DETAILED ACTION
This Final Office action is in response to Claims on 02/02/2026. Claims 1-21 are pending. The effective filling date of the claimed invention is 06/25/2019.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/21/2021 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-21 rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
Step 1- Claims 1-4, 10, 13-15 and 19-21 are directed to a device, which is a machine that is deemed appropriate subject matter for a patent. Claims 5-8 and 16-18 are directed to a method, which is a process that is deemed appropriate subject matter for a patent. Claim 9 is directed to a computer program product on the memory of the device of claim 1, a computer program product is an article of manufacture and is deemed appropriate subject matter for a patent. Claims 11-12 are directed to a system that comprises the device of claim 1, which is a machine that is deemed appropriate subject matter for a patent. Accordingly, claims 1-18 pass Step 1.
Step 2A, Prong 1- The independent claims 1 and 5 recites the following abstract idea (with identified additional elements);
a processor (additional element, see analysis under Step 2A Prong 2; Step 2B),
a data memory to store payment information for each payment acquired by the device (additional element, see analysis under Step 2A Prong 2; Step 2B),
a program memory (additional element, see analysis under Step 2A Prong 2; Step 2B) including program instructions (instructions for the process of completing payments can be grouped as a certain method of organizing human activity, in that instruction in relation to payment is part of the subgrouping of a commercial activities. See MPEP 2106.04(a)(2)(II)(B) The Federal Circuit described the claims as directed to the abstract idea of "processing an application for financing a loan" and found "no meaningful distinction between this type of financial industry practice" and the concept of intermediated settlement in Alice or the hedging concept in Bilski. 859 F.3d at 1054, 123 USPQ2d at 1108),
a wireless or wired communication device (additional element, see analysis under Step 2A Prong 2; Step 2B) to provide a first communication link with a payment server and a second communication link with a personal issuing device (communication between two parties, whether it be two people, or between computers, the concept is claimed is still the transfer of information. Transferring information is a process that can be performed in the human mind, and classified as a mental process. See MPEP 2106.04(a)(2)(III)(C) Claims can recite a mental process even if they are claimed as being performed on a computer. The Supreme Court recognized this in Benson, determining that a mathematical algorithm for converting binary coded decimal to pure binary within a computer’s shift register was an abstract idea. The Court concluded that the algorithm could be performed purely mentally even though the claimed procedures "can be carried out in existing computers long in use, no new machinery being necessary." 409 U.S at 67, 175 USPQ at 675. See also Mortgage Grader, 811 F.3d at 1324, 117 USPQ2d at 1699 (concluding that concept of "anonymous loan shopping" recited in a computer system claim is an abstract idea because it could be "performed by humans without a computer").),
an input human-machine interface, including a keypad, a touchscreen or a microphone, (additional element, see analysis under Step 2A Prong 2; Step 2B) configured to translate an action by a human user into input alphanumeric data that can be interpreted by said processor (the transferring of information is a process that can be performed in the mind, and is grouped as a mental process. See MPEP 2106.04(a)(2)(III)(C) Claims can recite a mental process even if they are claimed as being performed on a computer. The Supreme Court recognized this in Benson, determining that a mathematical algorithm for converting binary coded decimal to pure binary within a computer’s shift register was an abstract idea. The Court concluded that the algorithm could be performed purely mentally even though the claimed procedures "can be carried out in existing computers long in use, no new machinery being necessary." 409 U.S at 67, 175 USPQ at 675. See also Mortgage Grader, 811 F.3d at 1324, 117 USPQ2d at 1699 (concluding that concept of "anonymous loan shopping" recited in a computer system claim is an abstract idea because it could be "performed by humans without a computer").),
an output human-machine interface, including the touchscreen, a printer, or a speaker, (additional element, see analysis under Step 2A Prong 2; Step 2B) configured to translate output alphanumeric data into a content perceptible by a human user (the transferring of information is a process that can be performed in the mind, and is grouped as a mental process. See MPEP 2106.04(a)(2)(III)(C) Claims can recite a mental process even if they are claimed as being performed on a computer. The Supreme Court recognized this in Benson, determining that a mathematical algorithm for converting binary coded decimal to pure binary within a computer’s shift register was an abstract idea. The Court concluded that the algorithm could be performed purely mentally even though the claimed procedures "can be carried out in existing computers long in use, no new machinery being necessary." 409 U.S at 67, 175 USPQ at 675. See also Mortgage Grader, 811 F.3d at 1324, 117 USPQ2d at 1699 (concluding that concept of "anonymous loan shopping" recited in a computer system claim is an abstract idea because it could be "performed by humans without a computer").),
said processor (additional element, see analysis under Step 2A Prong 2; Step 2B) being configured to execute the program instructions to generate a transaction message intended for the payment server, said transaction message encoding data values describing a payment amount, said processor also being configured to transmit said transaction message using the communication device (generating and transmitting messages are a process of exchanging information, and is grouped as a mental process. See MPEP 2106.04(a)(2)(III)(C) Claims can recite a mental process even if they are claimed as being performed on a computer. The Supreme Court recognized this in Benson, determining that a mathematical algorithm for converting binary coded decimal to pure binary within a computer’s shift register was an abstract idea. The Court concluded that the algorithm could be performed purely mentally even though the claimed procedures "can be carried out in existing computers long in use, no new machinery being necessary." 409 U.S at 67, 175 USPQ at 675. See also Mortgage Grader, 811 F.3d at 1324, 117 USPQ2d at 1699 (concluding that concept of "anonymous loan shopping" recited in a computer system claim is an abstract idea because it could be "performed by humans without a computer").),
a matrix capture device (additional element, see analysis under Step 2A Prong 2; Step 2B) for capturing a view of an invoice graphically representing payment information in a form of alphanumeric characters on the invoice, when said invoice is in field of capture of said capture device, the capture device producing a digital representation of said invoice (viewing a graphic display is an act that can be performed in the human mind, and therefore is grouped as a mental process. See MPEP 2106.04(a)(2)(III)(C) Claims can recite a mental process even if they are claimed as being performed on a computer. The Supreme Court recognized this in Benson, determining that a mathematical algorithm for converting binary coded decimal to pure binary within a computer’s shift register was an abstract idea. The Court concluded that the algorithm could be performed purely mentally even though the claimed procedures "can be carried out in existing computers long in use, no new machinery being necessary." 409 U.S at 67, 175 USPQ at 675. See also Mortgage Grader, 811 F.3d at 1324, 117 USPQ2d at 1699 (concluding that concept of "anonymous loan shopping" recited in a computer system claim is an abstract idea because it could be "performed by humans without a computer").),
wherein the processor (additional element, see analysis under Step 2A Prong 2; Step 2B) is also configured to execute the program instruction to identify and determine, based on the digital representation produced, using character recognition techniques to translate the alphanumeric characters of the payment information on the invoice represented in the digital representation into, the data values describing the payment amount encoded in the transaction message (identification and determining are decisions made by people, and can be performed in the human mind, therefore the element is considered a mental process. See MPEP 2106.04(a)(2)(III)(C)),
wherein the processor (additional element, see analysis under Step 2A Prong 2; Step 2B) further configured to execute the program instruction to determine various graphic fields associated respectively with amounts to be added together, including portions of the alphanumeric characters of the payment information on the invoice represented in the digital representation, then decode, store, and add digital values of the various graphic fields associated respectively with the amounts to be added together to obtain a total of the payment amount (determining are decisions made by people, and can be performed in the human mind, therefore the element is considered a mental process. See MPEP 2106.04(a)(2)(III)(C)),
wherein the payment acquisition device (additional element analyzed in Step 2A, Prong 2) is configured to receive an electronic payment of the payment amount from the personal issuing device via the second communication link (receiving information is grouped as a mental process. See MPEP 2106.04(a)(2)(III)(C) Claims can recite a mental process even if they are claimed as being performed on a computer. The Supreme Court recognized this in Benson, determining that a mathematical algorithm for converting binary coded decimal to pure binary within a computer’s shift register was an abstract idea. The Court concluded that the algorithm could be performed purely mentally even though the claimed procedures "can be carried out in existing computers long in use, no new machinery being necessary." 409 U.S at 67, 175 USPQ at 675. See also Mortgage Grader, 811 F.3d at 1324, 117 USPQ2d at 1699 (concluding that concept of "anonymous loan shopping" recited in a computer system claim is an abstract idea because it could be "performed by humans without a computer")).
Independent claim 5 has similar steps that coordinate with claim 1, which includes generating messages, transmitting messages, capturing a visual representation of an invoice (a mental process of looking at images and remembering what they look like in the human mind), saving that image (which can be done by a persons mind having a memory), identifying and determining. The same MPEP reasoning of claim 1 for the element being a mental process apply to claim 5.
When viewed alone and in ordered combination, these abstract idea limitations of claims 1 and 5 recite an abstract idea.
Step 2A, Prong 2- Claims 1 (and similarly claim 5) do not integrate the identified abstract ideas with a practical application.
The additional elements include a processor, a data memory, a program memory, wireless or wired communication device, an input human-machine interface, an output human-machine interface, a matrix capture device, a keypad, a touchscreen or a microphone, a printer, a speaker and payment acquisition device.
This judicial exception is not integrated into a practical application because the additional element fail to provide limitations that meaningfully limit the invention to a practical application. Under MPEP 2106.05(a) the elements may showcase the improvement to the functioning of a computer. The improvement should indicate a technical explanation of how the claimed invention would improve the functionality of a computer. Examiner notes in in Specification [0001] that the invention aims to simplify the transfer of information, and therefore the problem lies with the ability for machines to transfer information, yet the claims simply state the solution as capturing information, sending and reciting alpha numeric data, and using a processor to make a determination. Without the claim to how the processor is capable of improving the functioning of a computer, beyond simply receiving and sending information in a simplified manner, the computer functions as normal. Additionally, the claims may be more than the application on a computer according to MPEP 2106.05(f) if the claims are able to recite details about how the solution is being accomplished. The solution to a simplified identification process is not technical by simply applying the process on a processor, since this is the mere application of an abstract idea on a computer. The units are invoked merely as tools to perform the existing process of sending and receiving information. To be more than sending and receiving information, how the data is being sent, received, analyzed or stored, that is an improvement to already existing computer elements, or that is being combined in a matter than is more than just using the computer as a tool, would be required to integrate the abstract idea into a practical application, which is not shown in the current claim limitations.
A data memory and program memory are able to store the instructions, they are being used as tools to implement the abstract idea, and under 2106.05(f) they do not integrate the abstract idea into a practical application.
The two different interfaces are used as tools to receive and output information, and under 2106.05(f) they do not integrate the abstract idea into a practical application.
The matrix capture device is also used to capture visual information about the graphical invoice. The capturing of information is the abstract idea, and using a device to do so is using that device as a tool to implement the abstract idea, and under 2106.05(f) they do not integrate the abstract idea into a practical application.
The a keypad, a touchscreen or a microphone, a printer, a speaker are all additional computer elements that are added to the human-machine interface. The multiple parts dos not make the interface more thana tool, with additional traditional elements of a computer, to be more the a tool to perform the abstract idea under MPEP 2106.05(f).
The payment acquisition device is a tool to complete payment, and using a device as the tool to implement that abstract idea of completing a payment, under 2106.05(f) they do not integrate the abstract idea into a practical application.
When these additional elements are viewed alone and in ordered combination the examiner finds that claim 1 (and similarly claim 5) are directed to an abstract idea.
Step 2B- The independent claims 1 and 5 do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the elements as a whole are defined as tools to implement the abstract idea. MPEP 2106.05(f) continues to showcase how when considered both individually and as an ordered combination, the computer components do nothing more than act as a tool to implement the abstract idea, and thus, the steps send and receive information from different elements, but their combination does not provide more than their individual non-technical solution claims. Therefore, independent claims 1 and 5 remains patent ineligible.
Dependent claims 2 and 12 describe what the communication device is configured to perform. Authentication is a step used within the practice of purchasing, which is grouped as a commercial activity, found under the umbrella certain method of organizing human activity. The application of the abstract idea on a communication device and processor does not integrate the abstract idea into a practical application. The configuration is described using solution based terms, such as connecting with a second communication link, and implementing an authentication, and describes how a PIN is sent to authenticate a user, but does not indicate how the computer actually would authenticate, it simple states that is uses this information to authenticate.
Dependent claims 3 describe what the processor is configured to perform. Triggering the output of information is the transferring of information, which can be accomplished in the human mind, and is grouped as a mental process. Application on a processor continues to describe solution based claims, in that the processor is capable of triggering an output of content, and it is determined, but does not give technical solution to how the determination is being accomplished, and therefore uses the computer as a tool.
Dependent claim 4 describe what the data memory is configured to perform. Storing information can be performed in the human mind, and is grouped as a mental process. This continues to describe solution based claims, in that the data memory stores, but does not give technical solution to how the storage would be an improvement to other storage device, and therefore does not provide improvement to the functionality of a computer.
Dependent claim 6 and 9-10 add an additional step of information output. The transferring of information can be accomplished in the human mind, and is grouped as a mental process. The step of sending out information does not provide a technical solution or describe something that is anything more than a method of communication, applied to a computer, and therefore, does not integrate the abstract idea into a practical application.
Dependent claim 7 includes the use of a convolutional neural network. A neural network is a way to analyze data, but when it is merely being used by name, and a thing that the abstract idea is being applied to, it is also being used to invoke a computer element simply to implement an abstract idea. The use of a neural network does not show more than implementation by a computer element. See the July 2024 Subject Matter Eligibility Example 47 of how the use of a neural network by name only is treated as a tool to implement the idea, and does not integrate the abstract idea into a practical application.
Dependent claim 8 adds the additional elements of the device of claim 1, and remains rejected as seen in the analysis of independent claim 1.
Dependent claim 11 includes the additional element of a payment server and electronic cash register. These element continue to provide a computer as a tool to perform the abstract idea, and od no provide integration into a practical application simply by being named in the claim.
Dependent claims 13-14 and 16-17 adds a more specific matric capture device, but the term that replaces device is sensor or camera, which are still broad computer elements. The use of any computer element, whether a device, camera or sensors as a tool to implement the idea does not integrate the abstract idea into a practical application. See MEPE 2106.05(f).
Dependent claims 15 and 18 adds details of what is graphically viewed on an invoice. Adding details to what is visually being seen, continues to be what is viewed by the human mind, and is considered a mental process. The display of the information on a device does not integrate the abstract idea into a practical application because it is using the device as a tool to perform the abstract idea. See MEPE 2106.05(f).
Dependent Claims 19-21 add additional details about the field capture and messaging, but fails to provide more than a tool to perform the abstract idea of identification of information under MPEP 2106.04(a)(2)(III) and 2106.05(f).
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.
Claims 1-6 and 8-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2012/0209749 A1 Hammad et al. ("Hammad") in view of US 2010/0183246 A1 King et al. (“King”) and US 2015/0012422 A1 Ceribelli et al. (“Ceribelli”).
Regarding claim 1, Hammad discloses a payment acquisition device for a merchant (Hammad Abstract, payment apparatus) comprising
a processor (Hammad [0129] the computers used to communicate contain processors, memories, the memory storing program data and data collected from users),
a data memory to store payment information for each payment acquired by the device (Hammad [0129] the computers used to communicate contain processors, memories, the memory storing program data and data collected from users),
a program memory including program instructions (Hammad [0129] the computers used to communicate contain processors, memories, the memory storing program data and data collected from users),
a wireless or wired communication device (Hammad [0129-0139] the computers have communicative circuits to connect between devices) to provide a first communication link with a payment server and a second communication link with a personal issuing device (Hammad [0041] a user may initiate a purchase transaction, and a different application may require authorization for purchase to confirm; [0124] the user may authenticate their identity using a PIN code),
an input human-machine interface, including a keypad, a touchscreen or a microphone (Hammad [0056] the input may be through a touchscreen interface, keyboard entry), configured to translate an action by a human user into input alphanumeric data that can be interpreted by said processor (Hammad [0043] using a touchscreen to send and receive information; [0056] user input, where the selection is converted into data interpreted by the processor),
an output human-machine interface, including the touchscreen, a printer, or a speaker (Hammad [0111] the output may print a receipt to a printer), configured to translate output alphanumeric data into a content perceptible by a human user (Hammad [0043] using a touchscreen to send and receive information, when the processor makes a determination, it send a message a user may understand; [0056] the touchscreen displays information to the user),
a matrix capture device for capturing a view of an invoice graphically representing payment information, when said invoice is in field of capture of said capture device, the capture device producing a digital representation of said invoice, (Hammad [0025] generating a QR code on a user phone to display to the payment device for checkout; [0040] the payment device may use a camera to acquire information; [0023] the payment includes receipt, with list of all items purchased),
wherein the processor is configured to execute the program instruction to identify and determine, based on the digital representation produced, and translate using character recognition techniques the invoice represented in the digital representation into data values describing the payment information (Hammad [0084] the virtual wallet uses a QR code, and information is extracted from the QR code using an optical character recognition, it decodes and extracts information from the QR code to be read by the virtual wallet; extraction translates the digital representation into a readable form, which reads on the translation of digital representation to alphanumeric characters; [0025] the user mobile phone generates a QR code, interacts with the POS terminal to generate payment total, and communicates with the virtual wallet of the user device to complete the transaction; [0040] the payment device may use a camera to acquire information from the QR code),
wherein the processor is further configured to execute the program instruction to determine, from the digital representation, various graphic fields associated respectively with amounts to be added together, including portions of the payment information on the invoice represented in the digital representation (Hammad Fig. 3E, shows the graphic representation of options, including the invoice and itemized of items to complete; [0021] the scanned items are added for the snap mobile payment (SNAP)), then decode, store, and add the digital values of the various graphic fields associated respectively with the amounts to be added together to obtain a total of the payment amount (Hammad [0084] the information included in the QR code includes various fields, such as invoice and coupons; [0117] decoding information from the QR code to total the amount for payment);
said output human-machine interface being configured to present the total of the payment amount to a user of the personal issuing device for validation (Hammad [0059] when payment is being processed, a message is sent to the user through the server, including the charge amount; [0097] the funds available may be a set amount based on the gift, rewards or prepaid amount; [0100] payment processor; [0129] microprocessor),
said input human-machine interface being configured to receive and translate a validation of the total of the payment amount by the user into alphanumeric data that can be interpreted by said processor (Hammad [0022] POS terminal communicates payment information),
said processor also being configured to execute the program instructions to authenticate a payment of the total of the payment amount by sending a challenge to the personal issuing device via the second communication link (Hammad [0041] a user may initiate a purchase transaction, and a different application may require authorization for purchase to confirm; [0124] the user may authenticate their identity using a PIN code),
said processor also being configured to execute the program instructions to generate a transaction message for the payment server, said transaction message including encoded data values describing the total of the payment amount, and to transmit said transaction message to the payment server via the first communication link (Hammad [0059] when payment is being processed, a message is sent to the user through the server, including the charge amount; [0097] the funds available may be a set amount based on the gift, rewards or prepaid amount; [0100] payment processor; [0129] microprocessor; [0022] POS terminal communicates payment information).
Hammad fails to explicitly disclose the graphical representation payment information is in the form of alphanumeric characters on the invoice; translate the alphanumeric characters of the payment information on the invoice; and determine various graphic fields including portions of the alphanumeric characters of the payment information on the invoice represented; wherein the invoice captured by the matrix capture device is a paper invoice.
King is in the field of portable device image capturing (King Abstract, portable device to scan data) and teaches the graphical representation payment information is in the form of alphanumeric characters on the invoice (King [0696] the handheld device captures images of features, including a string of alphanumeric characters); translate the alphanumeric characters of the payment information on the invoice (King [0696] the images of the alphanumeric image captured is then processed using extraction techniques); and determine various graphic fields including portions of the alphanumeric characters of the payment information on the invoice represented (King [0696] the analysis determines text fragments, which is a portion of the text, to make a determination about matching counterparts). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the visual capturing of QR codes for payment in Hammad with the specific alphanumeric capturing as taught by King. The motivation for doing so would be to readily identify elements of an invoice with an easily portable device, showcasing that a single portable device may be programed to analyze both QR and alphanumeric text (King [0045] portable scanner to identify information).
Ceribelli is in the field of scanning checks (Ceribelli Abstract, scanning checks) and teaches wherein the invoice captured by the matrix capture device is a paper invoice (Ceribelli [0063-0065] scanning incoming invoices). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the scanning of Hammad with the paper invoice of Ceribelli. The motivation for doing so would be to recognize any part of the invoice to determine all types of data (Ceribelli [0065] recognition of header, dates, emails, or any other information necessary to create an electronic message).
Regarding claim 2, Hammad discloses the payment acquisition device according to claim 1, wherein the processor is also configured to implement a method for authenticating a holder of said personal issuing device by using jointly a personal identification code entered via the input human-machine interface and data exchanged via the second communication link with said personal issuing device, and to only transmit said transaction message to the payment server if conditions required by said authentication method are met (Hammad [0041] a user may initiate a purchase transaction, and a different application may require authorization for purchase to confirm; [0124] the user may authenticate their identity using a PIN code).
Regarding claim 3, Hammad discloses the payment acquisition device according to claim 2, wherein the processor is also configured to trigger an output of a content translating the payment amount determined from the digital representation, via the output human-machine interface (Hammad [0041] the payment amount is displayed to the user; Fig 3B)
Regarding claim 4, Hammad discloses the payment acquisition device according to claim 1, wherein the data memory stores payment information of each transaction made by the payment acquisition device (Hammad [0111] the information may be stored to a memory, or on the cloud to be accessed by a variety of parties).
Regarding claim 5, Hammad discloses a method for generating a transaction message for a payment acquisition device for a merchant (Hammad Abstract, payment apparatus) comprising:
- a step of generating a transaction message for a payment server, said transaction message an encoding data values describing a payment amount (Hammad [0059] when payment is being processed, a message is sent to the user through the server, including the charge amount; [0097] the funds available may be a set amount based on the gift, rewards or prepaid amount),
- a step of triggering a transmission of said transaction message to said payment server using a communication device of the payment acquisition device (Hammad [0022] POS terminal communicates payment information), wherein the payment amount is determined using the following steps:
- a step, before the step of generating the transaction message, of processing and capturing a representation of an invoice using matrix capture device of the payment acquisition device, the invoice including payment information (Hammad [0025] generating a QR code on a user phone to display to the payment device for checkout; [0040] the payment device may use a camera to acquire information),
- a step of producing and saving a digital representation of the invoice in a data memory of said payment acquisition device (Hammad [0025] the user mobile phone generates a QR code, interacts with the POS terminal to generate payment total, and communicates with the virtual wallet of the user device to complete the transaction), and
- a step of identifying and /or determining the payment amount from the digital representation (Hammad [0059] when payment is being processed, a message is sent to the user through the server, including the charge amount; [0097] the funds available may be a set amount based on the gift, rewards or prepaid amount), using character recognition techniques, by translating payment information on the invoice represented in the digital representation into the data values describing the payment amount (Hammad [0084] the virtual wallet uses a QR code, and information is extracted from the QR code using an optical character recognition, it decodes and extracts information from the QR code to be read by the virtual wallet; extraction translates the digital representation into a readable form, which reads on the translation of digital representation to alphanumeric characters; [0025] the user mobile phone generates a QR code, interacts with the POS terminal to generate payment total, and communicates with the virtual wallet of the user device to complete the transaction; [0040] the payment device may use a camera to acquire information from the QR code),
-a step for determining various graphic fields associated respectively with amounts to be added together, including portions of the payment information on the invoice represented in the digital representation (Hammad [0084] the virtual wallet uses a QR code, and information is extracted from the QR code using an optical character recognition, it decodes and extracts information from the QR code to be read by the virtual wallet; extraction translates the digital representation into a readable form, which reads on the translation of digital representation to alphanumeric characters), then
-respective steps of decoding, storing and adding the digital values of the various graphic fields associated respectively with the amounts to be added to obtain a total of the payment amount (Hammad [0084] the information included in the QR code includes various fields, such as invoice and coupons; [0117] decoding information from the QR code to total the amount for payment), and
-a step of the payment acquisition device receiving an electronic payment of the payment amount from a personal issuing device via the communication device (Hammad [0041] a user may initiate a purchase transaction, and a different application may require authorization for purchase to confirm; [0124] the user may authenticate their identity using a PIN code).
Hammad fails to explicitly disclose payment information in a form of alphanumeric characters on the invoice; translating the alphanumeric characters of the payment information on the invoice; determine various graphic fields including portions of the alphanumeric characters of the payment information on the invoice represented.
King teaches payment information in a form of alphanumeric characters on the invoice (King [0696] the handheld device captures images of features, including a string of alphanumeric characters); translating the alphanumeric characters of the payment information on the invoice (King [0696] the images of the alphanumeric image captured is then processed using extraction techniques); determine various graphic fields including portions of the alphanumeric characters of the payment information on the invoice represented (King [0696] the analysis determines text fragments, which is a portion of the text, to make a determination about matching counterparts). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the visual capturing of QR codes for payment in Hammad with the specific alphanumeric capturing as taught by King. The motivation for doing so would be to readily identify elements of an invoice with an easily portable device, showcasing that a single portable device may be programed to analyze both QR and alphanumeric text (King [0045] portable scanner to identify information).
Regarding claim 6, Hammad discloses the method according to claim 5, comprising a step of triggering an output, via an output human-machine interface of the payment acquisition device, of a content generated to translate the payment amount determined from the digital representation (Hammad [0043] using a touchscreen to send and receive information, when the processor makes a determination, it send a message a user may understand; [0056] the touchscreen displays information to the user).
Regarding claim 8, Hammad discloses the method according to claim 5, wherein the method is implemented by a processor the payment acquisition device, the payment acquisition device comprising said processor (Hammad [0129] the computers used to communicate contain processors, memories, the memory storing program data and data collected from users),
the data memory to store payment information for each payment acquired by the device (Hammad [0129] the computers used to communicate contain processors, memories, the memory storing program data and data collected from users),
a program memory (Hammad [0129] the computers used to communicate contain processors, memories, the memory storing program data and data collected from users),
the communication device to set up a first communication link with the payment server (Hammad [0129-0139] the computers have communicative circuits to connect between devices),
an input human-machine interface configured to translate an action by a human user into input alphanumeric data that can be interpreted by said processor (Hammad [0043] using a touchscreen to send and receive information; [0056] user input, where the selection is converted into data interpreted by the processor),
an output human-machine interface configured to translate output alphanumeric data into a content perceptible by a human user (Hammad [0043] using a touchscreen to send and receive information, when the processor makes a determination, it send a message a user may understand; [0056] the touchscreen displays information to the user),
said processor being configured to generate the transaction message intended for the payment server (Hammad [0059] when payment is being processed, a message is sent to the user through the server, including the charge amount; [0097] the funds available may be a set amount based on the gift, rewards or prepaid amount),
said transaction message encoding data values describing the payment amount (Hammad [0022] POS terminal communicates payment information),
said processor also being configured to transmit said transaction message using the communication device (Hammad [0022] POS terminal communicates payment information),
said payment acquisition device being characterized in that it comprises the matrix capture device for capturing a view of the invoice graphically representing payment information (Hammad [0025] generating a QR code on a user phone to display to the payment device for checkout; [0040] the payment device may use a camera to acquire information),
when said invoice is in a field of capture of said capture device, the capture device producing the digital representation of said invoice and in that the processor is also configured to determine, on a basis of the digital representation produced, the payment amount encoded in the transaction message (Hammad [0025] the user mobile phone generates a QR code, interacts with the POS terminal to generate payment total, and communicates with the virtual wallet of the user device to complete the transaction; [0040] the payment device may use a camera to acquire information).
Regarding claim 9, Hammad discloses a computer program product comprising the program instructions which, written in the program memory of the payment acquisition device according to claim 1 (Hammad [0129] the devices all contain memories, either to store program information or user information), and interpreted or executed by the processor of said device,
Trigger an implementation of a method for generating the transaction message for the payment acquisition device for the merchant (Hammad [0022] the transaction request may be triggered by user presence at POS terminal to begin payment), comprising:
- a step of generating the transaction message intended for the payment server, said transaction message encoding data values describing the payment amount (Hammad [0059] when payment is being processed, a message is sent to the user through the server, including the charge amount; [0097] the funds available may be a set amount based on the gift, rewards or prepaid amount),
- a step of triggering a transmission of said transaction message to said payment server using the communication device of the payment acquisition device (Hammad [0022] POS terminal communicates payment information), wherein the payment amount is determined using the following steps:
- a step, before the step of generating the transaction message, of processing and capturing a representation of the invoice using the matrix capture device of the payment acquisition device (Hammad [0025] generating a QR code on a user phone to display to the payment device for checkout; [0040] the payment device may use a camera to acquire information),
- a step of producing and saving the digital representation of the invoice in the data memory of said payment acquisition device (Hammad [0025] the user mobile phone generates a QR code, interacts with the POS terminal to generate payment total, and communicates with the virtual wallet of the user device to complete the transaction), and
- a step of identifying and/or determining the payment amount from the digital representation (Hammad [0059] when payment is being processed, a message is sent to the user through the server, including the charge amount; [0097] the funds available may be a set amount based on the gift, rewards or prepaid amount),
-a step for determining various graphic fields associated respectively with amounts to be added together, in the digital representation (Hammad [0084] the virtual wallet uses a QR code, and information is extracted from the QR code using an optical character recognition, it decodes and extracts information from the QR code to be read by the virtual wallet; extraction translates the digital representation into a readable form, which reads on the translation of digital representation to alphanumeric characters; [0025] the user mobile phone generates a QR code, interacts with the POS terminal to generate payment total, and communicates with the virtual wallet of the user device to complete the transaction; [0040] the payment device may use a camera to acquire information from the QR code), then
-respective steps of decoding, storing and adding the digital values of the various graphic fields associated respectively with the amounts to be added to obtain a total of the payment amount (Hammad [0084] the information included in the QR code includes various fields, such as invoice and coupons; [0117] decoding information from the QR code to total the amount for payment).
Regarding claim 10, Hammad discloses the payment acquisition device according to claim 1, wherein the program memory comprises a computer program product comprising program instructions which, written in the program memory of the payment acquisition device (Hammad [0129] the devices all contain memories, either to store program information or user information), and interpreted or executed by the processor of said device, trigger an implementation of a method for generating the transaction message for the payment acquisition device for the merchant (Hammad [0022] the transaction request may be triggered by user presence at POS terminal to begin payment), comprising:
- a step of generating the transaction message for the payment server, said transaction message encoding data values describing the payment amount (Hammad [0059] when payment is being processed, a message is sent to the user through the server, including the charge amount; [0097] the funds available may be a set amount based on the gift, rewards or prepaid amount),
- a step of triggering a transmission of said transaction message to said payment server using the communication device of the payment acquisition device (Hammad [0022] POS terminal communicates payment information), wherein the payment amount is determined using the following steps:
- a step, before the step of generating the transaction message, of processing and capturing a representation of the invoice using the matrix capture device of the payment acquisition device (Hammad [0025] generating a QR code on a user phone to display to the payment device for checkout; [0040] the payment device may use a camera to acquire information),
- a step of producing and saving the digital representation of the invoice in the data memory of said payment acquisition device (Hammad [0025] the user mobile phone generates a QR code, interacts with the POS terminal to generate payment total, and communicates with the virtual wallet of the user device to complete the transaction), and
- a step of identifying and/or determining the payment amount from the digital representation (Hammad [0059] when payment is being processed, a message is sent to the user through the server, including the charge amount; [0097] the funds available may be a set amount based on the gift, rewards or prepaid amount),
-a step for determining various graphic fields associated respectively with amounts to be added together, in the digital representation (Hammad [0084] the virtual wallet uses a QR code, and information is extracted from the QR code using an optical character recognition, it decodes and extracts information from the QR code to be read by the virtual wallet; extraction translates the digital representation into a readable form, which reads on the translation of digital representation to alphanumeric characters), then
-respective steps of decoding, storing and adding the digital values of the various graphic fields associated respectively with the amounts to be added to obtain a total of the payment amount (Hammad [0084] the information included in the QR code includes various fields, such as invoice and coupons; [0117] decoding information from the QR code to total the amount for payment).
Regarding claim 11, Hammad discloses a system comprising the payment acquisition device according to claim 1, the payment server, an electronic cash register to produce the invoice of which a view can be captured by the matrix capture device of said payment acquisition device when said invoice is in the field of capture of said matrix capture device (Hammad [0021-0022] the user and POS system interreact to recognize QR codes; [0025] generating a QR code on a user phone to display to the payment device for checkout; [0040] the payment device may use a camera to acquire information).
Regarding claim 12, Hammad discloses the system according to claim 11, wherein the processor is also configured to implement a method for authenticating a holder of said personal issuing device by using jointly a personal identification code entered via the input human-machine interface and data exchanged via the second communication link with said personal issuing device, and to only transmit said transaction message to the payment server if conditions required by said authentication method are met (Hammad [0041] a user may initiate a purchase transaction, and a different application may require authorization for purchase to confirm; [0124] the user may authenticate their identity using a PIN code).
Regarding claim 13, Hammad discloses the payment acquisition device according to claim 1, wherein the matrix capture device includes a plurality of matrix sensors (Hammad [0021-0022] the user and POS system interreact to recognize QR codes; [0025] generating a QR code on a user phone to display to the payment device for checkout; [0040] the payment device may use a camera to acquire information; in the instant application Fig. 5, the matric capture means is depicted as a camera, and a “sensor” is not defined, therefore examiner is noting that a sensor can also be interpreted as a camera because its goal is to capture images).
Regarding claim 14, Hammad discloses the payment acquisition device according to claim 1, wherein the matrix capture device includes a matrix camera (Hammad [0021-0022] the user and POS system interreact to recognize QR codes; [0025] generating a QR code on a user phone to display to the payment device for checkout; [0040] the payment device may use a camera to acquire information).
Regarding claim 15, Hammad discloses the payment acquisition device according to claim 1, wherein the invoice includes a listing of articles purchased or consumed, wherein the amounts include prices for each of the articles (Hammad [0090] the price and total payable amount may be included in the QR code; [0122] the virtual wallet includes product specification, prices, merchant information).
Regarding claim 16, Hammad discloses the method according to claim 5, wherein the matrix capture device includes a plurality of matrix sensors (Hammad [0021-0022] the user and POS system interreact to recognize QR codes; [0025] generating a QR code on a user phone to display to the payment device for checkout; [0040] the payment device may use a camera to acquire information; in the instant application Fig. 5, the matric capture means is depicted as a camera, and a “sensor” is not defined, therefore examiner is noting that a sensor can also be interpreted as a camera because its goal is to capture images).
Regarding claim 17, Hammad discloses the method according to claim 5, wherein the matrix capture device includes a matrix camera (Hammad [0021-0022] the user and POS system interreact to recognize QR codes; [0025] generating a QR code on a user phone to display to the payment device for checkout; [0040] the payment device may use a camera to acquire information.
Regarding claim 18, Hammad discloses the method according to claim 5, wherein the invoice includes a listing of articles purchased or consumed, wherein the amounts include prices for each of the articles (Hammad [0090] the price and total payable amount may be included in the QR code; [0122] the virtual wallet includes product specification, prices, merchant information).
Regarding claim 19, Hammad teaches the payment acquisition device according to claim 1, wherein when the invoice is in the field of capture of said matrix capture device, the output human-machine interface displays the view of the invoice for positioning of the invoice relative to the matrix capture device (Hammad [0025] the user mobile phone generates a QR code, interacts with the POS terminal to generate payment total, and communicates with the virtual wallet of the user device to complete the transaction; [0040] the payment device may use a camera to acquire information).
Regarding claim 20, Hammad teaches the payment acquisition device according to claim 1, wherein the program instructions executed by the processor determine the various graphic fields associated respectively with the amounts to be added together by identifying the various graphic fields with predetermined keywords or graphical markers adjacent to the amounts to be added together (Hammad Fig. 3E, shows the graphic representation of options, including the invoice and itemized of items to complete; [0021] the scanned items are added for the snap mobile payment (SNAP)).
Regarding claim 21, Hammad teaches the payment acquisition device according to claim 20, wherein the various graphic fields include a graphical field with a tip amount, inserted on the invoice by the user, to be added (Hammad [0084] the information included in the QR code includes various fields, such as invoice and coupons; [0117] decoding information from the QR code to total the amount for payment).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hammad, King and in further view of US 2008/0223918 A1 Williams et al. (“Williams”).
Regarding claim 7, Hammad discloses the method according to claim 5, wherein the step of identifying and/or determining the payment amount from the digital representation of an invoice consists of an estimation performed by a processor of the payment acquisition device (Hammad [0025] the user mobile phone generates a QR code, interacts with the POS terminal to generate payment total, and communicates with the virtual wallet of the user device to complete the transaction; the POS terminal is able to determine payment amount using the digital representation (QR code), and that estimation is performed by the POS terminal, which includes the payment acquisition device). Hammad fails to explicitly disclose an estimation performed by a convolutional neural network. Williams is in the field of processing payments (Williams Abstract, payment processing using payment tokens) and teaches an estimation performed by a convolutional neural network (Williams [0040] using neural networks to predict the content of files found within the digital representation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the analysis of digital representation in Hammad with the use of neural network s as taught by Williams. The motivation for doing so would be to create a system to detect abnormalities without additional programs (Williams [0040] a smart system to adapt and learn about abnormalities).
Response to Arguments
Applicant's arguments filed 02/02/2026 have been fully considered but they are not persuasive.
Regarding 101,
Examiner notes that every limitation is reviewed to identify and determine if that limitation falls within the subject matter groupings of abstract idea under Step 2A, Prong 1. Applicant points to the claim limitations that authenticate a payment and generating a message as not being able to be performed in the human mind. However, Examiner notes that a person may receive payment, looks at in ID, and authenticate the payment, additionally a person may transmit a message with specific values by order of writing the values down and sending to a different person. The claims do in fact perform these on computer elements, nut this does not mean that is impossible to be performed in the human mind under Step 2A, prong 1.
Under Step 2A, Prong 2, Examiner reviews the additional elements to decide if there is integration into a practical application. Applicant claims that there are specific software and steps, however, Examiner notes that those “specific” software is a matrix capture device, which does not provide any details about the device, and more so uses the device terminology as a placeholder tool to perform the abstract idea. Therefore, under MPEP 2106.05(f), when the additional elements are used as tools to perform the abstract idea, and the claims recite solutions to problems, with no technical details about how this is achieved, the claims fail to integrate the abstract idea into a practical application.
Regarding 103,
Applicant argues that the determination from digital representation any graphical field associated with amounts to be added, or adding such amount as claimed is not taught in Hammad. Examiner disagrees with this analysis, in that the claim requires that the amounts being added together are from the digital representation, and therefore when Hammad shows in Fig. 3E and [0021] it is able to capture a QR code, a digital representation, and that digital representation includes all of the payments, including items, tax or tips.
New art was added to teach paper invoices.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2012/0310725 A1 Chien et al. teaches using an electronic value to pay (Abstract); US 2010/0057551 A1 Blaisdell teaches a POS service for customers (Abstract); US 2008/0249931 A1 Gilder et al. (“Gilder”) teach electronic payment (Abstract).
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/JESSICA E SULLIVAN/Examiner, Art Unit 3627
/FAHD A OBEID/Supervisory Patent Examiner, Art Unit 3627
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