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.
This action is in response to the correspondence filed 03/25/2025.
Claims 1-22 are presented for examination.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10, 11, 20 and 21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claims 10 and 11, claim 10 recites “wherein the group profile comprises”. However, claim 8, from which claim 10 depends, recites a group profile and/or a user profile. If a user profile is selected in claim 8, then the group profile does not exist in claim 10. The opposite is also present in claim 11, wherein if a group profile is selected in claim 8, then the user profile does not exist. Therefore, the scope of the claims cannot be clearly determined, rendering the claims indefinite.
As to claim 20, the claim recites the limitation "the first audio device" in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
As to claim 20, the claim recites the limitation “a first audio device key” in lines 8 and 9 of the claim. It is unclear as to whether this instance is the same as “a first audio device key” recited in line 7 of the claim. If these are the same, the second instance should read “the first audio device key”.
As to claim 20, the claim recites the limitation “a first audio device” in line 9 of the claim. It is unclear as to whether this instance is the same as the first audio device recited in line 4 of the claim. If these are the same, the instance in line 9 should read “the first audio device”.
As to claim 21, the claim recites the limitation "the second audio device" in line 8 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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.
The factual inquiries 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 nonobviousness.
Claims 1-14 and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over US 10149156 B1 to Tiku et al. (hereinafter Tiku) (Applicant’s IDS) in view of US 20100306839 A1 to Tie et al. (hereinafter Tie).
As to claims 1 and 21, Tiku teaches a first audio device (FIG. 1, second communication device 108) comprising: a processor configured to process transducer input data and to provide an electrical output signal based on the transducer input data (Col 6, lines 27-35, processor(s) of wearable devices, wherein the wearable devices are miniature electronic devices worn by the user under, with, or on top of clothing. In many applications for wearable computers, the user's skin, hands, voice, eyes, arms as well as motion or attention of the user 102 are actively engaged as the physical environment through input from sensors of the wearable devices); a receiver configured to provide an audio output signal based on the electrical output signal (Col 6, lines 27-35, receiver(s) of wearable devices, wherein the wearable devices are miniature electronic devices worn by the user under, with, or on top of clothing. In many applications for wearable computers, the user's skin, hands, voice, eyes, arms as well as motion or attention of the user 102 are actively engaged as the physical environment through input from sensors of the wearable devices); and a memory configured to store a first audio device key associated with the first audio device (Col 7, lines 23-67, encryption key used to encrypt and/or digitally sign the authentication object [AO] for the instance of when the AO is being sent from the second communication device to the Trusted Caller ID Authority); wherein the first audio device is configured to communicate with a second audio device (FIG. 1, wherein communication is performed between the first and second communication devices and the Trusted Caller ID Authority); wherein the first audio device is configured to: obtain first authentication data (Col 8, lines 51-54, the second communication device receives the authentication object); encrypt the first authentication data with the first audio device key (Col 7, lines 23-67, wherein the authentication object may be encrypted by the sender therefore when the authentication object is sent from the second communication device to the trusted caller ID authority it is encrypted); send, to an external device, a first authentication message (Col 8, lines 65 to Col 9, line 3, the second communication device contacts the trusted caller ID authority requesting validation) comprising (1) a first audio device identifier associated with the first audio device (Col 5, lines validation request includes phone number of the second communication device and authentication object), (2) a second audio device identifier associated with the second audio device (Col 2, lines 46-51, the authentication object may include information indicative of the identity and public key of the first communication device), and (3) the first authentication data encrypted with the first audio device key (Col 5, lines 7-10, validation request includes the authentication object); and receive, from the external device, a first authentication response (Col 5, lines 20-23, the server processes the validation request and returns validation information. The validation information may indicate registration status and validity of the authentication object provided by the first communication device), wherein the external device is the second audio device or is different from the second audio device (Col 8, lines 65 to Col 9, line 3, external device is the trusted caller ID authority).
Tiku does not explicitly teach the first authentication response indicating whether the first audio device is authenticated by the external device.
However, Tie teaches the first authentication response indicating whether the first audio device is authenticated by the external device (paragraphs 55-60, response includes authentication of both entities A and B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teachings of Tiku to include the method of authenticating both entities as taught by Tie in order to prevent a rogue user from contacting a legitimate user and vice versa, thus optimizing the overall security of the system.
As to claim 2, Tiku teaches wherein the processor is configured to receive the second audio device identifier from the second audio device (Col 8, lines 51-54, the second communication device receives the authentication object, wherein the authentication object includes the identity of the first communication device Col 2, lines 46-51).
As to claim 3, Tiku teaches wherein the processor is configured to send the first authentication message to the external device via a communication application installed on a communication device (Col 3, lines 8 and 9, trusted caller ID application).
As to claim 4, Tiku teaches wherein the external device is a server device configured to authenticate the first audio device based on the first authentication data encrypted with the first audio device key (Col 5, lines 5-7, server).
As to claim 5, Tiku teaches wherein the external device is the second audio device configured to authenticate the first audio device based on the first authentication data encrypted with the first audio device key (Col 4, lines 3-5, handshaking allows a communication device to authenticate itself with another communication device).
As to claim 6, Tiku teaches wherein the processor is configured to authenticate the second audio device (Col 8, lines 61-64, trusted caller ID application, e.g., executed on the second communication device, may automatically validate the first communication device 104 using the standard SSL handshake).
As to claim 7, Tiku teaches wherein the processor is configured to receive, from the second audio device, a second authentication message comprising a second authentication data encrypted with a second audio device key; and wherein the first audio device is configured to send, to the second audio device, a second authentication response indicating whether the second audio device is authenticated by the first audio device (Col 8, lines 61-64, trusted caller ID application, e.g., executed on the second communication device, may automatically validate the first communication device 104 using the standard SSL handshake, therefore the authentication object would be encrypted by the sender and a response indicating the authentication status).
As to claim 8, Tiku teaches wherein the memory is configured to store a group profile and/or a user profile (Col 2, lines 52-64, trusted caller ID account).
As to claim 9, Tiku teaches wherein the memory is configured to store the first audio device identifier in association with the group profile and/or with the user profile (Col 3, lines 17-40, phone number, public key, hardware identifier).
As to claim 10, Tiku teaches wherein the group profile comprises one or more of: one or more role attributes, one or more group identifiers, a location parameter, or group data (Col 3, lines 17-40, location data).
As to claim 11, Tiku teaches wherein the user profile comprises one or more of: one or more role attributes, a user identifier, a location parameter, or user credential data (Col 3, lines 17-40, location data).
As to claim 12, Tiku teaches wherein the first authentication message comprises a group identifier of the group profile and/or a user identifier of the user profile (Col 5, lines validation request includes phone number of the second communication device and authentication object ; Col 2, lines 46-51, the authentication object may include information indicative of the identity and public key of the first communication device).
As to claim 13, Tiku teaches wherein the processor is configured to obtain location data indicative of a location of the first audio device, wherein the first authentication message comprises the location data (Col 3, lines 17-40, provided and obtained location data).
As to claim 14, Tiku teaches wherein the location data comprises one or more of: global positioning information, short-range positioning information, or cellular positioning information (Col 3, lines 17-40, satellite radio navigation services, cell data networks, Wi-Fi® location lookup, and so forth).
As to claim 18, Tiku teaches wherein the processor is configured to obtain one or more of: a connection security parameter, a network identifier, or a connection identifier; and wherein the first authentication message comprises one or more of: the connection security parameter, the network identifier, or the connection identifier (Col 3, lines 17-40, may include the International Mobile Station Equipment Identity (IMEI) or Media Access Control (MAC) address associated with the first communication device).
As to claim 19, Tie teaches wherein the external device is different from the second audio device, and wherein the first authentication response also indicates whether the second audio device is verified by the external device (FIG. 2, shows entities A, B and TP and wherein both entities are verified in paragraphs 55-60 [Tiku also teaches first and second communication devices with the trusted caller ID authority]).
As to claims 20 and 22, claims 20 and 22 are directed to a server and method that is generally related to the first audio device and method of claims 1 and 21 and contain limitations similar to those discussed above in connection to claims 1 and 21. Therefore claims 20 and 22 are rejected on the same basis as set forth in claims 1 and 21.
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tiku in view of Tie in further view of US 20150046990 A1 to Oberheide et al. (hereinafter Oberheide).
As to claim 15, Tiku and Tie do not explicitly teach wherein the processor is configured to obtain biometric data indicative of biometric sensor data obtained with one or more sensors of the first audio device, wherein the first authentication message comprises the biometric data.
However, Oberheide teaches wherein the processor is configured to obtain biometric data indicative of biometric sensor data obtained with one or more sensors of the first audio device, wherein the first authentication message comprises the biometric data (paragraphs 27 and 28, biometric samples collected).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teachings of Tiku and Tie to include the method of collecting biometric samples as taught by Oberheide in order to prevent a rogue user illicitly using the device and accessing private or personal data, therefore optimizing the overall security of the system.
As to claim 16, Oberheide teaches the biometric data comprising a biometric signature (paragraph 28, biometric signature).
As to claim 17, Oberheide teaches wherein the biometric data comprises one or more of: EEG data, ECG data, blood flow data, pulse data, jaw movement data, ear movement data, ear canal data, ear geometry data, fingerprint data, voiceprint data, or facial biometric data (paragraph 28, biometric samples can be speech samples, fingerprints, facial recognition, retina/eye recognition pulse/capillary/blood pressure pattern recognition, patterns in breath, and/or any suitable form of a biometric reading).
Conclusion
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MALCOLM . CRIBBS
Examiner
Art Unit 2497
/MALCOLM CRIBBS/Primary Examiner, Art Unit 2497
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