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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
FINAL ACTION
This action is in response to applicant’s claim amendment(s) submitted on 08/10/2026. Claims 1, 8 and 17 are amended. Claims 1-20 are pending.
Response to Arguments
Examiner’s Remarks - Specification (Abstract)
The examiner withdraws the objection in view of applicant’s Abstract amendment.
Examiner’s Remarks - 35 USC § 103 – Independent claims 1, 8 and 17
The examiner notes that the applicant has amended each independent claim to recite similar claim feature(s) to the following: “converting, by the first data processor, the image data to first numerical data; accessing, by the first data processor, second numerical data stored in the memory of the user device; comparing, by the first data processor, the first numerical data to the second numerical data; determining, by the first data processor based on the comparison, that the first numerical data matches the second numerical data”. The examiner notes that the applicant is now alleging a deficiency on the part of the cited prior art. In view of the new claim amendment(s) the examiner introduces the teachings of prior art reference Kadam et al. (US Patent Publication No. 2021/0191365) to the record. The examiner notes that Kadam discloses converting image data into numerical data. See rejection below.
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) 1-5, 7-10 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over DAEDALUS (WO 2022067296 A1) in view of Carter et al. (US Patent Publication No. 2020/0059754 and Carter hereinafter) and further in view of Kadam et al. (US Patent Publication No. 2021/0191365 and Kadam hereinafter).
As to claims 1 and 8, DAEDALUS teaches a method comprising:
the image data obtained while a user is viewing the portable device (i.e., …teaches in par. 0062 the following: “to ensure that the OFC 234 is looking at the correct device, the companion device 200 can display a unique background image or display a dynamic sync background. In some examples, to establish a “hand-shake” between the correct devices, one or more fiducial markers can be displayed on either the smart glasses 100c or companion device 200. The markers can be in the visible or non-visible spectrum, or pulsing light in a unique pattern, such that the devices can detect and recognize each other. In some examples, the smart glasses 100c can detect the companion device 200, or vice versa, in response to receiving a message or signal from using an electronic communication protocol, such as those discussed above with reference to FIG. 1.”. ..teaches in par. 0061 the following: “the smart glasses 100c and/or the companion device 200 can include proximity sensors that are programmed to transmit a signal in response to the companion device 200 being brought within less than 3 feet of the smart glasses 100c.” …. Teaches in par. 0061 the following: “the OFC 234 and/or UFC 238 can activate in response to a vision system or facial recognition system of the companion device 200 at least partially recognizing a face. In some examples, the companion device 200 must establish at least a partial match (e.g., 40-80%) of the authorized user’s face before signaling to the smart glasses 100c to activate the OFC 234 and/or UFC 238.”. …teaches in par. 0062 the following: “the smart glasses 100c can detect the companion device 200, or vice versa, in response to receiving a message or signal from using an electronic communication protocol, such as those discussed above with reference to FIG. 1.” …teaches in par. 0065 the following: “Upon determining a location and/or orientation of the companion device 200 relative to the smart glasses 100c, represented by vectors 243, the gaze 241 of the user can be determined and compared with the vectors 243 to determine whether the orientation of the user’s gaze 241 is directed at the companion device 200. The gaze 241 of the user can be determined using the UFC 238. In some examples, the gaze 241 is determined in response to the companion device 200 being within a predetermined proximity of the smart glasses 100c. In some examples, the smart glasses 100c can detect the orientation of the gaze when the companion device 200 recognizes the user’ s face via facial recognition software of the companion device 200.”. …teaches in par. 0067 the following: “in which the user is looking at the companion device 200. In response to determining or detecting that the orientation of the user’ s gaze 241 is within a predetermined degree threshold of the location of the companion device 200, it can be determined that the user is looking at the companion device 200, indicating that the user desires to unlock the companion device 200.” …teaches in par. 0074 the following: “a request to authenticate the companion device can result from facial recognition software on the companion device being activated and completing a partial match of the user’ s face, and the wearable device detects the companion device in response to the requested authentication on the companion device.”. …teaches in par. 0073 the following: “the wearable device can detect the companion device in response to analyzing data received from a sensor of the wearable device, such as the outward facing camera (OFC) 234 discussed above, which can capture one or more images of the environment of the wearable device. The wearable device can analyze the image, or images, to identify the content corresponding to the companion device and can identify a location and orientation of the companion device based on the image analysis and video tracking algorithms.” …teaches in par. 0081 the following: “The status determination of the companion device can indicate that the companion device is in a locked state. The wearable device can receive a message or signal via an electronic communication protocol indicating that the companion device is receptive to receiving authentication data, such as a signal indicating that the companion device awaiting login or unlock information”. …teaches in par. 0081 the following: “The authentication data can include secure authentication credential data associated with the user. The secure authentication credential data can include information uniquely identifying the user or a user account associated with the user, such as a username, or a unique token associated with the user. The user identification data can be sent in secure or unsecure form. The secure authentication credential data can include user identity verification data, such as user password data or a token representing the user password data. The user identify verification data can be sent in secure form.”. ……. Teaches in par. 0061 the following: “the OFC 234 and/or UFC 238 can activate in response to a vision system or facial recognition system of the companion device 200 at least partially recognizing a face. In some examples, the companion device 200 must establish at least a partial match (e.g., 40-80%) of the authorized user’s face before signaling to the smart glasses 100c to activate the OFC 234 and/or UFC 238.);
and responsive to the determining, transmitting, by the user device to the portable device via a short-range communication protocol, an instruction to unblock the portable device (i.e., …teaches in par. 0061 the following: “the companion device 200 must establish at least a partial match (e.g., 40-80%) of the authorized user’s face before signaling to the smart glasses 100c to activate the OFC 234 and/or UFC 238.”. …teaches in par. 0011 the following: “providing a signal from the primary device to the secondary device in response to determining that the gaze direction is oriented toward the position of the secondary device.” …teaches in par. 0027 the following: “a user wearing a head-mounted device with IR filters desires to unlock a companion device, such as a smartphone or tablet,” …teaches in par. 0028 the following: “If it is determined that the user is looking at the companion device, the headmounted device can transmit a signal to the companion device. The signal can contain informational data. For example, the head-mounted device can provide authentication credentials to unlock the companion device.”.).
The system of DAEDALUS does not explicitly teach:
receiving, by a user device comprising a first data processor, a memory storing portable device information, and a first transceiver coupled to the first data processor, image data associated with a portable device, the portable device comprising a second data processor and a second transceiver.
In this instance the examiner notes the teachings of prior art reference Carter.
Carter teaches in par. 0014 the following: “the first portable electronic device may include a first transceiver configured for communicating with at least one second transceiver associated with the at least one second portable electronic device”. Carter teaches in par. 0047 the following: “a first portable electronic device 100 facilitating a proximity based interaction with at least one second portable electronic device 102, in accordance with some embodiments. Further, the proximity based interaction, in an instance, may be near field communication (such as transfer of a digital asset) between the first portable electronic device 100 and the at least one second portable electronic device 102. Further, the digital asset, in an instance, may include any digital data such as (but not limited to) a textual content, Patterns, a visual content, an audio content, an audiovisual content, and so on. In some embodiments, at least one of the first portable electronic device 100 and the at least one second portable electronic device 102 may be a wearable electronic device. … Illustrates in figure 2, the following: a device comprising a first data processor, a memory and a first transceiver coupled to the first data processor. Further illustrates in figure 2 the following: a portable device comprising a second data processor and a second transceiver.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to implement the teachings of DAEDALUS with the teachings of Carter by having their system comprise an enhanced communication establishing protocol process. One would have been motivated to do so to provide simple and effective means to communicate between devices, wherein the enhanced communication establishing protocol process helps facilitate communication security and makes it easier for devices to communicate.
The system of DAEDALUS and Carter does not explicitly teach:
converting, by the first data processor, the image data to first numerical data;
accessing, by the first data processor, second numerical data stored in the memory of the user device; comparing, by the first data processor, the first numerical data to the second numerical data; determining, by the first data processor based on the comparison, that the first numerical data matches the second numerical data,
determining, by the first data processor based on the comparison, that the first numerical data matches the second numerical data stored in the memory.
In this instance the examiner notes the teaching of prior art reference Kadam.
With regards to applicant’s claim limitation element of, “converting, by the first data processor, the image data to first numerical data; accessing, by the first data processor, second numerical data stored in the memory of the user device; comparing, by the first data processor, the first numerical data to the second numerical data; determining, by the first data processor based on the comparison, that the first numerical data matches the second numerical data”, Kadam teaches as part of his claim 1 claim element(s) the following: “receiving the images of the non-sensible process condition with a computer system; converting each image into a corresponding numeric value with a machine learning model stored in and operable by the computer system; receiving and comparing the corresponding numeric value to a predetermined numeric value for the non-sensible process condition with a closed-loop controller…adjusting operation of the industrial process when the corresponding numeric value fails to match the predetermined numeric value or is outside of a defined threshold near the predetermined numeric value”.
With regards to applicant’s claim limitation element of, “determining, by the first data processor based on the comparison, that the first numerical data matches the second numerical data stored in the memory”, Kadam teaches as part of his claim 1 claim element(s) the following: “receiving the images of the non-sensible process condition with a computer system; converting each image into a corresponding numeric value with a machine learning model stored in and operable by the computer system; receiving and comparing the corresponding numeric value to a predetermined numeric value for the non-sensible process condition with a closed-loop controller…adjusting operation of the industrial process when the corresponding numeric value fails to match the predetermined numeric value or is outside of a defined threshold near the predetermined numeric value”.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to implement the teachings of DAEDALUS and Carter with the teachings of Kadam by having their system comprise an enhanced image analysis process. One would have been motivated to do so to provide simple and effective means to communicate between devices, wherein the enhanced image analysis process helps facilitate data analysis and makes it easier process image related data.
As to claim 2, the system of DAEDALUS, Carter and Kadam as applied to claim 1 above teaches a portable device system, specifically DAEDALUS teaches a method of claim 1, wherein the portable device is a card with a credential printed on a surface of the card (i.e., …teaches in par. 0062 the following: “the companion device 200 can display a unique background image or display a dynamic sync background. In some examples, to establish a “hand-shake” between the correct devices, one or more fiducial markers can be displayed on either the smart glasses 100c or companion device 200.”).
As to claim 3, the system of DAEDALUS, Carter and Kadam as applied to claim 1 above teaches a portable device system, specifically DAEDALUS teaches a method of claim 1, wherein the data obtained while the user is viewing the portable device is processed to generate the same information received from the portable device and confirm a match (i.e., ..teaches in par. 0061 the following: “the smart glasses 100c and/or the companion device 200 can include proximity sensors that are programmed to transmit a signal in response to the companion device 200 being brought within less than 3 feet of the smart glasses 100c.” …. Teaches in par. 0061 the following: “the OFC 234 and/or UFC 238 can activate in response to a vision system or facial recognition system of the companion device 200 at least partially recognizing a face. In some examples, the companion device 200 must establish at least a partial match (e.g., 40-80%) of the authorized user’s face before signaling to the smart glasses 100c to activate the OFC 234 and/or UFC 238.”).
As to claim 4, the system of DAEDALUS, Carter and Kadam as applied to claim 1 above teaches a portable device system, specifically DAEDALUS teaches a method of claim 1, wherein the instruction is an instruction to unlock the portable device (i.e., ……teaches in par. 0081 the following: “The status determination of the companion device can indicate that the companion device is in a locked state. The wearable device can receive a message or signal via an electronic communication protocol indicating that the companion device is receptive to receiving authentication data, such as a signal indicating that the companion device awaiting login or unlock information” …teaches in par. 0006 the following: “The companion device can have a locked state and an unlocked state. The signal can include authentication credentials to change the companion device from the locked state to the unlocked state.”),
so that the portable device can be used to obtain a resource from a resource provider (i.e., …teaches in par. 0007 the following: “a restricted- access function of the companion device can be inaccessible by the user in the locked state, and the restricted- access function of the companion device can be accessible by the user in the unlocked state.”).
As to claim 5, the system of DAEDALUS, Carter and Kadam as applied to claim 1 above teaches a portable device system, specifically DAEDALUS expressly teach a method of claim 1, wherein the user device is a pair of smart glasses (i.e., …teaches in par. 0051 the following: “the companion device 200 can be unlocked through an already authorized secondary device, such as a smart glasses, for example using the systems and methods discussed herein.”) and the data associated with the portable device comprises image data received by the smart glasses when the user is viewing the portable device (i.e., …teaches in par. 0062 the following: “In order to ensure that the OFC 234 is looking at the correct device, the companion device 200 can display a unique background image or display a dynamic sync background.”).
As to claim 7, the system of DAEDALUS, Carter and Kadam as applied to claim 1 above teaches a portable device system, specifically DAEDALUS teaches a method of claim 1, further comprising: receiving, by the user device, the portable device information from the portable device over the short-range communication protocol (i.e., …teaches in par. 0072 the following: “The wearable device can receive the message or signal via a radio-based wireless electronic communication medium, such as wireless Ethernet, Bluetooth, or NFC. In some examples, the wearable device can receive the message or signal via a light-based electronic communication medium, such as infrared.”);
and storing, by the user device, the portable device information to the memory of the user device (i.e., …teaches in par. 0072 the following: “The wearable device can receive the message”).
As to claim 9, the system of DAEDALUS, Carter and Kadam as applied to claim 8 above teaches a portable device system, specifically DAEDALUS teaches a user device of claim 8, wherein the user device is a pair of smart glasses (i.e., …teaches in par. 0051 the following: “the companion device 200 can be unlocked through an already authorized secondary device, such as a smart glasses, for example using the systems and methods discussed herein.”).
As to claim 10, the system of DAEDALUS, Carter and Kadam as applied to claim 8 above teaches a portable device system, specifically DAEDALUS teaches a user device of claim 9, wherein the data associated with the portable device comprises image data received by the smart glasses when the user is viewing the portable device (i.e., …teaches in par. 0062 the following: “In order to ensure that the OFC 234 is looking at the correct device, the companion device 200 can display a unique background image or display a dynamic sync background.” …teaches in par. 0067 the following: “In response to determining or detecting that the orientation of the user’ s gaze 241 is within a predetermined degree threshold of the location of the companion device 200, it can be determined that the user is looking at the companion device 200, indicating that the user desires to unlock the companion device 200. In some examples, the smart glasses 100c determine that the user is looking at the companion device 200 if the gaze 241 is within 5 degrees of any portion of the companion device 200. In some examples, the smart glasses 100c determine that the user is looking at the companion device 200 if the gaze 241 is within 1 degree of any portion of the companion device 200. In some examples, the system requires the gaze 241 of the user to be directed at the companion device 200 for a minimum duration of time before unlocking the companion device 200. This can prevent the companion device 200 from being unlocked due to a mere passing glance. In some examples, the gaze must be directed at the companion device 200 for more than 1 second before the user is considered to be looking at the companion device 200. In some examples, the gaze must be directed at the companion device 200 for more than 0.5 seconds before the user is considered to be looking at the companion device 200. In some examples, the system requires the gaze 241 of the user to stop or come to rest on the companion device 200 before unlocking the companion device.”).
As to claim 13, the system of DAEDALUS, Carter and Kadam as applied to claim 8 above teaches a portable device system, specifically DAEDALUS teaches a user device of claim 8, wherein the data obtained while the user is viewing the portable device is processed to generate the same information received from the portable device and confirm a match (i.e., ..teaches in par. 0061 the following: “the smart glasses 100c and/or the companion device 200 can include proximity sensors that are programmed to transmit a signal in response to the companion device 200 being brought within less than 3 feet of the smart glasses 100c.” …. Teaches in par. 0061 the following: “the OFC 234 and/or UFC 238 can activate in response to a vision system or facial recognition system of the companion device 200 at least partially recognizing a face. In some examples, the companion device 200 must establish at least a partial match (e.g., 40-80%) of the authorized user’s face before signaling to the smart glasses 100c to activate the OFC 234 and/or UFC 238.”).
As to claim 14, the system of DAEDALUS, Carter and Kadam as applied to claim 8 above teaches a portable device system, specifically DAEDALUS teaches a user device of claim 8, wherein the instruction is an instruction to unlock the portable device (i.e., ……teaches in par. 0081 the following: “The status determination of the companion device can indicate that the companion device is in a locked state. The wearable device can receive a message or signal via an electronic communication protocol indicating that the companion device is receptive to receiving authentication data, such as a signal indicating that the companion device awaiting login or unlock information” …teaches in par. 0006 the following: “The companion device can have a locked state and an unlocked state. The signal can include authentication credentials to change the companion device from the locked state to the unlocked state.”),
so that the portable device can be used to obtain a resource from a resource provider (i.e., …teaches in par. 0007 the following: “a restricted- access function of the companion device can be inaccessible by the user in the locked state, and the restricted- access function of the companion device can be accessible by the user in the unlocked state.”).
As to claim 15, the system of DAEDALUS, Carter and Kadam as applied to claim 8 above teaches a portable device system, specifically DAEDALUS teaches a user device of claim 8, wherein the portable device is a card with a credential printed on a surface of the card (i.e., …teaches in par. 0062 the following: “the companion device 200 can display a unique background image or display a dynamic sync background. In some examples, to establish a “hand-shake” between the correct devices, one or more fiducial markers can be displayed on either the smart glasses 100c or companion device 200.”).
As to claim 16, the system of DAEDALUS, Carter and Kadam as applied to claim 8 above teaches a portable device system, specifically DAEDALUS teaches a user device of claim 8, the instructions further executable by the first data processor for: receiving the portable device information from the portable device over the short-range communication protocol (i.e., …teaches in par. 0072 the following: “The wearable device can receive the message or signal via a radio-based wireless electronic communication medium, such as wireless Ethernet, Bluetooth, or NFC. In some examples, the wearable device can receive the message or signal via a light-based electronic communication medium, such as infrared.”);
and storing the portable device information to the memory of the user device (i.e., …teaches in par. 0072 the following: “The wearable device can receive the message”).
Claim(s) 6, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over DAEDALUS and Carter in view of Kadam as applied to claims 1 and 8 above, and further in view of Billings et al. (US Patent Publication No. 2019/0329364 and Billings hereinafter).
As to claim 6, the system of DAEDALUS, Carter and Kadam as applied to claim 1 above teaches a portable device system, specifically neither reference expressly teaches a method of claim 1, wherein the user device is a neural implant in the user of the user device and the information obtained by the user device associated with the portable device comprises electrical data received by the neural implant when the user is viewing the portable device
In this instance the examiner notes the teachings of prior art reference Billings.
Billings teaches in par. 0026 the following: “the assistance feedback device, according to some example embodiments, may be any device, whether implanted or external to the body, which operates to provide visual information to optical sensory biologic systems of the body (e.g., the eye, retina, optic nerve, visual cortex of the brain, lateral geniculate nuclei (LGN), or the like). Such assistance feedback devices may have an associated field of view and visual information may be provided within a spatial context relative to the within the field of view. Examples of assistance feedback devices may include visual prostheses such as, for example, a retinal prosthesis, a neural prosthesis, a cortical implant, a heads up display (HUD), a head mounted display (HMD) or optical head mounted display (OHMD) comprising, for example, image rendering goggles or glasses, or the like.”.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the of the claimed invention was made to implement the teachings of DAEDALUS, Carter and Kadam with the teachings of Billings by having their system comprise an enhanced optical assistance process. One would have been motivated to do so to provide a simple and effective means for analyzing visual imagery data, wherein the enhanced optical assistance process helps facilitate the transmittal of visual data and makes it easier to acquire optical data.
As to claim 11, the system of DAEDALUS, Carter and Kadam as applied to claim 8 above teaches a portable device system, specifically neither reference expressly teaches a user device of claim 8, wherein the user device is a neural implant in the user of the user device.
In this instance the examiner notes the teachings of prior art reference Billings.
Billings teaches in par. 0026 the following: “the assistance feedback device, according to some example embodiments, may be any device, whether implanted or external to the body, which operates to provide visual information to optical sensory biologic systems of the body (e.g., the eye, retina, optic nerve, visual cortex of the brain, lateral geniculate nuclei (LGN), or the like). Such assistance feedback devices may have an associated field of view and visual information may be provided within a spatial context relative to the within the field of view. Examples of assistance feedback devices may include visual prostheses such as, for example, a retinal prosthesis, a neural prosthesis, a cortical implant, a heads up display (HUD), a head mounted display (HMD) or optical head mounted display (OHMD) comprising, for example, image rendering goggles or glasses, or the like.”.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the of the claimed invention was made to implement the teachings of DAEDALUS, Carter and Kadam with the teachings of Billings by having their system comprise an enhanced optical assistance process. One would have been motivated to do so to provide a simple and effective means for analyzing visual imagery data, wherein the enhanced optical assistance process helps facilitate the transmittal of visual data and makes it easier to acquire optical data.
As to claim 12, the system of DAEDALUS, Carter and Kadam as applied to claim 11 above teaches a portable device system, specifically neither reference expressly teaches a user device of claim 11, wherein the information obtained by the user device associated with the portable device comprises electrical data received by the neural implant when the user is viewing the portable device.
In this instance the examiner notes the teachings of prior art reference Billings.
Billings teaches in par. 0026 the following: “the assistance feedback device, according to some example embodiments, may be any device, whether implanted or external to the body, which operates to provide visual information to optical sensory biologic systems of the body (e.g., the eye, retina, optic nerve, visual cortex of the brain, lateral geniculate nuclei (LGN), or the like). Such assistance feedback devices may have an associated field of view and visual information may be provided within a spatial context relative to the within the field of view. Examples of assistance feedback devices may include visual prostheses such as, for example, a retinal prosthesis, a neural prosthesis, a cortical implant, a heads up display (HUD), a head mounted display (HMD) or optical head mounted display (OHMD) comprising, for example, image rendering goggles or glasses, or the like.”.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the of the claimed invention was made to implement the teachings of DAEDALUS, Carter and Kadam with the teachings of Billings by having their system comprise an enhanced optical assistance process. One would have been motivated to do so to provide a simple and effective means for analyzing visual imagery data, wherein the enhanced optical assistance process helps facilitate the transmittal of visual data and makes it easier to acquire optical data.
Claim(s) 17- 20 are rejected under 35 U.S.C. 103 as being unpatentable over DAEDALUS in view of WEI (WO2019/243078) and further in view of Kadam.
As to claim 17, DAEDALUS teaches a method comprising:
periodically receiving, by a portable device from a user device over a short range communication protocol, a signal indicating proximity of the devices (i.e., …teaches in par. 0072 the following: “The wearable device can receive the message or signal via a radio-based wireless electronic communication medium, such as wireless Ethernet, Bluetooth, or NFC. In some examples, the wearable device can receive the message or signal via a light-based electronic communication medium, such as infrared.” …teaches in par. 0072 the following: “the wearable device can receive the message or signal in response to emitting a device proximity detection signal or message via the same or a different electronic communication medium”);
receiving, by the portable device, an indication that the user device has verified that image data associated with the portable device is within a field of view of a user of the user device (i.e., …teaches in par. 0062 the following: “Once activated, the OFC 234 can locate the position of the companion device 200. In some examples, detecting a position of the companion device 200 includes using the OFC 234 to locate the companion device 200 in 3D space using video tracking (VIO) algorithms. In some examples, the location of the companion device 200 relative to the smart glasses 100c or user can be determined by the vision system of the companion device 200. [0063] In order to ensure that the OFC 234 is looking at the correct device, the companion device 200 can display a unique background image or display a dynamic sync background. In some examples, to establish a “hand-shake” between the correct devices, one or more fiducial markers can be displayed on either the smart glasses 100c or companion device 200. The markers can be in the visible or non-visible spectrum, or pulsing light in a unique pattern, such that the devices can detect and recognize each other. In some examples, the smart glasses 100c can detect the companion device 200, or vice versa, in response to receiving a message or signal from using an electronic communication protocol, such as those discussed above with reference to FIG. 1”);
and based on receiving the indication (i.e., …teaches in par. 0064 the following: “the smart glasses 100c can determine, by the OFC 234, that a display of the companion device 200, or a portion thereof, is visible to the user…” …teaches in par. 0067 the following: “the smart glasses 100c determine that the user is looking at the companion device 200”).
modifying the bit to allow the one or more functions of the portable device (i.e., …teaches in par. 0066 the following: “various user authentication protocols may require that the user be looking at the device to unlock or to perform some action.” ……teaches in par. 0068 the following: “user authentication is based on detection of a paired companion device and a determination that a display of the companion device is visible to the user.” The examiner notes that once authentication is successful, then more functions of the device are available. Teaches in par. 0074 the following: “the wearable device can detect the companion device in response to receiving data from the companion device indicating a request to unlock the companion device”.).
DAEDALUS does not expressly teach:
determining, by the portable device, that the signal is not received from the portable device in a threshold period;
responsive to the determining, modifying a bit on the portable device to block one or more functions of the portable device.
In this instance the examiner notes the teachings of prior art reference WEI.
With regards to applicant’s claim limitation element of, “determining, by the portable device, that the signal is not received from the portable device in a threshold period”, teaches on pg. 15 lines 15-25 the following: “controller circuitry is configured in combination with the transceiver circuitry to determine that a quality of signals transmitted to or received from one or more of the communications devices has fallen below a second threshold quality of signals,”.
With regards to applicant’s claim limitation element of, “responsive to the determining, modifying a bit on the portable device to block one or more functions of the portable device”, teaches on pg. 15 lines 15-25 the following: “change the playback time in response to determining that the quality of signals transmitted to or received from the one or more of the communications devices has fallen below the second threshold”.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to implement the teachings of DAEDALUS with the teachings of WEI by having their system comprise an enhanced function access process. One would have been motivated to do so to provide a simple and effective means to control device function access, wherein the enhanced function access process helps facilitate device security and makes it easier to configure devices for access control.
The system of DAEDALUS and WEI does not expressly teach:
wherein the indication is received responsive to the user device comparing the image data to first numerical data and determining that the first numerical data matches second stored numerical data.
In this instance the examiner notes the teaching of prior art reference Kadam.
Kadam teaches as part of his claim 1 claim element(s) the following: “receiving the images of the non-sensible process condition with a computer system; converting each image into a corresponding numeric value with a machine learning model stored in and operable by the computer system; receiving and comparing the corresponding numeric value to a predetermined numeric value for the non-sensible process condition with a closed-loop controller…adjusting operation of the industrial process when the corresponding numeric value fails to match the predetermined numeric value or is outside of a defined threshold near the predetermined numeric value”.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to implement the teachings of DAEDALUS and WEI with the teachings of Kadam by having their system comprise an enhanced image analysis process. One would have been motivated to do so to provide simple and effective means to communicate between devices, wherein the enhanced image analysis process helps facilitate data analysis and makes it easier process image related data.
As to claim 18, the system of DAEDALUS, WEI and Kadam as applied to claim 17 above teaches a portable device system, specifically DAEDALUS teaches a method of claim 17, wherein: the user device comprises a first data processor and a first transceiver coupled to the first data processor, and the portable device comprising a second data processor and a second transceiver.
In this instance the examiner notes the teachings of prior art reference WEI.
With regards to applicant’s claim limitation element of, “wherein: the user device comprises a first data processor and a first transceiver coupled to the first data processor”, teaches on pg. 4 lines 25-30 the following: “ Each distributed unit 22, 24 includes transceiver circuitry 22a, 24a for transmission and reception of wireless signals and processor circuitry 22b, 24b configured to control the respective distributed units 22, 24.”.
With regards to applicant’s claim limitation element of, “and the portable device comprising a second data processor and a second transceiver”, teaches in pg. 4 lines 25-30 the following: “Each distributed unit 22, 24 includes transceiver circuitry 22a, 24a for transmission and reception of wireless signals and processor circuitry 22b, 24b configured to control the respective distributed units 22, 24.”.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to implement the teachings of DAEDALUS with the teachings of WEI by having their system comprise an enhanced function access process. One would have been motivated to do so to provide a simple and effective means to control device function access, wherein the enhanced function access process helps facilitate device security and makes it easier to configure devices for access control.
As to claim 19, the system of DAEDALUS, WEI and Kadam as applied to claim 17 above teaches a portable device system, specifically DAEDALUS teaches a method of claim 17,wherein:the portable device is a card with a credential printed on a surface of the card (i.e., …teaches in par. 0062 the following: “the companion device 200 can display a unique background image or display a dynamic sync background. In some examples, to establish a “hand-shake” between the correct devices, one or more fiducial markers can be displayed on either the smart glasses 100c or companion device 200. The markers can be in the visible or non-visible spectrum, or pulsing light in a unique pattern, such that the devices can detect and recognize each other. In some examples, the smart glasses 100c can detect the companion device 200, or vice versa, in response to receiving a message or signal from using an electronic communication protocol, such as those discussed above with reference to FIG. 1”) , and the user device confirms the credential viewed by the user to verify that the data associated within the field of view of the user (i.e., …teaches in par. 0062 the following: “the companion device 200 can display a unique background image or display a dynamic sync background. In some examples, to establish a “hand-shake” between the correct devices, one or more fiducial markers can be displayed on either the smart glasses 100c or companion device 200. The markers can be in the visible or non-visible spectrum, or pulsing light in a unique pattern, such that the devices can detect and recognize each other. In some examples, the smart glasses 100c can detect the companion device 200, or vice versa, in response to receiving a message or signal from using an electronic communication protocol, such as those discussed above with reference to FIG. 1”).
As to claim 20, the system of DAEDALUS, WEI and Kadam as applied to claim 17 above teaches a portable device system, specifically DAEDALUS teaches a method of claim 17, wherein the user device comprises one of: a pair of smart glasses, wherein the data associated with the portable device comprises image data received by the smart glasses when the user is viewing the portable device; or a neural implant in the user of the user device, wherein the data obtained by the user device associated with the portable device comprises electrical data received by the smart glasses when the user is viewing the portable device (i.e., … applicant’s usage of the alternative term/phrase, “comprise one of … or”, places the above limitation(s) in alternative form . As such, DAEDALUS teaches in par. 0059 the following: “view of smart glasses 100c.”. Teaches in par. 0067 the following: “the smart glasses 100c determine that the user is looking at the companion device 200” …teaches in par. 0068 the following: “user authentication is based on detection of a paired companion device and a determination that a display of the companion device is visible to the user.”. Teaches in par. 0074 the following: “the wearable device can detect the companion device in response to receiving data from the companion device indicating a request to unlock the companion device”.)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN F WRIGHT whose telephone number is (571)270-3826.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eleni 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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRYAN F WRIGHT/Examiner, Art Unit 2497
Prosecution Insights