DETAILED ACTION
1. This is in response to an application No. 19/187,094 filed on 04/23/2025. Claim 1 is pending and submitted for examination.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. This application filed 04/23/2025 is a Continuation of 18515178 , filed 11/20/2023, now abandoned 18515178 is a Continuation of 17954656 , filed 09/28/2022 ,now U.S. Patent # 11860987, 17954656 is a Continuation of 17009042 , filed 09/01/2020 ,now U.S. Patent # 11461446, 17009042 is a Divisional of 16535574 , filed 08/08/2019 ,now U.S. Patent # 10783228 16535574 is a Continuation of 15315735 , filed 12/02/2016 ,now U.S. Patent # 10423769 and having 1 RCE-type filing therein 15315735 is a National Stage entry of PCT/JP2014/065644 , International Filing Date: 06/12/2014.
Information Disclosure Statement
4. The information disclosure statements (IDS) submitted on April 23, 2025 has been considered. The submission is in-compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Drawings
5. The drawings filed on April 23, 2025 are accepted.
Specification
6. The specification filed on April 23, 2025 is also accepted.
Claim Rejections - 35 USC § 103
7. 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 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.
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.
8. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Paul Krzyzanowski et al
(Krzyzanowski) (US Publication No. 2012/0303476 A1, Nov. 29, 2012) in view of Richard Lee Drysdale et al (Drysdale) (US Publication No. 2013/0176142 A1, July 11, 2013) and further in view of Jerome Pasquero et al (Pasquero) (US Pub. No. 2011/0214158 A1, Pub. Date: Sep 1, 2011)
The following is referring to claim 1:
As per independent claim 1, Krzyzanowski discloses an information processing device [Para. 0214, figure 51, “For instance, FIG. 51 illustrates a block diagram of a mobile electronic device 5100, according to an exemplary embodiment. As shown in FIG. 51, mobile electronic device 5100 includes a dual-mode capacitance sensor 5102, sensor control logic 5104, fingerprint scanning logic 5106, user interface device logic 5108, capacitance sensor chip 5112, storage 5110, device control logic 5114, and display logic 5116. The elements of mobile electronic device 5100 are described as follows” The mobile electronic device 5100 corresponds to the claim limitation, “information processing device”], comprising:
a static biometric information acquisition sensor that acquires static biometric information [Para. 0215, “Dual-mode capacitance sensor 5102 is a capacitance sensor that functions as a fingerprint scanner when operating in a first mode” and “Dual-mode capacitance sensor 5102 receives input from a user's finger when a user touches or comes close to touching a surface of the sensor” and “Placing a finger on or near the grid infringes an electric field created between the capacitor plates and alters the capacitance in an area of infringement. A difference in capacitance between ridges and valleys of the fingerprint, or between portions of the scanner (array), may be measured to form an image of a fingerprint” A fingerprint corresponds to the static biometric information. The capacitance sensor acquires the fingerprint by measuring ridge and valley capacitance to form a fingerprint image];a processor that performs user authentication based on the acquired static biometric information and obtains an authentication result [Para. 0219, “fingerprint scanning logic 5106 performs a fingerprint scanning function of dual-mode capacitance sensor 5102 to perform biometric authentication of a use”….” authenticate the user when the generated digital data matches any of the known fingerprint data”…” notify an operating system of mobile electronic device 5100 or a program running on mobile electronic device 5100 when a user is authenticated, i.e., when a match is found” The fingerprint scanning logic performs authentication based on the acquired fingerprint information. The notification that a match is found corresponds to the claim limitation, “authentication result” and para. 0226 further teaches that the logic may be implemented as computer code executed in one or more processors];
a wireless communication interface that:
performs communication with another information processing device [Para. 0172, “FIG. 34, a handset 3400 can include a Bluetooth® transceiver, which can allow it to communicate with other components having similar configurations”…” The images captured by this camera can be transmitted to handset 3400 and/or to some other component, whether through Bluetooth® or some other standard” The Bluetooth transceiver corresponds to the wireless communication interface and the handset communicates another component]; and
a display screen [Para. 0225, “Display logic 5116 is logic configured to generate output to be presented on a display of mobile electronic device 5100” …”For instance, the output may be in the form of graphical images presented on the display”] “
wherein the processor is configured to, Para. 0222, “Device control logic 5114 may control various functions of mobile electronic device 5100. One such function may be a locking/unlocking function of mobile electronic device 5100”….” Device control logic is further configured to lock mobile electronic device 5100 to prevent unauthorized access of mobile electronic device 5100”]
Krzyzanowski doesn’t explicitly disclose the following underlined claim limitation:
“receives dynamic biometric information from the another information processing device
“displays information based on a state of the user that is determined using the received dynamic biometric information,
wherein the processor is configured to, in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information or that the user is in the sleep state via communication between the information processing device and the another information processing device,
However, Drysdale discloses the above underlined claim limitations:
receives dynamic biometric information [Para. 0049,” band 519 may be configured to capture types (i.e., categories) of data such as heart rate/pulse monitoring data 520, blood oxygen level data 522, skin temperature data 524, salinity/emission/outgassing data 526, location/GPS data 528, environmental data 530, and accelerometer data 532“. Heart rate, blood oxygen level, skin temperature and related physiological measurement corresponds to the claim limitation dynamic biometric information since they vary with the user’s current physiological state] from the another information processing device [Para. 0030, “band 104 may capture …data from various sources ….and exchange data with mobile communications device 118, computer 120, computer laptop 122” and para. 0030, “a wireless data communication interface or facility…is configured to communicate data from bands 104-112” The band corresponds to the claim limitation,” another information processing device” it captures sensor data and exchange that data wirelessly with a mobile communication device]
“ displays information based on a state of the user that is determined using the received dynamic biometric information [Para. 0029, “using data gathered by bands 104-112, applications may be used to perform various analyses and evaluations that can generate information as to a person's physical…, emotional, or mental state” and para. 0054, “the software applications on mobile communications device 118 or laptop 122 or other hub devices may further process or analyze the data they receive from bands 104 and 108 in order to present to the wearer, or to other wearers or users of the SNS, useful information associated with the wearer's activities”]
wherein the processor is configured to, in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information or that the user is in the sleep state [Para. 0050, “heart rate monitor data 540 may be captured to evaluate rest, waking, or various states of sleep” para. 0222, “] via communication between the information processing device and the another information processing device [Para. 0055, “Bands 106 and 110 may communicate with mobile communications device 118 and
laptop 122 using any number of wireless communication technologies” and “mobile communications device 118 and laptop 122 may be used as a hub or gateway device to communicate data captured by bands 106 and 110 with other devices”],
Krzyzanowski and Drysdale are analogous arts and are in the same field of endeavor as they both pertain and directed to authentication.
It would have been obvious to one having ordinary skill in the art, before the effective filing of the claimed invention, to modify the fingerprint based mobile device lock system of Krzyzanowski by incorporating the wearable physiological and sleep-state monitoring system such as “receives dynamic biometric information from the another information processing devicedisplays information based on a state of the user that is determined using the received dynamic biometric information, in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information or that the user is in the sleep state via communication between the information processing device and the another information processing device” as taught by Drysdale because Krzyzanowski already locks the mobile device to prevent unauthorized access, while Drysdale provides wireless wearable data indicating the user’s physiological state and sleep state. Using the received sleep state information as an additional lock trigger would predictably improve security when the user is asleep.
The combination of Krzyzanowski and Drysdale doesn’t explicitly disclose the following underlined claim limitation:
“in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information execute a lock operation to lock the information processing device”
However, Pasquero discloses the above limitation:
“in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information [Para. 0032, “If the clasp 33' remains open…, the user wearable device 31' is not donned by the user” when the wearable is not worn it cannot acquire the user’s biometric information such as hear rate or motion. This meets the limitation] Para. 0031, “the second controller 39 communicates with the first controller 35 via the first and second wireless security circuits 3” or the first controller communicates with the second controller through the wireless security circuits meaning the wearable communicates its conditions to the mobile device through wireless communication] execute a lock operation to lock the information processing device [Para. 0018, “the mobile device is disabled and a password is again required… such device “locking” advantageously helps to prevent unauthorized access to mobile device functions” Requiring password again is a lock operation that locks the mobile device and para. 0035, “opening of the clasp 33′ would cause the mobile device to revert back to the standard password entry mode” The automatic locking operation performed in response to the wearable condition]
Krzyzanowski, Drysdale and Pasquero are analogous arts and are in the same field of endeavor as they all pertain and directed to authentication.
It would have been obvious to one having ordinary skill in the art, before the effective filing of the claimed invention, to modify the fingerprint based mobile device lock system of Krzyzanowski and Drysdale by incorporating removal triggered locking system such as “in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information execute a lock operation to lock the information processing device” as taught by Pasquero because this enhance the security of the system by preventing unauthorized access whenever the wearable device or another information processing device loses bodily contact and can no longer provide the user’s dynamic biometric signal or any authentication signal. [See Pasquero, Para. 0018, “the mobile device is disabled and a password is again required… such device “locking” advantageously helps to prevent unauthorized access to mobile device functions” Requiring password again is a lock operation that locks the mobile device and para. 0035, “opening of the clasp 33′ would cause the mobile device to revert back to the standard password entry mode” The automatic locking operation performed in response to the wearable condition]
9. Claim 1 is also rejected under 35 U.S.C. 103 as being unpatentable over Paul Krzyzanowski et al
(Krzyzanowski) (US Publication No. 2012/0303476 A1, Nov. 29, 2012) in view of Richard Lee Drysdale et al (Drysdale) (US Publication No. 2013/0176142 A1, July 11, 2013) and further in view of Sharon Aschaiek (herein after referred as Aschaiek) NPL document titled “Security in a Heartbeat” Tired of typing in passwords? A new device can identify you by your unique cardiac rhythm, December 1, 2013)
As per independent claim 1, Krzyzanowski discloses an information processing device [Para. 0214, figure 51, “For instance, FIG. 51 illustrates a block diagram of a mobile electronic device 5100, according to an exemplary embodiment. As shown in FIG. 51, mobile electronic device 5100 includes a dual-mode capacitance sensor 5102, sensor control logic 5104, fingerprint scanning logic 5106, user interface device logic 5108, capacitance sensor chip 5112, storage 5110, device control logic 5114, and display logic 5116. The elements of mobile electronic device 5100 are described as follows” The mobile electronic device 5100 corresponds to the claim limitation, “information processing device”], comprising:
a static biometric information acquisition sensor that acquires static biometric information [Para. 0215, “Dual-mode capacitance sensor 5102 is a capacitance sensor that functions as a fingerprint scanner when operating in a first mode” and “Dual-mode capacitance sensor 5102 receives input from a user's finger when a user touches or comes close to touching a surface of the sensor” and “Placing a finger on or near the grid infringes an electric field created between the capacitor plates and alters the capacitance in an area of infringement. A difference in capacitance between ridges and valleys of the fingerprint, or between portions of the scanner (array), may be measured to form an image of a fingerprint” A fingerprint corresponds to the static biometric information. The capacitance sensor acquires the fingerprint by measuring ridge and valley capacitance to form a fingerprint image];a processor that performs user authentication based on the acquired static biometric information and obtains an authentication result [Para. 0219, “fingerprint scanning logic 5106 performs a fingerprint scanning function of dual-mode capacitance sensor 5102 to perform biometric authentication of a use”….” authenticate the user when the generated digital data matches any of the known fingerprint data”…” notify an operating system of mobile electronic device 5100 or a program running on mobile electronic device 5100 when a user is authenticated, i.e., when a match is found” The fingerprint scanning logic performs authentication based on the acquired fingerprint information. The notification that a match is found corresponds to the claim limitation, “authentication result” and para. 0226 further teaches that the logic may be implemented as computer code executed in one or more processors];
a wireless communication interface that:
performs communication with another information processing device [Para. 0172, “FIG. 34, a handset 3400 can include a Bluetooth® transceiver, which can allow it to communicate with other components having similar configurations”…” The images captured by this camera can be transmitted to handset 3400 and/or to some other component, whether through Bluetooth® or some other standard” The Bluetooth transceiver corresponds to the wireless communication interface and the handset communicates another component]; and
a display screen [Para. 0225, “Display logic 5116 is logic configured to generate output to be presented on a display of mobile electronic device 5100” …”For instance, the output may be in the form of graphical images presented on the display”] “
wherein the processor is configured to, Para. 0222, “Device control logic 5114 may control various functions of mobile electronic device 5100. One such function may be a locking/unlocking function of mobile electronic device 5100”….” Device control logic is further configured to lock mobile electronic device 5100 to prevent unauthorized access of mobile electronic device 5100”]
Krzyzanowski doesn’t explicitly disclose the following underlined claim limitation:
“receives dynamic biometric information from the another information processing device
“displays information based on a state of the user that is determined using the received dynamic biometric information,
wherein the processor is configured to, in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information or that the user is in the sleep state via communication between the information processing device and the another information processing device,
However, Drysdale discloses the above underlined claim limitations:
receives dynamic biometric information [Para. 0049,” band 519 may be configured to capture types (i.e., categories) of data such as heart rate/pulse monitoring data 520, blood oxygen level data 522, skin temperature data 524, salinity/emission/outgassing data 526, location/GPS data 528, environmental data 530, and accelerometer data 532“. Heart rate, blood oxygen level, skin temperature and related physiological measurement corresponds to the claim limitation dynamic biometric information since they vary with the user’s current physiological state] from the another information processing device [Para. 0030, “band 104 may capture …data from various sources ….and exchange data with mobile communications device 118, computer 120, computer laptop 122” and para. 0030, “a wireless data communication interface or facility…is configured to communicate data from bands 104-112” The band corresponds to the claim limitation,” another information processing device” it captures sensor data and exchange that data wirelessly with a mobile communication device]
“ displays information based on a state of the user that is determined using the received dynamic biometric information [Para. 0029, “using data gathered by bands 104-112, applications may be used to perform various analyses and evaluations that can generate information as to a person's physical…, emotional, or mental state” and para. 0054, “the software applications on mobile communications device 118 or laptop 122 or other hub devices may further process or analyze the data they receive from bands 104 and 108 in order to present to the wearer, or to other wearers or users of the SNS, useful information associated with the wearer's activities”]
wherein the processor is configured to, in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information or that the user is in the sleep state [Para. 0050, “heart rate monitor data 540 may be captured to evaluate rest, waking, or various states of sleep” para. 0222, “] via communication between the information processing device and the another information processing device [Para. 0055, “Bands 106 and 110 may communicate with mobile communications device 118 and
laptop 122 using any number of wireless communication technologies” and “mobile communications device 118 and laptop 122 may be used as a hub or gateway device to communicate data captured by bands 106 and 110 with other devices”],
Krzyzanowski and Drysdale are analogous arts and are in the same field of endeavor as they both pertain and directed to authentication.
It would have been obvious to one having ordinary skill in the art, before the effective filing of the claimed invention, to modify the fingerprint based mobile device lock system of Krzyzanowski by incorporating the wearable physiological and sleep-state monitoring system such as “receives dynamic biometric information from the another information processing devicedisplays information based on a state of the user that is determined using the received dynamic biometric information, in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information or that the user is in the sleep state via communication between the information processing device and the another information processing device” as taught by Drysdale because Krzyzanowski already locks the mobile device to prevent unauthorized access, while Drysdale provides wireless wearable data indicating the user’s physiological state and sleep state. Using the received sleep state information as an additional lock trigger would predictably improve security when the user is asleep.
The combination of Krzyzanowski and Drysdale doesn’t explicitly disclose the following underlined claim limitation:
“in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information execute a lock operation to lock the information processing device”
However, Aschaiek discloses the above limitation:
“in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information [ Pages 1-2, Para. 2nd, “the world’s first wearable security device that detects a person’s unique cardiac rhythm to authenticate their identity and allow access to their digital devices.” Pages 1-2, Para. 3, “Nymi requires touching its electrocardiogram sensor so it can identify your cardiac rhythm” Note: Nymi wristband corresponds to the claim limitation “another processing device” The user’s cardia rhythm, obtained trough the electrocardiogram sensor corresponds to the claim limitiation, “dynamic biometric information” This article teaches that bodily contact with the electrocardiogram sensor is required. In other words when the wristband is removed from the user, the wristband loses the bodily contact required to obtain the user’s cardic signal and therefore cannot continue acquiring the dynamic biometric information] [Pages 1-2, para. 4, “communicates via Bluetooth to the Nymi software app” The Nymi wristband communicates wirelessly with software operating on designated smartphone, tablet or computer. The smartphone, tablet or computer corresponds to the claim limitation “information processing device”, while the wristband corresponds to the claim limitation, “another information processing dev ice”] execute a lock operation to lock the information processing device” [Page 1-2, para. 4, “While wearing the wristband, you can seamlessly unlock and use your smartphone, tablet or computer; removing the wristband automatically locks linked devices”]
Krzyzanowski, Drysdale and Aschaiek are analogous arts and are in the same field of endeavor as they all pertain and directed to authentication.
It would have been obvious to one having ordinary skill in the art, before the effective filing of the claimed invention, to modify the fingerprint based mobile device lock system of Krzyzanowski and Drysdale by incorporating removal triggered locking system such as “in response to receiving information indicating that the another information processing device cannot acquire the dynamic biometric information execute a lock operation to lock the information processing device” as taught by Aschaiek because this enhances the security of the system by preventing unauthorized access whenever the wearable device or another information processing device loses bodily contact and can no longer provide the user’s dynamic biometric signal or any authentication signal[ See Aschaiek, Page 1-2, para. 4, “While wearing the wristband, you can seamlessly unlock and use your smartphone, tablet or computer; removing the wristband automatically locks linked devices”]
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A. Japanese patent publication JP201314044A to Fukuba discloses security management using biometric authentication is performed automatically at the time of start-up or operation, without adding a new operation to the current operation, and at the same time achieving both ease of operation and confidentiality.
In an information processing apparatus 1 having a touch panel on a display screen 3, a fingerprint sensor 6 is provided at an end of the apparatus on an extension line of an activation slide operation with a finger on the touch panel, and an operator's fingerprint captured by the fingerprint sensor 6 is provided. If the fingerprint authentication unit 111 that matches the information and the registered fingerprint information of the administrator matches the verification result by the fingerprint authentication unit, an icon selection screen of a plurality of icons having a confidential function is displayed, and the verification result does not match In this case, the icon screen display means 112 that does not display the icon selection screen, the face image authentication camera 5 that captures the face image of the operator, and the face image and information of the operator that are captured by the face image authentication camera 5 It has face image authentication means 113 for collating with the registered face image of the manager of the processing apparatus 1. [This prior art is cited in the IDS]
B. Japanese patent publication JP201314044A to Ueda discloses: “When a mobile phone system 10 accesses service provision means 61, 71, when distance between a first position notified by a first notification means 12 and a second position notified by a second notification means 255 of a biological data detection portable terminal 20 is within a prescribed range and a one-time password generated on the sides of the service provision means 61, 71 matches a one-time password returned from the mobile phone system 10, provision of prescribed service by the service provision means 61, 71 is permitted. Here, the biological data detection portable terminal 20 displays the one-time password when the mobile phone system 10 exists within the prescribed distance. [This prior art is cited in the IDS]
C. Japanese patent publication JP2005293209A to Maki discloses: “To provide a personal identification device detecting a case wherein a user is forced to carry out improper operation in addition to inspection of authenticity by existing biometrics identification. <P>SOLUTION: The personal identification device 100 is provided with: a physical characteristics information measuring part 101 acquiring organism information indicating physical characteristics; a biometrics identification part 102 carrying out personal discrimination on the basis of the physical characteristics; an emotional characteristics information measuring part 103 acquiring organism information indicating emotional characteristics; an emotional biometrics determining part 104 determining a mental state of a person on the basis of the information of the emotional characteristics measured by the emotional characteristics information measuring part 103; and a comprehensive identification part 105 identifying the person and determining that an identification operation is in accordance with the intentions of the person on the basis of information of a determination result of the mental state by the emotional biometrics determining part 104, and information of a personal discrimination result by the biometrics identification part 102.” [This prior art is cited in the IDS]
D. US Publication No. 2015/0235055 A1 to An discloses a method and apparatus for processing biometric information in an electronic device including a processor that operates at a normal mode or at a secure mode, the method comprising, detecting a biometric input event from a biometric sensor module at normal mode, creating biometric data based on sensed data from the biometric sensor module at the secure mode, performing biometric registration or biometric authentication based on the created biometric data at the secure mode, and providing result information of biometric registration or biometric authentication at the normal mode.
E. US Publication No. 2016/0142407 A1 to Chun discloses a method for obtaining biometric information associated with a user of the electronic device from the electronic device is provided. The method includes determining condition information associated with the user based on at least the biometric information, displaying a notification corresponding to the biometric information via a display functionally connected to the electronic device when the condition information corresponds to a first predefined condition, and automatically executing an application associated with the biometric information when the condition information corresponds to a second predefined condition
F. US Patent No. 9111085 B1 to Darmour discloses system and method for electronic personal identity verification is provided. A user is registered with an authentication service, which includes providing to the service a biometric signature associated with the user and information personally known to the user. Identification data that includes the biometric signature is sent from an identification device worn by the user to a user device associated with the user. An input personally known to the user is received into the user device. Encrypted credentials are sent from the user device to the authentication service. The received encrypted credentials are compared to the biometric signature and the information provided to the authentication service. A claims token is sent from the authentication service to the user device upon the encrypted credentials matching the biometric signature and the information provided to the authentication service. An application is accessed via a third-party provider using the claims token.
G. See other cited prior arts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMSON B LEMMA whose telephone number is 571-272-3806. The examiner can normally be reached on M-F 8am-10pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shaw Yin Chen can be reached on to 571-272-8878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMSON B LEMMA/Primary Examiner, Art Unit 2498
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