Office Action 1: Non-Final Rejection (2023-08-23)
Rejection types: 103 - Obviousness

CLAIMS:
WE CLAIM:

1\. An adaptive verification system comprising:
a memory storing a plurality of animation templates; and
a processor, the processor configured to perform a first challenge process to:
request a first user image from a first predetermined distance, receive the first user image, request a second user image from a second predetermined distance, receive the second user image, transmit the first user image and the second user image for a verification process, the verification process including identification of one or more user attributes, receive a third user image associated with the one or more user attributes identified during the verification, and
display the third user image including an adaptation, wherein the adaptation is generated for at least one of the plurality of animation templates, the adaptation illustrating the one or more user attributes.
2\. The adaptive verification system of claim 1, wherein the processor is further configured to subject receipt of each of the first user image and the second user image within a predetermined time.
3\. The adaptive verification system of claim 2, wherein the processor is further configured to delay the first challenge process if either of the first user image or the second user image are not received within the predetermined time.
4\. The adaptive verification system of claim 1, wherein the verification process further comprises comparison of the first user image and the second user image with reference data that includes user information.
5\. The adaptive verification system of claim 1, wherein the processor is further configured to display one or more instructions when requesting the first user image and the second user image.
6\. The adaptive verification system of claim 1, wherein the second predetermined distance exceeds the first predetermined distance.
7\. The adaptive verification system of claim 1, wherein the one or more user attributes includes at least one selected from the group of a skin or complexion tone, an eye color, a body build, and a hair color.
8\. The adaptive verification system of claim 1, wherein the processor is further configured to perform a second challenge process including verification of one or more user input credentials.
9\. The adaptive verification system of claim 1, wherein the processor is further configured to perform the first challenge process for one or more predetermined transactions.

10\. The adaptive verification system of claim 1, wherein the adaptation depicts a manner in which a user captures the first user image and the second user image.

11\. A method of adaptive verification, the method comprising the steps of:
requesting, by a processor, a first user image from a first predetermined distance;
receiving, by the processor, the first user image;
requesting, by the processor, a second user image from a second predetermined distance; receiving, by the processor, the second user image;
transmitting, by the processor, the first user image and the second user image for a verification process, the verification process including identification of one or more user attributes;
receiving, by the processor, a third user image associated with the one or more user attributes identified during the verification; and
displaying, by the processor, the third user image, the third user image comprising an adaptation that is generated for at least one of a plurality of animation templates, the adaptation illustrating the one or more user attributes.

12\. The method of claim 11, further comprising subjecting, by the processor, receipt of each of the first user image and the second user image within a predetermined time.

13\. The method of claim 12, further comprising delaying, by the processor, the verification process if either of the first user image or the second user image are not received within the predetermined time.

14\. The method of claim 11, wherein the verification process further comprises comparison of the first user image and the second user image with reference data that includes user information.

15\. The method of claim 11, further comprising displaying, by the processor, one or more instructions when requesting the first user image and the second user image.

16\. The method of claim 11, wherein the second predetermined distance exceeds the first predetermined distance.

17\. The method of claim 11, wherein the adaptation depicts a manner in which the user captures the first user image and the second user image.

18\. The method of claim 11, wherein the one or more user attributes includes at least one selected from the group of a skin or complexion tone, an eye color, a body build, and a hair color.

19\. The method of claim 11, further comprising performing, by the processor, the verification process for one or more predetermined transactions.

20\. A computer-readable non-transitory medium comprising computer-executable instructions that, when executed by at least one processor, perform procedures comprising the steps of. requesting a first user image from a first predetermined distance;
receiving the first user image;
requesting a second user image from a second predetermined distance;
receiving the second user image;
transmitting the first user image and the second user image for a verification process, the verification process including identification of one or more user attributes;
receiving a third user image associated with the one or more user attributes identified during the verification; and
displaying, by the processor, the third user image, the third user image comprising an adaptation that is generated for at least one of a plurality of animation templates, the adaptation illustrating the one or more user attributes. 34 35 36 37

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 .
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.
Claims 1, 4-11, 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tussy (UB Pub. 20210011986 A1) and further in view of Morgana et al. (US Pub. 20170270348 A1).
Regarding claim 1, Tussy discloses an adaptive verification system comprising:
a memory storing a plurality of animation templates (para. 17- the system may provide prompts on a video feedback display to aid the user in moving the device relative to the user's head during enrollment and/or authentication. The prompts may include ovals or frames displayed on the display screen in which the user must place his or her face by moving the mobile device until his or her face is within the oval or frame. The prompts may preferably be of differing sizes and may also be centered on different positions of the screen. ;para. 202- Of course, in FIGS. 13A and 13B, shapes or guides other than ovals 1320 and 1330 may be used to guide the user to hold the mobile device 1310 at the appropriate distance from his or her face. For example, the mobile device 1310 may show a full or partial square or rectangle frame. Further, the system may vary the size and location of the frame, such as the ovals 1320, 1330 to add further security. For example, the system may require a medium sized frame, a small frame, and then a large frame. As another example, the system may require a small frame at a first location and a second location, and then a large frame. This may be done randomly to teach different users different enrollment and authentication movements; para. 203- indicators, such as lights, words, or symbols may be presented on the screen to be visible to the user to direct the user to the desired distance that the mobile device should be from the user..; note- prompts/shapes/guilds/indicators = animation templates); and a processor, the processor configured to perform a first challenge process to:
request a first user image from a first predetermined distance, receive the first user image (para. 29-  a second image which are captured by a camera associated with the second computing device. As such, the first image is captured by the camera located at a first distance from the user and the second image captured by the camera located at a second distance from the user.; para. 193- The user does this by bringing the mobile device 1310 closer to his or her face in a generally straight line to the user's face (such as shown in FIGS. 7A and 7B) until the user's face fills the oval 1330; para. 199- close & far distances; note- second image = claimed first image), request a second user image from a second predetermined distance , receive the second user image (para. 22- The first image is captured when the user is a first distance from the authentication camera.; para. 37- The first distance may be far from the user, such as at arms-length; note- first image = claimed second image),
transmit the first user image and the second user image for a verification process, the verification process including identification of one or more user attributes (Fig. 8; para. 82- The term biometric data may include among other information biometric information concerning facial features ),
receive a third user image associated with the one or more user attributes identified during the verification (para. 17- the system may provide prompts on a video feedback display to aid the user in moving the device relative to the user's head during enrollment and/or authentication. The prompts may include ovals or frames displayed on the display screen in which the user must place his or her face by moving the mobile device until his or her face is within the oval or frame. The prompts may preferably be of differing sizes and may also be centered on different positions of the screen.), and display the third user image including an adaptation wherein the adaptation is generated for at least one of the plurality of animation templates (para. 17- the system may provide prompts on a video feedback display to aid the user in moving the device relative to the user's head during enrollment and/or authentication. The prompts may include ovals or frames displayed on the display screen in which the user must place his or her face by moving the mobile device until his or her face is within the oval or frame. The prompts may preferably be of differing sizes and may also be centered on different positions of the screen. ;para. 202- Of course, in FIGS. 13A and 13B, shapes or guides other than ovals 1320 and 1330 may be used to guide the user to hold the mobile device 1310 at the appropriate distance from his or her face. For example, the mobile device 1310 may show a full or partial square or rectangle frame. Further, the system may vary the size and location of the frame, such as the ovals 1320, 1330 to add further security. For example, the system may require a medium sized frame, a small frame, and then a large frame. As another example, the system may require a small frame at a first location and a second location, and then a large frame. This may be done randomly to teach different users different enrollment and authentication movements; para. 203- indicators, such as lights, words, or symbols may be presented on the screen to be visible to the user to direct the user to the desired distance that the mobile device should be from the user..; note- prompts/shapes/guilds/indicators = animation templates),
Tussy does not specifically discloses that the adaptation is illustrating the one or more user attributes.  However, in the related art of prompting users in taking selfies, Morgana teaches an adaptation illustrating the one or more user attributes.  (see paras. 37, 67-68)  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 Morgana with the disclosure of Tussy as a known way of providing a customized prompt appropriate for each user.
Regarding claim 4, Tussy discloses in the adaptive verification system of claim 1, wherein the verification process further comprises comparison of the first user image and the second user image with reference data that includes user information. (para. 22- the first image is captured when the user is a first distance from the authentication camera. Capturing a second image with the authentication camera, such that the second image is captured when the user is at a second distance from the authentication camera. The first distance is different than the second distance. The method of operation also includes processing the first image to create first authentication biometric information and processing the second image to create second authentication biometric information. The method also compares the first authentication biometric information to the second authentication biometric information and compares the root biometric identity information with the first authentication biometric information, the second authentication biometric information, or both. The method will authenticate the user when the comparing determines that the first authentication biometric information matches the second authentication biometric information within a threshold,)
Regarding claim 5, Tussy discloses in the adaptive verification system of claim 1, wherein the processor is further configured to display one or more instructions when requesting the first user image and the second user image. para. 203- indicators, such as lights, words, or symbols may be presented on the screen to be visible to the user to direct the user to the desired distance that the mobile device should be from the user..
Regarding claim 6, Tussy discloses in the adaptive verification system of claim 1, wherein the second predetermined distance exceeds the first predetermined distance. (para. 29- the first image is captured by the camera located at a first distance from the user and the second image captured by the camera located at a second distance from the user, with the second distance less than the first distance.)
Regarding claim 7, Morgana discloses in the adaptive verification system of claim 1, wherein the one or more user attributes includes at least one selected from the group of a skin or complexion tone, an eye color, a body build, and a hair color. (para. 37- the generic guide 506 may be customized to a personalized guide 508 that aligns to the facial features of the face 510 of the customer as shown in a display 504. For example, the eyes, the nose, the mouth, the size and shape of the general outline of the face 510 of the customer 110 may be aligned with the personalized guide 508.)
Regarding claim 8, Tussy discloses in the adaptive verification system of claim 1, wherein the processor is further configured to perform a second challenge process including verification of one or more user input credentials. (para. 126- For example, a user may attempt to log in to a user account. When a user attempts to log in, instead of or in addition to providing typical account credentials such as user name and password, the user may again take a plurality of images or video of his or her face as the mobile device 112 is held in the hand and moved to different positions relative to the head (“authentication images”) in the same manner as was done during enrollment (such as shown in FIGS. 6A-7B).)
Regarding claim 9, Tussy discloses in the adaptive verification system of claim 1, wherein the processor is further configured to perform the first challenge process for one or more predetermined transactions. (para. 39- It is contemplated that the biometric trust profile may include a trust score representing a level of trust for the biometric trust profile such that the trust score is based on one or more of the following: financial transaction amount, number of financial transactions, and how long ago the creation of the first biometric information occurred. In one arrangement, the financial transaction is payment of money to a third party.)
Regarding claim 10, Tussy discloses in the adaptive verification system of claim 1, wherein the adaptation depicts a manner in which a user captures the first user image and the second user image. (para. 194- Thus, the system provides and teaches the user a simple method to provide enrollment and authentication images along with enrollment and authentication movement as explained above. The system may also teach varying enrollment and authentication movement by varying the location of the small oval 1320 on the screen 1315, and by changing the order and the size of the ovals displayed. For example, the user may zoom in ½ way, then out, then in all the way, by moving the mobile device. The system may be configured to monitor that the camera's zoom function (when equipped) is not in use, which typically requires the user to touch the screen.)
Claims 2-3, 12-13, are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Tussy and Morgana and further in view of Kato et al.  (US Pub. 20200143186 A1).
Regarding claims 2 and 3, although Tussy teaches a trust score for the biometric information to include how old the first biometric information is (see para. 39), it does not specifically disclose wherein the processor is further configured to subject receipt of each of the first user image and the second user image within a predetermined time and configured to delay the first challenge process if either of the first user image or the second user image are not received within the predetermined time.  However, in the related art of face authentication, Kato teaches to subject receipt of each of the first user image and the second user image within a predetermined time and configured to delay the first challenge process if either of the first user image or the second user image are not received within the predetermined time.  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 Kato with the disclosure of Tussy and Morgana as a known way of ensuring that a user is not trying to impersonate an authorized user through the user of a photograph, etc as suggested by Kata (see para. 26)
Regarding claims 11-19, the subject matter claimed pertains to method steps that correspond to the system elements of claims 1-7, 9-10 and thus rejected for the same analysis.  Implementing the system would have necessitated carrying through the method steps as recited.
Regarding claim 20, it merely recites a computer program that when executed, performs the functional steps of method claim 11, and thus, rejected for the same rationale.
Conclusion

APPLICANT REBUTTAL: REMARKS
The Non-Final Office Action has been reviewed and carefully considered. Claims 1-20 are currently pending and stand rejected. In this response, claims 1, 11, and 20 have been amended. Support for these amendments can be found in at least paragraphs [0035], [0036], [0048], and [0049] of the originally-filed specification and in the originally-filed claims. No new matter has been added.
In view of the foregoing amendments and following remarks, favorable reconsideration of the current rejections in the present application is respectfully requested.
I.
REJECTION UNDER 35 U.S.C.
§
Claims 1, 4-11 and 14-20 stand rejected under 35 U.S.C § 103 as allegedly being unpatentable over Tussy, U.S. Patent Publication No. 2021/0011986 ("Tussy") in view of Morgana et al., U.S. Patent Publication No. 2017/0270348 ("Morgana"). Applicant respectfully traverses each of these rejections.
Claims 2-3 and 12-13 stand rejected under 35 U.S.C § 103 as allegedly being unpatentable over Tussy, U.S. Patent Publication No. 2021/0011986 ("Tussy") in view of Morgana et al., U.S. Patent Publication No. 2017/0270348 ("Morgana") and in further view of Kato et al., U.S. Patent Publication No. 2020/0143186 ("Kato"). Applicant respectfully traverses each of these rejections.
The Standard for Obviousness
Under 35 U.S.C. § 103, the Patent Office bears the burden of establishing a prima facie case of obviousness. In re Fine, 837 F.2d 1071, 1074 (Fed. Cir. 1988). There are four separate factual inquiries to consider in making an obviousness determination: (1) the scope and content of the prior
art; (2) the level of ordinary skill in the field of the invention; (3) the differences between the claimed invention and the prior art; and (4) the existence of any objective evidence, or "secondary considerations," of non-obviousness. Graham v. John Deere Co., 383 U.S. 1, 17-18 (1966); see also KSR Int'l Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007). A claimed invention combining multiple known elements is not rendered obvious simply because each element was known independently in the prior art. Id. at 1741. Rather, there must still be some "reason that would have prompted" a person of ordinary skill in the art to combine the elements in the specific way that he or she did. Id. Also, modification of a prior art reference may be obvious only if there exists a reason that would have prompted a person of ordinary skill to make the change. Id. at 1740-41.
Claim 1 is Not Obvious
The Office relies on Tussy as the primary reference in its § 103 rejection. Tussy relates to using images of a face for biometric authentication and discloses use of multiple facial images for the purpose of authenticating a user's identity. While Tussy's multiple facial images may include images at different distances, Tussy explains the need for such images as follows: "[w]hen an actual, three dimensional person images himself or herself close up and far away, it has been found that the biometric results are different due to the barrel distortion effect of the lens at the different distances." Tussy at  [0017]. Further, Tussy discloses that taking facial images at different distances "allows the user to have multiple biometric profiles." Id. Thus, Tussy, disclosure of images at different distances for the purpose of authentication in light of limitations in the camera lens and for maintaining multiple biometric profiles as a way in which to accommodate the limitations in the camera lens. Applicant's claimed embodiment, however, is not receiving two selfies at different distances for the purpose of accommodating limitations in the camera hardware
and for maintaining multiple sets of biometric profiles. Instead, as explained in the Specification, and as now recited in the amended claim, Applicant's second selfie at a second distance is intended to capture at least part of the background which is used to verify liveness of the selfie. Tussy does not contemplate or disclose this and therefore fails to disclose Applicant's amended claim elements.
Accordingly, Applicant respectfully requests withdrawal of the pending rejection.
Independent Claims 11 and 20
Claims 11 and 20, while differing in overall scope from claim 1, recite similar subject matter to claim 1. Thus, the arguments set forth above with respect to claim 1 are similarly applicable to claims 11 and 20. Accordingly, Applicant respectfully submits that claims 11 and 20 are allowable over the cited art for at least analogous reasons as set forth above with respect to claim 1.
Dependent Claims Are Not Obvious
Regarding dependent claims 2-10 and 12-19, these claims are dependent upon independent claims 1 or 11. If an independent claim is nonobvious under 35 U.S.C. § 103, then any claim depending therefrom is nonobvious. In re Fine, 837 F.2d1071 (Fed. Cir. 1988). Thus, since independent claims 1 and 11 are allowable as discussed above, the dependent claims are also allowable at least by virtue of their dependency on independent claims 1 and 11.
Accordingly, Applicant respectfully submits that all claims are in a condition for allowance.
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 .
Claims 1-20 are pending.  Claims 1, 11, and 20 have been amended.
Response to Amendment
Applicant’s amendments to claims 1, 11, and 20 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 11/17/2023 have been fully considered but they are not persuasive.
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 § 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.
Claims 1, 4-11, 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tussy (UB Pub. 20210011986 A1) and further in view of Morgana et al. (US Pub. 20170270348 A1).
Regarding claim 1 (currently amended), Tussy discloses an adaptive verification system comprising:
a memory storing a plurality of animation templates (para. 17- the system may provide prompts on a video feedback display to aid the user in moving the device relative to the user's head during enrollment and/or authentication. The prompts may include ovals or frames displayed on the display screen in which the user must place his or her face by moving the mobile device until his or her face is within the oval or frame. The prompts may preferably be of differing sizes and may also be centered on different positions of the screen. ;para. 202- Of course, in FIGS. 13A and 13B, shapes or guides other than ovals 1320 and 1330 may be used to guide the user to hold the mobile device 1310 at the appropriate distance from his or her face. For example, the mobile device 1310 may show a full or partial square or rectangle frame. Further, the system may vary the size and location of the frame, such as the ovals 1320, 1330 to add further security. For example, the system may require a medium sized frame, a small frame, and then a large frame. As another example, the system may require a small frame at a first location and a second location, and then a large frame. This may be done randomly to teach different users different enrollment and authentication movements; para. 203- indicators, such as lights, words, or symbols may be presented on the screen to be visible to the user to direct the user to the desired distance that the mobile device should be from the user..; note- prompts/shapes/guilds/indicators = animation templates); and a processor (Fig. 2), the processor configured to perform a first challenge process to:
request a first user image from a first predetermined distance, receive the first user image (para. 29-  a second image which are captured by a camera associated with the second computing device. As such, the first image is captured by the camera located at a first distance from the user and the second image captured by the camera located at a second distance from the user.; para. 193- The user does this by bringing the mobile device 1310 closer to his or her face in a generally straight line to the user's face (such as shown in FIGS. 7A and 7B) until the user's face fills the oval 1330; para. 199- close & far distances; note- second image = claimed first image), request a second user image from a second predetermined distance, the second predetermined distance being further away from a user than the first user image (para. 29- the first image is captured by the camera located at a first distance from the user and the second image captured by the camera located at a second distance from the user, with the second distance less than the first distance.) and capturing at least a portion of a background behind the user (para. 201- the system may detect the presence of a real person as compared with a fraudulent photograph of a person by comparing the background of the images obtained at a close and a far proximity. When the mobile device 1310 is held such that the person's face fits within the oval 1320, objects in the background that are almost directly behind the person may be visible. However, when the mobile device 1310 is held such that the person's face fits within the larger oval 1330, the person's face blocks the cameras ability to see the same objects that are almost directly behind the person. Thus, the system may compare the backgrounds of the images obtained at the close and the far proximity to determine whether the real person is attempting authentication with the system.)
receive the second user image (para. 22- The first image is captured when the user is a first distance from the authentication camera.; para. 37- The first distance may be far from the user, such as at arms-length; note- first image = claimed second image),
transmit the first user image and the second user image for a verification process, the verification process including identification of one or more user attributes (Fig. 8; para. 82- The term biometric data may include among other information biometric information concerning facial features) and a confirmation of liveness based on the captured portion of the background in the second user image (para. 213- The processing may include calculations to verify a difference between the two images, or a difference in biometrics obtained from the two images, that indicates that a real person is being imaged. Processing may occur to compare the first authentication image to a first enrollment image (corresponding to the first distance) to determine if a match is present and then compare the second authentication image to a second enrollment image (corresponding to the second distance) to determine if a match is present. If a match occurs, then authentication may proceed.),
receive a third user image associated with the one or more user attributes identified during the verification (para. 17- the system may provide prompts on a video feedback display to aid the user in moving the device relative to the user's head during enrollment and/or authentication. The prompts may include ovals or frames displayed on the display screen in which the user must place his or her face by moving the mobile device until his or her face is within the oval or frame. The prompts may preferably be of differing sizes and may also be centered on different positions of the screen.), and display the third user image including an adaptation wherein the adaptation is generated for at least one of the plurality of animation templates (para. 17- the system may provide prompts on a video feedback display to aid the user in moving the device relative to the user's head during enrollment and/or authentication. The prompts may include ovals or frames displayed on the display screen in which the user must place his or her face by moving the mobile device until his or her face is within the oval or frame. The prompts may preferably be of differing sizes and may also be centered on different positions of the screen. ;para. 202- Of course, in FIGS. 13A and 13B, shapes or guides other than ovals 1320 and 1330 may be used to guide the user to hold the mobile device 1310 at the appropriate distance from his or her face. For example, the mobile device 1310 may show a full or partial square or rectangle frame. Further, the system may vary the size and location of the frame, such as the ovals 1320, 1330 to add further security. For example, the system may require a medium sized frame, a small frame, and then a large frame. As another example, the system may require a small frame at a first location and a second location, and then a large frame. This may be done randomly to teach different users different enrollment and authentication movements; para. 203- indicators, such as lights, words, or symbols may be presented on the screen to be visible to the user to direct the user to the desired distance that the mobile device should be from the user..; note- prompts/shapes/guilds/indicators = animation templates),
Tussy does not specifically discloses that the adaptation is illustrating the one or more user attributes.  However, in the related art of prompting users in taking selfies, Morgana teaches an adaptation illustrating the one or more user attributes.  (see paras. 37, 67-68)  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 Morgana with the disclosure of Tussy as a known way of providing a customized prompt appropriate for each user.
Regarding claim 4 (original), Tussy discloses in the adaptive verification system of claim 1, wherein the verification process further comprises comparison of the first user image and the second user image with reference data that includes user information. (para. 22- the first image is captured when the user is a first distance from the authentication camera. Capturing a second image with the authentication camera, such that the second image is captured when the user is at a second distance from the authentication camera. The first distance is different than the second distance. The method of operation also includes processing the first image to create first authentication biometric information and processing the second image to create second authentication biometric information. The method also compares the first authentication biometric information to the second authentication biometric information and compares the root biometric identity information with the first authentication biometric information, the second authentication biometric information, or both. The method will authenticate the user when the comparing determines that the first authentication biometric information matches the second authentication biometric information within a threshold,)
Regarding claim 5 (original), Tussy discloses in the adaptive verification system of claim 1, wherein the processor is further configured to display one or more instructions when requesting the first user image and the second user image. para. 203- indicators, such as lights, words, or symbols may be presented on the screen to be visible to the user to direct the user to the desired distance that the mobile device should be from the user..
Regarding claim 6 (original), Tussy discloses in the adaptive verification system of claim 1, wherein the second predetermined distance exceeds the first predetermined distance. (para. 29- the first image is captured by the camera located at a first distance from the user and the second image captured by the camera located at a second distance from the user, with the second distance less than the first distance.)
Regarding claim 7 (original), Morgana discloses in the adaptive verification system of claim 1, wherein the one or more user attributes includes at least one selected from the group of a skin or complexion tone, an eye color, a body build, and a hair color. (para. 37- the generic guide 506 may be customized to a personalized guide 508 that aligns to the facial features of the face 510 of the customer as shown in a display 504. For example, the eyes, the nose, the mouth, the size and shape of the general outline of the face 510 of the customer 110 may be aligned with the personalized guide 508.)
Regarding claim 8 (original), Tussy discloses in the adaptive verification system of claim 1, wherein the processor is further configured to perform a second challenge process including verification of one or more user input credentials. (para. 126- For example, a user may attempt to log in to a user account. When a user attempts to log in, instead of or in addition to providing typical account credentials such as user name and password, the user may again take a plurality of images or video of his or her face as the mobile device 112 is held in the hand and moved to different positions relative to the head (“authentication images”) in the same manner as was done during enrollment (such as shown in FIGS. 6A-7B).)
Regarding claim 9 (original), Tussy discloses in the adaptive verification system of claim 1, wherein the processor is further configured to perform the first challenge process for one or more predetermined transactions. (para. 39- It is contemplated that the biometric trust profile may include a trust score representing a level of trust for the biometric trust profile such that the trust score is based on one or more of the following: financial transaction amount, number of financial transactions, and how long ago the creation of the first biometric information occurred. In one arrangement, the financial transaction is payment of money to a third party.)
Regarding claim 10 (original), Tussy discloses in the adaptive verification system of claim 1, wherein the adaptation depicts a manner in which a user captures the first user image and the second user image. (para. 194- Thus, the system provides and teaches the user a simple method to provide enrollment and authentication images along with enrollment and authentication movement as explained above. The system may also teach varying enrollment and authentication movement by varying the location of the small oval 1320 on the screen 1315, and by changing the order and the size of the ovals displayed. For example, the user may zoom in ½ way, then out, then in all the way, by moving the mobile device. The system may be configured to monitor that the camera's zoom function (when equipped) is not in use, which typically requires the user to touch the screen.)
Claims 2-3, 12-13, are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Tussy and Morgana and further in view of Kato et al.  (US Pub. 20200143186 A1).
Regarding claims 2 and 3, although Tussy teaches a trust score for the biometric information to include how old the first biometric information is (see para. 39), it does not specifically disclose wherein the processor is further configured to subject receipt of each of the first user image and the second user image within a predetermined time and configured to delay the first challenge process if either of the first user image or the second user image are not received within the predetermined time.  However, in the related art of face authentication, Kato teaches to subject receipt of each of the first user image and the second user image within a predetermined time and configured to delay the first challenge process if either of the first user image or the second user image are not received within the predetermined time.  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 Kato with the disclosure of Tussy and Morgana as a known way of ensuring that a user is not trying to impersonate an authorized user through the user of a photograph, etc as suggested by Kata (see para. 26)
Regarding claims 11-19, the subject matter claimed pertains to method steps that correspond to the system elements of claims 1-7, 9-10 and thus rejected for the same analysis.  Implementing the system would have necessitated carrying through the method steps as recited.   (Fig. 2 and associated paras.)
Regarding claim 20, it merely recites a computer program that when executed, performs the functional steps of method claim 11, and thus, rejected for the same rationale. (para. 95)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.  Accordingly, THIS ACTION IS MADE FINAL.  See MPEP § 706.07(a).  Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action.  In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action.  In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.

CITED REFERENCE SUMMARIES: Ref US20190130538A1: Claims:
An image processing method, comprising: performing face recognition on an image to be processed; responsive to detecting that the image to be processed comprises a portrait, acquiring a shooting distance of the portrait; responsive to determining that the shooting distance meets a preset distance condition, acquiring a parameter relationship matched with the met distance condition; selecting a beauty parameter corresponding to the shooting distance according to the parameter relationship; and performing beauty processing on the portrait according to the beauty parameter.
performing face recognition on an image to be processed;
responsive to detecting that the image to be processed comprises a portrait, acquiring a shooting distance of the portrait;
responsive to determining that the shooting distance meets a preset distance condition, acquiring a parameter relationship matched with the met distance condition;
selecting a beauty parameter corresponding to the shooting distance according to the parameter relationship; and
performing beauty processing on the portrait according to the beauty parameter.
The method according to claim 1 , wherein acquiring the shooting distance of the portrait comprises: acquiring a face region of the portrait, and calculating a proportion of the face region in the image to be processed; and acquiring the shooting distance corresponding to the calculated proportion according to a preset corresponding relationship between proportions of the face region and shooting distances.
acquiring a face region of the portrait, and calculating a proportion of the face region in the image to be processed; and
acquiring the shooting distance corresponding to the calculated proportion according to a preset corresponding relationship between proportions of the face region and shooting distances.
The method according to claim 1 , wherein acquiring the shooting distance of the portrait comprises: acquiring the shooting distance of the portrait through a distance sensor.
The method according to claim 1 , wherein acquiring the shooting distance of the portrait comprises: acquiring distance information of the image to be processed; calculating an average distance of the face region of the portrait according to the distance information; and determining the shooting distance of the portrait according to the average distance.
acquiring distance information of the image to be processed;
calculating an average distance of the face region of the portrait according to the distance information; and
determining the shooting distance of the portrait according to the average distance.
The method according to claim 1 , further comprising: responsive to determining that the shooting distance meets the preset distance condition, acquiring an enhancement coefficient corresponding to the shooting distance; and performing sharpening processing on the portrait according to the enhancement coefficient.
responsive to determining that the shooting distance meets the preset distance condition, acquiring an enhancement coefficient corresponding to the shooting distance; and
performing sharpening processing on the portrait according to the enhancement coefficient.
The method according to claim 1 , wherein acquiring the parameter relationship matched with the met distance condition responsive to determining that the shooting distance meets the preset distance condition comprises: responsive to determining that the shooting distance is smaller than a first distance threshold, acquiring a parameter relationship comprising a positive correlation between shooting distances and beauty parameters; and responsive to determining that the shooting distance is larger than a second distance threshold, acquiring a parameter relationship comprising a negative correlation between shooting distances and beauty parameters; wherein the first distance threshold is less than the second distance threshold.
responsive to determining that the shooting distance is smaller than a first distance threshold, acquiring a parameter relationship comprising a positive correlation between shooting distances and beauty parameters; and
responsive to determining that the shooting distance is larger than a second distance threshold, acquiring a parameter relationship comprising a negative correlation between shooting distances and beauty parameters;
wherein the first distance threshold is less than the second distance threshold.
The method according to claim 6 , before acquiring the parameter relationship matched with the met distance condition responsive to determining that the shooting distance meets the preset distance condition, further comprising: acquiring focal length information of a camera for acquiring the image to be processed, and determining the first distance threshold and the second distance threshold according to the focal length information.
acquiring focal length information of a camera for acquiring the image to be processed, and determining the first distance threshold and the second distance threshold according to the focal length information.
The method according to claim 1 , wherein the beauty parameter comprises at least one of the following: a whitening parameter, a filtering parameter, an eye widening parameter or a face-lift parameter.
The method according to claim 1 , wherein performing face recognition on an image to be processed comprises: extracting an image feature of the image to be processed; analyzing the image feature through a preset face recognition model to determine whether the image to be processed includes a face; responsive to determining that the image to be processed includes a face, determining that the image to be processed includes the portrait; wherein the image feature comprises at least one of a shape feature, a spatial feature or an edge feature.
extracting an image feature of the image to be processed;
analyzing the image feature through a preset face recognition model to determine whether the image to be processed includes a face;
responsive to determining that the image to be processed includes a face, determining that the image to be processed includes the portrait;
wherein the image feature comprises at least one of a shape feature, a spatial feature or an edge feature.
An electronic device, comprising a memory and a processor, the memory storing a computer program that, when executed by the processor, causes the processor to implement an image processing method, the method comprising: performing face recognition on an image to be processed; responsive to detecting that the image to be processed comprises a portrait, acquiring a shooting distance of the portrait; responsive to determining that the shooting distance meets a preset distance condition, acquiring a parameter relationship matched with the met distance condition; selecting a beauty parameter corresponding to the shooting distance according to the parameter relationship; and performing beauty processing on the portrait according to the beauty parameter.
The electronic device according to claim 10 , wherein acquiring the shooting distance of the portrait comprises: acquiring a face region of the portrait, and calculating a proportion of the face region in the image to be processed; and acquiring the shooting distance corresponding to the calculated proportion according to a preset corresponding relationship between proportions of the face region and shooting distances.
The electronic device according to claim 10 , wherein acquiring the shooting distance of the portrait comprises: acquiring the shooting distance of the portrait through a distance sensor.
The electronic device according to claim 10 , wherein acquiring the shooting distance of the portrait comprises: acquiring distance information of the image to be processed; calculating an average distance of the face region of the portrait according to the distance information; and determining the shooting distance of the portrait according to the average distance.
The electronic device according to claim 10 , wherein the method further comprises: responsive to determining that the shooting distance meets the preset distance condition, acquiring an enhancement coefficient corresponding to the shooting distance; and performing sharpening processing on the portrait according to the enhancement coefficient.
The electronic device according to claim 10 , wherein acquiring the parameter relationship matched with the met distance condition responsive to determining that the shooting distance meets the preset distance condition comprises: responsive to determining that the shooting distance is smaller than a first distance threshold, acquiring a parameter relationship comprising a positive correlation between shooting distances and beauty parameters; and responsive to determining that the shooting distance is larger than a second distance threshold, acquiring a parameter relationship comprising a negative correlation between shooting distances and beauty parameters; wherein the first distance threshold is less than the second distance threshold.
The electronic device according to claim 15 , wherein the method further comprises: before acquiring the parameter relationship matched with the met distance condition responsive to determining that the shooting distance meets the preset distance condition, acquiring focal length information of a camera for acquiring the image to be processed, and determining the first distance threshold and the second distance threshold according to the focal length information.
The electronic device according to claim 10 , wherein the beauty parameter comprises at least one of the following: a whitening parameter, a filtering parameter, an eye widening parameter or a face-lift parameter.
The electronic device according to claim 10 , wherein performing face recognition on an image to be processed comprises: extracting an image feature of the image to be processed; analyzing the image feature through a preset face recognition model to determine whether the image to be processed includes a face; responsive to determining that the image to be processed includes a face, determining that the image to be processed includes the portrait; wherein the image feature comprises at least one of a shape feature, a spatial feature or an edge feature.
The electronic device according to claim 11 , wherein the method further comprises: after calculating the proportion of the face region in the image to be processed, acquiring focal length information of a camera for acquiring the image to be processed; acquiring a corresponding relationship matched with the focal length information; and acquiring the shooting distance corresponding to the calculated proportion according to the matched corresponding relationship.
acquiring focal length information of a camera for acquiring the image to be processed;
acquiring a corresponding relationship matched with the focal length information; and
acquiring the shooting distance corresponding to the calculated proportion according to the matched corresponding relationship.
A non-transitory computer-readable storage medium, storing a computer program thereon, wherein the computer program is executed by a processor to implement an image processing method, the method comprising: performing face recognition on an image to be processed; responsive to detecting that the image to be processed comprises a portrait, acquiring a shooting distance of the portrait; responsive to determining that the shooting distance meets a preset distance condition, acquiring a parameter relationship matched with the met distance condition; selecting a beauty parameter corresponding to the shooting distance according to the parameter relationship; and performing beauty processing on the portrait according to the beauty parameter.
Ref US20170221244A1: Claims:
An image processing device, comprising: a display device configured to display a photographing subject; an imaging device configured to photograph the photographing subject; a guide display control unit configured to display a guide on the displaying device, for photographing the photographing subject from different imaging directions; and an image compositing unit configured to stitch a plurality of images obtained by photographing the photographing subject from the different imaging directions so as to generate a composite image.
a display device configured to display a photographing subject;
an imaging device configured to photograph the photographing subject;
a guide display control unit configured to display a guide on the displaying device, for photographing the photographing subject from different imaging directions; and
an image compositing unit configured to stitch a plurality of images obtained by photographing the photographing subject from the different imaging directions so as to generate a composite image.
The image processing device according to claim 1 , wherein the guide indicates rotating the imaging device to photograph the photographing subject from the different imaging directions.
The image processing device according to claim 2 , further comprising: a first detecting unit configured to detect a rotational direction and a degree of rotation of the imaging device, wherein the guide display control unit changes a display manner of the guide according to the rotational direction and the degree of rotation of the imaging device.
a first detecting unit configured to detect a rotational direction and a degree of rotation of the imaging device,
wherein the guide display control unit changes a display manner of the guide according to the rotational direction and the degree of rotation of the imaging device.
The image processing device according to claim 3 , wherein the guide comprises a first image indicating a total imaging area that is an area to be photographed into the plurality of images for generating the composite image.
The image processing device according to claim 4 , wherein the first image indicates the number of the plurality of images required to photograph the total imaging area.
The image processing device according to claim 4 , wherein the guide further comprises a second image indicating a current imaging area, and the guide display control unit changes a location of the second image relative to the first image according to the rotational direction and the degree of rotation of the imaging device.
wherein the guide further comprises a second image indicating a current imaging area, and
the guide display control unit changes a location of the second image relative to the first image according to the rotational direction and the degree of rotation of the imaging device.
The image processing device according to claim 6 , wherein the location of the second image relative to the first image indicates the imaging direction with reference to the imaging device.
The image processing device according to claim 4 , wherein the guide further comprises a reduced image of a photographed image, and the guide display control unit changes a location of the reduced image relative to the first image according to the rotational direction and the degree of rotation of the imaging device.
wherein the guide further comprises a reduced image of a photographed image, and
the guide display control unit changes a location of the reduced image relative to the first image according to the rotational direction and the degree of rotation of the imaging device.
The image processing device according to claim 6 , wherein the location of the second image relative to the first image indicates the imaging direction with reference to a user.
The image processing device according to claim 6 , wherein when the location of the second image relative to the first image indicates the imaging direction, an image displayed on the display device when indicating the imaging angle with reference to the imaging device and an image displayed on the display device when indicating the imaging angle with reference to a user are horizontally flipped images of each other.
The image processing device according to claim 6 , wherein the first image is sectioned into a plurality of blocks that correspond to the respective plurality of images required to photograph the total imaging area, and the location of the second image over any one of the blocks indicates the imaging direction.
The image processing device according to claim 11 , wherein for each of the plurality of blocks, the first image indicates a photographing order corresponding to the block.
The image processing device according to claim 4 , further comprising: a face area detecting unit configured to detect a face area of a person displayed on the display device, wherein the guide display control unit sets the first image so that the total imaging area is centered on the face area detected by the face detecting unit.
a face area detecting unit configured to detect a face area of a person displayed on the display device,
wherein the guide display control unit sets the first image so that the total imaging area is centered on the face area detected by the face detecting unit.
The image processing device according to claim 4 , further comprising: a face area detecting unit configured to detect a face area of a person displayed on the display device, wherein when the face area detecting unit detects a plurality of face areas, the guide display control unit sets the first image so that the total imaging area is centered on one of the detected plurality of face areas.
wherein when the face area detecting unit detects a plurality of face areas, the guide display control unit sets the first image so that the total imaging area is centered on one of the detected plurality of face areas.
The image processing device according to claim 4 , further comprising: a face area detecting unit configured to detect a face area of a person displayed on the display device, wherein when the face area detecting unit detects a plurality of face areas, the guide display control unit sets the first image so that the total imaging area includes at least the face areas at both ends among the detected plurality of face areas.
wherein when the face area detecting unit detects a plurality of face areas, the guide display control unit sets the first image so that the total imaging area includes at least the face areas at both ends among the detected plurality of face areas.
The image processing device according to claim 3 , wherein the imaging device includes a first imaging device that photographs an image from a same direction as a facing direction of the display device and a second imaging device that photographs an image from an opposite direction to the facing direction of the display device and is configured such that the user can select an imaging device to be used among the first imaging device and the second imaging device, and the display manner of the guide changes according to the selected imaging device to be used.
wherein the imaging device includes a first imaging device that photographs an image from a same direction as a facing direction of the display device and a second imaging device that photographs an image from an opposite direction to the facing direction of the display device and is configured such that the user can select an imaging device to be used among the first imaging device and the second imaging device, and
the display manner of the guide changes according to the selected imaging device to be used.
The image processing device according to claim 4 , wherein the imaging device includes a first imaging device that photographs an image from a same direction as a facing direction of the display device and a second imaging device that photographs an image from an opposite direction to the facing direction of the display device and is configured such that the user can select an imagin
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