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 .
DETAILED ACTION
1. The following is a non-Final Office Action in response to applicant’s arguments/filing filed on July 9, 2025
Claims 1-10 are pending
Foreign Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in the instant Application, filed on 7/9/2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/9/2025 was filed prior to the mailing date of the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 3/6/2026 was filed prior to the mailing date of the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
Acknowledgment is made of applicant’s drawings submitted on 7/9/2025.
Oath/Declaration
Acknowledgment is made of applicant’s oath submitted on 7/9/2025
Application Data Sheet
Acknowledgment is made of applicant’s application data sheet submitted on 7/9/2025.
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.
Claim 10 is rejected under 35 U.S.C. 101 because they are directed to non-statutory subject matter as failing to fall within a statutory category and as being directed to software per se since the claim(s) are missing a hardware element in the body of the claim limitations. Although the preamble of the claim(s) recites "A use authentication system" it does not inherently mean that the claim(s) are directed to a machine. The specification on page 10, lines 20-21, discloses that an authentication device includes a CPU and memory. However, the claim does not specifically recite an authentication device. Therefore, by the broadest reasonable interpretation, a device may be a non-structural element. Therefore, it is interpreted that all the features including the device as recited in claim 10 are software. Therefore claim 10 is interpreted as software per se and are not statutory since they are missing a hardware element in the body of the claim limitations to perform the steps. Appropriate correction is required
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
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.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
1.) Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by IDS supplied reference, US 20210331647, Kokeun
In regards to claim 1, Kokeun teaches a user authentication method for authenticating a user who is riding in a vehicle, the user authentication method comprising:authenticating the user at a first point in time(US 20210331647, Kokeun, para. 0115, before information for implicit authentication is registered, the first authentication is performed only by the complex biometric information. In this instance, the first authentication may be performed only with the biometric information acquired through the complex biometric sensors such as fingerprint recognition sensors, face recognition sensors, iris recognition sensors and voice recognition sensors equipped in the vehicle.);determining whether a specific condition for the user is met(US 20210331647, Kokeun, para. 0117 and 0122: [0117]- Upon successful completion of the first authentication, the vehicle operation may be initiated and a request to start registration for implicit authentication may be made. Upon request to start registration for implicit authentication, driver's identification information and driving habit information are collected during vehicle operation.[0122]- the authentication success is determined by calculating the matching score between the identification information and driving habit information detected through the sensors in the vehicle) when the user performs, at a second point in time, an operation on a device provided to the vehicle(US 20210331647, Kokeun, para. 0118, during the operation of the vehicle after success of the first authentication, the complex biometric authentication system in accordance with the present disclosure may detect occurrence of the authentication request (503). The occurrence of authentication request may include a suspected theft of the vehicle, a possible theft of the vehicle, and a situation requiring payment authentication.), the second point in time being after the user is authenticated(US 20210331647, Kokeun, para. 0118, during the operation of the vehicle after success of the first authentication,); andskipping authentication of the user for the operation on the device, when the specific condition is determined to be met(US 20210331647, Kokeun, para. 0122, the authentication success is determined by calculating the matching score between the identification information and driving habit information detected through the sensors in the vehicle with the pre-stored implicit authentication information, without explicit user action as in the first authentication.[i.e. note: explicit authentication is skipped]).
In regards to claim 2, Kokeun teaches the user authentication method according to claim 1, further comprising:updating an authentication status of the user to information indicating an authenticated status when the user is authenticated at the first point in time, wherein, in the determining, whether the specific condition is met is determined based on the authentication status at the second point in time(US 20210331647, Kokeun, para. 0125, When a second authentication performed following the occurrence of the authentication request is successful, the explicit authentication may be maintained (507). In other words, the system treats the first authentication as valid. In this instance, it is not necessary to output an alarm to indicate that the second authentication has been successful or to maintain the first authentication.).
In regards to claim 3, Kokeun teaches the user authentication method according to claim 2, wherein, in the determining, the specific condition is determined to be met when the authentication status indicates the authenticated status, and the specific condition is determined not to be met when the authentication status indicates an unauthenticated status(US 20210331647, Kokeun, para. 0126, In the event that a second authentication performed following the occurrence of the authentication request fails, the explicit authentication is released and the third authentication is performed (508). At this time, information may be outputted to indicate that the first authentication, the explicit authentication, has been released.).
In regards to claim 4, Kokeun teaches the user authentication method according to claim 2, further comprising:updating the authentication status to information indicating an unauthenticated status, when the user is detected, at a third point in time, to have exited the vehicle, the third point in time being after the first point in time(US 20210331647, Kokeun, para. 0057, The vehicle's biometric sensor 100 may be automatically converted to an inactive state after a certain period of time has elapsed since the driver's vehicle exit was detected.).
In regards to claim 5, Kokeun teaches the user authentication method according to claim 4, further comprising:determining that the user has not exited the vehicle when at least one of conditions is met throughout a period of time from the first point in time to the third point in time, the conditions including (i) that a load applied to a seat of the vehicle is continuously being detected, (ii) that use of a seat belt of the vehicle is continuously being detected, (iii) that the user is being continuously captured by an imaging device in the vehicle, (iv) that a vehicle speed of the vehicle is continuously greater than zero, and (v) that a window or a door of the vehicle is continuously closed(US 20210331647, Kokeun, para. 0056, Driver's boarding in the vehicle may be detected by sensors equipped in the vehicle. For example, vehicle boarding may be detected through signals received from the vehicle's door opening and closing sensors, and changes in pressure received by the driver's seat pressure sensors, etc. In addition, driver's boarding may be detected on the basis of signals received from outside the vehicle. For example, when a vehicle start signal is received from the smart key, it can be apprehended that vehicle boarding is performed from the time the signal is received.).
In regards to claim 6, Kokeun teaches the user authentication method according to claim 1, wherein the specific condition includes a condition that the user at the first point in time and the user at the second point in time are a same person(US 20210331647, Kokeun, para. 0088, The driver identification information may include at least part of the plurality of biometric information or biometric information other than the plurality of biometric information. Here, the conditions of the other biometric information may be met if it is an element of circumstances, which can be assumed to be the same person as the driver,).
In regards to claim 7, Kokeun teaches the user authentication method according to claim 1 wherein the first point in time is a point in time at which the user performs the operation on the device(US 20210331647, Kokeun, para. 0115, before information for implicit authentication is registered, the first authentication is performed only by the complex biometric information. In this instance, the first authentication may be performed only with the biometric information acquired through the complex biometric sensors such as fingerprint recognition sensors, face recognition sensors, iris recognition sensors and voice recognition sensors equipped in the vehicle.).
In regards to claim 8, Kokeun teaches the user authentication method according to claim 1, wherein the first point in time is a point in time at which the user starts an engine of the vehicle(US 20210331647, Kokeun, para. 0076, when a driver opens or closes a vehicle door to enter a vehicle, a fingerprint recognition sensor placed on the door, a pressure sensor for the driver's seat when the driver sits on the driver's seat, a face recognition sensor through a camera, an iris recognition sensor, and fingerprint information detected while applying a push input to the start button for the vehicle are naturally transmitted to the first authentication unit 230 through the controller 250.).
In regards to claim 9, Kokeun teaches the user authentication method according to claim 1, further comprising:requesting authentication of the user for the operation on the device, when the specific condition is determined not to be met(US 20210331647, Kokeun, para. 0126 and 0127: [0126]- In the event that a second authentication performed following the occurrence of the authentication request fails, the explicit authentication is released and the third authentication is performed (508). At this time, information may be outputted to indicate that the first authentication, the explicit authentication, has been released.[0127]- On the other hand, the third authentication means additional biometric authentication carried out in situations where the vehicle is suspected of theft or the driver is not a true driver. Therefore, it means explicit authentication.).
In regards to claim 10, Kokeun teaches a user authentication system that authenticates a user who is riding in a vehicle, the user authentication system comprising:an authenticator that authenticates the user at a first point in time(US 20210331647, Kokeun, para. 0115, before information for implicit authentication is registered, the first authentication is performed only by the complex biometric information. In this instance, the first authentication may be performed only with the biometric information acquired through the complex biometric sensors such as fingerprint recognition sensors, face recognition sensors, iris recognition sensors and voice recognition sensors equipped in the vehicle.); andan authentication necessity determiner that determines whether a specific condition for the user is met(US 20210331647, Kokeun, para. 0117 and 0122: [0117]- Upon successful completion of the first authentication, the vehicle operation may be initiated and a request to start registration for implicit authentication may be made. Upon request to start registration for implicit authentication, driver's identification information and driving habit information are collected during vehicle operation.[0122]- the authentication success is determined by calculating the matching score between the identification information and driving habit information detected through the sensors in the vehicle) when the user performs, at a second point in time, an operation on a device provided to the vehicle(US 20210331647, Kokeun, para. 0118, during the operation of the vehicle after success of the first authentication, the complex biometric authentication system in accordance with the present disclosure may detect occurrence of the authentication request (503). The occurrence of authentication request may include a suspected theft of the vehicle, a possible theft of the vehicle, and a situation requiring payment authentication.), the second point in time being after the user is authenticated(US 20210331647, Kokeun, para. 0118, during the operation of the vehicle after success of the first authentication,), wherein the authentication necessity determiner causes the authenticator to skip authentication of the user for the operation on the device, when determining that the specific condition is met(US 20210331647, Kokeun, para. 0122, the authentication success is determined by calculating the matching score between the identification information and driving habit information detected through the sensors in the vehicle with the pre-stored implicit authentication information, without explicit user action as in the first authentication.[i.e. note: explicit authentication is skipped]).
CONCLUSION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY LANE whose telephone number is (571)270-7469. The examiner can normally be reached on 571 270 7469 from 8:00 AM to 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Taghi Arani, can be reached on 571 272 3787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY A LANE/Examiner, Art Unit 2438
/TAGHI T ARANI/Supervisory Patent Examiner, Art Unit 2438
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