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 .
Examiner’s Note
Examiner has cited particular columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to
fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 41 and 44-46 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ryhorchuk et al. (US 2025/0246037).
As to claim 41, Ryhorchuk teaches a medium containing instructions that when executed by at least one processor cause the at least one processor to perform identity verification operations based on facial micromovements, the operations comprising: receiving reference signals for verifying correspondence between a particular individual and an account at an institution, the reference signals being derived based on reference facial micromovements (Figs.9-12) detected/sensed 506a-506b, using first light reflected from a face of the particular individual (1502-1514; Pars.11-14, 143-144); adding/storing (1708, 2010) in a secure data structure, a correlation between an identity of the particular individual and the reference signals reflecting the facial micromovements (Pars.171, 204); receiving, a request to authenticate the particular individual; receiving 1504 real-time signals indicative of second light reflections being derived from second facial micromovements of the particular individual (Fig.16, 1604); comparing the real-time signals 1620 with the reference signals stored in the secure data structure to thereby authenticate/classify the particular individual 1622; and upon authentication 1630, notifying 1848 the institution that the particular individual is authenticated (Pars.47-50, 192-195, 201-206; Figs.15-21)
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As to claims 44-45, Ryhorchuk teaches wherein receiving the real-time signals and comparing the real-time signals occur multiple times during a transaction (interaction), and wherein the operations further include reporting a mismatch if a subsequent difference is detected following the notifying (Pars.243, 248-249; Figs.21, 29-30).
As to claim 46, Ryhorchuk teaches wherein, when the certainty level is below a threshold, the operations further include terminating the authentication (Fig.16, 21A-21B).
Regarding claims 59-60, the corresponding method and system comprising the steps of claim 41 are analogous therefore rejected as being anticipated by Ryhorchuk for the foregoing reasons.
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) 42-43 and 47-58 are rejected under 35 U.S.C. 103 as being unpatentable over Ryhorchuk et al. (US 2025/0246037) as applied above, and in view of Smits (US 2019/0197224).
As to claims 42-43, Ryhorchuk doesn’t explicitly teach where the authentication is associated with a financial transaction. However, Smits teaches a method for authentication of a user using biometric features associated with the micro-facial expressions of the user by comparing input facial micromovements with reference facial micromovements, wherein the authentication is associated with financial transaction (Pars.29-31, 84).
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The combination of the analogous teachings would be obvious to one of ordinary skill in the art before the time of applicant’s invention for the purpose of providing the authentication service for financial transaction.
As to claim 47, Smits teaches wherein the transaction is a financial transaction that includes providing access to the particular individual's account, and when a certainty level is below a threshold, the operations further include blocking the individual associated with the real-times signals from the particular individual's account (Pars.29-31, 84).
As to claim 48, Smits teaches wherein the reference signals for authentication correspond to muscle activation during pronunciation of at least one word (Fig.5, 504; Pars.28, 42).
As to claim 49, both Ryorchuk and Smits teach wherein micromovements associated with multitude facial muscles are analyzed, inherently suggesting the inclusion of at least one of the muscles cited in the claim.
As to claims 50-53, Smits teaches wherein the at least one word is a password presented to the user to speak (Pars.39, 43, 52-55).
As to claim 54, Smits teaches wherein the reference signals for authentication correspond to muscle activation during pronunciation of one or more syllables (Fig.4; Pars.39-43, 50-55).
As to claims 55-56, Smits teaches wherein the institution is associated with an online activity, and upon authentication, the particular individual is provided access to perform the online activity comprising at least one of: a financial transaction, a wagering session, an account access session, a gaming session, an exam, a lecture, or an educational session (Pars.29-31, 84-89)
As to claims 57-58, Smits teaches wherein the institution is associated with a resource, and upon authentication, the particular individual is provided access to the resource, wherein the resource is at least one of: a file, a folder, a data structure, a computer program, computer code, or computer settings (Pars.50-59).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Embrechts et al. (US 2022/0245963).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL DEMELASH ABEBE whose telephone number is (571)272-7615. The examiner can normally be reached monday-friday 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Washburn can be reached at 571-272-5551. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL ABEBE/Primary Examiner, Art Unit 2657
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