DETAILED ACTION
Summary
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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 10/06/2025 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 61, 62, 70, 75, 76, 80, and 81 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by ITOYA, JP 2010211577.
Re claims 61, 75, and 80:
ITOYA discloses a data transmission system, comprising:
A receiving application comprising instructions for execution on a receiving device including a processor and a memory [0007] [0015],
Wherein the receiving application:
Presents a guidance instruction on the receiving device regarding a position of a contactless card relative to the receiving device [0019] [0021] [0022] [0044]-[0046], and
Updates the guidance instruction based on a position of the contactless card relative to the receiving device and a type of the contactless card [0021] [0022] [0037] [0046].
Re claims 62, 76, and 81:
ITOYA discloses the data transmission system, method for data transmission, and computer-accessible medium of claims 61, 75, and 80, wherein the receiving application determines the type of contactless card by searching a database of types of contactless cards [0043] [0044].
Re claim 64:
ITOYA discloses the data transmission system of claim 61, wherein the guidance instruction instructs the position of the contactless card in front of the receiving device [0021] [Figure 1].
Re claim 70:
ITOYA discloses the data transmission system of claim 61, wherein the guidance instruction comprises a targeting box for positioning the contactless card [Figures 3, 4, 8, and 9].
Claim Rejections - 35 USC § 103
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.
Claim(s) 65 is/are rejected under 35 U.S.C. 103 as being unpatentable over ITOYA, JP 2010211577.
Re claim 65:
ITOYA teaches the data transmission system of claim 61 as discussed above. ITOYA does not teach the guidance instruction instructs the position of the contactless card behind the receiving device; however, it would have been obvious to one of ordinary skill try different placements of the contactless card relative to the receiving device. One of ordinary skill in the art would have been motivated to instruct placement of the contactless card behind the receiving device to prevent a view of the instructions from being obstructed.
Claim(s) 66 is/are rejected under 35 U.S.C. 103 as being unpatentable over ITOYA, JP 2010211577 in view of LENOVO SINGAPORE PTE LTD (hereinafter “LENOVO”), JP 2016024746.
Re claim 66:
ITOYA teaches the data transmission system of claim 61, but does not teach the guidance instruction instructs the position of the contactless card alongside the receiving device.
LENOVO teaches a data transmission system comprising a receiving application configured to present a guidance instruction on a receiving device regarding a position of a contactless card relative to the receiving device, wherein the guidance instruction instructs the position of the contactless card alongside the receiving device [0019]-[0021] [0040] [0056]-[0058] [Figure 6].
It would have been obvious to one of ordinary skill in the art before the effective filing date to further incorporate the teachings of LENOVO in the system of ITOYA such that the guidance instruction instructs the position of the contactless card alongside the receiving device. One of ordinary skill in the art would have been motivated to instruct placement of the contactless card alongside the receiving device to prevent a view of the instructions from being obstructed.
Claim(s) 69 and 79 is/are rejected under 35 U.S.C. 103 as being unpatentable over ITOYA, JP 2010211577 in view of MATSUMOTO et al, US 2015/0161601.
Re claims 69 and 79:
ITOYA discloses the data transmission system of claim 61 and method of claim 75, but does not explicitly teach the guidance instruction instructs a gesture of the contactless card relative to the receiving device.
MATSUMOTO teaches a data transmission system comprising a receiving device configured to present a guidance instruction on the receiving device regarding a position of a contactless card relative to the receiving device, wherein the guidance instruction instructs a tapping gesture of the contactless card on the receiving device [0026] [0074] [Figure 6B].
It would have been obvious to one of ordinary skill in the art before the effective filing date to further incorporate the teachings of MATSUMOTO in the data transmission system of ITOYA such that the guidance instruction further instructs a gesture of the contactless card relative to the receiving device. Instructing a tapping gesture of a contactless card relative to a card reader is merely one of many common instructions given to card holders to interact with a contactless type card reader.
Claim(s) 71 is/are rejected under 35 U.S.C. 103 as being unpatentable over ITOYA, JP 2010211577 in view of HANDA, JP 2017085228.
Re claim 71:
ITOYA teaches the data transmission system of claim 61, but does not teach the receiving application presents a soft button configured to trigger a read of the contactless card.
HANDA teaches a medium identification information reading unit (110) configured to read non-contact type IC cards, wherein the medium identification reading unit presents a soft button configured to trigger a read of the contactless card [0115] [0117] [0151] [0228].
It would have been obvious to one of ordinary skill in the art before the effective filing date to further incorporate the teachings of HANDA in the system of ITOYA such that the receiving application presents a soft button configured to trigger a read of the contactless card. Such incorporation helps eliminate unintended card reading.
Claim(s) 72-73 is/are rejected under 35 U.S.C. 103 as being unpatentable over ITOYA, JP 2010211577 in view of HANDA, JP 2017085228, as applied in claim 71, and further in view of MATSUZAKI, US 2017/0318172.
Re claims 72-73:
ITOYA, in view of HANDA, teaches the data transmission system of claim 71, but does not teach the receiving application presents feedback regarding the contactless card via the soft button.
MATSUZAKI teaches an application presents a soft button (502) configured to trigger a reading of a document [0097]. A screen notifies a user of a placement orientation of the document for scanning. When the document is not determined to be in the placement orientation as notified on the screen, the soft button is greyed out, which presents feedback regarding the document to the user [0097].
It would have been obvious to one of ordinary skill in the art before the effective filing date to further incorporate the teachings of MATSUZAKI in the system of ITOYA, in view of HANDA, such that the receiving application presents feedback regarding the contactless card via the soft button by greying out the button when the card is not sufficiently proximate to the receiving device. Such incorporation helps prevent communication error between the card and the receiving device when the card is not properly in position to be read.
Allowable Subject Matter
Claims 63, 68, 74, 77, and 78 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A GUDORF whose telephone number is (571)270-7607. If the Examiner cannot be reached by telephone, she can be reached through the following e-mail address: laura.gudorf@uspto.gov. The examiner can normally be reached on M-F 6:00-4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Lee, can be reached at telephone number (571)272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA A GUDORF/Primary Examiner, Art Unit 2876