DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/09/2026 has been entered.
Status of Claims
Claims 1, 4, 6-9, 15, and 18-20 are amended.
Claims 1-20 are pending.
Response to Remarks
35 U.S.C. § 101
Remark 1: Applicant contends that the disclosed systems and methods improve at least the functioning of a computing device (e.g., the PIN pad) by allowing a flexible association between a PIN pad and POS device
Response to Remark 1: Examiner respectfully disagrees. What applicant contends is an improvement is merely an improvement in the recited abstract idea, and not an improvement in the functioning of computers, nor technology, nor a technical field. Moreover, a general-purpose computer would be capable of performing these same operations of a mere improvement in the abstract idea. Here, the additional elements individually and in combination, are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)) and generally linking the use of the abstract idea to a particular technological environment (MPEP § 2106.05(h)). The description of the additional elements evidences that they are generic and conventional elements used as tools to perform the abstract idea (See Spec. 0020-0021, 0024-0026, 0028-0029, 0035). Accordingly, this contention is unpersuasive.
Remark 2: Applicant contends that the amended claims do recite additional elements that integrate the alleged judicial exception into a practical application.
Response to Remark 2: Examiner respectfully disagrees. Applicant merely restates the claims with no explanation to support their remark, which is unpersuasive.
35 U.S.C. § 112(b)
Applicant’s amendments to the claims have overcome the previous rejections. Accordingly, the previous rejections are withdrawn. However, new grounds of rejection are being made.
Claim Objections
Claim 8 is objected to because of the following informalities. The claim recites the limitation “determine … idel transaction …”. It appears the limitation “idel” was unintentionally included within the claim as a typographical error. Appropriate correction is required.
Claim 15 is objected to because of the following informalities. The claim recites the limitation “A non-transitory computer readable medium storing a program causing a computer to execute a method of processing payment transactions using a payment processing system, the method comprising”. The claim doesn’t recite that the “program” is executed, and doesn’t recite that it’s executed by the same computing component that performs the claimed method. Appropriate correction is required.
Claims 9-14 and 16-20 are also objected to per dependency upon an objected claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Step 1 of the eligibility analysis asks is the claim to a process, machine, manufacture or composition of matter (See MPEP § 2106.03, subsections I and II). Claims 1-7 are directed to a computer-implemented method (i.e., process). Claims 8-14 are directed to a computer-implemented system (i.e., machine, and manufacture). Claims 15-20 are directed to a non-transitory computer-readable storage medium (i.e., manufacture). Therefore, these claims fall within the four statutory categories of invention.
Step 2A, Prong One
Prong One asks does the claim recite an abstract idea, law of nature, or natural phenomenon (MPEP § 2106.04(II)(A)(1)). Claims 1, 8 and 15 under a broadest reasonable interpretation recite an abstract idea because the claims describe payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas (MPEP § 2106.04(a)(2), subsection II). The claim limitations reciting the abstract idea are grouped within the “certain methods of organizing human activity” grouping of abstract ideas because the limitations describe fundamental economic principles or practices, including mitigating risk, and describe commercial or legal interactions, including advertising, marketing or sales activities or behaviors. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
Claim 1:
A method of processing payment transactions using a payment processing system, the method comprising:
receiving, at a transaction generator of the payment processing system, a transaction request from a point of sale (POS) device;
determining, using the transaction generator, that an absence of idle transaction command generators in a pool of idle transaction command generators exists;
constructing, using the transaction generator, a transaction command generator to service the transaction request based on determining that the absence of idle transaction command generators exists;
generating, using the constructed transaction command generator, personal identification number (PIN) pad commands to be transmitted to a PIN pad according to contents of the transaction request;
transmitting, using the transaction generator, a new transaction request including the generated PIN pad commands to the PIN pad for processing according to the generated PIN pad commands; and
adding, using the transaction generator, the transaction command generator to the pool of idle transaction command generators.
Claim 8:
A computer system for processing payment transactions, the computer system comprising:
a memory having processor-readable instructions stored therein; and
a transaction generator comprising a processor configured to access the memory and execute the processor- readable instructions, which when executed by the processor configures the processor to perform a plurality of functions, including functions to:
receive, at the transaction generator, a transaction request from a point of sale (POS) device;
determine, using the transaction generator, that an absence of idel transaction command generators in a pool of idle transaction command generators exists;
construct, using the transaction generator, a transaction command generator to service the transaction request based on determining that the absence of idle transaction command generators exists;
generate, using the constructed transaction command generator, personal identification number (PIN) pad commands to be transmitted to a PIN pad according to contents of the transaction request;
transmit, using the transaction generator, a new transaction request including the generated PIN pad commands to the PIN pad for processing according to the generated PIN pad commands; and
add, using the transaction generator, the transaction command generator to the pool of idle transaction command generators.
Claim 15:
A non-transitory computer readable medium storing a program causing a computer to execute a method of processing payment transactions using a payment processing system, the method comprising:
receiving, at a transaction generator of the payment processing system, a transaction request from a point of sale (POS) device;
determining, using the transaction generator, that an absence of idle transaction command generators in a pool of idle transaction command generators exists;
constructing, using the transaction generator, a transaction command generator to service the transaction request based on determining that the absence of idle transaction command generators exists;
generating, using the constructed transaction command generator, personal identification number (PIN) pad commands to be transmitted to a PIN pad according to contents of the transaction request;
transmitting, using the transaction generator, a new transaction request including the generated PIN pad commands to the PIN pad for processing according to the generated PIN pad commands; and
adding, using the transaction generator, the transaction command generator to the pool of idle transaction command generators.
Step 2A, Prong Two
Prong Two asks does the claim recite additional elements that integrate the judicial exception into a practical application (MPEP § 2106.04(II)(A)(2)). Here, the additional elements individually and in combination, are recited at a high level of generality as generic and conventional elements merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)) and generally linking the use of the abstract idea to a particular technological environment (MPEP § 2106.05(h)). The description of the additional elements evidences that they are generic and conventional elements used as tools to perform the abstract idea (See Spec. 0020-0021, 0024-0026, 0028-0029, 0035). These additional elements do not improve the functioning of computers, another technology, or a technical field (MPEP §§ 2106.04(d)(1) and 2106.05(a)). They do not apply the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (MPEP § 2106.04(d)(2)). They do not implement the abstract idea with a particular machine or manufacture that is integral to the claim (MPEP § 2106.05(b)). They do not transform or reduce a particular article to a different state or thing (MPEP § 2106.05(c)). Nor do they apply the abstract idea in a meaningful way or impose a meaningful limit on it beyond linking its use to a particular technological environment (MPEP § 2106.05(e)). Such a generic computer implementation does not make the abstract idea patent eligible because a wholly generic computer implementation is not generally the sort of additional feature that provides any practical assurance that the process is more than a drafting effort designed to monopolize the abstract idea itself. The Specification and the claim language provide evidence that the focus of the claim is not on a specific improvement in technology but rather on a scheme, for which generic and conventional elements are invoked merely as a tool to implement the abstract idea and link it to a particular field of use. Even if the Specification describes technical improvements, they are not claimed. Thus, the additional elements do not integrate the abstract idea into a practical application. Accordingly, the claims are directed to the abstract idea identified above.
Step 2B
Step 2B determines whether the claim as a whole amount to significantly more than the abstract idea itself (MPEP § 2106.05). Evaluating additional elements to determine whether they amount to an inventive concept requires considering them both individually and in combination to ensure that they amount to significantly more than the abstract idea itself. Individually, the additional elements do not amount to significantly more than the abstract idea. As discussed previously, the description of the additional elements evidences that they are generic and conventional elements used as tools to perform the abstract idea (See Spec. 0020-0021, 0024-0026, 0028-0029, 0035). There is nothing in the Specification to indicate that the operations recited in the claims require any specialized hardware or inventive computer components or that the claimed invention is implemented using other than generic computer components to perform generic computer functions. As such, the additional elements merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment. The ordered combination recites no more than the individual elements do. Thus, the additional elements are not significantly more than the abstract idea. Accordingly, the claims are directed to the abstract idea identified above without significantly more. The claims are not eligible, warranting a rejection for lack of subject matter eligibility and concluding the eligibility analysis.
Dependent Claims
Claim 2 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein generating the PIN pad commands comprises generating the PIN pad commands according to a transaction type and one or more expected responses from the PIN pad.
Claim 3 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the transaction type is selected from the group consisting of: a purchase transaction, a refund transaction, a void transaction, and a balance request transaction.
Claim 4 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
controlling, using the payment processing system, a configuration management service associated with the payment processing system to provide a configuration service to the PIN pad upon connection of the PIN pad to the payment processing system.
Claim 5 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the configuration service is configured to utilize data contained in a PIN pad registry and a PIN pad database of the configuration management service to provide the configuration service.
Claim 6 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
determining, using the transaction generator, that the idle transaction command generators in the pool exceed a threshold number; and
terminating, using the transaction generator, at least one of the idle transaction command generators in the pool responsive to determining that the idle transaction command generators in the pool exceed the threshold number.
Claim 7 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
receiving, at the transaction generator, a transaction response from the PIN pad; and
transmitting, using the transaction command generator, the transaction response to the POS device.
Claim 9 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein generating the PIN pad commands further includes functions to:
generate the PIN pad commands according to a transaction type and one or more expected responses from the PIN pad.
Claim 10 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the transaction type is selected from the group consisting of: a purchase transaction, a refund transaction, a void transaction, and a balance request transaction.
Claim 11 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the plurality of functions performed by the processor when executing the processor-readable instructions further includes functions to:
control a configuration management service associated with a payment processing system to provide a configuration service to the PIN pad upon connection of the PIN pad to the computer system.
Claim 12 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the configuration service is configured to utilize data contained in a PIN pad registry and a PIN pad database of the configuration management service to provide the configuration service.
Claim 13 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the plurality of functions performed by the processor when executing the processor-readable instructions further includes functions to:
determine, using the transaction generator, that the idle transaction command generators in the pool exceed a threshold number; and
terminate, using the transaction generator, at least one of the idle transaction command generators in the pool responsive to determining that the idle transaction command generators in the pool exceed the threshold number.
Claim 14 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the plurality of functions performed by the processor when executing the processor-readable instructions further includes functions to:
receive, at the transaction generator, a transaction response from the PIN pad; and
transmit, using the transaction command generator, the transaction response to the POS device.
Claim 16 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein generating the PIN pad commands comprises generating the PIN pad commands according to a transaction type and one or more expected responses from the PIN pad.
Claim 17 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the transaction type is selected from the group consisting of: a purchase transaction, a refund transaction, a void transaction, and a balance request transaction.
Claim 18 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
the method further comprising:
controlling, using the payment processing system, a configuration management service associated with the payment processing system to provide a configuration service to the PIN pad upon connection of the PIN pad to the payment processing system.
Claim 19 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
the method further comprising:
determining, using transaction generator, that the idle transaction command generators in the pool exceed a threshold number; and
terminating, using the transaction generator, at least one of the idle transaction command generators in the pool responsive to determining that the idle transaction command generators in the pool exceed the threshold number.
Claim 20 recites an abstract idea because the claim describes payment transaction processing, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
the method further comprising:
receiving, at the transaction generator, a transaction response from the PIN pad; and
transmitting, using the transaction command generator, the transaction response to the POS device.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Lack of Antecedent Basis
Claims 1, 7-8, 14-15, and 20 recite "the transaction command generator" without proper antecedent basis. Appropriate correction is needed.
Therefore, these claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claims 2-7, 9-14 and 16-20 are also rejected per dependency upon a rejected claim.
Unclear Scope
Claim 8 is directed to a product (e.g., "A computer system … comprising: ...”). For products, the claim limitations will define discrete physical structures or materials (See MPEP 2103(I)(C)). Here, claim 8 recites that the "computer system" comprises structural recitations of "a memory …" and “a transaction generator comprising a processor …”. However, claim 8 also after the “comprising:” language, recites other structural recitations and associated functions (e.g., “generate, using the constructed transaction command generator …”). Therefore, it is unclear whether claim 8 is directed to structural recitations of the "memory" and the “transaction generator comprising a processor”, or directed to a combination of structural recitations of the "memory", the “transaction generator comprising a processor” and the “constructed transaction command generator”. Therefore, the claim is indefinite and rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim 15 recites "A non-transitory computer readable medium storing a program causing a computer to execute a method of processing payment transactions using a payment processing system, the method comprising: receiving, at a transaction generator of the payment processing system … determining, using the transaction generator … constructing, using the transaction generator … generating, using the constructed transaction command generator … transmitting, using the transaction generator … and adding, using the transaction generator …”. However, it is unclear whether the computer, payment processing system, and constructed transaction command generator constitute each other or not and each are claimed as performing the same method steps. Therefore, these claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
See In re Zletz, 893 F.2d 319, 13USPQ2d 1320 (Fed. Cir. 1989) and MPEP 2173.02 (III)(B) which states “Examiners should bear in mind that "[a]n essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.”
Claims 9-14 and 16-20 are also rejected per dependency upon a rejected claim.
Claims Free of Art
The closest prior art of record is US 2002/0133504 A1 by Vlahos et al. (hereinafter “Vlahos”). Vlahos teaches:
receiving, at a transaction generator of the payment processing system, a transaction request from a point of sale (POS) device; (para 51)
constructing, using the transaction generator, a transaction command generator to service the transaction request based on determining that the absence of idle transaction command generators exists; (para 97)
US 2002/0099843 A1 by Fruchtman et al. (hereinafter “Fruchtman”) is also of interest. Fruchtman teaches:
generating, using the constructed transaction command generator, personal identification number (PIN) pad commands to be transmitted to a PIN pad according to contents of the transaction request; (para 25)
transmitting, using the transaction generator, a new transaction request including the generated PIN pad commands to the PIN pad for processing according to the generated PIN pad commands; and (para 25)
Therefore, the prior art does not teach, neither singly nor in combination the following:
determining, using the transaction generator, that an absence of idle transaction command generators in a pool of idle transaction command generators exists
adding, using the transaction generator, the transaction command generator to the pool of idle transaction command generators
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20120290421 A1 ("Qawami") discloses: A mobile payment system authorizes payment by sending a Short Message Service (SMS) text message or secure hypertext transfer protocol (HTTPS) request to a customer's mobile phone or mobile device requiring customer to respond by SMS or HTTPS. A SMS payment software-plugin is installed on a Point-Of-Sale (POS) terminal. When a customer requests to pay by SMS, the plugin is activated and the customer's mobile phone number and zip code or POS PIN are entered on the POS terminal. The POS terminal sends a request to a SMS payment system, which sends the SMS text message to the customer's mobile device. When the customer replies to the SMS message with an approval code, the SMS payment system uses payment information for the customer to create a transaction request to a bank authorization network. When the SMS payment system receives authorization, it notifies the POS terminal to complete the purchase transaction
US 20080270514 A1 ("Soares") discloses: The present invention refers to system for accessing POS terminals (10), with or without pin pad, using a client system (15) to connect such POS terminal (10) to a network comprised by at least one server (30), the system enabling any POS terminal (10) to execute applications (25) located in such servers, through a plurality of specific protocols (20) in a process similar to the Internet, as well to download and update applications from application servers (30) and to perform electronic operations in transaction serves (35).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ari Shahabi whose telephone number is (571)272-2565. The examiner can normally be reached M-F: 8:00-5:00.
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/ARI SHAHABI/Primary Examiner, Art Unit 3697