-dimensional image data” (p. 5; 1st paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou to include an explicit phase difference imaging since it allows for the use of a single image sensor which then the face authentication device can be reduced in size, power consumption, and cost (Ajiki; p. 5, 2nd paragraph); and wherein the face authentication device can prevent impersonation by a photograph and can realize high face authentication accuracy, and further, downsizing, power consumption, cost reduction, high accuracy and high speed of the face authentication process can be realized (Ajiki; p. 8; 7th paragraph).
Regarding claim 2, Zhou teaches wherein the circuitry determines that impersonation has occurred when determining that at least a part of the background is same as the focus position of the image plane difference sensor or is closer to the image plane difference sensor with respect to the focus position (determining if an attack (imposter) is happening on the basis if the face of the person in the image is on the same plane as the background; realizing that it is an attack such as a 2D printed photo) (p. 14; 1st-3rd paragraphs).
Although Zhou teaches the difference between planes (phases) of the background and a face (p. 14; 1st-3rd paragraphs), Zhou does not explicitly teach a “phase difference” image or a “phase difference” sensor.
Ajiki teaches a facial authentical device (p. 1; Abstract); wherein the imaging element has a function of acquiring two-dimensional image data and image plane phase difference information of the authentication target person's face (p. 4; 5th paragraph); and wherein the image plane phase difference information of the authentication target person's face is the distance in the depth direction from the best focus surface of the imaging optical system 3 of each part of the authentication target person's face (p. 5; 1st paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou to include an explicit phase difference imaging since it allows for the use of a single image sensor which then the face authentication device can be reduced in size, power consumption, and cost (Ajiki; p. 5, 2nd paragraph).
Regarding claim 3, Zhou teaches wherein the circuitry acquires a first difference image and a second difference image as the difference image (wherein multiple plane verification images can be taken, for the difference in planes) (p. 14; 3rd paragraph), and determines whether or not at least a part of the background is same as the focus position or closer to the image plane difference sensor with respect to the focus position according to a deviation between the background in the first difference image and the background in the second difference image (wherein using the multiple background images are on the same plane based on the homography matrix created based on the multiple images taken) (p. 14; 3rd paragraph).
Although Zhou teaches the difference between planes (phases) of the background and a face (p. 14; 1st-3rd paragraphs), Zhou does not explicitly teach a “phase difference” image or a “phase difference” sensor.
Ajiki teaches a facial authentical device (p. 1; Abstract); wherein the imaging element has a function of acquiring two-dimensional image data and image plane phase difference information of the authentication target person's face (p. 4; 5th paragraph); and wherein the image plane phase difference information of the authentication target person's face is the distance in the depth direction from the best focus surface of the imaging optical system 3 of each part of the authentication target person's face (p. 5; 1st paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou to include an explicit phase difference imaging since it allows for the use of a single image sensor which then the face authentication device can be reduced in size, power consumption, and cost (Ajiki; p. 5, 2nd paragraph).
Regarding claim 4, Zhou teaches wherein the circuitry is further configured to divide the background of the first difference image into a plurality of first regions (selecting a certain proportion of the surrounding area as background area for plane verification; wherein the other part not selected of the background is another region) (p. 14; 2nd paragraph), and determine whether or not the background of the first region is same as the focus position or is closer to the image plane difference sensor with respect to the focus position according to a distance between the first region and a second region of the second difference image corresponding to the first region (using the multiple face and background images to determine if there is a difference (plane verification) based on a homography matrix) (p. 14; 3rd paragraph).
Although Zhou teaches the difference between planes (phases) of the background and a face (p. 14; 1st-3rd paragraphs), Zhou does not explicitly teach a “phase difference” image or a “phase difference” sensor.
Ajiki teaches a facial authentical device (p. 1; Abstract); wherein the imaging element has a function of acquiring two-dimensional image data and image plane phase difference information of the authentication target person's face (p. 4; 5th paragraph); and wherein the image plane phase difference information of the authentication target person's face is the distance in the depth direction from the best focus surface of the imaging optical system 3 of each part of the authentication target person's face (p. 5; 1st paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou to include an explicit phase difference imaging since it allows for the use of a single image sensor which then the face authentication device can be reduced in size, power consumption, and cost (Ajiki; p. 5, 2nd paragraph).
Regarding claim 7, Zhou teaches wherein in a case where background information is included in the background of the difference image (detecting a background area/region from the image) (p. 13; 9th paragraph to p. 14; 1st paragraph), the circuitry determines whether or not a region including the background information (detecting a background area/region from the image) (p. 13; 9th paragraph to p. 14; 1st paragraph) is same as the focus position or is closer to the image plane difference sensor with respect to the focus position (on the basis if the face of the person in the image is on the same plane as the background; realizing that it is an attack such as a 2D printed photo) (p. 14; 1st-3rd paragraphs).
Although Zhou teaches the difference between planes (phases) of the background and a face (p. 14; 1st-3rd paragraphs), Zhou does not explicitly teach a “phase difference” image or a “phase difference” sensor.
Ajiki teaches a facial authentical device (p. 1; Abstract); wherein the imaging element has a function of acquiring two-dimensional image data and image plane phase difference information of the authentication target person's face (p. 4; 5th paragraph); and wherein the image plane phase difference information of the authentication target person's face is the distance in the depth direction from the best focus surface of the imaging optical system 3 of each part of the authentication target person's face (p. 5; 1st paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou to include an explicit phase difference imaging since it allows for the use of a single image sensor which then the face authentication device can be reduced in size, power consumption, and cost (Ajiki; p. 5, 2nd paragraph).
Regarding claim 11, Ajiki teaches wherein the circuitry is further configured to instruct a drive unit to drive a lens of the image plane phase difference sensor (wherein the imaging element has a function of acquiring two-dimensional image data and image plane phase difference information of the authentication target person's face) (p. 4; 5th paragraph) so as to focus on the living body (autofocus function that drives a focus lens on the target person’s face) (p. 4; 2nd and 3rd paragraphs), and acquire the phase difference image focused on the living body from the image plane phase difference sensor (wherein the imaging element has a function of acquiring two-dimensional image data and image plane phase difference information of the authentication target person's face) (p. 4; 5th paragraph).
Regarding claim 13, Zhou teaches an information processing system (living body detection of a human face computer device/system) (p. 1; Abstract) that performs non-contact authentication of a living body using an image (living human face detection and authentication) (p. 1; Abstract and p. 11; last paragraph), the information processing system (living body detection of a human face computer device/system) (p. 1; Abstract) comprising:
an image plane difference sensor that generates a difference image of the living body (capturing an image using a mobile terminal that determines if the face and background are on the same plane) (p. 13; 5th-9th paragraphs); and
an information processing apparatus (living body detection of a human face device) (p. 1; Abstract) that determines whether or not the living body impersonates (determining if an attack (imposter) is happening) (p. 14; 1st-3rd paragraphs), wherein the information processing apparatus (living body detection of a human face device) (p. 1; Abstract) includes a control unit that detects a background from the difference image (capturing an image using a mobile terminal that determines if the face and background are on the same plane) (p. 13; 5th-9th paragraphs), and determines whether or not impersonation has occurred (determining if an attack (imposter) is happening) (p. 14; 1st-3rd paragraphs) on a basis of a comparison with a focus position of the image plane difference sensor in at least a part of the background (on the basis if the face of the person in the image is on the same plane as the background; realizing that it is an attack such as a 2D printed photo) (p. 14; 1st-3rd paragraphs) (selecting a certain proportion of the surrounding area as background area for plane verification; wherein the other part not selected of the background is another region) (p. 14; 2nd paragraph).
Specifically, prior art Zhou teaches circuitry (computer device) (Abstract) configured to acquire an image acquired by an image sensor (obtaining an image using the mobile terminal) (p. 13; 5th-9th paragraphs), detect a background from the image (detecting the face and the background) (p. 13; 9th paragraph to p. 14; 1st paragraph), and determine whether or not impersonation has occurred (determining if an attack (imposter) is occurring) (p. 14; 1st-3rd paragraphs) based on a comparison in at least a part of the phase difference image including the living body and the background (wherein the mobile terminal acquires an image and determines if the face (living body) and the background within the image are on the same plane (phase). If they are on the same plane then it is determined that an attack is occurring such as a person using a photo.) (p. 13; 5th paragraph to p. 14; 3rd paragraph).
Thus, Zhou teaches acquiring an image, that includes a living body (face) and a background, that is used to determine if there is a phase (plane) difference; wherein if there isn’t a difference an imposter (attack) is occurring using a printed and/or electronic photo (p. 13; 5th paragraph to p. 14; 3rd paragraph).
However, Zhou does not explicitly state a “phase” difference, a “phase” difference sensor, or a comparison with a focus position of the image plane phase difference sensor.
Ajiki teaches a facial authentication device (p. 1; Abstract); wherein circuitry (face authentication device) (p. 4; 4th paragraph) configured to acquire a phase difference image acquired by an image plane phase difference sensor (wherein the imaging element 5 has a function of acquiring two-dimensional image data and image plane phase difference information) (p. 4; 5th paragraph), and determine whether or not impersonation has occurred (detecting if impersonation is occurring based on using a photograph) (p. 2; 3rd paragraph and p. 8; 6th and 7th paragraphs) based on a comparison (plane phase difference information) (p. 4; 5th paragraph and p. 5; 1st paragraph) with a focus position of the image plane phase difference sensor (based on the focus position of the image sensor 5; best focus surface of the image optical system 3) (p. 4; 5th paragraph and p. 5; 1st paragraph) in at least a part of the phase difference image including the living body (including the target person’s face) (p. 4; 5th paragraph and p. 5; 1st paragraph). Although, Ajiki does not explicitly state that the “background” is part of the image, Ajiki does state “that the image plane phase difference information of the authentication target person's face may correspond to all the pixels of the two-dimensional image data” (p. 5; 1st paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou to include an explicit phase difference imaging since it allows for the use of a single image sensor which then the face authentication device can be reduced in size, power consumption, and cost (Ajiki; p. 5, 2nd paragraph); and wherein the face authentication device can prevent impersonation by a photograph and can realize high face authentication accuracy, and further, downsizing, power consumption, cost reduction, high accuracy and high speed of the face authentication process can be realized (Ajiki; p. 8; 7th paragraph).
Regarding claim 14, Zhou teaches an information processing method executed by a processor (a method for living body detection of a human face using a computer device) (p. 1; Abstract) when performing non-contact authentication of a living body using an image (living human face detection and authentication) (p. 1; Abstract and p. 11; last paragraph), the information processing method (a method for living body detection of a human face using a computer device) (p. 1; Abstract) comprising:
acquiring a difference image acquired by an image plane difference sensor (capturing an image using a mobile terminal that determines if the face and background are on the same plane) (p. 13; 5th-9th paragraphs);
detecting a background from the difference image (detecting a background area/region from the image) (p. 13; 9th paragraph to p. 14; 1st paragraph); and
determining whether or not impersonation has occurred (determining if an attack (imposter) is happening) (p. 14; 1st-3rd paragraphs) on a basis of a comparison with a focus position of the image plane difference sensor in at least a part of the background (on the basis if the face of the person in the image is on the same plane as the background; realizing that it is an attack such as a 2D printed photo) (p. 14; 1st-3rd paragraphs).
Specifically, prior art Zhou teaches circuitry (computer device) (Abstract) configured to acquire an image acquired by an image sensor (obtaining an image using the mobile terminal) (p. 13; 5th-9th paragraphs), detect a background from the image (detecting the face and the background) (p. 13; 9th paragraph to p. 14; 1st paragraph), and determine whether or not impersonation has occurred (determining if an attack (imposter) is occurring) (p. 14; 1st-3rd paragraphs) based on a comparison in at least a part of the phase difference image including the living body and the background (wherein the mobile terminal acquires an image and determines if the face (living body) and the background within the image are on the same plane (phase). If they are on the same plane then it is determined that an attack is occurring such as a person using a photo.) (p. 13; 5th paragraph to p. 14; 3rd paragraph).
Thus, Zhou teaches acquiring an image, that includes a living body (face) and a background, that is used to determine if there is a phase (plane) difference; wherein if there isn’t a difference an imposter (attack) is occurring using a printed and/or electronic photo (p. 13; 5th paragraph to p. 14; 3rd paragraph).
However, Zhou does not explicitly state a “phase” difference, a “phase” difference sensor, or a comparison with a focus position of the image plane phase difference sensor.
Ajiki teaches a facial authentication device (p. 1; Abstract); wherein circuitry (face authentication device) (p. 4; 4th paragraph) configured to acquire a phase difference image acquired by an image plane phase difference sensor (wherein the imaging element 5 has a function of acquiring two-dimensional image data and image plane phase difference information) (p. 4; 5th paragraph), and determine whether or not impersonation has occurred (detecting if impersonation is occurring based on using a photograph) (p. 2; 3rd paragraph and p. 8; 6th and 7th paragraphs) based on a comparison (plane phase difference information) (p. 4; 5th paragraph and p. 5; 1st paragraph) with a focus position of the image plane phase difference sensor (based on the focus position of the image sensor 5; best focus surface of the image optical system 3) (p. 4; 5th paragraph and p. 5; 1st paragraph) in at least a part of the phase difference image including the living body (including the target person’s face) (p. 4; 5th paragraph and p. 5; 1st paragraph). Although, Ajiki does not explicitly state that the “background” is part of the image, Ajiki does state “that the image plane phase difference information of the authentication target person's face may correspond to all the pixels of the two-dimensional image data” (p. 5; 1st paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou to include an explicit phase difference imaging since it allows for the use of a single image sensor which then the face authentication device can be reduced in size, power consumption, and cost (Ajiki; p. 5, 2nd paragraph); and wherein the face authentication device can prevent impersonation by a photograph and can realize high face authentication accuracy, and further, downsizing, power consumption, cost reduction, high accuracy and high speed of the face authentication process can be realized (Ajiki; p. 8; 7th paragraph).
Regarding claim 15, Zhou teaches a program causing a computer (computer program executed by a processor) (p. 14; 4th paragraph) when performing non-contact authentication of a living body using an image (living human face detection and authentication) (p. 1; Abstract and p. 11; last paragraph) to execute (computer program executed by a processor) (p. 14; 4th paragraph):
acquiring a difference image acquired by an image plane difference sensor (capturing an image using a mobile terminal that determines if the face and background are on the same plane) (p. 13; 5th-9th paragraphs);
detecting a background from the difference image (detecting a background area/region from the image) (p. 13; 9th paragraph to p. 14; 1st paragraph); and
determining whether or not impersonation has occurred (determining if an attack (imposter) is happening) (p. 14; 1st-3rd paragraphs) on a basis of a comparison with a focus position of the image plane difference sensor in at least a part of the background (on the basis if the face of the person in the image is on the same plane as the background; realizing that it is an attack such as a 2D printed photo) (p. 14; 1st-3rd paragraphs).
Specifically, prior art Zhou teaches circuitry (computer device) (Abstract) configured to acquire an image acquired by an image sensor (obtaining an image using the mobile terminal) (p. 13; 5th-9th paragraphs), detect a background from the image (detecting the face and the background) (p. 13; 9th paragraph to p. 14; 1st paragraph), and determine whether or not impersonation has occurred (determining if an attack (imposter) is occurring) (p. 14; 1st-3rd paragraphs) based on a comparison in at least a part of the phase difference image including the living body and the background (wherein the mobile terminal acquires an image and determines if the face (living body) and the background within the image are on the same plane (phase). If they are on the same plane then it is determined that an attack is occurring such as a person using a photo.) (p. 13; 5th paragraph to p. 14; 3rd paragraph).
Thus, Zhou teaches acquiring an image, that includes a living body (face) and a background, that is used to determine if there is a phase (plane) difference; wherein if there isn’t a difference an imposter (attack) is occurring using a printed and/or electronic photo (p. 13; 5th paragraph to p. 14; 3rd paragraph).
However, Zhou does not explicitly state a “phase” difference, a “phase” difference sensor, or a comparison with a focus position of the image plane phase difference sensor.
Ajiki teaches a facial authentication device (p. 1; Abstract); wherein circuitry (face authentication device) (p. 4; 4th paragraph) configured to acquire a phase difference image acquired by an image plane phase difference sensor (wherein the imaging element 5 has a function of acquiring two-dimensional image data and image plane phase difference information) (p. 4; 5th paragraph), and determine whether or not impersonation has occurred (detecting if impersonation is occurring based on using a photograph) (p. 2; 3rd paragraph and p. 8; 6th and 7th paragraphs) based on a comparison (plane phase difference information) (p. 4; 5th paragraph and p. 5; 1st paragraph) with a focus position of the image plane phase difference sensor (based on the focus position of the image sensor 5; best focus surface of the image optical system 3) (p. 4; 5th paragraph and p. 5; 1st paragraph) in at least a part of the phase difference image including the living body (including the target person’s face) (p. 4; 5th paragraph and p. 5; 1st paragraph). Although, Ajiki does not explicitly state that the “background” is part of the image, Ajiki does state “that the image plane phase difference information of the authentication target person's face may correspond to all the pixels of the two-dimensional image data” (p. 5; 1st paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou to include an explicit phase difference imaging since it allows for the use of a single image sensor which then the face authentication device can be reduced in size, power consumption, and cost (Ajiki; p. 5, 2nd paragraph); and wherein the face authentication device can prevent impersonation by a photograph and can realize high face authentication accuracy, and further, downsizing, power consumption, cost reduction, high accuracy and high speed of the face authentication process can be realized (Ajiki; p. 8; 7th paragraph).
Claim(s) 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al., CN 108319901 A (Zhou), Ajiki et al., WO 2018181819 A1 (Ajiki), and further in view of Tamura, US 2022/0245979 A1 (Tamura).
Regarding claim 5, Zhou teaches wherein the circuitry determines that impersonation (determining if an attack (imposter) is happening) (p. 14; 1st-3rd paragraphs) has not occurred in a difference image (on the basis if the face of the person in the image is not on the same plane as the background; realizing that it is the real human face and the environment is three-dimensional) (p. 14; 1st-3rd paragraphs). Ajiki teaches a facial authentical device (p. 1; Abstract); wherein the imaging element has a function of acquiring two-dimensional image data and image plane phase difference information of the authentication target person's face (p. 4; 5th paragraph).
However, neither explicitly teaches determining if the background information is insufficient and thus impersonation has not occurred.
Tamura teaches facial recognition that the person is a pass-authorized person (Abstract); and wherein if the background information is insufficient (i.e. due to outside light and erroneously determined, thus no info about the actual background) ([0034]) that impersonation has not occurred (false determination and thus impersonation has not occurred) ([0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of prior arts to include detecting if the background information is insufficient since it allows for facial image authentication (Tamura; Abstract) while achieving both convenience and maintain a security level (Tamura; [0012]).
Regarding claim 6, Zhou teaches wherein the circuitry determines that impersonation (determining if an attack (imposter) is happening) (p. 14; 1st-3rd paragraphs) has occurred in a difference image (on the basis if the face of the person in the image is on the same plane as the background; realizing that it is an attack such as a 2D printed photo) (p. 14; 1st-3rd paragraphs). Ajiki teaches a facial authentical device (p. 1; Abstract); wherein the imaging element has a function of acquiring two-dimensional image data and image plane phase difference information of the authentication target person's face (p. 4; 5th paragraph).
However, neither explicitly teaches determining if the background information is insufficient and thus impersonation has occurred.
Tamura teaches facial recognition that the person is a pass-authorized person (Abstract); and wherein if the background information is insufficient (i.e. high luminance region; thus, no info about the actual background) ([0033]) that impersonation has occurred (impersonation is performed) ([0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of prior arts to include detecting if the background information is insufficient since it allows for facial image authentication (Tamura; Abstract) while achieving both convenience and maintain a security level (Tamura; [0012]).
Claim(s) 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al., CN 108319901 A (Zhou), Ajiki et al., WO 2018181819 A1 (Ajiki), and further in view of Kato et al., US 2020/0143186 A1 (Kato).
Regarding claim 8, Zhou teaches wherein the circuitry is further configured with face area for a user so that the difference image includes the living body and the background (detecting the preset area of the human face to be tested is located in the display screen of the mobile terminal) (p. 13; step 300) (using the face feature point detection algorithm may locate the human face position to be detected under the different visual images, based on the square, as the face area, then selecting a certain proportion of the surrounding area as background area for plane verification) (p. 14; 2nd paragraph). Ajiki teaches a facial authentical device (p. 1; Abstract); wherein the imaging element has a function of acquiring two-dimensional image data and image plane phase difference information of the authentication target person's face (p. 4; 5th paragraph).
However, neither explicitly teaches to “guide” a user.
Kato teaches face authentication for a user ([0026]); and wherein the information provide unit provides guidance information to the user ([0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of prior arts to include providing guidance information to the user since it allows for successful acquisition of the predefined number of face images by the face image acquisition unit for face authentication (Kato; [0047]).
Regarding claim 9, Kato teaches wherein the circuitry is further configured to notify a user to change the background (notifying the user to change the environment they are in because the background is too dark or too bright) ([0048], [0050-0051]).
Regarding claim 10, Kato teaches wherein the circuitry is further configured to guide the user so that a part of the user other than the living body used for the authentication is included in the background (wherein the user can be guided to move either closer or further away; thus, by moving further away adding addition parts of the user) ([0052]).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al., CN 108319901 A (Zhou), Ajiki et al., WO 2018181819 A1 (Ajiki), and further in view of Ebihara, US 2021/0034894 A1 (Ebihara).
Regarding claim 12, Zhou teaches determining if an attack (imposter) is happening (p. 14; 1st-3rd paragraphs). Ajiki teaches facial authentication (Abstract).
However, neither explicitly teaches “wherein the circuitry does not perform the authentication of the living body when determining that impersonation has occurred”.
Ebihara teaches a spoofing detection apparatus (Abstract); such as if a two-dimensional shape as the feature value appears, it is determined that the captured face is a fake face shown in a photograph or on a display ([0046]); and wherein the circuitry does not perform the authentication of the living body when determining that impersonation has occurred (if the detection result does not indicate a real human, the apparatus stops authentication processing) ([0082]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of prior arts to include stopping authentication since it saves processing time and power.
Conclusion
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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/MICHAEL J VANCHY JR/Primary Examiner, Art Unit 2666 Michael.Vanchy@uspto.gov
