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 .
DETAILED ACTION
This Office Action is in response to the U.S. patent application 18936788 filed on November 4, 2024, as well as the Preliminary Amendment also filed on November 4, 2024.
Of original claims 1-15: claims 1-15 were canceled; claims 16-35 were added; and claims 16, 29 and 33 are independent claims. Accordingly, claims 16-35 are pending, and have been examined in this application.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 4, 2024, complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawing Objections
All versions of the drawings filed on November 4, 2024, are objected to because the blackened blocks contain illegible text therein. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as "amended." If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 17-28 and 30-32 are objected to because of the following informalities:
Claims 17-28 and 30-32 recite the limitation “[a]n apparatus as claimed in claim …” in the preamble of each claim. It’s suggested that said aforementioned limitation be further amended to “[t]he apparatus as claimed in claim …” Appropriate corrections are required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 16-23 and 25-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ritter et al. (“Ritter”, US20070052672A1).
Per claim 16: Ritter discloses an apparatus (Ritter para. [0047], “The inventive glasses 1”) comprising:
at least one processor (Ritter para. [0066], “The system control is a microprocessor to control all functions of the inventive glasses as presented in FIG. 2”); and
at least memory storing instructions that, storing instructions that, when executed by the at least one processor (Ritter para. [0066], “. In the memory, the software for controlling the hardware components, the biometric features and the user preferences is stored one memory. It could include applications or programs to be executed directly by the users or the specific register of paired external devices 2, 9 for which the user has obtained the right to access this device 2, 9”), cause the apparatus at least to:
generate electromagnetic radiation (Ritter para. [0066], “The control unit 11 is also responsible for securing the contactless communication channel 8 by means of encryption.”);
enable capturing one or more biometric features of a user using the electromagnetic radiation, wherein the one or more biometric features of the user are usable for authenticating a user identity of the user (Ritter para. [0047], “The inventive glasses 1 can also be equipped with a short range contactless interface 13. Over the contactless interface 13, the glasses 1 are connected over a contactless communication channel 8 to an external device, such as a mobile phone 2 or any other personal device 9 which is also equipped with such a contactless interface 23. Contactless interfaces 13, 23 are known in the prior art as well, such as for example according to Bluetooth, ZigBee, IrDA, HomeRF, NFC (near field communication), WLAN or DECT.”; Ritter para. [0023], “The haptic sensor can be mounted on the frame of said glasses or connected by a short range connection interface to said Virtual Retinal Display (VRD). The haptic sensor can be a fingerprint sensor and used for identification and authentication purposes as well. The retinal or iris scan data or voice recognition from the VRD can be used separately from or in addition to the mentioned authentication. The biometric authentication will be with advantage used to access a server, applications or an external device which is connected to the glasses by means of a short range communication interface. As external device a mobile headset, mp3-player, game console, PC, Laptop, DVB-H or DVB receiver, a mobile telephone comprising an identification module and connected to a mobile communication network, the Virtual Retinal Display (VRD) of another user or any other suitable device might be used.”);
transmit data using said electromagnetic radiation, wherein at least part of the transmitted data is usable for at least one of authenticating or connecting to one or more user devices (Ritter para. [0060], “The authentication procedure is similar to the one explained above for the personal device 9. Reference biometric data can be stored in the SIM card 24. This biometric data will be compared with the measured biometric data taken from the user and transmitted from the VRD device 1 to the mobile phone 2 or from the mobile phone 2 to the VRD device 1. If the authentication is positive, the user can visualize his data from the mobile phone, such as reading and writing SMS or MMS or browsing the (mobile) internet using the haptic sensor 12.”).
Per claim 17: Ritter disclosed the apparatus as claimed in claim 16. Ritter further teaches an arrangement wherein the apparatus is further caused to encode the data to be transmitted using information from the captured one or more biometric features of the user (Ritter para. [0066], “The control unit 11 is also responsible for securing the contactless communication channel 8 by means of encryption.”; Ritter para. [0056], “the user only can decrypt the subscribed content, if the biometric data matches the user specific encryption data sent along with the content. Of course, encryption and decryption means will be used in order to provide appropriate security.”).
Per claim 18: Ritter disclosed the apparatus as claimed in claim 16. Ritter further teaches an arrangement wherein the transmitted data is transmitted to one of the one or more user devices through a first communication channel formed through the electromagnetic radiation (Ritter para. [0047],”The inventive glasses 1 can also be equipped with a short range contactless interface 13. Over the contactless interface 13, the glasses 1 are connected over a contactless communication channel 8 to an external device, such as a mobile phone 2 or any other personal device 9 which is also equipped with such a contactless interface 23.”; Ritter para. [0060], “The authentication procedure is similar to the one explained above for the personal device 9. Reference biometric data can be stored in the SIM card 24. This biometric data will be compared with the measured biometric data taken from the user and transmitted from the VRD device 1 to the mobile phone 2 or from the mobile phone 2 to the VRD device 1. If the authentication is positive, the user can visualize his data from the mobile phone, such as reading and writing SMS or MMS or browsing the (mobile) internet using the haptic sensor 12.”).
Per claim 19: Ritter disclosed the apparatus as claimed in claim 18. Ritter further teaches an arrangement wherein the apparatus is further caused to set up a second communication channel to communicate with said one of the one or more user devices, after the apparatus and said one of the one or more user devices have been authenticated with each other (Ritter para. [0050], ”A second non-volatile memory, accessible from outside the integrated circuit, can also be provided in the integrated circuit for storing non-secure data. This second memory has its own interface port, and is isolated from the security-related functions and memory so that secure and non-secure functions are physically isolated from each other and cannot be modified to overcome that isolation.”).
Per claim 20: Ritter disclosed the apparatus as claimed in claim 19. Ritter further teaches an arrangement wherein the first communication channel is used for an initial secure connection through which said one of the one or more user devices is identified and authenticated, and subsequently the apparatus and said one of the one or more user devices communicate through the second communication channel (Ritter para. [0050], ”A second non-volatile memory, accessible from outside the integrated circuit, can also be provided in the integrated circuit for storing non-secure data. This second memory has its own interface port, and is isolated from the security-related functions and memory so that secure and non-secure functions are physically isolated from each other and cannot be modified to overcome that isolation.”).
Per claim 21: Ritter disclosed the apparatus as claimed in claim 16. Ritter further teaches an arrangement wherein the apparatus is further caused to: modulate said electromagnetic radiation at least one of spatially, or temporally (Ritter para. [0032], “The image projected by the VRD on the retina may be produced by spatial modulation of a light beam using any suitable light shutter, for example based on liquid crystal technology. In another preferred embodiment, the projecting direction of a single light beam is moved using vibrating mirrors, for example two mirrors for moving it along two axes, so as to scan an image on the retina. In both embodiments, the light shutter respectively the mirrors may be based on MEMS technology.”).
Per claim 22: Ritter disclosed the apparatus as claimed in claim 22. Ritter further teaches an arrangement wherein the one or more biometric features of the user comprise blood vessel patterns of the user (Ritter para. [0051], “authentication can be a combined authentication with eye (retina, pupil or iris), finger (fingerprint, blood vessel)”).
Per claim 23: Ritter disclosed the apparatus as claimed in claim 16. Ritter further teaches an arrangement wherein the electromagnetic radiation comprises at least one of visible light or infrared radiation (Ritter para. [0032], “the projecting direction of a single light beam is moved using vibrating mirrors, for example two mirrors for moving it along two axes,”).
Per claim 25: Ritter disclosed the apparatus as claimed in claim 16. Ritter further teaches an arrangement wherein the apparatus is part of one of a mobile communication device, a head worn device, or an ear worn device (Ritter para. [0047], “The inventive glasses 1”).
Per claim 26: Ritter disclosed the apparatus as claimed in claim 16. Ritter further teaches an arrangement wherein at least one of the one or more user devices is a mobile communication device, a head worn device, or an ear worn device (Ritter para. [0023], “As external device a mobile headset, mp3-player, game console, PC, Laptop, DVB-H or DVB receiver, a mobile telephone comprising an identification module and connected to a mobile communication network, the Virtual Retinal Display (VRD) of another user or any other suitable device might be used.”).
Per claim 27: Ritter disclosed the apparatus as claimed in claim 16. Ritter further teaches an arrangement wherein the apparatus further comprises at least one of: one or more infrared light emitting devices, a facial detector, a proximity sensor, a device display screen, or a device flashlight (Ritter para. [0001], “a communication device comprising a Virtual Retinal Display (VRD) in the form of glasses (spectacles) to project an image directly onto the retina of the user”).
Per claim 28: Ritter disclosed the apparatus as claimed in claim 16. Ritter further teaches an arrangement wherein the apparatus is further configured to cause at least one of the one or more user devices to capture the one or more biometric features (Ritter para. [0047], “The inventive glasses 1 can also be equipped with a short range contactless interface 13. Over the contactless interface 13, the glasses 1 are connected over a contactless communication channel 8 to an external device, such as a mobile phone 2 or any other personal device 9 which is also equipped with such a contactless interface 23. Contactless interfaces 13, 23 are known in the prior art as well, such as for example according to Bluetooth, ZigBee, IrDA, HomeRF, NFC (near field communication), WLAN or DECT.”; Ritter para. [0023], “The haptic sensor can be mounted on the frame of said glasses or connected by a short range connection interface to said Virtual Retinal Display (VRD). The haptic sensor can be a fingerprint sensor and used for identification and authentication purposes as well. The retinal or iris scan data or voice recognition from the VRD can be used separately from or in addition to the mentioned authentication. The biometric authentication will be with advantage used to access a server, applications or an external device which is connected to the glasses by means of a short range communication interface. As external device a mobile headset, mp3-player, game console, PC, Laptop, DVB-H or DVB receiver, a mobile telephone comprising an identification module and connected to a mobile communication network, the Virtual Retinal Display (VRD) of another user or any other suitable device might be used.”).
Per claim 29: Ritter disclosed an apparatus (Ritter para. [0047], “The inventive glasses 1”) comprising: at least one processor (Ritter para. [0066], “The system control is a microprocessor to control all functions of the inventive glasses as presented in FIG. 2”); and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to (Ritter para. [0066], “. In the memory, the software for controlling the hardware components, the biometric features and the user preferences is stored one memory. It could include applications or programs to be executed directly by the users or the specific register of paired external devices 2, 9 for which the user has obtained the right to access this device 2, 9”): receive electromagnetic radiation from a first user device (Ritter para. [0047], “The inventive glasses 1 can also be equipped with a short range contactless interface 13. Over the contactless interface 13, the glasses 1 are connected over a contactless communication channel 8 to an external device, such as a mobile phone 2 or any other personal device 9 which is also equipped with such a contactless interface 23. Contactless interfaces 13, 23 are known in the prior art as well, such as for example according to Bluetooth, ZigBee, IrDA, HomeRF, NFC (near field communication), WLAN or DECT.”; Ritter para. [0023], “The haptic sensor can be mounted on the frame of said glasses or connected by a short range connection interface to said Virtual Retinal Display (VRD). The haptic sensor can be a fingerprint sensor and used for identification and authentication purposes as well. The retinal or iris scan data or voice recognition from the VRD can be used separately from or in addition to the mentioned authentication. The biometric authentication will be with advantage used to access a server, applications or an external device which is connected to the glasses by means of a short range communication interface. As external device a mobile headset, mp3-player, game console, PC, Laptop, DVB-H or DVB receiver, a mobile telephone comprising an identification module and connected to a mobile communication network, the Virtual Retinal Display (VRD) of another user or any other suitable device might be used.”); capture one or more biometric features of a user using the electromagnetic radiation (Ritter para. [0047], “The inventive glasses 1 can also be equipped with a short range contactless interface 13. Over the contactless interface 13, the glasses 1 are connected over a contactless communication channel 8 to an external device, such as a mobile phone 2 or any other personal device 9 which is also equipped with such a contactless interface 23. Contactless interfaces 13, 23 are known in the prior art as well, such as for example according to Bluetooth, ZigBee, IrDA, HomeRF, NFC (near field communication), WLAN or DECT.”; Ritter para. [0023], “The haptic sensor can be mounted on the frame of said glasses or connected by a short range connection interface to said Virtual Retinal Display (VRD). The haptic sensor can be a fingerprint sensor and used for identification and authentication purposes as well. The retinal or iris scan data or voice recognition from the VRD can be used separately from or in addition to the mentioned authentication. The biometric authentication will be with advantage used to access a server, applications or an external device which is connected to the glasses by means of a short range communication interface. As external device a mobile headset, mp3-player, game console, PC, Laptop, DVB-H or DVB receiver, a mobile telephone comprising an identification module and connected to a mobile communication network, the Virtual Retinal Display (VRD) of another user or any other suitable device might be used.”), wherein the one or more biometric features of the user are usable for authenticating a user identity of the user (Ritter para. [0060], “The authentication procedure is similar to the one explained above for the personal device 9. Reference biometric data can be stored in the SIM card 24. This biometric data will be compared with the measured biometric data taken from the user and transmitted from the VRD device 1 to the mobile phone 2 or from the mobile phone 2 to the VRD device 1. If the authentication is positive, the user can visualize his data from the mobile phone, such as reading and writing SMS or MMS or browsing the (mobile) internet using the haptic sensor 12.”); receive data through said electromagnetic radiation, wherein at least part of the data is usable for at least one of authenticating or connecting to the first user device (Ritter para. [0060], “The authentication procedure is similar to the one explained above for the personal device 9. Reference biometric data can be stored in the SIM card 24. This biometric data will be compared with the measured biometric data taken from the user and transmitted from the VRD device 1 to the mobile phone 2 or from the mobile phone 2 to the VRD device 1. If the authentication is positive, the user can visualize his data from the mobile phone, such as reading and writing SMS or MMS or browsing the (mobile) internet using the haptic sensor 12.”).
Per claim 30: Ritter disclosed the apparatus as claimed in claim 29. Ritter further teaches an arrangement wherein the received data is received from the first user device through a first communication channel formed through the electromagnetic radiation (Ritter para. [0060], “The authentication procedure is similar to the one explained above for the personal device 9. Reference biometric data can be stored in the SIM card 24. This biometric data will be compared with the measured biometric data taken from the user and transmitted from the VRD device 1 to the mobile phone 2 or from the mobile phone 2 to the VRD device 1. If the authentication is positive, the user can visualize his data from the mobile phone, such as reading and writing SMS or MMS or browsing the (mobile) internet using the haptic sensor 12.”).
Per claim 31: Ritter disclosed the apparatus as claimed in claim 30. Ritter further teaches an arrangement wherein the apparatus is further caused to set up a second communication channel to communicate with said first user device, after the apparatus and said first user device have been authenticated with each other (Ritter para. [0050], ”A second non-volatile memory, accessible from outside the integrated circuit, can also be provided in the integrated circuit for storing non-secure data. This second memory has its own interface port, and is isolated from the security-related functions and memory so that secure and non-secure functions are physically isolated from each other and cannot be modified to overcome that isolation.”).
Per claim 32: Ritter disclosed the apparatus as claimed in claim 31. Ritter further teaches an arrangement wherein the first communication channel is used for an initial secure connection through which said first user device is identified and authenticated, and subsequently the apparatus and said first user device communicate through the second communication channel (Ritter para. [0050], ”A second non-volatile memory, accessible from outside the integrated circuit, can also be provided in the integrated circuit for storing non-secure data. This second memory has its own interface port, and is isolated from the security-related functions and memory so that secure and non-secure functions are physically isolated from each other and cannot be modified to overcome that isolation.”).
Per claim 33: Ritter disclosed a non-transitory computer readable medium comprising program instructions stored thereon for causing an apparatus to perform at least the following (Ritter para. [0066], “. In the memory, the software for controlling the hardware components, the biometric features and the user preferences is stored. It could include applications or programs to be executed directly by the users or the specific register of paired external devices 2, 9 for which the user has obtained the right to access this device 2, 9”): generating electromagnetic radiation (Ritter para. [0066], “The control unit 11 is also responsible for securing the contactless communication channel 8 by means of encryption.”); enabling capturing one or more biometric features of a user using the electromagnetic radiation, wherein the one or more biometric features of the user are usable for authenticating a user identity of the user (Ritter para. [0047], “The inventive glasses 1 can also be equipped with a short range contactless interface 13. Over the contactless interface 13, the glasses 1 are connected over a contactless communication channel 8 to an external device, such as a mobile phone 2 or any other personal device 9 which is also equipped with such a contactless interface 23. Contactless interfaces 13, 23 are known in the prior art as well, such as for example according to Bluetooth, ZigBee, IrDA, HomeRF, NFC (near field communication), WLAN or DECT.”; Ritter para. [0023], “The haptic sensor can be mounted on the frame of said glasses or connected by a short range connection interface to said Virtual Retinal Display (VRD). The haptic sensor can be a fingerprint sensor and used for identification and authentication purposes as well. The retinal or iris scan data or voice recognition from the VRD can be used separately from or in addition to the mentioned authentication. The biometric authentication will be with advantage used to access a server, applications or an external device which is connected to the glasses by means of a short range communication interface. As external device a mobile headset, mp3-player, game console, PC, Laptop, DVB-H or DVB receiver, a mobile telephone comprising an identification module and connected to a mobile communication network, the Virtual Retinal Display (VRD) of another user or any other suitable device might be used.”); and transmitting data using said electromagnetic radiation, wherein at least part of the transmitted data is usable for at least one of authenticating or connecting to one or more user devices (Ritter para. [0060], “The authentication procedure is similar to the one explained above for the personal device 9. Reference biometric data can be stored in the SIM card 24. This biometric data will be compared with the measured biometric data taken from the user and transmitted from the VRD device 1 to the mobile phone 2 or from the mobile phone 2 to the VRD device 1. If the authentication is positive, the user can visualize his data from the mobile phone, such as reading and writing SMS or MMS or browsing the (mobile) internet using the haptic sensor 12.”).
Per claim 34: Ritter disclosed the medium as claimed in claim 33. Ritter further teaches an arrangement wherein the transmitted data is transmitted to one of the one or more user devices through a first communication channel formed through the electromagnetic radiation (Ritter para. [0066], “The control unit 11 is also responsible for securing the contactless communication channel 8 by means of encryption.”; Ritter para. [0056], “the user only can decrypt the subscribed content, if the biometric data matches the user specific encryption data sent along with the content. Of course, encryption and decryption means will be used in order to provide appropriate security.”).
Per claim 35: Ritter disclosed the medium as claimed in claim 34. Ritter further teaches an arrangement wherein the program instructions are further configured to cause the apparatus to: set up a second communication channel to communicate with said one of the one or more user devices, after the apparatus and said one of the one or more user devices have been authenticated with each other (Ritter para. [0050], ”A second non-volatile memory, accessible from outside the integrated circuit, can also be provided in the integrated circuit for storing non-secure data. This second memory has its own interface port, and is isolated from the security-related functions and memory so that secure and non-secure functions are physically isolated from each other and cannot be modified to overcome that isolation.”); wherein the first communication channel is used for an initial secure connection through which said one of the one or more user devices is identified and authenticated, and subsequently the apparatus and said one of the one or more user devices communicate through the second communication channel (Ritter para. [0050], ”A second non-volatile memory, accessible from outside the integrated circuit, can also be provided in the integrated circuit for storing non-secure data. This second memory has its own interface port, and is isolated from the security-related functions and memory so that secure and non-secure functions are physically isolated from each other and cannot be modified to overcome that isolation.”).
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 of this title, 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 24 is rejected under 35 U.S.C. 103 as being unpatentable over Ritter et al. (“Ritter”, US20070052672A1) in view of Sato (“Sato”; JP2004065363).
Per claim 24: Ritter disclosed the apparatus as claimed in claim 16. Ritter does not explicitly disclose an arrangement wherein the apparatus further comprises: a light source configured to illuminate a first side of an ear of the user; and at least one of: one or more photodetectors or one or more imaging sensors configured to capture a blood vessel pattern of the ear from a second side of the ear.
However, in an analogous art, Sato teaches a light source configured to illuminate a first side of an ear of the user; and at least one of: one or more photodetectors or one or more imaging sensors configured to capture a blood vessel pattern of the ear from a second side of the ear (Sato para. [0095], “As an imaging method, the light source 91 irradiates near-infrared light, and when the near-infrared light passes through the ear, a light-receiving portion 93 takes an image as a blood vessel in a shadowed portion due to the absorption characteristics of oxyhemoglobin.”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Ritter to include, as taught by Sato, a light source configured to illuminate a first side of an ear of the user; and at least one of: one or more photodetectors or one or more imaging sensors configured to capture a blood vessel pattern of the ear from a second side of the ear. Motivation for modifying would have been to further include the dual-sided ear option supporting blood vessel authentication, in order to increase an attractiveness and broadened adoption of the Ritter/Sato arrangement within the authentication field.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul J Skwierawski whose telephone number is (571)272-2642. The examiner can normally be reached 6:00am-3:30pm weekdays.
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/Paul Skwierawski/
Patent Examiner, Art Unit 2439
/LUU T PHAM/Supervisory Patent Examiner, Art Unit 2439
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