Prosecution Insights
Last updated: July 17, 2026
Application No. 18/851,218

INFORMATION PROCESSING SYSTEM, INFORMATION PROCESSING METHOD AND NON-TRANSITORY RECORDING MEDIUM

Final Rejection §102§103§112
Filed
Sep 26, 2024
Priority
Sep 26, 2022 — nonprovisional of PCTJP2022035744
Examiner
MAI, KEVIN S
Art Unit
2499
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
2 (Final)
30%
Grant Probability
At Risk
3-4
OA Rounds
2y 10m
Est. Remaining
55%
With Interview

Examiner Intelligence

Grants only 30% of cases
30%
Career Allowance Rate
128 granted / 432 resolved
-28.4% vs TC avg
Strong +26% interview lift
Without
With
+25.7%
Interview Lift
resolved cases with interview
Typical timeline
4y 8m
Avg Prosecution
36 currently pending
Career history
474
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
95.8%
+55.8% vs TC avg
§102
3.1%
-36.9% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 432 resolved cases

Office Action

§102 §103 §112
CTFR 18/851,218 CTFR 84401 DETAILED ACTION This Office Action has been issued in response to Applicant's Amendments filed March 16, 2026. Claims 1, 3-11, 16-20 have been amended. Claim 21 has been added. Claim 2 has been cancelled. Claims 1 and 3-21 have been examined and are pending. 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. Response to Arguments 07-37 AIA Applicant's arguments filed March 16, 2026 have been fully considered but they are not persuasive. Applicant argues Kubota does not disclose the claimed invention because the claim combines a facial image with pre-registered biometric information. As understood by the examiner the biometric information is a facial image. For example, claim 3 recites “wherein the biometric information is a face image.” Accordingly, applicants recitation of paragraph [0029] of Kubota appears to map cleanly to biometric information registered in advance . Claim Rejections - 35 USC § 112 In view of applicant’s amendment the pending claim rejection under 35 USC § 112 has been withdrawn. 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 1, 3-7 and 9-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Pub. No. 2023/0076910 to Kubota et al. (hereinafter “Kubota”) . As to Claim 1, Kubota discloses an information processing system comprising: at least one memory configured to store instructions; and at least one processor configured to execute the instructions to: acquire a first image in which a first region including at least a part of a first area, which is adjacent to a second area via a gate, is imaged (Paragraph [0007] of Kubota discloses a system used in a gate provided with a regulator that regulates a stream of people. A first camera that takes an image of a first area in a stream of people from the first area to a second area located upstream of the regulator) ; authenticate a person included in the first image by verifying the biometric information of the person included in the first image with biometric information registered in advance; (Paragraph [0007] of Kubota discloses a first verification apparatus that carries out first facial image verification using a first image taken by the first camera) ; temporarily store the biometric information of the person included in the first image as temporary biometric information in a determination information storing means in response to an authentication result (Paragraph [0007] of Kubota discloses a second verification apparatus that carries out second facial image verification using a first candidate facial image narrowed down by a result of the first facial image verification and the second image taken by the second camera. Paragraph [0071] of Kubota discloses the information may be deleted upon detection of exit of the person corresponding to the information from the closed space) ; acquire a second image in which a second region, which includes at least a part of the first area, is imaged (Paragraph [0007] of Kubota discloses a second camera that takes an image of the second area a second camera that takes an image of the second area. Paragraph [0051] of Kubota discloses at least a part of the image-taking range of each camera 1 may overlap) ; determine whether or not a person included in the second image is a person who has succeeded in authentication by verifying biometric information of the person included in the second image with the temporary biometric information temporarily stored in the determination information storing means (Paragraph [0007] of Kubota discloses a second verification apparatus that carries out second facial image verification using a first candidate facial image narrowed down by a result of the first facial image verification and the second image taken by the second camera) ; and control opening and closing of the gate in response to a determination result (Paragraph [0028] of Kubota discloses the gate is opened for a person allowed by the face authentication) . As to Claim 3, Kubota discloses the information processing system according to claim 1, wherein the biometric information is a face image (Paragraph [0007] of Kubota discloses a first verification apparatus that carries out first facial image verification using a first image taken by the first camera) . As to Claim 4, Kubota discloses the information processing system according to claim 1, wherein the at least one processor is configured to execute the instructions to: notify that authentication is not succeeded when it is determined that the corresponding person is a person who does not succeed authentication (Paragraph [0028] of Kubota discloses the gate is closed for a person whose face authentication failed) . As to Claim 5, Kubota discloses the information processing system according to claim 1, wherein the at least one processor is configured to execute the instructions to delete the temporary biometric information of a corresponding person temporarily stored in the determination information storing means when open control for the gate is performed and the corresponding person passes through the gate (Paragraph [0071] of Kubota discloses the information may be deleted upon detection of exit of the person corresponding to the information from the closed space) . As to Claim 6, Kubota discloses the information processing system according to claim 1, wherein a threshold value of verification by using the first image is large comparing with a threshold value of verification by using the second image (Paragraph [0120] of Kubota discloses verification apparatus 21 may buffer the facial images corresponding to scores greater than a second threshold value greater than the first threshold value among the scores calculated for each of the facial images included in verification candidate list ML to verification candidate list SL) . As to Claim 7, Kubota discloses the information processing system according to claim 1, further comprising: a first imaging means for imaging the first region and generating the first image, wherein the first imaging means is placed in the second area (Figure 4 of Kubota discloses cameras imaging the first region) ; and a second imaging means for imaging the second region and generating the second image, wherein the second imaging means is placed at the gate or near the gate (Figure 4 of Kubota discloses cameras imaging the second region) . As to Claim 9, Kubota discloses the information processing system according to claim 1, wherein the information processing system comprises an information processing apparatus and an authenticating apparatus, the information processing apparatus comprises at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: acquire the first image in which the first region including at least a part of the first area, which is adjacent to the second area via the gate, is imaged (Paragraph [0007] of Kubota discloses a system used in a gate provided with a regulator that regulates a stream of people. A first camera that takes an image of a first area in a stream of people from the first area to a second area located upstream of the regulator) , register biometric information of the person included in the first image in the determination information storing means in response to the authentication result (Paragraph [0007] of Kubota discloses a first verification apparatus that carries out first facial image verification using a first image taken by the first camera) , acquire the second image in which the second region, which includes at least a part of the first area, is imaged (Paragraph [0007] of Kubota discloses a second camera that takes an image of the second area a second camera that takes an image of the second area. Paragraph [0051] of Kubota discloses at least a part of the image-taking range of each camera 1 may overlap) , determine whether or not a person included in the second image is a person who has succeeded in authentication, and control opening and closing of the gate in response to a determination result (Paragraph [0007] of Kubota discloses a second verification apparatus that carries out second facial image verification using a first candidate facial image narrowed down by a result of the first facial image verification and the second image taken by the second camera) ; and the authenticating apparatus comprises at least one memory configured to store instructions, and at least one processor configured to execute the instructions to: authenticate the person included in the first image (Paragraph [0028] of Kubota discloses the gate is opened for a person allowed by the face authentication) . As to Claim 10, Kubota discloses an information processing method including: acquiring a first image in which a first region including at least a part of a first area, which is adjacent to a second area via a gate, is imaged (Paragraph [0007] of Kubota discloses a system used in a gate provided with a regulator that regulates a stream of people. A first camera that takes an image of a first area in a stream of people from the first area to a second area located upstream of the regulator) ; authenticating a person included in the first image by verifying the biometric information of the person included in the first image with biometric information registered in advance (Paragraph [0007] of Kubota discloses a first verification apparatus that carries out first facial image verification using a first image taken by the first camera) ; temporarily storing the biometric information of the person included in the first image as temporary biometric information in a determination information storing means in response to an authentication result (Paragraph [0007] of Kubota discloses a second verification apparatus that carries out second facial image verification using a first candidate facial image narrowed down by a result of the first facial image verification and the second image taken by the second camera. Paragraph [0071] of Kubota discloses the information may be deleted upon detection of exit of the person corresponding to the information from the closed space) ; acquiring a second image in which a second region, which includes at least a part of the first area, is imaged (Paragraph [0007] of Kubota discloses a second camera that takes an image of the second area a second camera that takes an image of the second area. Paragraph [0051] of Kubota discloses at least a part of the image-taking range of each camera 1 may overlap) ; determining whether or not a person included in the second image is a person who has succeeded in authentication by verifying biometric information of the person included in the second image with the temporary biometric information temporarily stored in the determination information storing means (Paragraph [0007] of Kubota discloses a second verification apparatus that carries out second facial image verification using a first candidate facial image narrowed down by a result of the first facial image verification and the second image taken by the second camera) ; and controlling opening and closing of the gate in response to a determination result (Paragraph [0028] of Kubota discloses the gate is opened for a person allowed by the face authentication) . As to Claim 11, Kubota discloses the a non-transitory recording medium on which a computer program is recorded, wherein the computer program causes a computer to execute an information processing method including: acquiring a first image in which a first region including at least a part of a first area, which is adjacent to a second area via a gate, is imaged (Paragraph [0007] of Kubota discloses a system used in a gate provided with a regulator that regulates a stream of people. A first camera that takes an image of a first area in a stream of people from the first area to a second area located upstream of the regulator) , authenticating a person included in the first image by verifying the biometric information of the person included in the first image with biometric information registered in advance (Paragraph [0007] of Kubota discloses a first verification apparatus that carries out first facial image verification using a first image taken by the first camera) , temporarily storing the biometric information of the person included in the first image as temporary biometric information in a determination information storing means in response to an authentication result (Paragraph [0007] of Kubota discloses a second verification apparatus that carries out second facial image verification using a first candidate facial image narrowed down by a result of the first facial image verification and the second image taken by the second camera. Paragraph [0071] of Kubota discloses the information may be deleted upon detection of exit of the person corresponding to the information from the closed space) acquiring a second image in which a second region, which includes at least a part of the first area, is imaged (Paragraph [0007] of Kubota discloses a second camera that takes an image of the second area a second camera that takes an image of the second area. Paragraph [0051] of Kubota discloses at least a part of the image-taking range of each camera 1 may overlap) , determining whether or not a person included in the second image is a person who has succeeded in authentication (Paragraph [0007] of Kubota discloses a second verification apparatus that carries out second facial image verification using a first candidate facial image narrowed down by a result of the first facial image verification and the second image taken by the second camera) , and controlling opening and closing of the gate in response to a determination result (Paragraph [0028] of Kubota discloses the gate is opened for a person allowed by the face authentication) . As to Claim 12, Kubota discloses the information processing system according to claim 3, wherein the at least one processor is configured to execute the instructions to: notify that authentication is not succeeded when it is determined that the corresponding person is a person who does not succeed authentication (Paragraph [0028] of Kubota discloses the gate is closed for a person whose face authentication failed) . As to Claim 13, Kubota discloses the information processing system according to claim 3, wherein the at least one processor is configured to execute the instructions to delete biometric information of the corresponding person registered in the determination information storing means when open control for the gate is performed and the corresponding person passes through the gate (Paragraph [0071] of Kubota discloses the information may be deleted upon detection of exit of the person corresponding to the information from the closed space) . As to Claim 14, Kubota discloses the information processing system according to claim 4, wherein the at least one processor is configured to execute the instructions to delete biometric information of the corresponding person registered in the determination information storing means when open control for the gate is performed and the corresponding person passes through the gate (Paragraph [0071] of Kubota discloses the information may be deleted upon detection of exit of the person corresponding to the information from the closed space) . As to Claim 15, Kubota discloses the information processing system according to claim 12, wherein the at least one processor is configured to execute the instructions to delete biometric information of the corresponding person registered in the determination information storing means when open control for the gate is performed and the corresponding person passes through the gate (Paragraph [0071] of Kubota discloses the information may be deleted upon detection of exit of the person corresponding to the information from the closed space) . As to Claim 16, Kubota discloses the information processing system according to claim 3, wherein a threshold value of verification by using the first image is large comparing with a threshold value of verification by using the second image (Paragraph [0120] of Kubota discloses verification apparatus 21 may buffer the facial images corresponding to scores greater than a second threshold value greater than the first threshold value among the scores calculated for each of the facial images included in verification candidate list ML to verification candidate list SL) . As to Claim 17, Kubota discloses the information processing system according to claim 4, wherein a threshold value of verification by using the first image is large comparing with a threshold value of verification by using the second image (Paragraph [0120] of Kubota discloses verification apparatus 21 may buffer the facial images corresponding to scores greater than a second threshold value greater than the first threshold value among the scores calculated for each of the facial images included in verification candidate list ML to verification candidate list SL) . As to Claim 18, Kubota discloses the information processing system according to claim 5, wherein a threshold value of verification by using the first image is large comparing with a threshold value of verification by using the second image (Paragraph [0120] of Kubota discloses verification apparatus 21 may buffer the facial images corresponding to scores greater than a second threshold value greater than the first threshold value among the scores calculated for each of the facial images included in verification candidate list ML to verification candidate list SL) . As to Claim 19, Kubota discloses the information processing system according to claim 12, wherein a threshold value of verification by using the first image is large comparing with a threshold value of verification by using the second image (Paragraph [0120] of Kubota discloses verification apparatus 21 may buffer the facial images corresponding to scores greater than a second threshold value greater than the first threshold value among the scores calculated for each of the facial images included in verification candidate list ML to verification candidate list SL) . As to Claim 20, Kubota discloses the information processing system according to claim 13, wherein a threshold value of verification by using the first image is large comparing with a threshold value of verification by using the second image (Paragraph [0120] of Kubota discloses verification apparatus 21 may buffer the facial images corresponding to scores greater than a second threshold value greater than the first threshold value among the scores calculated for each of the facial images included in verification candidate list ML to verification candidate list SL) . Claim Rejections - 35 USC § 103 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kubota and further in view of US Pub. No. 2013/0235347 to Hennessey et al. (hereinafter “Hennessey”) . As to Claim 8, Kubota discloses the information processing system according to claim 7. Kubota does not explicitly disclose wherein the second imaging means images the imaging target at a larger size as a distance from the second imaging means to the imaging target becomes shorter. However, Hennessey discloses this. Paragraph [0073] of Hennessey discloses a fixed wide-angle camera 30' may be used to image the scene, identify the position of the subject 12, and direct the orientation of a narrow angle camera. It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to combine the imaging system as disclosed by Kubota, with using different lenses as disclosed by Hennessey. One of ordinary skill in the art would have been motivated to combine to apply a known technique to a known device ready for improvement to yield predictable results. Kubota and Hennessey are directed toward imaging systems and as such it would be obvious to use the techniques of one in the other. Paragraph [0073] of Hennessey discloses such a setup improves facial recognition in an environment where the subjects can move freely . 07-21-aia AIA Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Kubota and further in view of US Pub. No. 2022/0245224 to Rojas et al. (hereinafter “Rojas”) . As to Claim 21, Kubota discloses the information processing system according to claim 1, wherein the at least one processor is configured to execute the instructions to: in a case where the second image includes a plurality of persons, [identify the largest face area among a plurality of face areas included in the second image as a face area of a person closest to the gate]; and verify the biometric information of the person identified with the temporary biometric information temporarily stored in the determination information storage means (Paragraph [0007] of Kubota discloses a second verification apparatus that carries out second facial image verification using a first candidate facial image narrowed down by a result of the first facial image verification and the second image taken by the second camera) . Kubota does not explicitly disclose identify the largest face area among a plurality of face areas included in the second image as a face area of a person closest to the gate. However, Rojas discloses this. Paragraph [0077] of Rojas discloses optionally, the largest face (e.g., the face closest to the camera) may be selected for facial identification. It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to combine the imaging system as disclosed by Kubota, with using the largest face as disclosed by Rojas. One of ordinary skill in the art would have been motivated to combine to apply a known technique to a known device ready for improvement to yield predictable results. Kubota and Rojas are directed toward imaging systems and as such it would be obvious to use the techniques of one in the other. Paragraph [0077] of Rojas discloses this is a solution to when a face comes from an unconstrained environment, such as in a queue of people at a venue entrance. Conclusion 07-40 AIA 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin S Mai whose telephone number is (571)270-5001. The examiner can normally be reached Monday to Friday 9AM to 5PM. 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, Philip Chea can be reached at 5712723951. 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. /KEVIN S MAI/Primary Examiner, Art Unit 2499 Application/Control Number: 18/851,218 Page 2 Art Unit: 2499 Application/Control Number: 18/851,218 Page 3 Art Unit: 2499 Application/Control Number: 18/851,218 Page 4 Art Unit: 2499 Application/Control Number: 18/851,218 Page 6 Art Unit: 2499 Application/Control Number: 18/851,218 Page 7 Art Unit: 2499 Application/Control Number: 18/851,218 Page 8 Art Unit: 2499 Application/Control Number: 18/851,218 Page 9 Art Unit: 2499 Application/Control Number: 18/851,218 Page 10 Art Unit: 2499 Application/Control Number: 18/851,218 Page 11 Art Unit: 2499 Application/Control Number: 18/851,218 Page 12 Art Unit: 2499 Application/Control Number: 18/851,218 Page 14 Art Unit: 2499 Application/Control Number: 18/851,218 Page 15 Art Unit: 2499 Application/Control Number: 18/851,218 Page 16 Art Unit: 2499 Application/Control Number: 18/851,218 Page 17 Art Unit: 2499
Read full office action

Prosecution Timeline

Sep 26, 2024
Application Filed
Dec 15, 2025
Non-Final Rejection mailed — §102, §103, §112
Mar 16, 2026
Response Filed
Jun 01, 2026
Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
30%
Grant Probability
55%
With Interview (+25.7%)
4y 8m (~2y 10m remaining)
Median Time to Grant
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