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 .
DETAILED ACTION
1. This office action is responsive to amendment filed on 12/11/2025. Claims 22-41 are pending examination.
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 22, 29, 36, and 39 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 22, 29, 36, and 39 of U.S. Patent No. 17855956. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same subject matter, perform similar method steps and a person of ordinary skill in the art would not be free to practice one of the claimed inventions without infringing upon the other inventions.
Application number: 1815575322. A method for using a payment session token which is produced at a payment account system and can be recognized by a payment gateway system for completing a purchase transaction with voucher redemption at a merchant invoicing system to make checkout process efficient and secure, the method comprising:generating, by the payment account system, a data packet comprising a payment session token associated with a payment account;receiving, by the merchant invoicing system, the data packet comprising the payment session token from the payment account system;sending, by the merchant invoicing system, information comprising the payment session token and a bill balance to the payment gateway system;identifying, by the payment gateway system, the payment account system according to the payment session token;sending, by the payment gateway system, information comprising the payment session token to the payment account system;matching, by the payment account system, the payment account according to the payment session token;sending, by the payment account system, information comprising the payment account information and at least one piece of voucher information to the payment gateway system;Redeeming the voucher(s) and processing a payment of the rest of the bill for the purchase transaction according to the information comprising the payment account information,by the payment gateway system; andsending, by the payment gateway system, information comprising a payment completion notice to the payment account system and the merchant invoicing system.
Application number: 1785595622. A method for using a payment session token which is produced at a payment account system and can be recognized by a payment gateway system for completing a purchase transaction at a merchant invoicing system to make any mobile app with a payment account can be used as a mobile wallet, the method comprising:generating, by the payment account system, a data packet comprising a payment session token associated with a payment account;receiving, by the merchant invoicing system, the data packet comprising the payment session token from the payment account system;sending, by the merchant invoicing system, information comprising the payment session token and an invoice balance to the payment gateway system;identifying, by the payment gateway system, the payment account system according to the payment session token;sending, by the payment gateway system, information comprising the payment session token to the payment account system;matching, by the payment account system, the payment account according to the payment session token;sending, by the payment account system, information comprising the payment account information to the payment gateway system;processing, by the payment gateway system, payment for the purchase transaction according to the information comprising the payment account information and the invoice balance; andsending, by the payment gateway system, information comprising a payment completion notice to the payment account system and the merchant invoicing system.
29. A system, using a payment session token which is produced at a payment account system and can be recognized by a payment gateway system for completing a purchase transaction with voucher redemption at a merchant invoicing system, the system comprising of some subsystems:a payment account system;a merchant invoicing system; a payment gateway system; and software programs; wherein the programs are configured to execute the instructions to perform operations comprising:generating, by the payment account system, a data packet comprising a payment session token associated with a payment account;receiving, by the merchant invoicing system, the data packet comprising the payment session token from the payment account system;sending, by the merchant invoicing system, information comprising the payment session token and a bill balance to the payment gateway system;identifying, by the payment gateway system, the payment account system according to the payment session token;sending, by the payment gateway system, information comprising the payment session token to the payment account system;matching, by the payment account system, the payment account according to the payment session token;sending, by the payment account system, information comprising the payment account information and at least one piece of voucher information to the payment gateway system;Redeeming the voucher(s) and processing a payment of the rest of the bill for the purchase transaction according to the information comprising the payment account information, by the payment gateway system; andsending, by the payment gateway system, information comprising a payment completion notice to the payment account system and the merchant invoicing system.
29. A system, using a payment session token which is produced at a payment account system and can be recognized by a payment gateway system for completing a purchase transaction at a merchant invoicing system, the system comprising of some subsystems:a payment account system;a merchant invoicing system;a payment gateway system;and software programs; wherein the programs are configured to execute the instructions to perform operations comprising:generating, by the payment account system, a data packet comprising a payment session token associated with a payment account; receiving, by the merchant invoicing system, the data packet comprising the payment session token from the payment account system; sending, by the merchant invoicing system, information comprising the payment session token and an invoice balance to the payment gateway system; identifying, by the payment gateway system, the payment account system according to the payment session token; sending, by the payment gateway system, information comprising the payment session token to the payment account system; matching, by the payment account system, the payment account according to the payment session token;sending, by the payment account system, information comprising the payment account information to the payment gateway system; processing, by the payment gateway system, payment for the purchase transaction according to the information comprising the payment account information and the invoice balance; and sending, by the payment gateway system, information comprising a payment completion notice to the payment account system and the merchant invoicing system.
36. A payment account system, operable to execute a mobile payment with voucher redemption, in collaboration with a payment gateway system and a merchant invoicing system, the payment account system comprising:a mobile phone;a payment account management server;and software programs, wherein the programs are configured to be executed by the mobile phone and payment account management server, the programs including:instructions for generating a data packet comprising a payment session token,associated with a payment account;instructions for transmitting, to the merchant invoicing system, the data packet comprising the payment session token; instructions for receiving, from the payment gateway system, information comprising the payment session token; instructions for matching the payment account according to the payment session token;instructions for transmitting, to the gateway system, information comprising the payment account information and at least one piece of voucher information; and instructions for receiving, from the payment gateway system, information comprising a payment completion notice.
36. A payment account system, operable to execute a mobile payment in collaboration with a payment gateway system and a merchant invoicing system, the payment account system comprising:a mobile phone;a payment account management server;and software programs, wherein the programs are configured to be executed by the mobile phone and payment account management server, the programs including:instructions for generating a data packet comprising a payment session token,associated with a payment account;instructions for transmitting, to the merchant invoicing system, the data packet comprising the payment session token;instructions for receiving, from the payment gateway system, information comprising the payment session token;instructions for matching the payment account according to the payment session token;instructions for transmitting, to the gateway system, information comprising the payment account information; andinstructions for receiving, from the payment gateway system, information comprising a payment completion notice.
39. (New) A payment gateway system, operable to execute a mobile payment with voucher redemption, in collaboration with a merchant invoicing system and a payment account system, the payment gateway system comprising:a communication port;a processor;a memory;and software programs, wherein the programs are stored in the memory and configured to be executed by the processor, the programs including:Instructions for receiving, from the merchant invoicing system, information comprising a payment session token and a bill balance;Instructions for identifying the payment account system according to the payment session token;Instructions for transmitting, to the payment account system, information comprising the payment session token; Instructions for receiving, from the payment account system, information comprising a payment account information and at least one piece of voucher information; Instructions for redeeming the voucher(s) and processing a payment of the rest of the bill according to the information comprising the payment account information; Instructions for transmitting, to the payment account system and the merchant invoicing system, information comprising a payment completion notice.
39. (New) A payment gateway system, operable to execute a mobile payment, in collaboration with a merchant invoicing system and a payment account system, the payment gateway system comprising:a communication port;a processor;a memory;and software programs, wherein the programs are stored in the memory and configured to be executed by the processor, the programs including:Instructions for receiving, from the merchant invoicing system, information comprising a payment session token and an invoice balance; Instructions for identifying the payment account system according to the payment session token;Instructions for transmitting, to the payment account system, information comprising the payment session token; Instructions for receiving, from the payment account system, information comprising a payment account information; Instructions for processing a payment according to the information comprising the payment account information and the invoice balance;Instructions for transmitting, to the payment account system and the merchant invoicing system, information comprising a payment completion notice.
As to the independent claims:
Instant claim 23 is full disclosed in claim 23 of the copending application.
Instant claim 24 is full disclosed in claim 24 of the copending application.
Instant claim 25 is full disclosed in claim 25 of the copending application.
Instant claim 26 is full disclosed in claim 26 of the copending application.
Instant claim 27 is full disclosed in claim 27 of the copending application.
Instant claim 28 is full disclosed in claim 28 of the copending application.
Instant claim 30 is full disclosed in claim 30 of the copending application.
Instant claim 31 is full disclosed in claim 31 of the copending application.
Instant claim 32 is full disclosed in claim 32 of the copending application.
Instant claim 33 is full disclosed in claim 33 of the copending application.
Instant claim 34 is full disclosed in claim 34 of the copending application.
Instant claim 35 is full disclosed in claim 35 of the copending application
Instant claim 37 is full disclosed in claim 37 of the copending application.
Instant claim 38 is full disclosed in claim 38 of the copending application.
Instant claim 40 is full disclosed in claim 40 of the copending application.
Instant claim 41 is full disclosed in claim 41 of the copending application.
It would have been obvious to one having ordinary skill in the art to make the changes above in order to cover slightly broader limitations. Furthermore, the claimed elements perform the same function as before.
Claim Objections
3. Claims 13-19 are objected to because of the following informalities: Claims submitted on 12/11/2025 is an arguments and does not have any claims listed. Arguments should be submitted in an application arguments form not the claim form. Appropriate correction is required.
Claim Rejections - 35 USC § 101
4. 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 22-41 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 22 is/are drawn to method (i.e., a process), claim(s) 29, 36, and 39 is/are drawn to a system (i.e., a machine/manufacture). As such, claims 22, 29, 36, and 39 is/are drawn to one of the statutory categories of invention.
Claims 22-41 are directed to executing in-store payments using a third-party mobile wallet with payment session token which is produced at a payment account system with a payment gateway system for completing a purchase transaction at a merchant invoicing system. Specifically, claim(s) 22, 29, 36, and 39 recite(s) generating, a data packet comprising a payment session token associated with a payment account; receiving, the data packet comprising the payment session token from the payment account; sending, information comprising the payment session token and a bill balance to the payment; identifying, the payment account according to the payment session token; sending, information comprising the payment session token to the payment account; matching, the payment account according to the payment session token; sending, information comprising the payment account information and at least one piece of voucher information to the payment; redeeming the voucher(s) and processing a payment of the rest of the bill for the purchase transaction according to the information comprising the payment account information; and sending, information comprising a payment completion notice to the payment account and the merchant invoicing, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, grouped as following:
generating, a data packet comprising a payment session token associated with a payment account; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
receiving, the data packet comprising the payment session token from the payment account; sending, information comprising the payment session token and a bill balance to the payment; identifying, the payment account according to the payment session token; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
sending, information comprising the payment session token to the payment account; matching, the payment account according to the payment session token; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
sending, information comprising the payment account information and at least one piece of voucher information to the payment; redeeming the voucher(s) and processing a payment of the rest of the bill for the purchase transaction according to the information comprising the payment account information; and which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
sending, information comprising a payment completion notice to the payment account and the merchant invoicing; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as system, payment account system, payment gateway system, merchant invoicing system, mobile phone, payment account management server, payment account management server, memory, processor, communication port, computer merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the system, payment account system, payment gateway system, merchant invoicing system, mobile phone, payment account management server, payment account management server, memory, processor, communication port, computer perform(s) the steps or functions of generating, a data packet comprising a payment session token associated with a payment account; receiving, the data packet comprising the payment session token from the payment account; sending, information comprising the payment session token and a bill balance to the payment; identifying, the payment account according to the payment session token; sending, information comprising the payment session token to the payment account; matching, the payment account according to the payment session token; sending, information comprising the payment account information and at least one piece of voucher information to the payment; redeeming the voucher(s) and processing a payment of the rest of the bill for the purchase transaction according to the information comprising the payment account information; and sending, information comprising a payment completion notice to the payment account and the merchant invoicing. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a system, payment account system, payment gateway system, merchant invoicing system, mobile phone, payment account management server, payment account management server, memory, processor, communication port, computer to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of executing in-store payments using a third-party mobile wallet with payment session token which is produced at a payment account system with a payment gateway system for completing a purchase transaction at a merchant invoicing system. As discussed above, taking the claim elements separately, the system, payment account system, payment gateway system, merchant invoicing system, mobile phone, payment account management server, payment account management server, memory, processor, communication port, computer perform(s) the steps or functions of generating, a data packet comprising a payment session token associated with a payment account; receiving, the data packet comprising the payment session token from the payment account; sending, information comprising the payment session token and a bill balance to the payment; identifying, the payment account according to the payment session token; sending, information comprising the payment session token to the payment account; matching, the payment account according to the payment session token; sending, information comprising the payment account information and at least one piece of voucher information to the payment; redeeming the voucher(s) and processing a payment of the rest of the bill for the purchase transaction according to the information comprising the payment account information; and sending, information comprising a payment completion notice to the payment account and the merchant invoicing. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of executing in-store payments using a third-party mobile wallet with payment session token which is produced at a payment account system with a payment gateway system for completing a purchase transaction at a merchant invoicing system. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 23-28, 30-35, 37-38, and 40-41 further describe the abstract idea of executing in-store payments using a third-party mobile wallet with payment session token which is produced at a payment account system with a payment gateway system for completing a purchase transaction at a merchant invoicing system. Claim(s) 23-28, 30-35, 37-38, and 40-41 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a payment gateway system, bill management module, a mobile phone; a payment account management server, payment gateway system, payment account system, mobile phone, merchant invoicing system, a point-of-sale system, a sale invoicing management server to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of executing in-store payments using a third-party mobile wallet with payment session token which is produced at a payment account system with a payment gateway system for completing a purchase transaction at a merchant invoicing system, system. As discussed above, taking the claim elements separately, the payment gateway system, bill management module, a mobile phone; a payment account management server, payment gateway system, payment account system, mobile phone, merchant invoicing system, a point-of-sale system, a sale invoicing management server, system perform(s) the steps or functions of wherein the data packet is presented using a least one of: (i) an alphanumeric code, (ii) a code consisting of a combination of letters, numbers or symbols, (iii)an encoded image including a least one of (a) a barcode, (b) a QR code, and (c) an image pattern, and (iv) a wireless signal; wherein the voucher information comprises a gift card information, which is redeemed; wherein comprises a voucher redemption management module, a payment session token management module; wherein comprises: software programs, wherein comprises: software programs, wherein the programs are configured to be executed, wherein the payment session token comprises an identity code to show which payment account it is issued by. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of executing in-store payments using a third-party mobile wallet with payment session token which is produced at a payment account system with a payment gateway system for completing a purchase transaction at a merchant invoicing system. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Subject Matter Overcoming the Cited Prior Art
5. As detailed in the Office Action the Examiner has not applied a prior art rejection to Claim(s) 22-41 when viewed in combination with the corresponding independent claims, however the claim(s) has/have been rejected other grounds as detailed in the Office Action.
In reference to independent claims 22, 29, 36, and 39, the Office is unaware of any references that teach, individually or without an unreasonable combination of references, the combination of limitations steps found in the claims of:
“generating, by the payment account system, a data packet comprising a payment session token associated with a payment account; receiving, by the merchant invoicing system, the data packet comprising the payment session token from the payment account system; sending, by the merchant invoicing system, information comprising the payment session token and a bill balance to the payment gateway system; identifying, by the payment gateway system, the payment account system according to the payment session token; sending, by the payment gateway system, information comprising the payment session token to the payment account system; matching, by the payment account system, the payment account according to the payment session token; sending, by the payment account system, information comprising the payment account information and at least one piece of voucher information to the payment gateway system; Redeeming the voucher(s) and processing a payment of the rest of the bill for the purchase transaction according to the information comprising the payment account information, by the payment gateway system; and sending, by the payment gateway system, information comprising a payment completion notice to the payment account system and the merchant invoicing system.”
The prior art of record also does not teach the combination the limitations of claims 22-41. The closest references found 20180096325, and 20130024371 are similar but barely or do not teach all the limitations/steps of the claims as following:
generating, by the payment account system, a data packet comprising a payment session token associated with a payment account; receiving, by the merchant invoicing system, the data packet comprising the payment session token from the payment account system; sending, by the merchant invoicing system, information comprising the payment session token and a bill balance to the payment gateway system; identifying, by the payment gateway system, the payment account system according to the payment session token; sending, by the payment gateway system, information comprising the payment session token to the payment account system; matching, by the payment account system, the payment account according to the payment session token; sending, by the payment account system, information comprising the payment account information and at least one piece of voucher information to the payment gateway system; Redeeming the voucher(s) and processing a payment of the rest of the bill for the purchase transaction according to the information comprising the payment account information, by the payment gateway system; and sending, by the payment gateway system, information comprising a payment completion notice to the payment account system and the merchant invoicing system.
Examiner note: none of the references or combined reference(s) teach(es) the combination of limitations of claim(s) 22, 29, 36, and 39 or no reference(s) found that would teach(es) the combination of limitations of the amended claim(s) 22, 29, 36, and 39 especially claim limitations: generating, by the payment account system, a data packet comprising a payment session token associated with a payment account; receiving, by the merchant invoicing system, the data packet comprising the payment session token from the payment account system; sending, by the merchant invoicing system, information comprising the payment session token and a bill balance to the payment gateway system; identifying, by the payment gateway system, the payment account system according to the payment session token; sending, by the payment gateway system, information comprising the payment session token to the payment account system; matching, by the payment account system, the payment account according to the payment session token; sending, by the payment account system, information comprising the payment account information and at least one piece of voucher information to the payment gateway system; Redeeming the voucher(s) and processing a payment of the rest of the bill for the purchase transaction according to the information comprising the payment account information, by the payment gateway system; and sending, by the payment gateway system, information comprising a payment completion notice to the payment account system and the merchant invoicing system.
Reference 1: 20180096325 describes a system for converting physical coins into digital currency at a point of sale during a cash transaction at a retailer and related methods. A mobile app residing on a customer's mobile device communicates with a control module to manage the customer's account and obtain an identifier associated with the customer's account. During a cash transaction where physical change is due, the mobile device transmits the identifier to the point of sale. The point of sale transmits the identifier and the amount of change due to the control module. The control module confirms the identity of the customer using the identifier and directs a financial institution to move the amount of change due from the retailer's bank account to one or more designated bank accounts, one of which may be the customer's bank account. However it lacks the combination of claimed elements of the pending independent claims.
Reference 2: 20130024371 describes transform payment card information, user payment card selection preference, and purchase inputs via EOOR components into card addition completion. In one implementation the EOOR performs a method, comprising: receiving a purchase order request via a consumer wallet device; determining a wallet account identifier from the purchase order request; determining a merchant from the purchase order request; retrieving a payment card identifier of at least one payment card associated with the wallet account identifier; generating an offer data query on the payment card identifier; executing the offer data query and retrieving offer data; obtaining user payment card and offer selection preference data; determining an optimized payment card and offer selection based on the user payment card and offer selection preference data; and executing a payment transaction using the optimized payment card and offer selection in response to the purchase order request. However it lacks the combination of claimed elements of the pending independent claims.
No cited references found that would teach or suggest at least theses of amended independent claims 22, 29, 36, and 39. Therefore the prior art rejection will be withdrawn.
NPL Reference
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “4 different types of mobile payment systems” describes “Mobile phones no longer function exclusively as communication devices. From alarm clocks to GPS tools to exercise apps, we’ve grown to rely on our smartphones for everything under the sun. We even use our mobile devices to make everyday purchases at retail shops, on eCommerce sites, and within apps. Similar to desktop-based eCommerce shopping, mobile browser-based payments allow users to make card-not-present (CNP) purchases with either a credit, debit, or gift card, or even banking information (ACH) using a smartphone or tablet. Customers can visit a website with their mobile devices, add the products or services to a shopping cart, and enter payment details into the web site’s checkout form to complete a purchase – all on their phone or tablet.”.
Pertinent Art
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference#US20150046240A1 teaches similar invention which describes a system that uses a mobile device to efficiently redeem a coupon through a financial institution that includes a communication interface that receives, via a network, coupon data associated with one or more discounts and receipt data from a mobile device, a comparison processor that determines product data based on the receipt data and compares the coupon data with the receipt data, and a discount processor that provides a credit to an account holder based at least in part on the results of the comparison between the coupon data and the receipt data, wherein the credit is based on the coupon data.
Response to Arguments
8. Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive.
A. Applicant argues that the claims are directed efficiency improvement in paragraph 0066 of the specification.
Examiner respectfully disagrees. The specification mentions the word efficiency in paragraph 0066 and talks about a fast food restaurant business that cares about efficiency especially for driving through orders and that has nothing to do with the efficiency of the system. Claims do not talk or mentions anything about efficiency of the system.
B. Applicant argues that the claims are directed to statutory categories (Step 1).
Examiner agrees that the process, machine, manufacture, or composition of matter is not abstract, and although the process, machine, manufacture, or composition is not abstract, the concept that is directed to is an abstract idea. The system, payment account system, payment gateway system, merchant invoicing system, mobile phone, payment account management server, payment account management server, memory, processor, communication port, computer, can be merely a general purpose computer that performs basic computer functions that are well-understood routine and conventional.
C. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong One. Examiner respectfully disagrees. As for Step 2A Prong One, of the Abstract idea is directed towards the abstract idea of executing in-store payments using a third-party mobile wallet with payment session token which is produced at a payment account system with a payment gateway system for completing a purchase transaction at a merchant invoicing system which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)), (MPEP § 2106.04).
D. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong Two. Examiner respectfully disagrees. As for Step 2A Prong Two, the claim limitations do not include additional elements in the claim that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, and the claim is not more than a drafting effort designed to monopolize the judicial exception and the claim limitation simply describe the abstract idea. The limitation directed to executing in-store payments using a third-party mobile wallet with payment session token which is produced at a payment account system with a payment gateway system for completing a purchase transaction at a merchant invoicing system does not add technical improvement to the abstract idea. The recitations to “system, payment account system, payment gateway system, merchant invoicing system, mobile phone, payment account management server, payment account management server, memory, processor, communication port, computer” perform(s) the steps or functions of generating, a data packet comprising a payment session token associated with a payment account; receiving, the data packet comprising the payment session token from the payment account; sending, information comprising the payment session token and a bill balance to the payment; identifying, the payment account according to the payment session token; sending, information comprising the payment session token to the payment account; matching, the payment account according to the payment session token; sending, information comprising the payment account information and at least one piece of voucher information to the payment; redeeming the voucher(s) and processing a payment of the rest of the bill for the purchase transaction according to the information comprising the payment account information; and sending, information comprising a payment completion notice to the payment account and the merchant invoicing. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
E. Applicant argues that the claims are not directed to a judicial exception under Step 2B.
Examiner respectfully disagrees. As for Step 2B, The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the limitation directed to executing in-store payments using a third-party mobile wallet with payment session token which is produced at a payment account system with a payment gateway system for completing a purchase transaction at a merchant invoicing system does not add significantly more to the abstract idea. Furthermore, using well-known computer functions to execute an abstract idea does not constitute significantly more. The recitations to “system, payment account system, payment gateway system, merchant invoicing system, mobile phone, payment account management server, payment account management server, memory, processor, communication port, computer” are generically recited computer structure. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of executing in-store payments using a third-party mobile wallet with payment session token which is produced at a payment account system with a payment gateway system for completing a purchase transaction at a merchant invoicing system. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
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 extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAREK ELCHANTI whose telephone number is (571) 272-9638. The examiner can normally be reached on Flex Mon - Thur 7-7:00 and Fri 7-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraf can be reached on (571) 270-3948. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B