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 with respect to claim(s) 1-10 have been considered but are not persuasive.
Applicant argues that the prior art fails to teach “specify one or more databases storing second biometric information corresponding to the first biometric information based on the identifier of the class, the one or more databases including the database”…”perform authentication using the second biometric information stored in the one or more specified databases”
Examiner argues that while Applicant has narrowed the claim limitations with this amendment, the claims have not been limited to the degree to overcome Hoyos US 2016/0117544.
Examiner argues that inherently Hoyos must do this because Hoyos teaches a successful authentication method. Hoyos teaches identification of biometric authentication information and registration of that information. Hoyos teaches submitting an authentication request and getting authenticated using said biometric data by comparing to biometric data from an authentication database, therefore the database is inherently “specified”. If Hoyos could not retrieve the correct biometric authentication information then Hoyos would not be able to function. Hoyos clearly teaches classification of biometric information [0141]. Hoyos teaches authentication against a database of stored biometrics [0083]
Examiner has added Fukuda US 2017/0374966 in an attempt to expedite prosecution. Fukuda merely supplements the teaching of Hoyos and merely shows storage and retrieval of multiple classes of biometric authentication information from a specified database in order to successfully authentication a user [0043]-[0047].
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoyos US 2016/0117544 in view of Fukuda US 2017/0374066.
[Claim 1] Hoyos teaches (Currently Amended) An authentication device connected to a database that corresponds to an identifier of a class of first biometric information subjected to classification and that stores therein second biometric information of a person of the first biometric information, comprising: at least one memory configured to store instructions; and at least one processor configured to execute the instructions to: specify, among the first biometric information and the second biometric information of a person included in one image, the identifier of the class obtained by classification of the first biometric information; and perform authentication using second biometric information stored in the one or more specified databases and second biometric information included in the image.[0082] [0083][0048][0141] (teaches enrollment and processing authentication of a user based on biometric authentication where the authentication is of facial features including identification and classification of an iris)
Hoyos teaches classification of the first biometric information. Hoyos teaches specify one or more databases storing second biometric information corresponding to the first biometric information based on the identifier of the class, the one or more databases including the database. [0083][0048][0141] (segmentation of biometric identifiers and retrieval from an identified biometric database in order to perform authentication)
Fukuda supplementally teaches classification of the first biometric information. Hoyos teaches specify one or more databases storing second biometric information corresponding to the first biometric information based on the identifier of the class, the one or more databases including the database. [0043]-[0047] [0059][0060] (segmentation of biometric identifiers stored in an identified biometric database in order to perform authentication)
It would have been obvious to one of ordinary skill in the art before the priority date of the instant application to use the database of Fukuda with the prior art because identification of the database is needed in order to successfully compete biometric authentication.
[Claim 2] Hoyos teaches (Original) The authentication device according to claim 1, wherein the first biometric information is iris information of an eye. [0082] [0083][0048][0141] (teaches enrollment and processing authentication of a user based on biometric authentication where the authentication is of facial features including identification and classification of an iris)
[Claim 3] Hoyos teaches (Currently Amended) The authentication device according to claim 1, wherein the first biometric information is iris information of a left eye and a right eye, respectively.[0082] [0083][0048][0141] (teaches enrollment and processing authentication of a user based on biometric authentication where the authentication is of facial features including identification and classification of an iris, including specifying a left and right eye)
[Claim 4] Hoyos teaches (Currently Amended)The authentication device according to claim 1,wherein the at least one processor is configured to execute the instructions to classify the first biometric information into a class and register the second biometric information of the person of the first biometric information in the database that corresponds to the identifier of the class of the first biometric information. .[0082] [0083][0048][0141] (teaches enrollment and processing authentication of a user in a database based on biometric authentication where the authentication is of facial features including identification and classification of an iris)
[Claim 5] Hoyos teaches (Currently Amended) The authentication device according to claim 4, wherein the at least one processor is configured to execute the instructions to classify the iris information for each of the left eye and the right eye, which is the first biometric information, into a class and reqister the second biometric information of the person of the first biometric information in the database that corresponds to the identifier of the class of the iris information of the left eye and the identifier of the class of the iris information of the right eye. [0141] (classifying each iris from a facial image or capture each iris individually)
[Claim 6] Hoyos teaches (Currently Amended) The authentication device according to claim 5, wherein the at least one processor is configured to execute the instructions to register the second biometric information of the person of the first biometric information in all databases specified by all the identifiers of the class relating to the left eye, in a case where only the identifier of the class obtained by classification of the iris information of the left eye can be specified, the iris information of the left eye being the second biometric information. [0141] (classifying each iris from a facial image or capture each iris individually, including specifying left or right)
[Claim 7] Hoyos teaches (Currently Amended) The authentication device according to claim 5 wherein the at least one processor is configured to execute the instructions to register the second biometric information of the person of the first biometric information in all databases specified by all the identifiers of the class relating to the right eye, in a case where only the identifier of the class obtained by classification of the iris information of the right eyecan be specified, the iris information of the right eye being the second biometric information. [0141](classifying each iris from a facial image or capture each iris individually, including specifying left or right)
[Claim 8] Hoyos teaches (Currently Amended) The authentication device according to claim 1 wherein the second biometric information is feature information of a face in the image. .[0082] [0083][0048][0141] (teaches enrollment and processing authentication of a user based on biometric authentication where the authentication is of facial features including identification and classification of an iris)
[Claim 9] Hoyos teaches (Currently Amended) An authentication method, by an authentication device that is connected to a database that corresponds to an identifier of a class of first biometric information subjected to classification and that stores therein second biometric information of a person of the first biometric information, comprising: specifying, among the first biometric information and the second biometric information of a person included in one image, the identifier of the class obtained by classification of the first biometric information; and performing authentication using second biometric information stored in the one or more specified databases and second biometric information included in the image.[0082] [0083][0048][0141] (teaches enrollment and processing authentication of a user based on biometric authentication where the authentication is of facial features including identification and classification of an iris)
Hoyos teaches classification of the first biometric information. Hoyos teaches specify one or more databases storing second biometric information corresponding to the first biometric information based on the identifier of the class, the one or more databases including the database. [0083][0048][0141] (segmentation of biometric identifiers and retrieval from an identified biometric database in order to perform authentication)
Fukuda supplementally teaches classification of the first biometric information. Hoyos teaches specify one or more databases storing second biometric information corresponding to the first biometric information based on the identifier of the class, the one or more databases including the database. [0043]-[0047] [0059][0060] (segmentation of biometric identifiers stored in an identified biometric database in order to perform authentication)
It would have been obvious to one of ordinary skill in the art before the priority date of the instant application to use the database of Fukuda with the prior art because identification of the database is needed in order to successfully compete biometric authentication.
[Claim 10] Hoyos teaches (Currently Amended) Anon-transitory storage medium storing a program that causes a computer of an authentication device that is connected to a database that corresponds to an identifier of a class of first biometric information subjected to classification and that stores therein second biometric information of a person of the first biometric information to execute specifying, among the first biometric information and the second biometric information of a person included in one image, the identifier of the class obtained by classification of the first biometric information; and performing authentication using second biometric information stored in the one or more specified database second biometric information included in the image. [0082] [0083][0048][0141] (teaches enrollment and processing authentication of a user based on biometric authentication where the authentication is of facial features including identification and classification of an iris)
Hoyos teaches classification of the first biometric information. Hoyos teaches specify one or more databases storing second biometric information corresponding to the first biometric information based on the identifier of the class, the one or more databases including the database. [0083][0048][0141] (segmentation of biometric identifiers and retrieval from an identified biometric database in order to perform authentication)
Fukuda supplementally teaches classification of the first biometric information. Hoyos teaches specify one or more databases storing second biometric information corresponding to the first biometric information based on the identifier of the class, the one or more databases including the database. [0043]-[0047] [0059][0060] (segmentation of biometric identifiers stored in an identified biometric database in order to perform authentication)
It would have been obvious to one of ordinary skill in the art before the priority date of the instant application to use the database of Fukuda with the prior art because identification of the database is needed in order to successfully compete biometric authentication.
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 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.
33Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER BROWN whose telephone number is (571)272-3833. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luu Pham can be reached at (571) 270-5002. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J BROWN/Primary Examiner, Art Unit 2439
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