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 .
Acknowledgements
This office action is in response to the applicant’s communication filed on 06/24/2026. In which, claims 1-20 remains cancelled, claims 21-40 have been amended, claims 21 and 31 are independent, and claims 21-40 are pending and being considered.
Applicant’s arguments with respect to claim(s) 21-40 have been considered but are moot because the new ground of rejection does not rely on reference “Madzhunkov et al. (US 2019/0147676 A1)” applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Therefore, a new ground(s) of rejection is made in view of newly found reference “Katz et al. (US 2012/0056982 A1)”, as described in Claim Rejections-under 35 U.S.C. 103.
Specification Objections, as set forth in the prior office action, have been waived in view of the remarks and amendments to the specification filed on 06/24/2026.
Drawing’s Objections, as set forth in the prior office action, have been waived in view of the remarks and drawing’s replacement sheet filed on 06/24/2026.
Claim Objections for claims 21-30, as set forth in the prior office action, have been waived in view of the remarks and amendments to the claims filed on 06/24/2026. However, for claims 31-40, the claim objections are maintained for the reasons described under “Claim Objections”.
Claim Objections
Claim(s) 31-40 are objected to because of the following informalities:
Claim 31 (in line 11) recites “wherein at least a visible light camera ...” which should be corrected and read as “wherein the at least a visible light camera ...”, since the claim 31 in lines 4-5 already recites “at least a visible light camera”. Appropriate correction is required.
Claim 31 (in Lines 14-15) recites “a building”, which should be corrected and read as “[[a]] the building”, since the claim 31 in line 1 already recites the term “a building”. Appropriate correction is required.
Dependent claims (32-40) are objected due to their dependency on the objected independent claim 31 and/or any intervening claims.
Claim Rejections - 35 U.S.C. 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 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 factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 non-obviousness.
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 21, 23-24, 27-28, 31, 33-34 and 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Masood et al. (US 2016/0239705 A1; hereinafter “Masood”) in view of Katz et al. (US 2012/0056982 A1, hereinafter “Katz”).
Regarding claim 21, Masood teaches an apparatus for controlling access to a building or other physical space at a controlled access point, the apparatus comprising (Masood, See Figs. 1a-1b, Abstract and Para. [058-0059], describes Apparatus, systems and methods for managing a workforce working from a single or multiple locations through software and hardware components integrated under a modular solution for workforce management tasks, such as worker's biometric recognition [...], access control. Figs.1a-1b illustrates different types of access control points 16 with different combinations of devices 20 and turnstiles 22. In one embodiment, an access control point 16 can be installed at a worker entrance of a building. For example, one access control point 16 can be used for inward pedestrian worker traffic and another access control point 16 can be used for outward pedestrian worker traffic. Each access control point 16 includes a biometric scanning device 20 and an electromagnetic/electric barrier or gate 22 (“turnstile 22”). As described in more detail below, each access control point 16 (e.g., the device 20) is configured to collect information about workers (e.g., time and attendance data) and control access to a particular premises according to administrative, HR, fire and security, payroll, or other policies set by management):
at least a facial recognition module comprising at least a visible light camera, [[at least a plurality of sensors capable of detecting infrared light,]] a processor, and memory (Masood, Figs. 3-4 and Para. [0065-0069], discloses a device 20 that is configured to recognize workers through their eyes and face (e.g., 3D facial recognition) to clock-in to and clock-out of their place of employment as part of a time and attendance component of the system 10. Therefore, workers use the devices 20 to mark their attendance and gain access to various areas. The device 20 includes a processor 60 that can interface with an internal flash read-only memory (“ROM”) 61, secure digital (“SD”) random-access memory (“RAM”) 62, and/or an external SD card 63. The device 20 also includes a camera board 46 comprising a visible light color camera 64 (see FIG. 3) and an infrared camera 70 (see FIG. 3). Both cameras 64 and 70 are adjusted at an angle suitable for 3D imaging.);
wherein an external housing of the facial recognition module is in form of a wedge, wherein an external shape of the facial recognition module includes a rear surface, a front surface and a plurality of side surfaces, and the front surface and the rear surface are not parallel (Masood in Figs. 1A-1B and Figs. 2-3 depicts housing of the device 20 in a wedge shape. As illustrated in FIGS. 2-3, the device 20 includes a housing front 40 and a housing back 42, which are not parallel, and multiple side surfaces, e.g., 42a, 42b, etc.);
wherein the at least a visible light camera and at least a plurality of infrared sensors are located behind a transparent window forming a portion of the front surface of the external housing of the facial recognition module (Masood in para. [0065 and 0069-0070], As illustrated in FIGS. 2-3, the device 20 includes a housing front 40 and a housing back 42, a digital signal processing (“DSP”) board 44, a camera board 46 that includes a visible light color camera 64 and an infrared CCD/CMOS camera 70, and a scanner infrared illuminator board 48 that consists of an array of infrared LEDs 77 powered by intelligent infrared controller and driver circuitry 78. As illustrated in Figs. 2-3, a camera board 46 that includes a visible light color camera 64 and an infrared CCD/CMOS camera 70 and a scanner infrared illuminator board 48 that consists of an array of infrared LEDs 77 are located on a transparent user interface 51 of the device 20, which is a portion of the front housing 40 of the device 20 that is configured to recognize workers through their eyes and face (e.g., 3D facial recognition));
wherein the rear surface is configured to be mounted to a wall or other aspect of the building or other physical space (Masood, as illustrated in Figs. 1A-1B, 2-3, & 9, the device 20 includes a housing front 40 and a housing back 42. The housing back 42 is mounted on, e.g., a wall next to a door 22, an electromagnetic/electric barrier or gate 22 (hereinafter referred to as the “turnstile 22”, etc.)); and
wherein at least one of the plurality of side surfaces is substantially in the form of a rectangle (Masood, As illustrated in Figs. 2-3, the side surfaces 42a and 42b are in a rectangle shape. Or see also fig. 23, in which device 20 has a top rectangle shape surface housed in-between a housing front 40 and a housing back 42 of the device 20. The housing back 42 is attached with the vending machine 830 while the top rectangle surface and the housing front 40 are exposed).
Although, as disclosed above, Masood teaches “at least a facial recognition module comprising at least a visible light camera (e.g., a visible light color camera 64), a sensor capable of detecting infrared light (e.g., infrared Camera 70 that contains a CCD/CMOS sensor 72), a processor, and memory”. However, Masood fails to explicitly disclose but Katz teaches at least a plurality of sensors capable of detecting infrared light (Katz in Abstract, discloses that a depth camera system uses a structured light illuminator and multiple sensors such as infrared light detectors, such as in a system which tracks the Motion of a user in a field of view. In one approach, as disclosed in para. [0039], the imaging component 22 includes an illuminator 26, a first image sensor (S1) 24, a second image sensor (S2) 29, and a visible color camera 28. In which, the first (S1) and second (S2) sensors are infrared light sensors. Or see also para. [0092], Step 702 includes detecting reflected infrared light at a first sensor, to obtain a first frame of pixel data. Similarly, step 704 includes detecting reflected infrared light at a second sensor, to obtain a second frame of pixel data.),
Thus, it would have been obvious to one ordinary skilled in the art before the effective filling date of the claimed invention to have modified “Masood’ by incorporating the above features, as taught by Katz, such modification would track a gesture and/or movement of a user in a field of view by utilizing the multiple sensors (such as infrared light detectors and structured light illuminator) of the depth camera system which visually monitors one or more people based on the captured, via infrared light detectors, gestures and/or movements of the user(s) ; Katz in Abstract & para. [0032 & 0034].
Regarding claim 23, Masood as modified by Katz teaches the apparatus as in claim 21, Masood further teaches in which the at least a visible light sensor and the at least a sensor capable of sensing infrared light are mounted to a backplane mounted within the external housing (Masood in para. [0065-0070] and as illustrated in Fig. 4, and as previously illustrated in FIGS. 2-3, a digital signal processing (“DSP”) board 44 contains a plurality of devices (e.g., a camera board 46, a scanner infrared illuminator board 48, touch keypad 79, RFID Reader 54, etc. as shown in Fig. 4) connected to an embedded processor 60 within the front housing 40 and back housing 42 of the device 20. The camera board 46 includes a visible light color CCD/CMOS camera 64 that contains a CCD/CMOS sensor 66 (e.g., a visible light sensor, as shown in Fig. 4). The camera board 46 also contains an infrared CCD/CMOS camera 70 that contains a CCD/CMOS sensor 72 (e.g., a sensor capable of sensing infrared light, as shown in Fig. 4). As depicted in Fig. 3, the DSP board 44 that contains a plurality of devices (e.g., a camera board 46, a scanner infrared illuminator board 48, touch keypad 79, RFID Reader 54, etc. as shown in Fig. 4) is mounted within backplane of the housing back 42 of the device 20).
Regarding claim 24, Masood as modified by Katz teaches the apparatus as in claim 21, Masood further teaches in which the at least a visible light camera and at least an infrared sensor are mounted on a backplane, and the backplane is mechanically isolated from the external housing (Masood in para. [0065-0070] and as illustrated in Fig. 4, and as previously illustrated in FIGS. 2-3, a digital signal processing (“DSP”) board 44 contains a plurality of devices (e.g., a camera board 46, a scanner infrared illuminator board 48, touch keypad 79, RFID Reader 54, etc. as shown in Fig. 4) connected to an embedded processor 60 within the housing front 40 and housing back 42 of the device 20. The camera board 46 includes a visible light color CCD/CMOS camera 64 that contains a CCD/CMOS sensor 66 (as shown in Fig. 4). The camera board 46 also contains an infrared CCD/CMOS camera 70 that contains a CCD/CMOS sensor 72 (as shown in Fig. 4). The DSP board 44 that contains a plurality of devices (e.g., a camera board 46, a scanner infrared illuminator board 48, touch keypad 79, RFID Reader 54, etc., as shown in Fig. 4) is mounted within backplane of the housing back 42 of the device 20, and is mechanically isolated from the housing front 40 and housing back 42 of the device 20).
Regarding claim 27, Masood as modified by Katz teaches the apparatus as in claim 21, Masood further teaches in which the facial recognition module is part of an access control system that comprises a plurality of badge readers capable of interacting with a plurality of badges carried by a plurality of people authorized to enter the building or physical space controlled by the access control system (Masood in Figs. 11a, 11b, 11c & 15a, 15b and para. [0073, 0087, 0097-0101 and/or 0108], disclose device(s) 20 which are part of an access control system that includes RFID readers (i.e., the RFID Antenna 54, and/or tag reader 752). The RFID readers are configured to detect and authenticate RFID tags (e.g., 604a, 604b, 750, etc.) carried by the workers/visitors who are trying to gain access through a locked door, the work building and/or work area).
Regarding claim 28, Masood as modified by Katz teaches the apparatus as in claim 21, Masood further teaches in which the facial recognition module includes a [[structured]] light source (Masood in para. [0070], As illustrated in Figs. 2-3, a scanner infrared illuminator board 48 that consists of an array of infrared LEDs 77 that are located on a transparent user interface 51 of the device 20, which is a portion of the front housing 40 of the device 20, and is used to properly illuminate the face of a subject with infrared light.).
Although, as disclosed above, Masood teaches” the facial recognition module includes a light source”. However, Masood fails to disclose but Katz further teaches a structured light source (Katz in Abstract & para. [0092], discloses that the depth camera system uses a structured light illuminator (e.g., a structured light source) and multiple sensors such as infrared light detectors, such as in a system which tracks the Motion of a user in a field of view. Any type of structured light can be used).
Thus, it would have been obvious to one ordinary skilled in the art before the effective filling date of the claimed invention to have modified “Masood’ by incorporating the above features, as taught by Katz, such modification would track a gesture and/or movement of a user in a field of view by utilizing the multiple sensors, such as infrared light detectors and structured light illuminator that illuminates a field of view with a pattern of structured light, of the depth camera system which visually monitors one or more people based on the captured, via infrared light detectors, gestures and/or movements of the user(s); Katz in Abstract & para. [0032 & 0034].
Regarding claims 31, 33-34 and 37-38, the claims are drawn to the method and have limitations similar to the apparatus claims 21, 23-24 and 27-28, respectively. Therefore, claims 31, 33-34 and 37-38 are rejected for the same reasons of anticipation (obviousness) as used above for the apparatus claims 21, 23-24 and 27-28, respectively.
Claim 22 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Masood et al. (US 2016/0239705 A1; hereinafter “Masood”) in view of Katz et al. (US 20120056982 A1, hereinafter “Katz”), and further in view of LIAO M (CN 109919007 A, hereinafter “Liao”).
Regarding claim 22, Masood as modified by Katz teaches the apparatus as in claim 21, Masood as modified by Katz fails to explicitly disclose but Liao teaches in which a field of view of the at least a visible light camera is greater than a field of view of the at least a sensor capable of detecting infrared light (Liao, PDF Page 1 (Abstract), discloses a visible light camera and an infrared camera for video shooting with a similar view of a same optical axis, where a field of view of the visible light camera is greater than a field of view of the infrared camera).
Thus, it would have been obvious to one ordinary skilled in the art before the effective filling date of the claimed invention to have modified the combination of “Masood- Katz’ by incorporating the above features, as taught by Liao, such modification would provide an enhanced technique in which position of imaging result of an object in the picture is obtained, when using a visible light camera and an infrared camera for video shooting with a similar view of a same optical axis, where a field of view of the visible light camera is greater than a field of view of the infrared camera; Liao (Abstract).
Regarding claim 32, the claim is drawn to a method and have limitations similar to the apparatus claim 22. Therefore, claim 32 is rejected for the same reasons of anticipation (obviousness) as used above for the apparatus claim 22.
Claim 25 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Masood et al. (US 2016/0239705 A1; hereinafter “Masood”) in view of Katz et al. (US 2012/0056982 A1, hereinafter “Katz”), and further in view of Ola Thorn (US 2016/0282937 A1, hereinafter “Thorn”).
Regarding claim 25, Masood as modified by Katz teaches the apparatus as in claim 21, Masood further teaches in which the facial recognition module includes at least one of [[an accelerometer and]] a proximity sensor (Masood in para. [0008] discloses that the biometric scanning device is configured to identify an individual based on the plurality of biometric templates and integrate with at least one of the following components: a radio frequency identification reader [...], one or more proximity sensors for detecting individuals entering or leaving the area, etc.).
However, Masood as modified by Katz fails to explicitly disclose but Thorn further teaches in which the facial recognition module includes at least one of an accelerometer (Thorn in para. [0040] discloses that the Gaze tracking mobile device 102 may include machine readable instructions and/or hardware components that enable gaze tracking (e.g., a video camera, an IR camera, accelerometers and a gyroscope (not shown in FIG. 1A-1C)). Fig. 2 and para. [0050] discloses a gaze tracking device 200 that includes sensors (e.g., accelerometers, gyroscopes, magnetometer, inertia-switch sensor, etc.). Fig. 3 and para. [0058] discloses that the motion sensor 314 of the device 200 may include an accelerometer, gyroscope, etc., that provides information regarding motion of the device 200).
Thus, it would have been obvious to one ordinary skilled in the art before the effective filling date of the claimed invention to have modified the combination of “Masood-Katz’ by incorporating the above features, as taught by Thorn, such modification would provide a motion sensor, such as accelerometer that may detect a position and/or motion of external objects, including the user, with regard to the gaze tracking device 200, and/or may detect planar movement towards or away from the device/face, and/or may detect planar movement sideways direction relative to phone/face, and/or may detect planar movement vertical direction relative to phone/face; Thorn in para. [0058-0065].
Regarding claim 35, the claim is drawn to a method and have limitations similar to the apparatus claim 25. Therefore, claim 35 is rejected for the same reasons of anticipation (obviousness) as used above for the apparatus claim 25.
Claim 26 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Masood et al. (US 2016/0239705 A1; hereinafter “Masood”) in view of Katz et al. (US 2012/0056982 A1, hereinafter “Katz”), and further in view of IZU NOBUYUKI (JP 2009181748 A, hereinafter “IZU”).
Regarding claim 26, Masood as modified by Katz teaches the apparatus as in claim 21, Masood as modified by Katz fails to explicitly disclose but IZU teaches in which an included angle between the front surface and the rear surface is approximately 30 degrees (IZU in pdf page 3 (9th paragraph), discloses that the inclination angle θ (acute angle, for example, 30 degrees) between the front surface 3 and the rear surface 4).
Thus, it would have been obvious to one ordinary skilled in the art before the effective filling date of the claimed invention to have modified the combination of “Masood- Katz’ by incorporating the above features, as taught by IZU, such modification would improve structure of the device that illuminates an object without increasing the number of LEDs to illuminate the object.; IZU.
Regarding claim 36, the claim is drawn to a method and have limitations similar to the apparatus claim 26. Therefore, claim 36 is rejected for the same reasons of anticipation (obviousness) as used above for the apparatus of claim 26.
Claim 29-30 and 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over Masood et al. (US 2016/0239705 A1; hereinafter “Masood”) in view of Katz et al. (US 20120056982 A1, hereinafter “Katz”), and further in view of Price Raymond (WO 2018132270 A1, hereinafter “Price”).
Regarding claim 29, Masood as modified by Katz teaches the apparatus as in claim 21, Masood further teaches in which the facial recognition module contains at least a visible light camera capable of capturing images (Masood, Figs. 3-4 and Para. [0069], discloses that the device 20 includes a camera board 46 comprising a visible light color camera 64 and an infrared camera 70 that contains a CCD/CMOS sensor 72, a focus lens 74, a visible-light-block/infrared-pass filter 76, and imaging stabilizing and preprocessing logic. Both cameras 64 and 70 are adjusted at an angle suitable for 3D imaging.).
Although, as disclosed above, Masood teaches “the facial recognition module contains at least a visible light camera capable of capturing images”. However, Masood fails to explicitly disclose but Katz teaches that the facial recognition module contains at least a visible light camera capable of capturing images [[that are at least 1080 by 720 pixels in size]] and at least a plurality of infrared light sensors, each of which is capable of capturing images [[that are at least 640 by 480 pixels in size]] (Katz in Figs. 1-2 and para. [0049], discloses that the depth camera system 20 may provide the depth information and images captured by, for example, the image sensors 24 and 29 (infrared sensors) and/or the RGB color camera 28).
Thus, it would have been obvious to one ordinary skilled in the art before the effective filling date of the claimed invention to have modified “Masood’ by incorporating the above features, as taught by Katz, such modification would track a gesture and/or movement of a user in a field of view by utilizing the multiple sensors, such as infrared light detectors and structured light illuminator that illuminates a field of view with a pattern of structured light, of the depth camera system which visually monitors one or more people based on the captured, via infrared light detectors, gestures and/or movements of the user(s) ; Katz in Abstract & para. [0032 & 0034].
Although, as disclosed above, Masood as modified by Katz teaches that “the facial recognition module contains at least a visible light camera capable of capturing images and at least a plurality of infrared light sensors, each of which is capable of capturing images”. However, Masood as modified by Katz fails to explicitly disclose but Price teaches at least a visible light camera capable of capturing images that are at least 1080 by 720 pixels in size (Price in para. [0028] discloses that one imaging sensor is capable of detecting visible light and can be a 1080p imaging sensor, providing visible image data that is approximately 1920 x 1080 pixels. (herein, 1080p “1920x1080 pixels” fulfills the minimum requirement of the claimed “at least 1080 by 720 pixels in size”)) and each of the infrared light sensor is capable of capturing images that are at least 640 by 480 pixels in size (Price in para. [0028] discloses that a second imaging sensor is a 640 x 480 pixels imaging sensor capable of detecting infrared light).
Thus, it would have been obvious to one ordinary skilled in the art before the effective filling date of the claimed invention to have modified the combination of “Masood-Katz’ by incorporating the above features, as taught by Price, in order to achieve a faster identification and verification process, such as by comparing and matching the extracted depth information from the images collected by the sensors to the images stored in a storage device; Price in para. [0005-0015].
Regarding claim 30, Masood as modified by Katz teaches the apparatus as in claim 21, Masood further teaches in which the facial recognition module contains at least an infrared light sensor capable of capturing images (Masood, Figs. 3-4 and Para. [0069], discloses that the device 20 includes a camera board 46 comprising a visible light color camera 64 and an infrared camera 70. Both cameras 64 and 70 are adjusted at an angle suitable for 3D imaging.).
Although, as disclosed above, Masood as modified by Katz teaches “the facial recognition module contains at least an infrared light sensor capable of capturing images”. However, Masood as modified by Katz fails to explicitly disclose but Price teaches an infrared light sensor capable of capturing images that are at least 640 by 480 pixels in size (Price in para. [0028] discloses that a second imaging sensor is a 640 x 480 pixels imaging sensor capable of detecting infrared light).
Thus, it would have been obvious to one ordinary skilled in the art before the effective filling date of the claimed invention to have modified the combination of “Masood-Katz’ by incorporating the above features, as taught by Price, in order to achieve a faster identification and verification process, such as by comparing and matching the extracted depth information from the images collected by the IR sensor to the images stored in a storage device; Price in para. [0005-0015].
Regarding claims 39-40, the claims are drawn to the method and have limitations similar to the apparatus claims 29-30, respectively. Therefore, claims 39-40 are rejected for the same reasons of anticipation (obviousness) as used above for the apparatus claims 29-30, respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALI CHEEMA, whose contact number is 571-272-1239 and email: ali.cheema@uspto.gov. The examiner can normally be reached on Monday-Friday: 8:00AM – 4:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eleni A. Shiferaw can be reached on 571-272-3867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALI H. CHEEMA/
Primary Examiner- AU 2497
Prosecution Insights