Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ethington (US 10552810 B1), and further in view of Guavin (US20140046841A1).
Regarding claims 1, 10 and 17, Ethington discloses a memory (abstract: A mobile device with a processor and memory containing instructions to execute the method is also disclosed.);
at least one processor coupled to the memory and configured to (abstract: A mobile device with a processor and memory containing instructions to execute the method is also disclosed.):
receive, by an document upload application on a mobile device, a front image of the document and a back image of the document (col 3, lines 55-61: The user 102 may deposit the check 108 into account 160 by making a digital image of the check 108 and sending the image file containing the digital image to financial institution 130. For example, after endorsing the check 108, the user 102 may use a mobile device 106 that comprises a camera to convert the check 108 into a digital image by taking a picture of the front and/or back of the check 108.);
transmit, by the mobile device to a backend system, the front image of the document and the back image of the document, wherein the front image comprises a numerical text (col 18, lines 51-63: In one embodiment, the virtual endorsement added to the check may be added only as a metadata file that is kept with the back of the check and not applied as a physical change to the image of the back of the check. In other embodiments, the endorsement and associated information may be directly applied to the image to change the image of the back of the check. As a mechanism for further associating the front of the check with the back of the check, the virtual endorsement may include a signature a line 1110 including the endorsement signature of the depositor, but also an account number of the desired account into which the deposit is directed 1112, as well as a deposit amount, date of deposit, and time of deposit 1114.
Claim 7: determining an amount payable on the image of the financial instrument) and the back image of the document comprises a predefined endorsement zone including a first predefined zone and a second predefined zone ("col 3, lines 55-61: The user 102 may deposit the check 108 into account 160 by making a digital image of the check 108 and sending the image file containing the digital image to financial institution 130. For example, after endorsing the check 108, the user 102 may use a mobile device 106 that comprises a camera to convert the check 108 into a digital image by taking a picture of the front and/or back of the check 108.
col 18, lines 34-44: The endorsement screen 1102 that may provide a space to accept a stylus input, touch input, or other input in a signature block to then take a scanned back of a check 1104 and overlay that scanned back of a check 1104 with an electronic version of the signature for the user that is either stored on the tablet computer 802 (and retrieved via use of a stylus or other input into the signature area), or that is actually translated from the input area on the screen 1102 to an endorsement template 1106 associated with the back of the check 1104 to result in a virtually endorsed check 1108. ");
extract, from the predefined endorsement zone, expected endorsement text comprising text associated with a user of the mobile device and text associated with the backend system (figs. 8a-8b),
wherein the text associated with the user of the mobile device is extracted from the first predefined zone and the text associated with the backend system is extracted from the second predefined zone ("col 3, lines 55-65: The user 102 may deposit the check 108 into account 160 by making a digital image of the check 108 and sending the image file containing the digital image to financial institution 130. For example, after endorsing the check 108, the user 102 may use a mobile device 106 that comprises a camera to convert the check 108 into a digital image by taking a picture of the front and/or back of the check 108. The mobile device 106 may be a mobile phone (also known as a wireless phone or a cellular phone), a personal digital assistant (PDA), or any handheld computing device, for example.
col 15, lines 4-12: The bottom portion of the expected check is sent to a magnetic ink character recognition (MICR) adapter 814 on the remote server 812 which can process the bottom portion of the document that is expected to contain the MICR line of a check and extract information that can then be sent to a read MICR web service 816 for verification that there is indeed MICR information in the portion of the check that has been processed by the MICR adapter 814, and to verify other aspects of the transaction.");
determining, responsive to applying a validation rule to the numerical text, required endorsement text for the predefined endorsement zone (col 19, lines 1-11: Although a virtual endorsement may be convenient for a user over having to individually sign the back of each check, a limit may be placed on depositors as to the dollar amount of checks for which a virtual endorsement may be accepted. For example, in one implementation if the dollar amount is less than or equal to $250, then the virtual endorsement module 820 may permit use of a virtual endorsement in place of a written signature on the check itself. For amounts greater than $250, the virtual endorsement module may prevent usage of a virtual endorsement and require that the depositor sign the checks.);
displaying, by the document upload application on the mobile device (col 10, lines 30-38: In an implementation, these operations may include any of the operations described herein with respect to the check processing module 454 of FIG. 4. The operation of signature verification may be performed by the check processing module 574 of the server apparatus 570 as the server apparatus 570 may interface with other systems of the depository 204 that may maintain previously verified signature samples of the user 102.).
In a similar field of endeavor of check processing, Gauvin teaches based on the expected endorsement text not matching the required endorsement text ("[0073] The fraud detection analysis may include comparing the signature of the drawer on the negotiable instrument to a signature file associated with an account number on the negotiable instrument. The signature of the drawer on the negotiable instrument may be compared to a signature obtained when opening an account.
[0074] For example, the transaction record may include a signature of the drawer. Upon receipt of the transaction record, the drawee may compare the signature of drawer in the transaction record to a known signature used by the drawer to authorize a past transaction. The fraud detection analysis may include consideration of a variability of a handwritten signature and a possibility of multiple signatures/signatories on a check.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the known system of remote check depositing, disclosed by Ethington, with the known methods of comparing a human signature to a signature with a human’s bank account number, as taught by Gauvin, in order to yield the predictable results of accurate signaturing matching to prevent a fraudulent user from accessing someone else’s bank information.
Regarding claims 2, 11 and 18, Ethington discloses wherein the validation rule defines a validation requirement defining the required endorsement text comprising the text associated with the user of the mobile device and the text associated with the backend system may comprise a non-null value (col 10, lines 30-38: The operation of signature verification may be performed by the check processing module 574 of the server apparatus 570 as the server apparatus 570 may interface with other systems of the depository 204 that may maintain previously verified signature samples of the user 102.
col 19, lines 1-13: Although a virtual endorsement may be convenient for a user over having to individually sign the back of each check, a limit may be placed on depositors as to the dollar amount of checks for which a virtual endorsement may be accepted. For example, in one implementation if the dollar amount is less than or equal to $250, then the virtual endorsement module 820 may permit use of a virtual endorsement in place of a written signature on the check itself. For amounts greater than $250, the virtual endorsement module may prevent usage of a virtual endorsement and require that the depositor sign the checks. The $250 amount is arbitrary and any of a number of thresholds may be set based on individual or institutional parameters.
col 19, lines 14-25: In yet another embodiment, the virtual endorsement module may, in cooperation with information from the front and back of the original check, determine if a signature has been recognized on the back of the check such that the virtual endorsement module will require a depositor to sign the check if no signature is detected. Alternatively, the virtual endorsement module 820 executed on the processor of the tablet computer 802 may alternatively detect an endorsement on a back of a check and append, in a different location, a virtual endorsement, or information such as that shown in the virtually endorsed check 1108 in FIG. 11, in another area of the check that does not obscure the handwritten signature.").
Regarding claims 3, 12, and 19, Ethington discloses extracting, from the first predefined zone in the front image of the document, the numerical text, wherein the validation requirement requires the non-null value for the endorsement text when the numerical text is greater than the threshold value (claim 7: The method of claim 1, further comprising: determining an amount payable on the image of the financial instrument; comparing the determined amount payable with a threshold amount; and in response to the determined amount payable being greater than the threshold amount, communicating to the display of the mobile device a user-readable request for a signature endorsed version of the financial instrument.).
Regarding claims 4 and 13, Ethington discloses wherein the text associated with the user comprises a signature and the text associated with the backend system is a predefined phrase ("col 15, lines 37-50: As is currently required by the Check21 rules (The Check Clearing for the 21.sup.st Century Act), both a front and a back of a check must be scanned in using this process. As noted in FIGS. 8A-B, the typical handwritten endorsement usually provided by depositors may be replaced with, or supplemented by, a virtual endorsement generated on the back of the check by the tablet computer 802. In one embodiment, a virtual endorsement via the virtual endorsement module 820, or the standard written endorsement may be used on the checks 804 so that the check image can be sent, along with the account information provided by the user through the tablet computer 802, to the financial institution for processing via a remote deposit application 822 associated with the user's financial institution.
col 18, lines 51-67: In one embodiment, the virtual endorsement added to the check may be added only as a metadata file that is kept with the back of the check and not applied as a physical change to the image of the back of the check. In other embodiments, the endorsement and associated information may be directly applied to the image to change the image of the back of the check. As a mechanism for further associating the front of the check with the back of the check, the virtual endorsement may include a signature a line 1110 including the endorsement signature of the depositor, but also an account number of the desired account into which the deposit is directed 1112, as well as a deposit amount, date of deposit, and time of deposit 1114. In other embodiments, any of a number of additional pieces of information, such as GPS location of depositor at the time of deposit, name of depositor, and so on, may be used in addition to or interchangeably with the other data noted in FIG. 11." (endorsement signature can be the predefined phrase)).
Regarding claims 5 and 14, Ethington discloses extracting, from the second predefined endorsement zone, the numerical text, wherein the expected endorsement text is extracted from the predefined endorsement zone responsive to the numerical text greater than a threshold value ("col 15, lines 24-36: After the identification of the check, and subsequent verification that the check is a valid check with a valid MICR number, the application running on the tablet computer 802 may then query the user to select an account in which to deposit the check. This process of hovering over the check, capture an image of a document once a document is identified, where a portion of the document is sent to a remote server to verify that it has a MICR line and that it is there for a check, may be repeated individually for each of the checks 804 at the user location or may be embodied as a process where the data/image from all the checks 804 is first individually scanned in and then sent all at once to the servers 812, 818 for processing.
col 19, lines 1-13: Although a virtual endorsement may be convenient for a user over having to individually sign the back of each check, a limit may be placed on depositors as to the dollar amount of checks for which a virtual endorsement may be accepted. For example, in one implementation if the dollar amount is less than or equal to $250, then the virtual endorsement module 820 may permit use of a virtual endorsement in place of a written signature on the check itself. For amounts greater than $250, the virtual endorsement module may prevent usage of a virtual endorsement and require that the depositor sign the checks. The $250 amount is arbitrary and any of a number of thresholds may be set based on individual or institutional parameters.").
Regarding claims 6 and 15, Ethington discloses wherein the second predefined endorsement zone is associated with a monetary amount and the threshold value is a numerical amount retrieved from the backend system (col 19, lines 1-13: Although a virtual endorsement may be convenient for a user over having to individually sign the back of each check, a limit may be placed on depositors as to the dollar amount of checks for which a virtual endorsement may be accepted. For example, in one implementation if the dollar amount is less than or equal to $250, then the virtual endorsement module 820 may permit use of a virtual endorsement in place of a written signature on the check itself. For amounts greater than $250, the virtual endorsement module may prevent usage of a virtual endorsement and require that the depositor sign the checks. The $250 amount is arbitrary and any of a number of thresholds may be set based on individual or institutional parameters.).
Regarding claims 7 and 16, Ethington discloses receiving, based on the user prompt, an instruction to populate the predefined endorsement zone with the text associated with the user and the text associated with the backend system (col 18, lines 51-63: the virtual endorsement added to the check may be added only as a metadata file that is kept with the back of the check and not applied as a physical change to the image of the back of the check. In other embodiments, the endorsement and associated information may be directly applied to the image to change the image of the back of the check. As a mechanism for further associating the front of the check with the back of the check, the virtual endorsement may include a signature a line 1110 including the endorsement signature of the depositor, but also an account number of the desired account into which the deposit is directed 1112, as well as a deposit amount, date of deposit, and time of deposit 1114.); and
merging the text associated with the user and the text associated with the backend system with the back image of the document to create a merged back image (col 18, lines 25-30: Referring again to the system architecture diagram of FIGS. 8A-B, a virtual endorsement module 820 for providing a virtual endorsement to the back of a check is illustrated as part of the feature set available on the tablet computer application.
Fig. 11).
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Regarding claims 8, Ethington discloses transmitting, from the mobile device to the backend system, the merged back image (col 15, lines 28-36: his process of hovering over the check, capture an image of a document once a document is identified, where a portion of the document is sent to a remote server to verify that it has a MICR line and that it is there for a check, may be repeated individually for each of the checks 804 at the user location or may be embodied as a process where the data/image from all the checks 804 is first individually scanned in and then sent all at once to the servers 812, 818 for processing.).
Regarding claims 9, Ethington discloses receiving, from a touchscreen display of the mobile device, at least one of the text associated with the user is and the text associated with the backend system is to be received via the mobile device ("fig. 11 and col 18, lines 29-43: FIG. 11 provides one example of a virtual endorsement process. The virtual endorsement module 820 may work with images already captured through the hover capture process described above and present the user, via the display 806 of the tablet computer 802, with an endorsement screen 1102. The endorsement screen 1102 that may provide a space to accept a stylus input, touch input, or other input in a signature block to then take a scanned back of a check 1104 and overlay that scanned back of a check 1104 with an electronic version of the signature for the user that is either stored on the tablet computer 802 (and retrieved via use of a stylus or other input into the signature area), or that is actually translated from the input area on the screen 1102 to an endorsement template 1106 associated with the back of the check 1104 to result in a virtually endorsed check 1108. ").
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ethington (US 10552810 B1), in view of Guavin (US20140046841A1), and further in view of Ganeshmani (US 20210243010 A1).
Regarding claim 21, Ethington discloses merging the text associated with the user and the text associated with the backend system with the back image of the document (fig. 11 and col 18, lines 57-63: As a mechanism for further associating the front of the check with the back of the check, the virtual endorsement may include a signature a line 1110 including the endorsement signature of the depositor, but also an account number of the desired account into which the deposit is directed 1112, as well as a deposit amount, date of deposit, and time of deposit 1114.).
Ethington and Guavin do not explicitly disclose but in a similar field of endeavor of smart contracts, Ganeshmani teaches incorporating a private key representative of the text associated with the user and the text associated with the backend system ([0028] Encryption keys also may be electronic or digital signatures comprising a cryptographic mechanism to identify the owners of the signatures.
[0032] The cryptographic signature may be generated using a private key of the workflow step performer.), into a binary format of the back image of the document into a binary format of the back image of the document ([0060] The blockchain transaction may comprise a cryptographic signature of the workflow step performer by whom the blockchain transaction was executed. The workflow identification number, the workflow step identification number, the location, the time, the data, and/or the status may be stored in the data fields as alphanumeric strings and/or binary data.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the known system of remote check depositing by comparing a human signature to a signature with a human’s bank account number, disclosed by Ethington and Guavin, with the known methods of signature encryption with private keys, as taught by Ganeshmani, in order to yield the predictable results of generating a private key for a signature in order to prevent attacks and to provide a workflow system that is not vulnerable to tampering by malicious parties.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 10 and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Upon further consideration, a new ground(s) of rejection is made in view of Gauvin (US 20140046841 A1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20170309108 A1 with regards to claim 1: [0167] Go to step COMPARE2 937 [0168] COMPARE2 937 [0169] Compare OCR values (sections 3, 5) retrieved value to value 939. [0170] If match 944 [0171] Go to COMPARE3 945 [0172] If no match 940 [0173] Display message ‘Probability of altered item’ 941 [0174] COMPARE3 945 [0175] digits, hand written values and signatures from originally issued item and validated item should be compared as image to image (similar to signature comparison). 947 [0176] If match 952 [0177] Display message ‘Item is authentic’ 953 [0178] Print confirmation 955. [0179] If no match 948 Display message ‘Probability of altered item’ 949.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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 AHMED A NASHER whose telephone number is (571)272-1885. The examiner can normally be reached Mon - Fri 0800 - 1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Moyer can be reached at (571) 272-9523. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED A NASHER/Examiner, Art Unit 2675
/ANDREW M MOYER/Supervisory Patent Examiner, Art Unit 2675
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