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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 18, 2025 has been entered.
Response to Amendment
The amendment filed on November 21, 2025 has been entered. Applicant has amended claims 1-20. Claims 1-20 are now pending, have been examined and currently stand rejected.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-5 - 6, 9 -10, 13 -14, 16, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Loevenguth U.S. Patent Publication No. 2012/0166295 A1, in view of Hou (CN 1835012 A), in view of Aabye et al. U.S. Patent Publication No. 2015/0012434 A1.
Regarding claim 1, 10 and 16: Loevenguth disclose:
Claim 1: A method, comprising:
Claim 10: A seller device (See at least Loevenguth, Fig. 1 (120B) point of sale device); comprising: a memory configured to store computer-executable instructions (See at least Loevenguth, [0017]; [0046]) and one or more processors (See at least Loevenguth, [0018]; [0038] Processor) configured to access the memory and execute the computer-executable instructions to at least.
Claim 16: A non-transitory computer-readable medium (See at least Loevenguth, [0017] Machine-readable medium) configured to store computer-executable instructions that, when executed by a seller device, configure the computer system to perform operations comprising:
receiving, by a seller device, a transaction request that comprises information associated with a first user account that is associated with a buyer device the transaction request configured to request a transaction corresponding to the first user account ; (See at least Loevenguth, [0019]; [0022]; [0030-0031]; [0036-0037]; [0052]; [0058-0061]; [0071]. Where a transaction request (i.e., payment request) comprising information associated with a first user account (i.e. account information of the user) that is associated with a buyer device (i.e. mobile device) is received.)
transmitting, by the seller device, the received information to a server ; (See at least Loevenguth Fig. 2; [0024]. Where the received information (i.e. account information) is transmitted to a first server (i.e. the server).)
in accordance with a determination, by the server , that an association between the received information and an identifier of the buyer device is stored in a register of the server : (See at least Loevenguth, [0022]. Account data maybe correlated with device authentication data and/or device identification data, thereby linking certain account information with certain mobile devices)
receiving, by the seller device, the identifier of the buyer device from the server ; (See at least Loevenguth, Fig. 6; [0061-0063]. Where the identifier of the buyer device (i.e. device information received within the authorization data sent to the POS from the server) is received from the seller device (i.e. point of sale device).)
in accordance with a determination, by the server , that the association between the information and the identifier of the buyer device is not stored in the register of the first sever device: (See at least Loevenguth, [0021])
transmitting, to the buyer device, [requests to authenticate user’s device] of the buyer device; (See at least Loevenguth, [0053] Loevenguth disclose that the system transmits requests to buyer device to facilitate authentication.)
receiving, by the seller device, the identifier of the buyer device from the buyer device; (See at least Loevenguth, [0005]; [0036] receive authentication information)
querying, by the seller device, an identity verification service using the identifier of the buyer device; (See at least Loevenguth, [0005]; [0034-0036] the point of sale device configured to receive and evaluate various information. The point of sale device may be configured to receive transaction information. The point of sale device may be furthermore con figured to determine whether to transmit a payment request based at least in part on the evaluation of the device authentication information)
in accordance with a match by the identity verification service, transmitting the identifier of the buyer device to the server ; and (See at least Loevenguth, [0042]; [0054]; [0070])
in accordance with no match by the identity verification service, canceling the transaction corresponding to the first user account; (See at least Loevenguth, [0069] the transaction is canceled when authentication fails)
obtaining, by the seller device, a unique identifier of the buyer device from the buyer device (See at least Loevenguth, Fig. 3; [0030]. Where a signature of the buyer device from the buyer device (i.e. device authentication information) is received from the buyer device (i.e. mobile device).)
determining, by the server , whether the received identifier of the buyer device that is included in the stored association comprises the obtained unique device identifier of the buyer device; and (See at least Loevenguth, [0023].)
in accordance with a determination, by the seller device, that the received identifier of the buyer device that is included in the stored association does not comprise the obtained unique device identifier of the buyer device:
requesting the transmission of a message to the buyer device, the message requesting authorization of the transaction; and (See at least Loevenguth, [0029] The server may be configured, when necessary, to transmit the secondary verification message to the mobile device and receive a secondary response message to the mobile device. The server can then evaluate the payment request based at least in part on the secondary response message.
enabling the transaction to be authorized or declined based at least in part on a response to the message requesting the authorization of the transaction. (See at least Loevenguth, [0029] The server can then evaluate the payment request based at least in part on the secondary response message.)
Loevenguth disclose that the system transmits requests to second device to facilitate authentication. (See at least Loevenguth, [0053]). However, Loevenguth does not explicitly disclose that the system transmits to the seller device a prompt request to prompt for entry of the identifier of the buyer device at the seller device.
Hou, on the other hand teaches the system transmits to the seller device a prompt request to prompt for entry of the identifier of the buyer device at the seller device. (See at least translated description of Hou, p. 3 lines 8-19; The method for opening an account of the secure and confidential electronic transfer card is characterized in that: firstly, a secure and confidential electronic transfer service device is built on the UnionPay transaction network; and a menu of "secure and confidential electronic transfer card opening" is added to the UnionPay POS machine. And related procedures; mobile phone users on the UnionPay POS machine, after selecting the "secure and confidential electronic account opening account" business, the POS machine prompts the user to swipe the bank card, after the user swipes the bank card, the POS machine prompts the user to enter the password, after the user enters the password The POS machine prompts the user to input his mobile phone number.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Loevenguth and include Hou’s teachings in order to improve transaction security and reliability by ensuring accurate identification of the buyer device.
Loevenguth disclose the server may be configured to approve the payment request based on the first comparison and the second comparison. Loevenguth [0025]. Loevenguth further disclose; in accordance with a determination that the identifier of the buyer device that is included in the stored association comprises the obtained signature of the buyer device: authorizing the mobile device. Loevenguth, [0025].
However, Loevenguth does not explicitly disclose providing, by the seller device, a request for the transaction to a second server device, the request comprising at least one of the information, a transfer value, or the identifier of the buyer device; and in response to the request for the transaction being sent to the second server device, receiving, from the second server device, authorization for the transaction.
Aabye, on the other hand, teaches; providing, by the seller device, a request for the transaction to a second server device, the request comprising at least one of the information, a transfer value, or an identifier of the buyer device; and (See at least Aabye, [0006-0007]; [0045]; [0050]. Where a request for a transaction (i.e. authorization request message) is provided by the seller device (i.e. access device), the request comprising a transfer amount (i.e. transaction amount).)
in response to the request for the transaction being sent to the second server device, receiving, from the second server device, authorization for the transaction. (See at least Aabye, [0006-0007]; [0045]; [0050]. the second authorization response message indicates whether the access transaction is authorized or not authorized).)
It would have been obvious to one of ordinary skill in the art at the time of the invention to send a second request to a second server and receive authorization for the transaction through this second layer of security as in improvement discussed in Aabye in the system executing the method/system of Loevenguth. As in Aabye it is within the capabilities of one ordinary skill in the art to send a second request to a second server with the predictable results of having an extra layer of security.
Regards to the claimed expression of “associated with a first user account that is associated with a buyer device” is describing the information received by the seller device in claim 1, the examiner finds that the expression does not further limit the scope of claim as the expression merely describes the information and does not affect the step(s) positively recited in the claim.
Similarly, the claimed expression of “associated with a first user account that is associated with a buyer device” in the apparatus, the expression does not further limit the scope of the claim as the expression merely describes the information as does not affect the claim apparatus/positively recited its components structurally or functionally
Regarding claim 4: The combination of Loevenguth, Hou and Aabye disclose the method of claim 1. The combination further disclose wherein the identifier of the buyer device comprises a user account identifier corresponding to the buyer device. (See at least Loevenguth, [0030-0031])
Regarding claim 5, 13 and 19: The combination of Loevenguth, Hou and Aabye disclose the method of claim 1, the device of claim 10 and computer-readable medium of claim 16. The combination of Loevenguth and Aabye further disclose requesting, by the seller device, the unique device identifier of the buyer device prior to obtaining the unique device identifier of the buyer device. (See at least Loevenguth, [0027]; [0030]. Where the unique device identifier of the buyer device (i.e. device authentication information of the mobile device) is requested by the seller device (i.e. point of sale device) prior to obtaining the unique device identifier of the buyer device (i.e. is received in response to the device authentication request).)
Regarding claim 6, 14 and 20: The combination of Loevenguth, Hou and Aabye disclose the method of claim 1, the device of claim 10 and computer-readable medium of claim 16. The combination of Loevenguth and Aabye further disclose wherein obtaining the unique device identifier of the buyer device comprises detecting the unique device identifier of the buyer device in accordance with the buyer device being within a proximate range of the seller device. (See at least, Loevenguth, [0033]; [0036]; [0041]. Where wherein obtaining the unique device identifier of the buyer device (i.e. receiving device authentication information from a mobile device) comprises detecting the unique device identifier of the buyer device in accordance within the buyer device being with a proximate range of the seller device. (i.e. wirelessly to the nearby point of sale device).)
Regarding claim 9: The combination of Loevenguth, Hou and Aabye disclose the method of claim 1. The combination of Loevenguth and Aabye further disclose wherein the unique device identifier of the buyer device comprises an identifying information of the buyer device. (See at least Loevenguth, [0023].)
Claim 2-3, 11-12, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Loevenguth, Hou and Aabye as applied above, and further in view of Truskovsky et al. U.S. Patent Publication No. 2015/0012305 A1.
Regarding claim 2, 11 and 17: The combination of Loevenguth, Hou and Aabye disclose the method of claim 1, the device of claim 10 and computer-readable medium of claim 16. Loevenguth further disclose receiving by the point of sale device, account information from the mobile device. Loevenguth, [0036].
However, the combination of Aabye and Loevenguth does not explicitly disclose wherein the information comprises a primary account number (PAN) corresponding to the second user account.
Truskovsky, on the other hand teaches wherein the information comprises a primary account number (PAN) corresponding to the second user account. (See at least Truskovsky, [0044]. Where the information received by the seller device (i.e. point of sale) comprises a primary account number (PAN) (i.e. credit card information) corresponding to the second user account.)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify the above combination and include Truskovsky's teachings in order to ensure that the information is precise and secure by incorporating the use of a PAN received via NFC.
Regarding claim 3, 12 and 18: The combination of Loevenguth, Hou, Abaye and Truskovsky disclose the method of claim 2, the device of claim 11 and computer readable medium of claim 17. The combination further disclose wherein the primary account number is received via a near-field communication (NFC) device of the seller device. (See at least Truskovsky, [0044]. Where the primary account number is received via a nearfield communication (NFC) device of the seller device (i.e. via NFC from the mobile device).)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify the above combination and include Truskovsky's teachings in order to ensure that the information is precise and secure by incorporating the use of a PAN received via NFC.
Claim 7, 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Loevenguth, Hou and Abaye as applied above, and further in view of Walker et al. U.S. Patent Publication No. 2002/0133408 A 1.
Regarding claim 7: The combination of Loevenguth, Hou and Aabye disclose the method of claim 1. Loevenguth further disclose point of sale device may also include the subsystems necessary to transmit and receive information from the server and mobile devices, either via wired or wireless communications. Loevenguth, [0046]. However, the combination of Loevenguth and Aabye does not specifically disclose wherein obtaining the unique device identifier of the buyer device comprises receiving the unique device identifier of the buyer device from a beacon device.
Walker, on the other hand teaches that it was known in the art to receive signature of the buyer device (i.e. information) from a beacon device. (See at least Walker, Fig. 1 C [0062]. Where the unique device identifier of the buyer device (i.e. information) is received from a beacon device (i.e. is received from the POS terminal 170).) Note: the seller device (i.e. POS peripheral) receives information through/from (POS terminal).)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify the above combination and include Walker's teachings in order to facilitate a transaction environmental that is versatile and resilient.
Regarding claim 8 and 15. The combination of Loevenguth, Hou, Aabye and Walker disclose the method of claim 7. The combination of Loevenguth, Aabye and Walker further disclose wherein the beacon is located at a facility corresponding to the seller device. (See at least Walker, Fig, 1 C; [0062]. Where the beacon device (i.e. POS terminal 170) is a beacon device located at a facility corresponding to the seller device (i.e. corresponding to the POS peripheral 175).)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify the above combination and include Walker's teachings in order to facilitate a transaction environmental that is versatile and resilient.
Response to Arguments
Specification Objections
Applicant’s amendments has corrected the previously identified issues regarding the objection to the specification. Accordingly, the objection to the specification has been withdrawn.
Rejections under 35 U.S.C. § 101
Applicant’s arguments with respect to the 101 rejection have been considered and they were found to be persuasive, in part. Regarding Applicant’s arguments that the claims do not recite abstract idea, Examiner respectfully disagrees. The claims recite the abstract idea of receiving, transmitting and determining association of device information to complete/enable a transaction (e.g., exchange of data to complete a transaction).
In response to Applicant assertions that “the recited claim elements represent a unique combination of elements that cooperate to perform information exchanges leading to the issuance of a message to enable authorization for a transaction, thus integrating the additional elements into a practical application”. (Amendment, p.12). Examiner agrees. The amendment to the claims reciting the interaction between three devices (i.e., second device, seller device and issuer server device) represent a practical application of the abstract idea under step 2A, prong two.
In response to Applicant assertions that that cannot be practically performed in the human mind and citing the memo reminders on evaluating subject matter eligibility of claims under 35 U.S.C. 101 (Amendment, p. 12), Examiner respectfully disagrees. The category of the abstract idea identified in the previous 101 rejection was not mental processes, but rather commercial or legal interactions.
In view of the current claim amendments, the 35 U.S.C. 101 rejection is withdrawn.
Claims rejections under 35 U.S.C. § 103
Applicant requests clarification whether Moinuddin was intended to be included as
part of the present 35 USC 103 rejection. Examiner apologize for the confusion, the reference Moinuddin was cited in the from “PTO-892” but was omitted by mistake in the office action. Loevenguth already disclose that the system transmits requests to second device to facilitate authentication and therefore, Moinuddin was used to teach that the phone number is used to authenticate the user's device. However, Applicant amended to specify that the entry of the identifier is at the seller device. Upon further consideration of the newly introduced language, a new ground(s) of rejection is made in view of Loevenguth, Hou and Abaye.
Conclusion
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/K.G.M/Examiner, Art Unit 3698
/EDUARDO CASTILHO/Primary Examiner, Art Unit 3698