DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-21 is/are rejected under pre-AIA 35 U.S.C. 103 as being unpatentable over Sheehan, U.S. 20070011099 A1, in view of Bacastow et al., U.S. 9,159,061 B2 (filed 9/24/13).
Claim 2: A wireless mobile end-user device comprising:
a wireless radio, (see Sheehan, ¶ 7, 8 27)(wireless communications and wireless mobile devices);
a user interface, (see Sheehan, ¶ 64)(The mobile device, upon receiving the message, will interpret the link and open up a mobile web browser to the web page associated with the embedded link…On that web page will be information and input options related, directly and indirectly, to the transaction. Allowing the consumer to enter in an authorization code at that time);
a mobile payment agent including a billing agent, (see Sheehan, ¶ 53, 58)(agent number and mobile device number; For the use of virtual devices, such as enabling bill payments by interfacing with an account receivable system or billing companies, all generally referred to as Billing Provider, the Billing Provider would contract with the payment clearance system to enable the delivery of a message-based notice that would be a short version of the full bill.); and
a processor configured to:
establish a secure connection between the wireless mobile end-user device and a transaction server over a wireless network via the wireless radio, (see Sheehan, ¶ 37)(From a payment processing perspective, the various mechanisms of MIN, ESN, IMEI, SIM, RF fingerprint serve to authenticate the consumer while the authorization code is used under the electronic signature rules to authenticate, and/or authorize the transaction…. Financial settlement through the ACH network 170, internal bank transfer, and, on occasion through the merchant card acquirer, will occur over secure connections to as few financial counterparties as prudent);
communicate to the transaction server that the mobile payment agent on the wireless mobile end-user device is configured to authorize an electronic mobile commerce transaction on behalf of a device user that relies on a central billing process in which the mobile payment agent authorizes billing for the electronic mobile commerce transaction to be conducted through the central billing process on behalf of the device user when the mobile payment agent receives user approval of the electronic mobile commerce transaction, (see Sheehan, ¶ 37, 65)(From a payment processing perspective, the various mechanisms of MIN, ESN, IMEI, SIM, RF fingerprint serve to authenticate the consumer while the authorization code is used under the electronic signature rules to authenticate, and/or authorize the transaction; The above embodiments provide for various methods and systems, some of which are briefly presented herein below. An embodiment for enabling and executing secure electronic transactions between parties via fixed, non-fixed, virtual, and mobile devices through a payment clearance system serving as a central, secure information clearinghouse, transaction counterparty, and settlement agent.);
determine that the transaction server is available to perform billing through the central billing process, (see Sheehan, ¶ 29)(acknowledgement message);
in response to receiving the purchase confirmation request, provide, using the user interface, the device user with a description of the electronic mobile commerce transaction, including an amount of the electronic mobile commerce transaction, and a request to the device user for a user approval of the electronic mobile commerce transaction to be conducted through the central billing process, (see Sheehan, ¶ 28)( The request for payment message would include information regarding the transaction, such as but not limited to, the Merchant Name, the amount owed, the date the transaction is being requested, and consumer information);
after providing the request to the device user, receive the user approval of the electronic mobile commerce transaction to be conducted through the central billing process by receiving a biometric response from the device user locally on the wireless mobile end-user device, (see Sheehan, ¶ 33, 69)(Future embodiments may include voice activation authorization codes or biometric scans into the mobile device itself; The consumer of the mobile device is uniquely identified and authorized to initiate transactions through the payment clearance system via the ability to decrypt an encrypted instructions through an application residing on the mobile device); and
after receiving the user approval of the electronic mobile commerce transaction, transmit, using the mobile payment agent, a purchase confirmation to the transaction server, (see Sheehan, ¶ 29)(The payment clearance system 150 would check the received authorization against the consumer's predefined authorization code stored on a database accessible by the payment clearance system. If it matches, the payment clearance system 150 can generate and send a validation message to the merchant POS terminal 120 through the PSTN/Internet Communication Network 130, informing the merchant that the transaction has been authorized and payment will be effectuated in due course. Thereby allowing the consumer and merchant to conclude their transaction).
Sheehan fails to explicitly disclose the following features taught by Bacastow:
receive, using the mobile payment agent, a purchase confirmation request for the electronic mobile commerce transaction.
However, Bacastow discloses: “the secure payment service computing device: communicating an approval request to a mobile telephone of the consumer; after receiving an approval response from the consumer's mobile telephone… the secure payment service computing device transmitting a payment confirmation to the merchant”, (see Bacastow, Claim 1). The message received by the mobile device is considered to be a form of purchase confirmation request because an approval message is requested to be sent from the mobile device.
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine Sheehan and Bacastow. The motivation would have been to combine prior art elements according to known methods to yield predictable results. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
This motivation is applied to all claims below by reference.
Claim 12:
A method for use by a wireless mobile end-user device including a wireless radio, a user interface, a mobile payment agent having a billing agent, (see Sheehan,¶ 26)(The merchant POS terminal 120 would send a request for payment message through a cellular/PSTN/Internet Communication network 130 (or similar network, e.g. radio frequency to a payment clearance system 150) and a processor, (see Sheehan, ¶ 65)(mobile devices and the parties to effectuate the electronic transactions by receiving, processing, and transmitting instructions), the method comprising:
establishing, using the processor, a secure connection between the wireless mobile end- user device and a transaction server over a wireless network via the wireless radio, (see Sheehan, ¶ 48)(secure connection);
communicating, using the processor, to the transaction server that the mobile payment agent on the wireless mobile end-user device is configured to authorize an electronic mobile commerce transaction on behalf of a device user that relies on a central billing process in which the mobile payment agent authorizes billing for the electronic mobile commerce transaction to be conducted through the central billing process on behalf of the device user when the mobile payment agent receives user approval of the electronic mobile commerce transaction, (see Sheehan, ¶ 65 An embodiment for enabling and executing secure electronic transactions between parties via fixed, non-fixed, virtual, and mobile devices through a payment clearance system serving as a central, secure information clearinghouse, transaction counterparty, and settlement agent)(¶ 28 The payment clearance system 150 would create and/or generate an authorization message based on the request for payment message and send the authorization message through a Mobile/Internet Communications Network 160 (or similar network) to the mobile device 110 for authorization);
determining, using the processor, that the transaction server is available to perform billing through the central billing process, (see Sheehan, abstract)(The system includes an application server that when a request from a merchant device for payment by the user for a transaction is received, the application generates an authorization message and sends it to a mobile device associated to the user. The application server will further wait to receive an acknowledgement message from the mobile device and will generate a validation message and send the message to the merchant device when an acknowledgement message is received. The application server further effectuates the transfer of funds from a user financial account to a merchant bank account);
in response to receiving the purchase confirmation request, providing, using the processor and the user interface, the device user with a description of the electronic mobile commerce transaction, including an amount of the electronic mobile commerce transaction, and a request to the device user for a user approval of the electronic mobile commerce transaction to be conducted through the central billing process, (see Sheehan, ¶ 74)(A new message is sent to the mobile device identifying the merchant or organization, the dollar amount and a request for confirmation);
after providing the request to the device user, receiving, using the processor, the user approval of the electronic mobile commerce transaction to be conducted through the central billing process by receiving a biometric response from the device user locally on the wireless mobile end-user device, (see Sheehan, ¶ 67)(An embodiment in accordance with any of the above where the consumer of the mobile device is uniquely identified via a previously establish, securely stored password or authorization code, which may be alphabetic, numeric or alphanumeric, voice recognition, or thumb print recognition within the computer application.); and
after receiving the user approval of the electronic mobile commerce transaction, transmitting, using the processor and the mobile payment agent, a purchase confirmation to the transaction server, (see Sheehan, ¶ 57)(receiving confirmation of payment, which will be accomplished by the payment clearance system sending a message).
Sheehan fails to explicitly disclose the following features taught by Bacastow:
receive, using the mobile payment agent, a purchase confirmation request for the electronic mobile commerce transaction.
However, Bacastow discloses: “the secure payment service computing device: communicating an approval request to a mobile telephone of the consumer; after receiving an approval response from the consumer's mobile telephone… the secure payment service computing device transmitting a payment confirmation to the merchant”, (see Bacastow, Claim 1). The message received by the mobile device is considered to be a form of purchase confirmation request because an approval message is requested to be sent from the mobile device.
Claim 13 (New): The method of claim 12, wherein the mobile payment agent is used provide the user with the description of the electronic mobile commerce transaction, including the amount of the electronic mobile commerce transaction, (see Sheehan, ¶ 74)(dollar amount).
Claim 14 (New): The method of claim 12, wherein the mobile payment agent is used to request the user approval of the electronic mobile commerce transaction to be conducted through the central billing process, (see Sheehan, ¶ 65)(An embodiment for enabling and executing secure electronic transactions between parties via fixed, non-fixed, virtual, and mobile devices through a payment clearance system serving as a central, secure information clearinghouse, transaction counterparty, and settlement agent).
Claim 15 (New): The method of claim 12, wherein the mobile payment agent is used to receive the user approval of the electronic mobile commerce transaction to be conducted through the central billing process, (see Sheehan, ¶ 65, 67).
Claim 16 (New): The method of claim 12, further comprising: upon receiving the purchase confirmation request, confirming, using the processor and the mobile payment agent, that a user account has a sufficient credit limit to make a purchase, (see Sheehan, ¶ 73)(insufficient funds).
Claim 17 (New): The method of claim 12, further comprising:
establishing, using the processor, the secure connection between the wireless mobile end- user device and the transaction server by exchanging keys or certificates, (see Sheehan, ¶ 37)(From a data perspective, all the account and user information preferably occurs with secure protocols and algorithms and data is then further encrypted in a database server, defined by the payment clearance system 150).
Claim 18 (New): The method of claim 12, wherein the secure connection between the wireless mobile end-user device and the transaction server includes header information or signed message transactions, (see Sheehan, ¶ 39)(The authorization message will contain a standard set of information including but not limited to (1) a "From" header with the name of the payment clearance system, (2) the name of merchant requesting payment in the body of the message (the merchant name may also be a mobile device number or alias of another mobile user for consumer-to-consumer payments, or it may be an established acronym of the merchant); (3) the amount due in dollars and cents; (4) the date and time; (5) a salutation (optional); and/or (6) order or tracking number (optional)).
Claim 19 (New): The method of claim 12, wherein the secure connection between the wireless mobile end-user device and the transaction server includes a token corresponding to the electronic mobile commerce transaction, (see Sheehan, ¶ 37)(all the account and user information preferably occurs with secure protocols and algorithms and data is then further encrypted in a database server, defined by the payment clearance system 150. From a payment processing perspective, the various mechanisms of MIN, ESN, IMEI, SIM, RF fingerprint serve to authenticate the consumer while the authorization code is used under the electronic signature rules to authenticate, and/or authorize the transaction. From a security perspective, at no point does any personal financial or security data ever get transmitted again. Even access to it can be limited to a few administrators. All service and reporting will be performed off of sanitized and truncated data. Financial settlement through the ACH network 170, internal bank transfer, and, on occasion through the merchant card acquirer, will occur over secure connections).
Claim 20 (New): The method of claim 12, wherein the mobile payment agent further comprises an application interface that receives the purchase confirmation request for the electronic mobile commerce transaction using a web browser application, (see Sheehan, ¶ 64)(In addition to the methods already described a consumer may conduct a transaction via his mobile device by payment authorization via a Mobile Web. The transaction may be conducted by the following steps: (1) An message containing transaction information and instructions is sent over a Signaling System 7 ("SS7") or SMS network; (2) Included in that message, along with transaction information, is an embedded http link, e.g., http://mpayy.com; (3) Included in this link will be a range of additional data including but not limited to, e.g., authentication credentials, reward points, coupon discounts; (4) The mobile device, upon receiving the message, will interpret the link and open up a mobile web browser to the web page associated with the embedded link).
Claim 21 (New): The method of claim 12, wherein the mobile payment agent further comprises an application interface that authorizes electronic mobile commerce transactions using a web browser application, (see Sheehan, ¶ 64)(In addition to the methods already described a consumer may conduct a transaction via his mobile device by payment authorization via a Mobile Web. The transaction may be conducted by the following steps: (1) An message containing transaction information and instructions is sent over a Signaling System 7 ("SS7") or SMS network; (2) Included in that message, along with transaction information, is an embedded http link, e.g., http://mpayy.com; (3) Included in this link will be a range of additional data including but not limited to, e.g., authentication credentials, reward points, coupon discounts; (4) The mobile device, upon receiving the message, will interpret the link and open up a mobile web browser to the web page associated with the embedded link)..
As per claims 3-11, these claims contain the same or similar features as claims 2 and 12-21 rejected above, and therefore the above rejections are applied against the remaining claims herein by reference.
Response to Arguments
Applicant's arguments filed 2/23/26 have been fully considered but they are not persuasive.
Applicant argues:
Sheehan does not disclose, teach, or suggest a billing logic executing on the mobile device. Bacastow likewise places payment processing in a secure payment service computing device, not in a billing agent on the phone. Thus, neither Sheehan nor Bacastow discloses, teaches, or suggest the claimed mobile device-resident billing agent.
Independent claims 2 and 12 recite the following: an electronic mobile commerce transaction on behalf of a device user that relies on a central billing process, electronic mobile commerce transaction to be conducted through the central billing process, perform billing through the central billing process, user approval of the electronic mobile commerce transaction to be conducted through the central billing process, the electronic mobile commerce transaction to be conducted through the central billing process by receiving a biometric response. Applicant argues that billing logic and other limitations are only performed on a mobile device-resident billing agent, but the claims, like Sheehan and Bacastow, recite the incorporation and use of a central server multiple times.
The mobile phone in Bacastow does not host a billing agent, does not execute a confirmation workflow, and does not receive a purchase confirmation request via a mobile payment agent, but merely acts as an authentication endpoint. An approval request sent to a phone is not the same as a purchase confirmation request received and processed by a mobile payment agent.
Independent claims 2 and 12 recite the following: an electronic mobile commerce transaction on behalf of a device user that relies on a central billing process, electronic mobile commerce transaction to be conducted through the central billing process, perform billing through the central billing process, user approval of the electronic mobile commerce transaction to be conducted through the central billing process, the electronic mobile commerce transaction to be conducted through the central billing process by receiving a biometric response. Applicant argues that billing logic and other limitations are only performed on a hosted billing agent, but the claims, like Sheehan and Bacastow, recite the incorporation and use of a central server multiple times.
Sheehan does not disclose, teach, or suggest an implemented biometric transaction authorization workflow integrated into a mobile payment agent in a wireless mobile end-user device.
Independent claims 2 and 12 recite the following: an electronic mobile commerce transaction on behalf of a device user that relies on a central billing process, electronic mobile commerce transaction to be conducted through the central billing process, perform billing through the central billing process, user approval of the electronic mobile commerce transaction to be conducted through the central billing process, the electronic mobile commerce transaction to be conducted through the central billing process by receiving a biometric response. Applicant argues that billing logic and other limitations are only performed on a mobile payment agent in a wireless mobile end-user device, but the claims, like Sheehan and Bacastow, recite the incorporation and use of a central server multiple times.
Sheehan instead discloses backend transmission by a clearance system. Bacastow likewise transmits confirmation from the server. As such, neither Sheehan nor Bacastow discloses, teaches, or suggests device-side transmission by a mobile payment agent, or "transmit, using the mobile payment agent, a purchase confirmation to the transaction server," as recited by independent claim 2.
Independent claims 2 and 12 recite the following: an electronic mobile commerce transaction on behalf of a device user that relies on a central billing process, electronic mobile commerce transaction to be conducted through the central billing process, perform billing through the central billing process, user approval of the electronic mobile commerce transaction to be conducted through the central billing process, the electronic mobile commerce transaction to be conducted through the central billing process by receiving a biometric response. Applicant argues that billing logic and other limitations are only performed via a device-side transmission by a mobile payment agent, or "transmit, using the mobile payment agent, but the claims, like Sheehan and Bacastow, recite the incorporation and use of a central server multiple times.
One of ordinary skill in the art would not have combined Sheehan and Bacastow. Neither Sheehan nor Bacastow discloses, teaches, or suggests this redistribution of core transaction control. As such, the rejection relies on hindsight reconstruction.
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the features of Alder and Morris because of the following findings of fact:
F. Known Work in One Field of Endeavor May Prompt Variations of It for Use in Either the Same Field or a Different One Based on Design Incentives or Other Market Forces if the Variations Are Predictable to One of Ordinary Skill in the Art
(1) the scope and content of the prior art in the same field of endeavor as that of the applicant’s invention include a similar or analogous device (method, or product), i.e. Accounting or billing;
(2) there were design incentives or market forces which would have prompted adaptation of the known device (method, or product), (see Sheehan, ¶ 6)(There is, therefore, a need for improvements over the prior art by improving convenience, speed, security, effectiveness, and cost of the transaction. The present invention preferably through various embodiments uses a payment clearance system running one or more software applications to generate payment instructions sent to a mobile device associated to the consumer, who must then authorize the transaction and send the authorization back to the payment clearance system.);
(3) the differences between the claimed invention and the prior art were encompassed in known variations or in a principle known in the prior art;
(4) one of ordinary skill in the art, in view of the identified design incentives or other market forces, could have implemented the claimed variation of the prior art, and the claimed variation would have been predictable to one of ordinary skill in the art.
The reasoning, rationale and references, i.e. Sheehan, discussed in responses to arguments provided Examiner’s Answer filed 9/23/25 is herein incorporated by reference.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUSSELL S GLASS whose telephone number is (571)272-7285. The examiner can normally be reached weekdays between 10 and 6PM.
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/RUSSELL S GLASS/Primary Examiner, Art Unit 3627
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