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
Election/Restrictions
1. Applicant elects to prosecute the claims corresponding to Species 2, included claims 13-18, without traverse is acknowledged. Claims 1-12 are canceled.
Claim Rejections - 35 USC §103
2. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
3. Claims 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Tramoni et al. (U.S PAT. 11,012,118, hereinafter “Tramoni”) in view of Rule et al. (U.S PAT. 11,468,428, hereinafter “Rule”).
Consider claim 13, Tramoni teaches a method, comprising: a) activating, by a first near-field communication device, a first near-field communication circuit in response to detecting that a second near-field communication device is located within range (col. 3, lines 4-19); b) initiating a near-field communication between the first and second near-field communication devices (col. 3, lines 4-7).
Tramoni does not explicitly show that c) verifying, by the first near-field communication device, that the second near-field communication device complies with a certain near-field communication technical specification; d) where the second near-field communication device does comply with the certain near- field communication technical specification device, exchanging data frames for a near-field communication between the first and second near-field communication devices; and e) where the second near-field communication device does not comply with the certain near-field communication technical specification device: e1) initiating, by the first near-field communication device, a contactless bank transaction between the first and second near-field communication devices; e2) detecting, by the first near-field communication device, whether the second near-field communication device is a contactless payment device; e3) where the second near-field communication device is not a contactless payment device, returning to step b); e4) where the second near-field communication device is a contactless payment device, launching, by the first near-field communication device, a contactless bank payment application; and e5) executing a bank transaction through the contactless bank payment application.
In the same field of endeavor, Rule teaches c) verifying, by the first near-field communication device, that the second near-field communication device complies with a certain near-field communication technical specification (col. 5, line 58 through col. 6, line 28); d) where the second near-field communication device does comply with the certain near- field communication technical specification device, exchanging data frames for a near-field communication between the first and second near-field communication devices (col. 7, lines 4-20); and e) where the second near-field communication device does not comply with the certain near-field communication technical specification device (col.6, line 55 through col. 7, line 3 i.e., the first application 132 may be unable to access the identification data and the second application may be unable to access the payment data): e1) initiating, by the first near-field communication device, a contactless bank transaction between the first and second near-field communication devices (col. 3, lines 4-7); e2) detecting, by the first near-field communication device, whether the second near-field communication device is a contactless payment device (col. 4, line 62 through col. 3, line18); e3) where the second near-field communication device is not a contactless payment device, returning to step b) (col. 11, lines 46-67 i.e., Once the card taps the digital reader (not a contactless payment device), communication between the digital card reader and the card is initiated); e4) where the second near-field communication device is a contactless payment device, launching, by the first near-field communication device, a contactless bank payment application (col. 11, line 46 through col. 12, line 26); and e5) executing a bank transaction through the contactless bank payment application (col. 12, lines 1-26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to use, c) verifying, by the first near-field communication device, that the second near-field communication device complies with a certain near-field communication technical specification; d) where the second near-field communication device does comply with the certain near- field communication technical specification device, exchanging data frames for a near-field communication between the first and second near-field communication devices, as taught by Rule, in order to provide devices and methods for a card capable of selective communications with a plurality of device types.
Consider claim 14, Rule further teaches wherein the certain near-field communication technical specification specifies use of a certain near-field communication data exchange format (col. 7, lines 4-20).
Consider claim 15, Rule further teaches where the contactless payment device comprises one of a contactless payment card or a phone supporting a contactless payment system (col. 7, line 63 through col. 8, line 35).
Consider claim 16, Rule further teaches wherein the phone supporting the contactless payment system comprises a smartphone emulating a contactless payment card (col. 7, line 63 through col. 8, line 35).
Consider claim 17, Rule further teaches after step e5), returning to step b) (col. 11, lines 46-67).
Consider claim 18, the subject-matter of independent claim 18 relates to a near-field communication device, comprising an integrated circuit with features fully corresponding to the characteristics of claim 13. Therefore, the same argumentation presented in relation to claim 13 is, mutatis mutandis, of application to claim 18.
Conclusion
4. Any response to this action should be mailed to:
Mail Stop_________ (Explanation, e.g., Amendment or After-final, etc.)
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Facsimile responses should be faxed to:
(571) 273-8300
Hand-delivered responses should be brought to:
Customer Service Window
Randolph Building
401 Dulany Street
Alexandria, VA 22313
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan H. Nguyen whose telephone number is (571) 272-8329. The examiner can normally be reached on 8:00Am - 5:00Pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pan Yuwen can be reached on (571) 272-7855. 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).
/TUAN H NGUYEN/Primary Examiner, Art Unit 2649