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 action is responsive to application filed on 11/14/2024. In the application, preliminary amendments filed on 10/16/2025 have been considered. In which,
claims 1-20 have been cancelled,
claims 21-40 have been added,
claims 21 and 31 are independent, and
claims 21-40 are rejected.
Specification
The use of the terms “Bluetooth” and “WiFi”, which is a trade name or a mark
used in commerce, has been noted in paragraphs [0017, 0023, 0130, 0155] of this application’s disclosure. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The lengthy specification has not been checked to the extent necessary to
determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
Drawings, filed on 11/14/2024, are objected to because of the following informalities:
In Fig. 1, labels for elements 100 thru 110 are missing.
In Fig. 5, labels for elements 502 thru 524 are missing.
In Fig. 6, labels for elements 100 thru 602 are missing.
In Figs. 44a-44c, labels for elements 4402 thru 4420 are missing.
In Fig. 45a, labels for elements 4502 thru 4512 are missing.
In Fig. 45b, labels for elements 4520 thru 4530 are missing.
In Fig. 46a, labels for elements 4602 thru 4610 are missing.
In Fig. 46b, label for element 4612 is missing.
In Fig. 47a, labels for elements 4702 and 4704 are missing.
In Fig. 47b, labels for elements 4706 thru 4722 are missing.
In Figs. 48a-48b, labels for elements 4802 thru 4818 are missing.
In Figs. 49a-49c, labels for elements 4902 thru 4918 are missing.
In Fig. 50, labels for elements 5002 thru 5010 are missing.
In Fig. 51, labels for elements 5102 thru 5110 are missing.
In Fig. 52, labels for elements 5204 thru 5216 are missing.
In Fig. 53, labels for elements 5302 thru 5306 are missing.
In Fig. 54, labels for elements 5404 are missing.
In Fig. 55, labels for elements 5502 thru 5510 are missing.
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
Claim(s) 21-40 are objected to because of the following informalities:
Claim 21 (in line 7) recites “such that” which is an intended use language as cited in the MPEP 2173.05 Section (d) that should be removed. Appropriate correction is required.
Claim 21 (in line 10) recites “a visible light camera” which should be corrected and read as “[[a]] the visible light camera”, since the claim 21 in lines 3-4 already recites “a visible light camera”. Appropriate correction is required.
Claim 21 (in Line 14) recites “a building”, which should be corrected and read as “[[a]] the building”, since the claim 21 in line 1 already recites a building. Appropriate correction is required.
Claim 24 (in lines 1-2) recites “a visible light camera” which should be corrected and read as “[[a]] the visible light camera”, since the term “a visible light camera” has already been recited in lines 3-4 of the independent claim 21 on which claim 24 depends-on. Appropriate correction is required.
Claim 29 (in line 2) recites “a visible light camera” which should be corrected and read as “[[a]] the visible light camera”, since the term “a visible light camera” has already been recited in lines 3-4 of the independent claim 21 on which claim 29 depends-on. Appropriate correction is required.
Claims 31, 34 and 39, the claims are objected for the same reasons as mentioned above for claims 21, 24 and 29, respectively.
Claims 22-30 (in line 1) recite “The apparatus as in claim 21 in which ...” which should be corrected and read as “The apparatus as in claim 21, in which...”. Appropriate correction is required.
Claims 32-40 (in line 1) recite “The method as in claim 31 in which...” which should be corrected and read as “The method as in claim 31, in which ...”. Appropriate correction is required.
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, 23-25, 27-31, 33-35 and 37-40 are rejected under 35 U.S.C. 103 as being unpatentable over Masood et al. (US 2016/0239705 A1; hereinafter “Masood”) in view of Madzhunkov et al. (US 20190147676 A1, hereinafter “Madzhunkov”).
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, such that 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 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 a building (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 Madzhunkov teaches at least a facial recognition module comprising at least a plurality of sensors capable of detecting infrared light (Madzhunkov in para. [0129 and 0203], Infrared sensors xxx are capable of capturing potential entrant 2302 with sufficient resolution. FIG. 10 illustrates how an embodiment of the access point sensor module may be used to capture infrared structured light imaging of a person seeking entry. Infrared laser projector 504 projects an array of lines or points 1002 (structured light) over an area that roughly corresponds to the field of view of infrared sensors 506a and 506b, and that includes the face being analyzed. The structured light projected by infrared laser projector 504 appears different to each of infrared sensors 506a and 506b, much as our two eyes perceive the visible light as it falls on objects differently. In another example embodiment, as illustrated in Fig. 15 and para. [0158], the IR sensors 506a and 506b captures the effect of IR light in a facial recognition system. And/or see also claims 8 or 18, discloses that the facial recognition module contains a plurality of infrared light sensors, each of which is capable of capturing images that are at least 640 by 480 pixels in size.),
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 Madzhunkov, such modification would provide a system/method for controlling access to a building or other restricted physical spaces based on biometric/facial recognition by using at least a facial recognition module that includes at least a camera and sensors capable of capturing images of the objects; Madzhunkov (Abstract).
Regarding claim 23, Masood as modified by Madzhunkov 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 Madzhunkov 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 25, Masood as modified by Madzhunkov 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 fails to explicitly disclose but Madzhunkov further teaches in which the facial recognition module includes at least one of an accelerometer (Madzhunkov in para. [0111] discloses that the facial recognition module 500 may also contain anti-tampering components 522, which may comprise accelerometers, light sensors, temperature sensors or other means for detecting movement, etc.).
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 Madzhunkov, such modification would provide a system/method for controlling access to a building or other restricted physical spaces based on biometric/facial recognition by using at least a facial recognition module that includes at least a camera and sensors capable of capturing images of the objects; Madzhunkov (Abstract).
Regarding claim 27, Masood as modified by Madzhunkov 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 Madzhunkov 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 Madzhunkov further teaches a structured light source (Madzhunkov in para. [0011 and 0129], discloses a structures light that is the process of projecting a known pattern, such as a grid of lines or dots onto the object, such as a face, to be analyzed. Such patterns may be projected with a laser, which could use visible light, infrared light, or another signal. FIG. 10 illustrates how an embodiment of the access point sensor module may be used to capture infrared structured light imaging of a person seeking entry [...]. Because the two infrared sensors are separated from each other and from the structured light source by a distance, which can be as small as a few millimeters, or as wide as a foot or more, the structured light projected by infrared laser projector 504 appears different to each of infrared sensors 506a and 506b, much as our two eyes perceive the visible light as it falls on objects differently.).
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 Madzhunkov, such modification would provide a system/method for controlling access to a building or other restricted physical spaces based on biometric/facial recognition by using at least a facial recognition module that includes at least a camera and sensors capable of capturing images of the objects; Madzhunkov (Abstract).
Regarding claim 29, Masood as modified by Madzhunkov 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 Madzhunkov 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 (Madzhunkov in claim 9 or claim 19, discloses 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.).
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 Madzhunkov, such modification would provide a system/method for controlling access to a building or other restricted physical spaces based on biometric/facial recognition by using at least a facial recognition module that includes at least a camera and sensors capable of capturing images of the objects; Madzhunkov (Abstract).
Regarding claim 30, Masood as modified by Madzhunkov 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 teaches “the facial recognition module contains at least an infrared light sensor capable of capturing images”. However, Masood fails to explicitly disclose but Madzhunkov teaches an infrared light sensor capable of capturing images that are at least 640 by 480 pixels in size (Madzhunkov in claim 7 or claim 17, discloses that the facial recognition module contains at least an infrared light sensor capable of capturing images that are at least 640 by 480 pixels in size.).
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 Madzhunkov, such modification would provide a system/method for controlling access to a building or other restricted physical spaces based on biometric/facial recognition by using at least a facial recognition module that includes at least a camera and sensors capable of capturing images of the objects; Madzhunkov (Abstract).
Regarding claims 31, 33-35 and 37-40, the claims are drawn to the method and have limitations similar to the apparatus claims 21, 23-25 and 27-30, respectively. Therefore, claims 31, 33-35 and 37-40 are rejected for the same reasons of anticipation (obviousness) as used above for the apparatus claims 21, 23-25 and 27-30, 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 Madzhunkov et al. (US 20190147676 A1, hereinafter “Madzhunkov”), and further in view of LIAO M (CN 109919007 A, hereinafter “Liao”).
Regarding claim 22, Masood as modified by Madzhunkov teaches the apparatus as in claim 21 Masood as modified by Madzhunkov 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- Madzhunkov’ 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 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 Madzhunkov et al. (US 20190147676 A1, hereinafter “Madzhunkov”), and further in view of IZU NOBUYUKI (JP 2009181748 A, hereinafter “IZU”).
Regarding claim 26, Masood as modified by Madzhunkov teaches the apparatus as in claim 21 Masood as modified by Madzhunkov 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- Madzhunkov’ by incorporating the above features, as taught by Takemoto, 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 claim 26.
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