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 .
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.
The claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because Claim 14 recites a computer program. A computer program is software, and is not patentable subject matter. Claim 14 is rejected.
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.
Claim 10 recites the limitation "the heat map" in line 1. There is insufficient antecedent basis for this limitation in the claim. Examiner believes that Claim 10 should be dependent on Claim 9. It is currently dependent on Claim 8.
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) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Delean US 2014/0267009 in view of Zhang US 8,988,191.
As per claim 1. (Original) A method of authenticating a user of a computing device, the method comprising: receiving event data from a sensor of the computing device sensing a gesture of the user with respect to a region; [0041][0081]-[0084] (compare and make authentication decision based on gesture input to a touchscreen)
generating an image from the event data, the image representing the region and the event data; classifying the image using a classifier that has been trained using training data; or comparing the image with a reference image created from the training data; [0024]-[0026] [0082]-[0084][0089] (learning phase to perform a gesture repeatedly, vector data comprised of probabilistic path)
and in response to the classifying or the comparing, authenticating the user of the computing device; wherein the training data comprises historical images representing the region and historical instances of the event data, [0041][0081]-[0084] (compare and make authentication decision based on gesture input)and wherein the historical images have been aligned using a joint alignment process.
(Column 9 line 60 to Column 10 line 15)(teaches alignment in the learning of signature imagines including using an alignment process to eliminate variations)
It would have been obvious to one of ordinary skill in the art to use the alignment of Zhang with Delean because it provides a more accurate authentication template.
As per claim 2. (Original) The method as claimed in claim 1, comprising prior to classifying the image, aligning the image with the historical images using the joint alignment process. (Column 11 lines 52 to Col 12 line 13) (teaches normalization of the input signature so that it aligns with the learned signature)
As per claim 3. (Currently Amended) the method as claimed in claim 1,wherein the event data comprises a series of 2D coordinates and optionally one or more of: velocity, pressure, dwell time, area, stylus button press events, acceleration, speed, points of redirection, finger stability, starting nodes, end nodes, direction.
As per claim 4. (Currently Amended) the method as claimed in claim 1,wherein the historical images represent a gesture that has been made multiple times by the user.
As per claim 5. (Currently Amended) the method as claimed claim 1 wherein the historical images represent a gesture that has been made by a plurality of different users.
As per claim 6. (Currently Amended) The method as claimed in claim 1wherein Delean teaches the historical images represent a gesture that has been made over regions of different resolution. [0131] (touch screen has various size resolutions and scaling.)
As per claim 7. (Currently Amended) the method as claimed in claim 1wherein the joint alignment comprises modifying the historical images using any of: rotation, shear, translation, scale; in order to reduce an entropy of the historical images. (Column 9 line 60 to Column 10 line 15)(teaches alignment in the learning of signature imagines including using an alignment process to eliminate variations, includes rotation, scale, etc.)
As per claim 8. (Original) The method as claimed in claim 7 Delean teaches wherein the entropy of the historical images is computed by stacking the historical images and, for each pixel in one of the historical images, computing an entropy over that pixel and the corresponding pixel in the other stacked images. [0082]-[0085][0089] (learning phase to perform a gesture repeatedly, vector data comprised of probabilistic path) [0114]-[0116] (teaches comparing the historical signature which has been repeated, and the difference between given signature including pixels)
As per claim 9. (Currently Amended) The method as claimed in claim 1 Zhang teaches wherein the reference image is a heat map comprising a 2D array of pixels, each pixel storing an intensity value representing a probability that the gesture should cover it. (Column 11 line 52 to Column 12 line 13) (pressure map and path over 2D pixels and generating a probability )
As per claim 10. (Original) The method as claimed in claim 8 Zhang teaches wherein the heat map is formed by aggregating the historical images and optionally scaling the intensity values to be between zero and one. (Column 6 lines 25-45) (teaches generating a pressure map and converting values to pressure intensities; Examiner asserts it would be a design choice to choose values between zero and one.)
As per claim 11. (Currently Amended) The method as claimed claim 1 Zhang teaches wherein comparing the image with the reference image comprises subtracting the image, in the form of a heat map, from the reference image, in the form of a heat map, to obtain a difference and comparing the difference with a threshold. (Column 11 line 52 to Column 12 line 24) (teaches using the heatmap comparing to the image and obtaining a difference and comparing to a threshold)
As per claim 12. (Currently Amended) the method as claimed in claim 1 comprising determining that the gesture of the user is for inputting a specified word or passcode into the computing device, and where the reference image is for the specified word or passcode.
As per claim 13. (Currently Amended) The method as claimed in claim 1 Delean teaches comprising comparing a heat map of a specified word for the user with a heat map of the same word for a second user; and determining whether gesture typing is an effective mechanism for the second user based on the comparison. [0089]-[0097] (teaches uniqueness to signatures among gestures of a plurality of users so that the biometrics are different)
Zhang additionally teaches signature heatmaps(Column 11 line 52 to Column 12 line 24) (teaches using the heatmap comparing to the image and obtaining a difference and comparing to a threshold)
As per claim 14. (Currently Amended) A computer program comprising instructions which when executed on a computing device implement the method of claim 1.
As per claim 15. (Original) Delean teaches A computing device comprising: a processor; a sensor for sensing a gesture; a memory storing instructions that, when executed by the processor, perform a method for authenticating a user of a computing device, the method comprising: receiving event data from a sensor of the computing device sensing a gesture of the user with respect to a region;
[0041][0081]-[0084] (compare and make authentication decision based on gesture input to a touchscreen)
Delean teaches generating an image from the event data, the image representing the region and the event data; classifying the image using a classifier that has been trained using training data; or comparing the image with a reference image created from the training data;
[0082]-[0084][0089] (learning phase to perform a gesture repeatedly, vector data comprised of probabilistic path)
Delean teaches and in response to the classifying or the comparing, authenticating the user of the computing device; wherein the training data comprises historical images representing the region and historical instances of the event data,
[0041][0081]-[0084] (compare and make authentication decision based on gesture input)and wherein the historical images have been aligned using a joint alignment process.
(Column 9 line 60 to Column 10 line 15)(teaches alignment in the learning of signature imagines including using an alignment process to eliminate variations)
It would have been obvious to one of ordinary skill in the art to use the alignment of Zhang with Delean because it provides a more accurate authentication template.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER BROWN whose telephone number is (571)272-3833. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luu Pham can be reached at (571) 270-5002. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J BROWN/Primary Examiner, Art Unit 2439
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