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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show descriptions on rectangular boxes in figure 1 as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 4, 8 and 12 are objected to because of the following informalities: the term “and/or” make the scope of unclear. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-8, and 11-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Independent claims 1, 10 and 19:
Claims 1 and 2 are drawn to “a method”, therefore each of these claim groups falls under one of four categories of statutory subject matter (process/method, machines/products/apparatus, manufactures, and compositions of matter).
Claims 1, and 11 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claims 1, and 11 recites capturing a visual identification of the device and generating device identification information; transmitting the device identification information, receiving security information associated with device identification information, displaying a visual output comprising at least one extract of an image of the device and the security information, and displaying a visual aid for using the security information to release the lock. The limitation steps under its broadest reasonable interpretation, covers performance of the limitation in the mind/mental steps. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind then it falls within the mental process/human activity grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application because the claim does not recite additional elements that integrate the judicial exception into a practical application. The additional elements recited device and visual aid are generic form and don’t integrate the abstract idea into practical application.
Considering the claims as a whole, looking at the elements individually and in an ordered combination, does not integrate the abstract idea into a practical application using the considerations set forth above.
Dependent claims 2-8, and 12 further clarify the concept recited in independent claims, however this clarification still falls under the concept recited in the independent claims and do not amount to significantly more than the judicial exception.
Claim Rejections - 35 USC § 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 (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.
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, 3-8 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s IDS Young et al (9679152) in views of Benkreira et al (2019/0377862).
For claim 1, Young teaches a method for displaying security information designed to release a lock protecting access to a device (Young teaches that an augmented reality (AR) electronic device includes initiating a security access code software application on the AR electronic device and a security access code is displayed on the AR electronic device as Young teaches in abstract), the method comprising:
capturing a visual identification of the device and generating device identification information (Young teaches that specific server computer to access may be identified via optical recognition or via a verbal command at the AR device. The AR device may then generate a security access code that is synchronized with the specific server computer, and -identify a user of the AR electronic device, the identity of the user being determined by one of voice recognition, retinal recognition, facial recognition or finger print recognition as Young teaches in col.1, lines 58-65 and col.3, lines 18-25); transmitting the device identification information (Young teaches that AR device 102 may transmit a request to the computing device for identifying information as Young teaches in col.6,lines 48-55), receiving security information associated with device identification information (Young teaches that determination is made that the user is authorized to receive a security access code for an electronic computing device on the AR device at the current location as Young teaches in col.8, lines 14-20), displaying a visual output comprising at least one extract of an image of the device and the security information (Young teaches that the security access code is displayed on the AR device. Typically, the security access code is projected via the display on the AR device, so that the security access code appears as a virtual display as Young teaches in col.8, lines 31-35).
Young fails to teach that displaying a visual aid for using the security information to release the lock.
Benkreira teaches, similar system, displaying a visual aid (enter pin as Benkreira shown in fig.1D) for using the security information to release the lock (Benkreira teaches the user device may receive the signal that indicates the ATM device has been validated, and cause an AR overlay to be displayed on the user device. For example, the AR overlay may include information related to entering the PIN on the physical input interface of the ATM device (e.g., information related to authenticating the user to the ATM device and may determine whether to provide access to an account (e.g., to perform one or more actions associated with the account) based on the user input as Benkreira teaches in par.40, 44 and 50). It would have been obvious to one ordinary skill in the art before effective filling date to modify Young to include displaying a visual aid as taught and suggested by Benkreira for the purpose of permitting the server device to validate the ATM device, and receiving, by the user device, from the server device, and based on sending the first information that identifies the ATM and the second information associated with the ATM device to the server device, a signal that indicates the ATM device has been validated (Benkreira, par.5).
For claim 3, Young, as modified by Benkreira, further teaches that wherein the visual output includes an augmented reality display (Young teaches an augmented reality (AR) as Young teaches in abstract).
For claim 4, Young, as modified by Benkreira, fails to teach wherein the visual aid includes: an augmentation of an area of a control panel for entering the security information, an augmentation of a key of a number pad for entering the security information and/or a warning indication indicating an incorrect entry of the security information.
Benkreira further teaches that wherein the visual aid includes: an augmentation of an area of a control panel for entering the security information, an augmentation of a key of a number pad for entering the security information and/or a warning indication indicating an incorrect entry of the security information (Benkreira teaches that the AR overlay may be displayed to overlay the physical input interface of the ATM device that comprises a keypad, a numeric keyboard, an alpha-numeric keyboard, a touch capacitive screen, and/or the like as Benkreira teaches in par.41). It would have been obvious to one ordinary skill in the art before effective filling date to modify Young to include displaying a visual aid as taught and suggested by Benkreira for the purpose of permitting the server device to validate the ATM device, and receiving, by the user device, from the server device, and based on sending the first information that identifies the ATM and the second information associated with the ATM device to the server device, a signal that indicates the ATM device has been validated (Benkreira, par.5).
For claim 5, Young, as modified by Benkreira, further teaches capturing a user action arranged on or relative to the device (Young teaches that computing device at or near a current location of the user is identified as Young teaches in abstract).
For claim 6, Young, as modified by Benkreira, further teaches capturing a user action arranged on or relative to the device (Young teaches that computing device at or near a current location of the user is identified as Young teaches in abstract). However, Young fails to teach that displaying the visual aid an evaluation of the user action.
Benkreira further teaches that displaying the visual aid an evaluation of the user action (Benkreira teaches that the AR overlay may be displayed to overlay the physical input interface of the ATM device that comprises a keypad, a numeric keyboard, an alpha-numeric keyboard, a touch capacitive screen, and/or the like as Benkreira teaches in par.41). It would have been obvious to one ordinary skill in the art before effective filling date to modify Young to include displaying a visual aid as taught and suggested by Benkreira for the purpose of permitting the server device to validate the ATM device, and receiving, by the user device, from the server device, and based on sending the first information that identifies the ATM and the second information associated with the ATM device to the server device, a signal that indicates the ATM device has been validated (Benkreira, par.5).
For claim 7, Young, as modified by Benkreira, further teaches transmitting validation information before receiving the security information (Young teaches that When a user of the AR device is authenticated, each security access code generated by the AR device is projected on a display screen of the AR device as Young teaches in col.2, lines 55-60).
For claim 8, Young, as modified by Benkreira, further teaches wherein the validation information is implemented as: device authentication information, position information, user authentication information and/or application information of a user device (Young teaches that When a user of the AR device is authenticated, each security access code generated by the AR device is projected on a display screen of the AR device as Young teaches in col.2, lines 55-60).
For claim 11, Young teaches that a method for transmitting security information operable to release a lock protecting access to a device (Young teaches that an augmented reality (AR) electronic device includes initiating a security access code software application on the AR electronic device and a security access code is displayed on the AR electronic device as Young teaches in abstract), the method comprising: receiving device identification information including a visual recording of an identification of the device (Young teaches that specific server computer to access may be identified via optical recognition or via a verbal command at the AR device. The AR device may then generate a security access code that is synchronized with the specific server computer, and -identify a user of the AR electronic device, the identity of the user being determined by one of voice recognition, retinal recognition, facial recognition or finger print recognition as Young teaches in col.1, lines 58-65 and col.3, lines 18-25), checking the identification information against a stored criterion (Young teaches that Authentication of the wearer of the AR device may be achieved by one or more methods. The one or methods are typically biometric methods and include retinal scan, facial recognition, voice print and finger print scan. For example, in some implementations the AR device may store a biometric profile for the user of the AR device including one or more of a retinal profile, a facial profile, a voice profile and a finger print profile. In other implementations, the biometric profile may be stored elsewhere, for example on a server computer, and accessed via the AR device. Authentication occurs when data from one or more of the retinal, scan, facial recognition, voice print and finger print scan matches the biometric profile for the user as Young teaches in col.3, lines 62-67 to col.4, lines 1-5), transmitting the security information in response to a result of checking the device identification information (Young teaches that AR device 102 may transmit a request to the computing device for identifying information as Young teaches in col.6,lines 48-55), the security information associated with the device identification information (Young teaches that determination is made that the user is authorized to receive a security access code for an electronic computing device on the AR device at the current location as Young teaches in col.8, lines 14-20).
Young fails to teach that transmitting a visual aid for using the security information to access the device.
Benkreira teaches, similar system, transmitting a visual aid for using the security information to access the device (Benkreira teaches the user device may receive the signal that indicates the ATM device has been validated, and cause an AR overlay to be displayed on the user device. For example, the AR overlay may include information related to entering the PIN on the physical input interface of the ATM device (e.g., information related to authenticating the user to the ATM device and may determine whether to provide access to an account (e.g., to perform one or more actions associated with the account) based on the user input as Benkreira teaches in par.40, 44 and 50). It would have been obvious to one ordinary skill in the art before effective filling date to modify Young to include displaying a visual aid as taught and suggested by Benkreira for the purpose of permitting the server device to validate the ATM device, and receiving, by the user device, from the server device, and based on sending the first information that identifies the ATM and the second information associated with the ATM device to the server device, a signal that indicates the ATM device has been validated (Benkreira, par.5).
For claim 7, Young, as modified by Benkreira, further teaches transmitting a data record comprising a visual display, said visual display with at least one extract of an image of the device and the display of the security information, evaluating a user action arranged on or relative to the device, receiving validation information before transmitting the security information and/or, checking the validation information before transmitting the security information (Young teaches that the security access code is displayed on the AR device. Typically, the security access code is projected via the display on the AR device, so that the security access code appears as a virtual display as Young teaches in col.8, lines 31-35).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s IDS Young et al (9679152) in views of Benkreira et al (2019/0377862) as applied to claims above, and further in view of Lenin et al (2016/0202939).
Young, as modified by Benkreira, teaches all the limitation as previously set forth except for wherein the security information comprises a code selected from the group consisting of: a device code, a PIN code, a release code, a password, a numerical code and an alphanumeric code.
Lenin teaches, similar system, wherein the security information comprises a code selected from the group consisting of: a device code, a PIN code, a release code, a password, a numerical code and an alphanumeric code (Lenin teaches that “release code” refers to something, e.g., any text, number, PIN, password, character string, image, graphic, or other data or element that can be provided in some manner, e.g., by a user or a system as Lenin teaches in par.21). It would have been obvious to one ordinary skill in the art before effective filling date to modify Young, as modified by Benkreira, to include : a device code, a PIN code, a release code, a password, a numerical code and an alphanumeric code as taught and suggested by Lenin for the purpose of utilizing a release code as disclosed herein, as the mobile devices that exchange the release code can do so via a NFC electronic handshake or other wireless transaction, such that there is not a need for users to memorize or type character strings representing codes or keys (Lenin, par.17).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYUB A MAYE whose telephone number is (571)270-5037. The examiner can normally be reached Monday-Friday 9AM-5PM.
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/AYUB A MAYE/Examiner, Art Unit 2436 /SHEWAYE GELAGAY/Supervisory Patent Examiner, Art Unit 2436