Office Action 2: Final Rejection (2023-11-29)
Rejection types: 103 - Obviousness

CLAIMS:
AMENDMENTS TO THE CLAIMS

This listing of claims will replace all prior versions, and listings, of claims in the application.

1\. (Currently Amended) 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, the second predetermined distance being further away from a user than the first user image and capturing at least a portion of a background behind the user,
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 and a confirmation of liveness based on the captured portion of the background in the second user image,
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\. (Original) 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\. (Original) 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\. (Original) 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\. (Original) 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\. (Original) The adaptive verification system of claim 1, wherein the second predetermined distance exceeds the first predetermined distance.

7\. (Original) 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\. (Original) 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\. (Original) 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\. (Original) 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\. (Currently Amended) 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, the second predetermined distance being further away from a user than the first user image and capturing at least a portion of a background behind the user;
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 and a confirmation of liveness based on the captured portion of the background in the second user image;
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\. (Original) 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\. (Original) 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\. (Original) 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\. (Original) 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\. (Original) The method of claim 11, wherein the second predetermined distance exceeds the first predetermined distance.

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

20\. (Currently Amended) 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, the second predetermined distance being further away from a user than the first user image and capturing at least a portion of a background behind the user;
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 and a confirmation of liveness based on the captured portion of the background in the second user image;
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.

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.

APPLICANT REBUTTAL: REMARKS
The 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 [0036] and [0051] 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.
INTERVIEW SUMMARY
Applicant wishes to thank Examiner Corum for the courtesies extended during the phone interview conducted on February 21, 2024. In accordance with MPEP § 713.04, Applicant is providing this Interview Summary. The Interview Summary includes the information listed in subsections (A) - (H) of MPEP § 713.04 under corresponding subsections herein:
(A) Exhibit. Not applicable.
(B) Claims Discussed. The claims of record and the rejections under §103 were generally discussed.
(C) Prior Art. Paragraph 17 of Tussy was discussed.
(D) Proposed Amendments. The amendments reflected in this response were generally discussed.
(E) Arguments. Not applicable.
(F) Other Pertinent Matters. Not applicable.
(G) Results or Outcome of Interview. No agreement reached.
(H) Interview by Electronic Mail. Not applicable
II.
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.
Applicant's claim recites, inter alia, "receive a third user image associated with the one or more user attributes identified during the verification." The Office alleges that paragraph 17 of Tussy discloses this element. Applicant respectfully disagrees. As noted by the Office, this portion of Tussy relates to a system providing "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." Nothing in this paragraph discusses or contemplates receipt of a third user image as recited in the claim element. Moreover, Tussy does not disclose the receipt of this third image after the verification as recited in the claim element. In fact, Tussy's disclosure explicitly relates to aiding the user "during enrollment and/or authentication." Thus, this portion of Tussy fails to disclose Applicant's claim
element.
Applicant's claim further recites, inter alia, "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." The Office alleges that paragraph 17 of Tussy also discloses this claim element. Applicant respectfully disagrees. As discussed above, this paragraph of Tussy relates to assisting a user in positioning a camera to take a selfie for the purpose of authentication. Applicant's claim element, however, recites use of a third user image, which, as discussed above, is not disclosed by Tussy. Also, this claim element recites uses of the third image to create an adaptation for an animation that includes one or more user attributes. Tussy does not even begin to contemplate Applicant's claim element. However, in an attempt to clarify the claim, Applicant has amended this claim. Applicant respectfully submits that the amended claim element clarifies this critical distinction.
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 .
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 2/21/24 has been entered.
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 2/21/2024 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.
Applicant asserts that the Tussy reference fails to teach receiving a ‘third image’.  The Examiner respectfully disagrees.  As outlined below, Tussy teaches receiving images both during an enrollment and an authentication.  Thus, the first and second images of Tussy taken during an enrollment session reads on the recited first and second user images and a subsequent image taken during an authentication session would read on the recited third user image.  Thus, the Tussy reference does in fact teach receiving a third user image.  The Morgana reference was cited for the concept of adapting the guide/indicator to one or more user attributes that are detected during a face detection on selfie images (see para. 35-37)
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 taken during an enrollment = 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 taken during enrollment = 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; Note- image taken during an authentication = third user image), 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/animation is illustrating a generic person with one or more user attributes that were detected from user images comprising a user skin tone, a user hair color, a body build or a user eye color.  However, in the related art of prompting users in taking selfies, Morgana teaches an adaptation/animation is illustrating a generic person with one or more user attributes that were detected identified from user images (selfies) comprising a user skin tone, a user hair color, a body build or a user eye color.  (see paras. 34-37, 67-68; Fig. 4-5- 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.; generic guide = generic person customized to personalized guide based on size, shape of face (i.e. body build))  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. (i.e. body build))
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

CITED REFERENCE SUMMARIES: Ref US20210011986A1: Claims:
A system for remote identity verification comprising: a computing device comprising a processor configured to execute machine executable code, a screen configured to provide an interface to the user, a camera configured to capture images, and one or more memories configured to store machine executable code which, when executed by the processor, cause the computing device to: record at least one captured image of the user taken with the camera of the computing device; receive a unique ID code from the user; process at least one captured image to create a user facemap; transmit the user facemap and unique ID code to a liveness verification server; the liveness verification server comprising a processor and memory storing machine executable code configured to, when executed by the processor, cause the liveness verification server to: receive the user facemap and unique ID code; process the user facemap to verify liveness of the user; responsive to a determination that the user facemap was captured from a live person, encrypt the captured image facemap with the public key of server B to create encrypted user data; transmit the encrypted user data and unique ID code to a server B; server B comprising a server having a processor and memory storing machine executable code configured to, when executed by the processor, cause server B to: receive the encrypted user data and unique ID code; decrypt the encrypted user data to obtain the user facemap; compare the unique ID code to a database of ID codes to locate a matching ID code; responsive to a match between the unique ID code and an ID code in the database of ID codes, retrieve one or more trusted images that are associated with the matching ID code; compare captured image facemap, or a processed version thereof, to the trusted image; responsive to a match within a threshold between the captured image facemap or the processed version, and the trusted image, sending a message to the computing device, a third party server, or both of the match within the threshold; responsive to a match within the threshold not occurring between the user facemap or the processed version, and the trusted image, sending a message to the computing device, a third-party server, or both of the failure to match within the threshold.
a computing device comprising a processor configured to execute machine executable code, a screen configured to provide an interface to the user, a camera configured to capture images, and one or more memories configured to store machine executable code which, when executed by the processor, cause the computing device to: record at least one captured image of the user taken with the camera of the computing device; receive a unique ID code from the user; process at least one captured image to create a user facemap; transmit the user facemap and unique ID code to a liveness verification server;
record at least one captured image of the user taken with the camera of the computing device;
receive a unique ID code from the user;
process at least one captured image to create a user facemap;
transmit the user facemap and unique ID code to a liveness verification server;
the liveness verification server comprising a processor and memory storing machine executable code configured to, when executed by the processor, cause the liveness verification server to: receive the user facemap and unique ID code; process the user facemap to verify liveness of the user; responsive to a determination that the user facemap was captured from a live person, encrypt the captured image facemap with the public key of server B to create encrypted user data; transmit the encrypted user data and unique ID code to a server B;
receive the user facemap and unique ID code;
process the user facemap to verify liveness of the user;
responsive to a determination that the user facemap was captured from a live person, encrypt the captured image facemap with the public key of server B to create encrypted user data;
transmit the encrypted user data and unique ID code to a server B;
server B comprising a server having a processor and memory storing machine executable code configured to, when executed by the processor, cause server B to: receive the encrypted user data and unique ID code; decrypt the encrypted user data to obtain the user facemap; compare the unique ID code to a database of ID codes to locate a matching ID code; responsive to a match between the unique ID code and an ID code in the database of ID codes, retrieve one or more trusted images that are associated with the matching ID code; compare captured image facemap, or a processed version thereof, to the trusted image; responsive to a match within a threshold between the captured image facemap or the processed version, and the trusted image, sending a message to the computing device, a third party server, or both of the match within the threshold; responsive to a match within the threshold not occurring between the user facemap or the processed version, and the trusted image, sending a message to the computing device, a third-party server, or both of the failure to match within the threshold.
receive the encrypted user data and unique ID code;
decrypt the encrypted user data to obtain the user facemap;
compare the unique ID code to a database of ID codes to locate a matching ID code;
responsive to a match between the unique ID code and an ID code in the database of ID codes, retrieve one or more trusted images that are associated with the matching ID code;
compare captured image facemap, or a processed version thereof, to the trusted image;
responsive to a match within a threshold between the captured image facemap or the processed version, and the trusted image, sending a message to the computing device, a third party server, or both of the match within the threshold;
responsive to a match within the threshold not occurring between the user facemap or the processed version, and the trusted image, sending a message to the computing device, a third-party server, or both of the failure to match within the threshold.
The system of claim 1 wherein the user facemap is a three-dimensional facemap.
The system of claim 1 wherein the user computing device is a device belonging to the user and the machine executable code on the computing device comprises code configured to access a website on a remote server.
The system of claim 1 further comprising, responsive to a determination that the user facemap was not recently captured from a live person, then not interacting with server B.
The system of claim 1 wherein server B is a trusted image server storing images collected by a government entity.
The system of claim 5 wherein server B stores or captures images captured by a department of motor vehicle or a state department.
The system of claim 1 wherein the third-party server is a server operated by a business seeking to verify the identity of the user based on liveness of the user and a comparison to the trusted image.
The system of claim 1 wherein the computing device is a hand-held device, and the user holds the device at the first distance from the user and a second distance from the user when recording at least one captured image of the user.
A system for remote identity verification comprising: a computing device, having a camera, configured to: capture at least one first image of the user taken with the camera at a first distance from the user; capture at least one second image of the user taken with the camera at a second distance from the user, the second distance being different than the first distance wherein the user moves the camera from the first distance to a second distance or the user moves from the first distance to the second distance to change the distance between the user and the camera; process the at least one first image and the at least one second image to create a user facemap; encrypt the user facemap to create first encrypted user data; transmit the first encrypted user data with an ID code to a liveness verification server; the liveness verification server configured to: decrypt the first encrypted user data to obtain the user facemap; process the user facemap to verify liveness of the user; responsive to a determination that the user facemap represents a live person, encrypt and transmit all or a portion of the user facemap and the ID code to a trusted image server; the trusted image server configured to: receive the encrypted user facemap or a portion thereof, and the ID code; decrypt the encrypted user facemap, or a portion thereof, to obtain the user facemap or a portion thereof; using the user ID code, retrieve a trusted image from a database; compare the user facemap, or a portion thereof, to the trusted image; responsive to a match within a threshold between the user facemap or a portion thereof and the trusted image, send a message to the computing device, a third party server, or both providing notice of the match; and responsive to a no match within a threshold between the user facemap or a portion thereof and the trusted image, send a message to the computing device, a third party server, or both providing notice of no match.
a computing device, having a camera, configured to: capture at least one first image of the user taken with the camera at a first distance from the user; capture at least one second image of the user taken with the camera at a second distance from the user, the second distance being different than the first distance wherein the user moves the camera from the first distance to a second distance or the user moves from the first distance to the second distance to change the distance between the user and the camera; process the at least one first image and the at least one second image to create a user facemap; encrypt the user facemap to create first encrypted user data; transmit the first encrypted user data with an ID code to a liveness verification server;
capture at least one first image of the user taken with the camera at a first distance from the user;
capture at least one second image of the user taken with the camera at a second distance from the user, the second distance being different than the first distance wherein the user moves the camera from the first distance to a second distance or the user moves from the first distance to the second distance to change the distance between the user and the camera;
process the at least one first image and the at least one second image to create a user facemap;
encrypt the user facemap to create first encrypted user data;
transmit the first encrypted user data with an ID code to a liveness verification server;
the liveness verification server configured to: decrypt the first encrypted user data to obtain the user facemap; process the user facemap to verify liveness of the user; responsive to a determination that the user facemap represents a live person, encrypt and transmit all or a portion of the user facemap and the ID code to a trusted image server;
decrypt the first encrypted user data to obtain the user facemap;
responsive to a determination that the user facemap represents a live person, encrypt and transmit all or a portion of the user facemap and the ID code to a trusted image server;
the trusted image server configured to: receive the encrypted user facemap or a portion thereof, and the ID code; decrypt the encrypted user facemap, or a portion thereof, to obtain the user facemap or a portion thereof; using the user ID code, retrieve a trusted image from a database; compare the user facemap, or a portion thereof, to the trusted image; responsive to a match within a threshold between the user facemap or a portion thereof and the trusted image, send a message to the computing device, a third party server, or both providing notice of the match; and responsive to a no match within a threshold between the user facemap or a portion thereof and the trusted image, send a message to the computing device, a third party server, or both providing notice of no match.
receive the encrypted user facemap or a portion thereof, and the ID code;
decrypt the encrypted user facemap, or a portion thereof, to obtain the user facemap or a portion thereof;
using the user ID code, retrieve a trusted image from a database;
compare the user facemap, or a portion thereof, to the trusted image;
responsive to a match within a threshold between the user facemap or a portion thereof and the trusted image, send a message to the computing device, a third party server, or both providing notice of the match; and
responsive to a no match within a threshold between the user facemap or a portion thereof and the trusted image, send a message to the computing device, a third party server, or both providing notice of no match.
The system of claim 9 wherein the user facemap is a three-dimensional facemap.
The system of claim 9 wherein the user computing device is a smartphone, laptop computer, or desktop computer.
The system of claim 9 further comprising, responsive to a determination that the captured image facemap was not captured from a live person, then not interacting with the trusted image server.
The system of claim 9 wherein the trusted image server is a server storing or accessing images collected by a government entity.
The system of claim 9 wherein the trusted images do not leave the trusted image server.
The system of claim 1 wherein the computing device is a hand-held device, and the user holds the device at the first distance from the user and at a second distance from the user to capture the images.
A method for verifying identity of a person comprising: capture at least one first image of the user taken with the camera at a first distance from the user; move the camera from the first distance to a second distance or the user moving from the first distance to the second distance to change the distance between the user and the camera; capture at least one second image of the user taken with the camera at the second distance from the user, the second distance being different than the first distance; process the at least one first image and the at least one second image to create a captured image facemap; transmit the first user data to a liveness verification server; at the liveness verification server; process the captured image facemap to verify liveness of the user in the captured image facemap; responsive to a determination that the captured image facemap represents a live person, transmit the captured image facemap or a portion thereof to a trusted image server; at the trusted image server: receive the captured image facemap or a portion thereof; retrieve a trusted image, that corresponds to the user, from a database; compare the captured image facemap or a portion therefor to the trusted image; responsive to a match between the captured image facemap, or a portion thereof, and the trusted image, send a message to the computing device, a third-party server, or both of the match.
move the camera from the first distance to a second distance or the user moving from the first distance to the second distance to change the distance between the user and the camera;
capture at least one second image of the user taken with the camera at the second distance from the user, the second distance being different than the first distance;
process the at least one first image and the at least one second image to create a captured image facemap;
transmit the first user data to a liveness verification server;
at the liveness verification server;
process the captured image facemap to verify liveness of the user in the captured image facemap;
responsive to a determination that the captured image facemap represents a live person, transmit the captured image facemap or a portion thereof to a trusted image server;
at the trusted image server:
receive the captured image facemap or a portion thereof;
retrieve a trusted image, that corresponds to the user, from a database;
compare the captured image facemap or a portion therefor to the trusted image;
responsive to a match between the captured image facemap, or a portion thereof, and the trusted image, send a message to the computing device, a third-party server, or both of the match.
The method of claim 17 wherein an ID code is associated with the user and the ID code is used to retrieve the trusted image.
The method of claim 17 wherein the captured image facemap is a three-dimensional facemap based on the change in distance between capture of the at least one first image and the at least one second image.
The method of claim 17 wherein the trusted image is an image captured by a government entity.
Ref US20170270348A1: Claims:
A method for generating an interactive image of facial skin of a user that is displayed via a mobile endpoint device of the user, comprising: displaying, by a processor, a guide to position a face of the user; capturing, by the processor, an image of the face of the user; transmitting, by the processor, the image to a facial skin analysis server for analyzing one or more parameters of the facial skin of the user; receiving, by the processor, the interactive image of the face of the user that includes metadata associated with the one or more parameters of the facial skin that were analyzed by the facial skin analysis server; and displaying, by the processor, the interactive image of the face of the user.
displaying, by a processor, a guide to position a face of the user;
capturing, by the processor, an image of the face of the user;
transmitting, by the processor, the image to a facial skin analysis server for analyzing one or more parameters of the facial skin of the user;
receiving, by the processor, the interactive image of the face of the user that includes metadata associated with the one or more parameters of the facial skin that were analyzed by the facial skin analysis server; and
displaying, by the processor, the interactive image of the face of the user.
The method of claim 1 , wherein the guide is changed from an outline of a face of a generic model to an outline that corresponds to a shape of the face of the user based on the image of the face of the user that is captured for subsequent images that are captured of the face of the user.
The method of claim 1 , wherein the capturing comprises capturing a plurality of different images of the face of the user, wherein each one of the plurality of different images is captured at a different exposure setting.
The method of claim 1 , further comprising: detecting, by the processor, a plurality of different facial regions in the image of the face of the user before the transmitting.
detecting, by the processor, a plurality of different facial regions in the image of the face of the user before the transmitting.
The method of claim 4 , further comprising: receiving, by the processor, a contextual input about a skin condition associated with one or more of the plurality of different facial regions.
receiving, by the processor, a contextual input about a skin condition associated with one or more of the plurality of different facial regions.
The method of claim 5 , wherein the metadata includes a response to the contextual input for the one or more of the plurality of different facial regions.
The method of claim 1 , wherein the one or more parameters of the facial skin of the user comprises one or more graphical chromophore maps and a texture based upon a chromophore separation performed on the image of the face of the user.
The method of claim 1 , wherein the one or more parameters of the facial skin of the user comprise wrinkles that are identified from the image of the face of the user.
The method of claim 1 , wherein the one or more parameters of the facial skin of the user comprise pores that are identified from the image of the face of the user.
The method of claim 1 , wherein the interactive image provides selectable facial regions of
[Truncated to input limit]