Office Action 3: Non-Final Rejection (2024-06-06)
Rejection types: 102 - Lack of Novelty, 103 - Obviousness

CLAIMS:
Amendments to the Claims:

The listing of claims will replace all prior versions, and listings, of claims in the application:

Listing of Claims:

1-19. (cancelled)218

20\. (currently amended) A method comprising:capturing, at a first self-service kiosk, live biometric data of a person, the live biometric data including \[\[an \]\]a facial image of the person;
extracting, at the first self-service kiosk, reference biometric data from a biometric identification document, the reference biometric data including a reference facial image;
comparing the facial image with the reference facial image of the reference biometric data extracted from the biometric identification document to verify an identity of the person;
in response to verification of the identity of the person, storing enrollment data including (i)the facial image used for comparison with the reference facial image, and i. additional data corresponding to the person;
subsequent to storing the enrollment data, capturing, at a second self- service kiosk, further live biometric data of the person, the further live biometric data including a further facial image of the person;
in response to capturing the further live biometric data, retrieving the enrollment data;
comparing the further facial image with the facial image at of the enrollment data to authenticate the person; and
in response to authenticating the person based on the comparison of the further facial image with the facial image of the enrollment data, granting the person access to a restricted area, at the second self-service kiosk.

21\. (previously presented) The method of claim 20, further comprising, at the first self-service kiosk: extracting a portion of the additional data, comprising a unique identification number, from the biometric identification document.

22\. (previously presented) The method of claim 20, wherein storing the enrollment data includes encrypting the enrollment data with a key generated from at least a portion of the additional data.

23\. (previously presented) The method of claim 20, wherein storing the enrollment data includes storing the enrollment data in a central database.

24\. (currently amended) The method of claim \[\[20\]\]23, wherein the authentication process further comprises:storing, in the central database a plurality of additional sets of enrollment data corresponding to respective additional persons;
wherein retrieving the enrollment data includes performing a search of the central database, based on the further live biometric data.

25\. (cancelled)

26\. (previously presented) The method of claim 20, further comprising:when an authentication requirement for the person ends, deleting the enrollment data.

27\. (currently amended) A system comprising:a first self-service kiosk configured to:
capture live biometric data of a person, the live biometric data including \[\[an \]\]a facial image of the person;
extracting, at the first self-service kiosk, reference biometric data from a biometric identification document, the reference biometric data including a reference facial image for comparison with the
facial image to verify an identity of the person;
a central database configured, in response to verification of the identity of the person, to store enrollment data including (i)the facial image used for comparison with the reference facial image, and ii. additional data corresponding to the person;
a second self-service kiosk configured, subsequent to storage of the enrollment data, to:
capture further live biometric data of the person, the further live biometric data including a further facial image of the person, for comparison with the facial image of the enrollment data to authenticate the person; and
in response to authentication of the person based on the comparison of the further facial image with the facial image of the enrollment data, grant the person access to a restricted area.

28\. (previously presented) The system of claim 27, wherein the first self-service kiosk is further configured to: extract a portion of the additional data, comprising a unique identification number, from the biometric identification document.

29\. (previously presented) The system of claim 27, wherein the central database is configured to store the enrollment data encrypted with a key generated from at least a portion of the additional data.

30\. (previously presented) The system of claim 27, wherein the central database is further configured to store a plurality of additional sets of enrollment data corresponding to respective additional persons, and wherein the central database is searchable based on the further live biometric data.

31\. (cancelled)

32\. (previously presented) The system of claim 27, wherein the central database is controllable to delete the enrollment data when an authentication requirement for the person ends.

OFFICE ACTION:
DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection.  Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.  Applicant's submission filed on 2/29/24 has been entered.
Claims 20-24, 26-30, 32 are pending.  Claims 25 and 31 have been cancelled.  Claims 20, 24 and 27 have been amended.
Response to Amendment
Applicant’s amendments to claims 20, 24 and 27 have been considered and are accepted.  The Examiner finds that applicant's amendments do have support in applicant's as-filed disclosure.
Response to Arguments
Applicant’s arguments filed 02/29/2024 have been fully considered but they are not persuasive.
In light of applicant’s amendments, the objections to the title and claims are withdrawn.
Applicant’s arguments regarding the rejections of the claims under the prior art have been fully considered.  However, those arguments are rendered moot in light of the new grounds of rejection outlined below, which were necessitated by the applicant's amendment.
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 –
(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.
Claims 20-21, 23, 27, 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated  by Bouatou et al. (US Pub. 2016-125179 A1).
Bouatou discloses the following limitations:
20. (currently amended) A method comprising:
capturing, at a first self-service kiosk, live biometric data of a person, the live biometric data including a facial image of the person (para. 26- When arriving at the check-in desk 6, the traveller 1 shows his/her ticket, his/her biometric passport 2 and places his/her right hand on the fingerprint scanner 10. The check-in officer launches, in a single operation, the acquisitions 11.1, 11.2, 11.3, 11.4 and 11.5 of the traveller's 1 fingerprints with the fingers being respectively placed on the acquisition pads 10.1 to 10.5 of the fingerprint scanner 10.; para. 12- biometric characteristics acquired are advantageously selected from the following ones: fingerprint, vein, face, iris, skin texture, peri-ocular venous pattern; note- image of eye = facial image of the person; para. 33- The first biometric characteristic may also match the iris image of an eye and the second biometric characteristic may be the peri-ocular venous pattern of the same eye);
extracting, at the first self-service kiosk, reference biometric data from a biometric identification document, the reference biometric data including a reference facial image (para. 26- The biometric passport 2 is, in turn, placed on a specific reader that provides access to information contained in the secured chip 3, specifically the certified records 4 and 5 of the traveller's 1 right hand index and middle finger prints.);
comparing the facial image with the reference facial image of the reference biometric data extracted from the biometric identification document to verify an identity of the person (para. 26- The acquisitions 11.2 and 11.3 corresponding to the traveller's index and middle fingers prints are then compared with the certified records 4 and 5 contained in the secured chip 3 of the biometric passport 2.; para. 33- The first biometric characteristic may also match the iris image of an eye);
in response to verification of the identity of the person, storing enrollment data associating including (i) the facial image used for comparison with the reference facial image and (ii) additional data corresponding to the person (para. 26-  Upon completion of the comparison, the secured chip 3 transmits a piece of information indicating whether the biometrics characteristics are identical with or different from the certified records 4 and 5. If the acquisitions 11.2 and 11.3 match the records 4 and 5, the traveller 1 is identified as the passport holder and his/her civil status is confirmed. The server 12 then stores in a catalogue 15 of second biometric characteristics, the acquisitions 11.1, 11.4 and 11.5 corresponding to the traveller's 1 thumb, ring finger and little finger prints and then associates therewith a secondary identifier 16, here the traveller's flight number 1 together with his/her seat number on the plane,; para. 33- the second biometric characteristic may be the peri-ocular venous pattern of the same eye);
subsequent to storing the enrollment data, capturing, at a second self- service kiosk, further live biometric data of the person, the further live biometric data including a further facial image of the person (para. 33- the second biometric characteristic may be the peri-ocular venous pattern of the same eye.);
in response to capturing the further live biometric data, retrieving the enrollment data; comparing the further facial image with the facial image of the enrollment data to authenticate the person (para. 27- The acquisitions of the thumb, ring finger and little finger prints are sent to the server 12 which, after comparison, matches the acquired fingerprints and the acquisitions 11.1, 11.4 and 11.5 saved in the catalogue 15 and returns a message indicating the traveller's 1 secondary identifier 16, i.e. his/her flight number and seat on the plane to the remote display screen 11, to the attention of the security officer in charge of the check-point 7. The security officer then knows that the traveller 1 has regularly checked-in on one of the departing flights and the server 12 records that the traveller 1 has checked in his/her luggage; para. 33- the second biometric characteristic may be the peri-ocular venous pattern of the same eye.); and
in response to authenticating the person based on the comparison of the further facial image with the facial image of the enrollment data, granting the person access to a restricted area, at the second self-service kiosk. (para. 27- The traveller's 1 identification at the access point 8 to the boarding area takes place in the same manner and the server 1 records that the traveller has crossed the access point 8 to the boarding area. Thus, when checking in at the plane boarding desk 9, the traveller 1 identifies again as per his/her secondary identifier by scanning his/her thumb, his/her ring finger and his/her little finger prints. The server 12 confirms that the person whose thumb, ring finger and little finger prints have just been read is the traveller 1, that he/she actually went through all the check-points prior to the flight and that he/she can therefore enter the plane.; para. 33- The first biometric characteristic may also match the iris image of an eye and the second biometric characteristic may be the peri-ocular venous pattern of the same eye)
21. (previously presented) The method of claim 20, further comprising, at the first self-service kiosk: extracting a portion of the additional data, comprising a unique identification number, from the biometric identification document. (para. 30- The scanner 54 reads the data 55 of the area 53. It is connected to a processing unit 56 which queries in a manner known per se, the biometric characteristic data base 57 associating MRZ area data and certified records of biometric characteristics. The processing unit 56 identifies the field 58 of the database 57 containing the information 55 and then uses the certified records 4 and 5 of the traveller's right hand prints of his/her index and middle finger associated with the field 58 to make a comparison with the acquisitions 11.2 and 11.3.)
23. (previously presented) The method of claim 20, wherein storing the enrollment data includes storing the enrollment data in a central database. (paras. 26-27- server 12)
Claims 22 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Bouatou and further in view of Gormley et al. (US Pub. 20130305059 A1).
Regarding claim 22, Bouatou does not specifically teach wherein storing the enrollment data includes encrypting the enrollment data with a key generated from at least a portion of the additional data.  However, in the related art of using biometric passports, Gormley teaches storing the enrollment data includes encrypting the enrollment data with a key generated from at least a portion of the additional data. (see paras. 48-50).  Therefore, one of ordinary skill in the art as of the effective filing date of the claimed invention, would have found it obvious to use this teaching of Gormely  with the disclosure of Bouatou as a known way of protecting the enrollment data from an eavesdropper intercepting the data as suggested by Gormley.
Claims 24 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Bouatou and further in view of Hoyos et al. (US Pub. 20080122578 A1)
Regarding claim 24 (currently amended), although Boutaou teaches storing enrollment data for a traveller on an airplane, it does not specifically teach storing, in the central database a plurality of additional sets of enrollment data corresponding to respective additional persons; wherein retrieving the enrollment data includes performing a search of the central database, based on the further live biometric data.  However, in the related art of identifying passengers at various checkpoints, Hoyos teaches storing, in the central database a plurality of additional sets of enrollment data corresponding to respective additional persons; wherein retrieving the enrollment data includes performing a search of the central database, based on the further live biometric data.  (see Fig. 1, para. 9, 20- image database (i.e. central database) storing plurality of biometric templates being made available for authentication) and therefore, one of ordinary skill in the art as of the effective filing date of the claimed invention would have found it obvious to use this teaching of Hoyos with the disclosure of Boutaou as a known way of using biometrics to authenticate multiple passengers through a secondary security check point such as at a boarding area/gate area.
Claims 26 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Boutaou and further in view of Fukuda (US Pub. 200226048 A1)
Regarding claim 26 (new), Boutaou does not specifically teach when an authentication requirement for the person ends, deleting the enrollment data. However, this concept of deleting biometric data of a user after the ending of an authentication requirement is known and used in the art of biometric authentication as evidenced by Fukuda (see para. 44, claim 6) and therefore, one of ordinary skill in the art as of the effective filing date of the claimed invention would have found it obvious to use this teaching of Fukuda with the disclosure of Boutaou as a known way of preventing unauthorized future use of a user’s biometric data.
Regarding claims 27-30, 32 they are rejected as applied to claims 20-22 and 24, 26 because a corresponding system would have been necessitated to carry forth the method steps of claims 27-30, 32.  The applied prior art also discloses the corresponding architecture.  (see Figs. 1, 3, 4)
Conclusion

APPLICANT REBUTTAL: Remarks/Ar
q
uments:
Summary of Claim Amendments
Claims 20 and 27 have been amended to further define the subject matter recited therein. Claims 25 and 31 have been cancelled. No new matter is added by way of these amendments.
Title
The title stands objected to as not being descriptive. The title has been amended to further describe the invention as claimed.
Claim Objections
Claim 24 stands objected to for lacking antecedence for the term "the central database". Claim 24 has been amended to depend on claim 23, which introduces the central database.
Claim Rejections Under 35 USC 102 and 103
Claims 20-23, 25, 27, 28, and 31 stand rejected as being anticipated by Bouatou (US 201 6/01 251 79). Claims 22 and 29 stand rejected as being obvious in view of Bouatou and Gormley (US 2013/0305059). Claims 24 and 30 stand rejected as being obvious in view of Bouatou and Hoyos (US 2008/0122578). Claims 26 and 32 stand rejected as being obvious in view of Bouatou and Fukuda (US 2009/0226048). Applicant submits that the claims as amended are patentable for at least the reasons set out below.
Bouatou does not disclose at least the following limitations of independent claim 20 as amended, or the equivalent limitations of independent claim 27 as amended:
''comparing the facial image with the reference facial image of the
reference biometric data extracted from the biometric identification document
to verify an identity of the person
in response to verification of the identity of the person, storing
enrollment data including the facial image used for comparison with the
reference facial image, and additional data corresponding to the person"
Bouatou discloses a system in which biometric information stored on a document such as a passport, e.g., index and middle fingerprints (see paragraph 0026) is used to initially authenticate the identity of a person, but
is not
stored within the system for subsequent identification. For example, Bouatou states at the end of paragraph 0026:
"... the acquisitions 11.2 and 11.3 of the traveller's 1 index and middle finger
prints are not saved in the server 12."
Instead, Bouatou's system stores
other
fingerprints for use in later authentications, e.g., the thumb, little finger, and ring fingerprints (see para 0027). The stored fingerprints are distinct from those compared with the fingerprints of the biometric identification document. In other words, even substituting a facial image for fingerprints, Bouatou does not compare a captured facial image with a reference facial image from a biometric document, and
then store enrollment data
that includes the same captured facial image. Bouatou, instead, explicitly teaches against storing the same information as used for the initial verification.
Applicant submits that Gormley, Hoyos, and Fukuda also lack the above claim limitations. Further, Bouatou's explicit aim to use distinct biometric information at enrollment than is later used for authentication would lead the skilled person away from incorporating the claimed limitations into Bouatou, even if those limitations were found elsewhere.
The claims are patentable for at least the above reasons. Reconsideration and allowance of all pending claims is respectfully requested.
Conclusion

NEXT OFFICE ACTION: DETAILED ACTION
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 .
Reasons for Allowance
Claims 20-24, 26-30 and 32 are allowed.
The following is an examiner’s statement of reasons for allowance:
The primary reason for allowance is that the prior art of record fails to teach or render obvious the following subject matter in combination with other elements of the independent claims as well as Applicant’s arguments of record as to the distinguishing claim features over the applied prior art being persuasive; “in response to verification of the identity of the person, storing enrollment data including (i) the facial image used for comparison with the reference facial image, and (ii) additional data corresponding to the person; subsequent to storing the enrollment data, capturing, at a second self- service kiosk, further live biometric data of the person, the further live biometric data including a further facial image of the person; in response to capturing the further live biometric data, retrieving the enrollment data; comparing the further facial image with the facial image of the enrollment data to authenticate the person; and in response to authenticating the person based on the comparison of the further facial image with the facial image of the enrollment data, granting the person access to a restricted area, at the second self-service kiosk.”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

CITED REFERENCE SUMMARIES: Ref US20130305059A1: Claims:
A decryption system for decrypting user information encrypted on a storage device associated with a user identity document, the system comprising: a server configured to collect user identity document data from the or a user and to construct a token comprising the user identity document data; a key construction unit communicatively coupled to a reader configured to read the data from the token; wherein the key construction unit uses the user identity document data read from the token to construct a key for decrypting the user information stored on the storage device.
a server configured to collect user identity document data from the or a user and to construct a token comprising the user identity document data;
a key construction unit communicatively coupled to a reader configured to read the data from the token;
wherein the key construction unit uses the user identity document data read from the token to construct a key for decrypting the user information stored on the storage device.
A decryption system according to claim 1 wherein the key construction unit derives the key based on one or more of a user identity document number, an expiry date of the user identity document and preferably a user's date of birth.
A decryption system according to claim 1 wherein the or a user manually enters the user identity document data prior to the reader reading the data encoded on the token.
A decryption system according to claim 1 in which the reader is configured to read the user information stored on the storage device.
A decryption system according to claim 1 in which the token further comprises user identification information and in particular in which the reader is further configured to read the user identification information from the token.
A decryption system according to claim 5 further comprising a comparator for comparing the user identification information read from the token and the user information decrypted from the storage device associated with the user identity document.
A decryption system according to claim 5 further comprising a comparator for comparing the user identification information read from the token and the user information decrypted from the storage device associated with the user identity document and further comprising authentication means for authenticating the user depending upon the result of the comparison.
A decryption system according to claim 1 further comprising a mobile device associated with a user for storing the token.
A decryption system according to claim 1 in which the token is a boarding pass having the user identity document data encoded in a specific region of the boarding pass.
A decryption system according to claim 1 further comprising a mobile device associated with a user for storing the token, wherein the mobile device comprises a near field communication, NFC, chip communicatively coupled with the mobile device for transmitting the token to the reader such as an airport check-in security desk.
A decryption system according to claim 1 in which the key construction unit is configured to construct the key in response to the reader reading the user identity document data encoded in machine readable form on or within the token.
A decryption system according to claim 1 in which the identity document reader is primed to decrypt the user identification information encrypted on or within the storage device in response to the reader reading the user identity document data from the token.
A decryption system according to claim 1 in which the reader is a wireless reading means preferably comprising a near field communication, NFC, reading means configured to communicate with a mobile device for storing the token storage device and further preferably comprising a radio frequency identification, RFID, reading means configured to communicate with the storage device.
A boarding pass for use with the decryption system of claim 1 , the pass comprising: user identity document data associated with a user identity document, the data encoded in a machine readable form wherein the data is encoded on or within a predetermined region of the token and the data comprises a user identity document number and an expiry date of the user identity document and preferably the user's date of birth.
user identity document data associated with a user identity document, the data encoded in a machine readable form wherein the data is encoded on or within a predetermined region of the token and the data comprises a user identity document number and an expiry date of the user identity document and preferably the user's date of birth.
A token generating system for generating a boarding pass and the like comprising: a server configured to collect user identity document data from a user and to construct a token such as a boarding pass including the user identity document data encoded in a machine readable form wherein the server is configured to generate the token having the data encoded on or within a predetermined region and the data comprises a user identity document number and an expiry date of the user identity document and preferably the user's date of birth.
a server configured to collect user identity document data from a user and to construct a token such as a boarding pass including the user identity document data encoded in a machine readable form wherein the server is configured to generate the token having the data encoded on or within a predetermined region and the data comprises a user identity document number and an expiry date of the user identity document and preferably the user's date of birth.
A decryption system for decrypting user information encrypted on a storage device associated with a user identity document, the system comprising: a reader configured to read data from a token such as a boarding pass and the like, the token including user identity document data encoded in a machine readable form, the reader configured to read the data encoded on the storage device; and a key construction unit configured to derive a key from the user identity document data encoded on or within the token which enables the reader to decrypt the user information stored on the storage device.
a reader configured to read data from a token such as a boarding pass and the like, the token including user identity document data encoded in a machine readable form, the reader configured to read the data encoded on the storage device; and
a key construction unit configured to derive a key from the user identity document data encoded on or within the token which enables the reader to decrypt the user information stored on the storage device.
A decryption system according to claim 16 in which the reader is configured to read the user identity document data from a predetermined region of the token.
A decryption system for decrypting user information encrypted on a storage device associated with a user identity document, the system comprising: a server configured to collect user identity document data from the or a user and to construct a token comprising the user identity document data; a reader configured to read the data from the token wherein the reader uses the user identity document data read from the token to decrypt the user information stored on the storage device.
a reader configured to read the data from the token wherein the reader uses the user identity document data read from the token to decrypt the user information stored on the storage device.
A decryption system according to claim 18 wherein the reader is a portable reader or scanner such as a mobile telephone.
A decryption system according to claim 18 in which the user identity document is a passport and preferably in which the user identity document or passport is pre-stored on a mobile communication device, preferably in a secured manner.
The decryption system according to claim 18 further comprising the step of reading a user identity document biometric facial image using the user identity document data.
The decryption system according to claim 18 further comprising the step of capturing an image of the user with a camera and preferably the step of comparing the captured image with the passport biometric facial image read from the user identity document.
Ref US20080122578A1: Claims:
A process for ensuring the provenance of passengers at a transportation facility, comprising: providing a first biometric reading device at a first station associated with a check-in area of the transportation facility; providing a second biometric reading device at a second station associated with a departure or boarding area of the facility; acquiring a first biometric template of a given passenger arriving at the check-in area using the first reading device; entering a name or other information corresponding to the given passenger into a background check system; forwarding the acquired first biometric template from the first station to the second station; acquiring a second biometric template of the given passenger using the second reading device when the passenger appears at the second station associated with the departure or boarding area; comparing the second biometric template with each of a number of biometric templates forwarded to the second station from the first station and corresponding to all passengers that have checked in for departure on the same vehicle as the given passenger; and determining whether or not a match exists between the second biometric template and one of the biometric templates forwarded to the second station from the first station.
providing a first biometric reading device at a first station associated with a check-in area of the transportation facility;
providing a second biometric reading device at a second station associated with a departure or boarding area of the facility;
acquiring a first biometric template of a given passenger arriving at the check-in area using the first reading device;
entering a name or other information corresponding to the given passenger into a background check system;
forwarding the acquired first biometric template from the first station to the second station;
acquiring a second biometric template of the given passenger using the second reading device when the passenger appears at the second station associated with the departure or boarding area;
comparing the second biometric template with each of a number of biometric templates forwarded to the second station from the first station and corresponding to all passengers that have checked in for departure on the same vehicle as the given passenger; and
determining whether or not a match exists between the second biometric template and one of the biometric templates forwarded to the second station from the first station.
The process of claim 1 , including comparing the first biometric template acquired at the first station with a preexisting template obtained previously for the given passenger and stored in an image database.
Ref US200226048A1: [content unavailable]