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 .
Status of the Claims
This Office Action is in response to Applicant’s reply dated 8/18/2025. Claims 1, 3, 12-14, and 20 have been amended and claim 2 has been canceled.
Response to Arguments
Regarding the 103 Arguments:
Applicant’s arguments have been considered and have been found to be persuasive in part, however are moot in view of new grounds of rejection found below.
Applicant has argued that there are no direct links to provide for a direct communication between the biometric/mobile device and the settlement device. The Examiner disagrees. Dorogusker discloses that the mobile device can function as the biometric reader, and further that the confirmation based on the biometric is sent to the POS via a push. A push communication is a communication that is direct between a sender and a recipient. Further Dorogusker discloses a multitude of communication configurations see at least ¶¶ 0024, 0056, and 0136.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 4-11, 12, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. 2020/0410500 A1 to Dorogusker (“Dorogusker”), in view of United States Patent Application Publication No. 2019/0318335 A1 to Kakino (“Kakino”), in view of Official Notice.
In regards to claims 1 and 12, Dorogusker discloses the following limitations:
A settlement system, comprising: a settlement terminal configured to receive settlement amount information and perform a settlement operation for receiving a payment corresponding to the settlement amount information; and a portable terminal including a biometric authentication function, (see at least Dorogusker Figure 1 and ¶ 0017 “The customer can also use the registered biometric instrument using a biometric reader associated with the customer device, e.g., mobile phone”)
wherein the settlement terminal includes: an interface for receiving the settlement amount information, a first short-range communication unit, and a first control unit configured to control the first short-range communication, a settlement card reader for reading a card presented for payment corresponding to the settlement amount information (see at least Dorogusker Figures 1-3 and ¶ 0136 “The network 104 can include any combination of local area and/or wide area networks, using both wired and wireless communication systems. In some embodiments, the network 604 uses standard communications technologies and/or protocols. Thus, the network 604 can include links using technologies such as Ethernet, 802.11, a Wi-Fi, a Bluetooth network;…”; and ¶ 0019 “ at the merchant's location, using the card reader provided for receiving a payment instrument… the card reader may also request for financial information from the customer. The customer either manually enters the card details, swipes the card, or scans the card using a scanner therein.”)
and the portable terminal includes: a second short-range communication unit, and a second control unit configured to: cause the biometric authentication function to be performed, and respond to the request for the biometric identity verification via the second short-range communication unit with a identity verification signal sent directly to the settlement terminal; and (see at least Dorogusker ¶¶ 0024 and 0136 “When the customer provides his fingerprint, the fingerprints are compared by the mobile device before a payment transaction is authorized. The confirmation is then pushed to the POS terminal, along with tokenized payment information to further processing of transactions”;”The network 104 can include any combination of local area and/or wide area networks, using both wired and wireless communication systems. In some embodiments, the network 604 uses standard communications technologies and/or protocols. Thus, the network 604 can include links using technologies such as Ethernet, 802.11, a Wi-Fi, a Bluetooth network;”)
an interface for….transaction; the first control unit is further configured to complete the settlement operation using the card presented for reading by the settlement card reader if the identity verification signal received via short-range communication unit from the portable terminal in response to the requested biometric identity verification indicates the biometric identity verification was successful and not otherwise. (see at least Dorogusker ¶¶ 0019 “the card reader may also request for financial information from the customer. The customer either manually enters the card details, swipes the card, or scans the card using a scanner therein”; 0060 “The mobile device sends the digital signature of the fingerprint to the payment processing system 114 for comparison with a previously registered fingerprint to confirm whether the attempting person is an authorized user. The payment processing system 114 compares the signatures and if a successful match is obtained, processes the transaction”; 0056, 0111, and 0136)
Dorogusker discloses sending the biometric information to the settlement terminal (see above citations) however does not appear to specifically disclose:
A commodity sales data processing apparatus; a settlement terminal connected to the commodity sales data processing apparatus and configured to receive settlement amount information from the commodity sales data processing apparatus;
The commodity sales data processing apparatus is configured to: register items in a transaction, generate the settlement amount information according to the items registered in the transaction, and send the settlement amount information to the settlement terminal;
to request a biometric identity verification directly from the portable terminal after the settlement amount information has been received from the commodity sales data processing apparatus
The Examiner provides Kakino to teach the following limitations:
A commodity sales data processing apparatus; a settlement terminal connected to the commodity sales data processing apparatus and configured to receive settlement amount information from the commodity sales data processing apparatus; The commodity sales data processing apparatus is configured to: register items in a transaction, generate the settlement amount information according to the items registered in the transaction, and send the settlement amount information to the settlement terminal; (Kakino teaches a POS system that includes a separate registration and settlement (checkout) units as well as biometric authentication. See at least Kakino Figures 1 and 3, and Abstract and ¶ 0018)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the system and method of Dorogusker the teaches of Kakino, in order to speed up user checkout operations and since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Further the Examiner takes Official Notice that it is old and well known in the art to request by the settlement terminal payment credentials including biometric information from a user via a portable terminal. (see at least US 2022/0020016 A1 ¶ 0007, and US 2022/0005047 A1 ¶ 0010 as evidence for the Official Notice). Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the system and method of Dorogusker the teaches of Official Notice since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
In regards to claims 4 and 15, Dorogusker discloses the following limitations:
wherein the settlement terminal further includes: an input operation unit for receiving a password from a customer. (see at least Dorogusker ¶ 0101 “After receiving the customer's fingerprint as a method of payment, the merchant application 504 can request the customer to enter a password 540 tied to the fingerprint for additional security or verification in the user interface 525. The unique code is entered at the time of registration of the fingerprint as a biometric payment instrument. The customer can also enter an amount 535 corresponding to the purchase on the user interface 525, or alternately, the payment amount can be auto-populated based on order information received from the merchant application.”)
In regards to claims 5 and 16, Dorogusker discloses the following limitations:
wherein the input operation unit is a touch panel display screen. (see at least Dorogusker ¶ 0101 “After receiving the customer's fingerprint as a method of payment, the merchant application 504 can request the customer to enter a password 540 tied to the fingerprint for additional security or verification in the user interface 525. The unique code is entered at the time of registration of the fingerprint as a biometric payment instrument. The customer can also enter an amount 535 corresponding to the purchase on the user interface 525, or alternately, the payment amount can be auto-populated based on order information received from the merchant application.”)
In regards to claims 6-7 and 17-18, Dorogusker discloses the following limitations:
wherein the first short-range communication unit utilizes a near-field communication protocol. wherein the first short-range communication unit utilizes a Bluetooth protocol. (see at least Dorogusker ¶¶ 0024, 0111, and 0136 “When the customer provides his fingerprint, the fingerprints are compared by the mobile device before a payment transaction is authorized. The confirmation is then pushed to the POS terminal, along with tokenized payment information to further processing of transactions”;”The network 104 can include any combination of local area and/or wide area networks, using both wired and wireless communication systems. In some embodiments, the network 604 uses standard communications technologies and/or protocols. Thus, the network 604 can include links using technologies such as Ethernet, 802.11, a Wi-Fi, a Bluetooth network;”)
In regards to claim 8, Dorogusker discloses the following limitations:
wherein the portable terminal includes a fingerprint sensor and the biometric authentication function is a fingerprint comparison. (see at least Dorogusker ¶¶ 0017 and 0024 “The customer can also use the registered biometric instrument using a biometric reader associated with the customer device, e.g., mobile phone”; “When the customer provides his fingerprint, the fingerprints are compared by the mobile device before a payment transaction is authorized. The confirmation is then pushed to the POS terminal, along with tokenized payment information to further processing of transactions”)
In regards to claim 9, Dorogusker discloses the following limitations:
wherein the portable terminal further includes a fingerprint sensor, and the biometric authentication function is a comparison of a fingerprint detected by the fingerprint sensor to fingerprint information registered in portable terminal in advance. (see at least Dorogusker ¶¶ 0017 and 0024 “The customer can also use the registered biometric instrument using a biometric reader associated with the customer device, e.g., mobile phone”; “When the customer provides his fingerprint, the fingerprints are compared by the mobile device before a payment transaction is authorized. The confirmation is then pushed to the POS terminal, along with tokenized payment information to further processing of transactions”)
In regards to claims 10 and 19, Dorogusker does not appear to specifically disclose the following limitations:
wherein the settlement terminal further includes: a printer configured to print a transaction receipt.
The Examiner takes Official Notice that it is old and well known in the art for settlement terminals to include or have connect ability to printers in order to provide receipts to customers. Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the system and method of Dorogusker the teaches of Official Notice since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
In regards to claims 11 and 20, Dorogusker discloses the following limitations:
wherein the settlement terminal further includes a magnetic card reader or a near-field communication card reader. (see at least Dorogusker ¶¶ 0044 and 0131)
Claims 2-3 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. 2020/0410500 A1 to Dorogusker (“Dorogusker”), in view of United States Patent Application Publication No. 2019/0318335 A1 to Kakino (“Kakino”), in view of Official Notice, in view of United States Patent Application Publication No. 2022/0005047 A1 to Maheshwari (“Maheshwari”).
In regards to claim 2, Dorogusker does not appear to specifically disclose the following limitations:
further comprising: a commodity sales data processing apparatus configured to: register items in a transaction, generate the settlement amount information according to the items registered in the transaction, and send the settlement amount information to the settlement terminal. (see at least Maheshwari Figure 2 and ¶¶ 0029-0030 “a transaction amount is entered at the terminal 124. This may be done directly using a keypad of the terminal 124, or via a point of sale (POS) system (not shown) with which the terminal is operatively coupled. For example, a number of items for purchase may be entered at the POS system (e.g., by way of a barcode scanner, or manually by the merchant) and a total amount transmitted to the terminal 124”)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the system and method of Dorogusker the teaches of Maheshwari since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
In regards to claim 3, Dorogusker does not appear to specifically disclose the following limitations:
wherein the commodity sales data processing apparatus includes: a settlement method selection key, and an identity verification requesting operation element which when operated causes the commodity sales data processing apparatus to transmit an identity verification request signal to the settlement terminal.
The Examiner provides Maheshwari to teach the following limitations:
wherein the commodity sales data processing apparatus includes: (see at least Maheshwari Figure 2 and ¶¶ 0029-0030 “a transaction amount is entered at the terminal 124. This may be done directly using a keypad of the terminal 124, or via a point of sale (POS) system (not shown) with which the terminal is operatively coupled. For example, a number of items for purchase may be entered at the POS system (e.g., by way of a barcode scanner, or manually by the merchant) and a total amount transmitted to the terminal 124”; For example, the terminal 124 may be configured to prompt the merchant to enter, using a keypad thereof, the age verification criterion. In some embodiments, this may simply be a yes/no indication as to whether age verification is required (for example, because the user or cardholder is seeking to purchase alcohol or tobacco products). In other embodiments, the age verification criterion may be a minimum age to be enabled to purchase the product (for example, 18 years old). In further embodiments, both a minimum age of the cardholder, and a time limit within which the cardholder's age was last authenticated by the cardholder's issuer, may be entered as age verification criteria. For example, the merchant may enter “18” for the minimum age and “3” (indicating months) for the time limit when prompted by terminal 124. Alternatively, any or all of these criteria may be transmitted to the terminal 124 by the POS system, as for the transaction amount.”)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the system and method of Dorogusker the teaches of Maheshwari since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Further the Examiner takes Official Notice that it is old and well known in the art for POS systems to include a settlement type selection key or option on touch screen. Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the system and method of Dorogusker the teaches of Official Notice since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
In regards to claim 13, Dorogusker does not appear to specifically disclose the following limitations:
wherein the interface is connected to a point-of-sale terminal configured to generate the settlement amount information.
The Examiner provides Maheshwari to teach the following limitations:
wherein the interface is connected to the commodity sales data processing apparatus (see at least Maheshwari Figure 2 and ¶¶ 0029-0030 “a transaction amount is entered at the terminal 124. This may be done directly using a keypad of the terminal 124, or via a point of sale (POS) system (not shown) with which the terminal is operatively coupled. For example, a number of items for purchase may be entered at the POS system (e.g., by way of a barcode scanner, or manually by the merchant) and a total amount transmitted to the terminal 124”)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the system and method of Dorogusker the teaches of Maheshwari since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable
In regards to claim 14, Dorogusker does not appear to specifically disclose the following limitations:
wherein the control unit is further configured to request the biometric identity verification in response to an identity verification request signal sent from the commodity sales data processing apparatus.
The Examiner provides Maheshwari to teach the following limitations:
wherein the control unit is further configured to request the biometric identity verification in response to an identity verification request signal sent from the commodity sales data processing apparatus. (see at least Maheshwari Figure 2 and ¶¶ 0029-0030 “a transaction amount is entered at the terminal 124. This may be done directly using a keypad of the terminal 124, or via a point of sale (POS) system (not shown) with which the terminal is operatively coupled. For example, a number of items for purchase may be entered at the POS system (e.g., by way of a barcode scanner, or manually by the merchant) and a total amount transmitted to the terminal 124”; For example, the terminal 124 may be configured to prompt the merchant to enter, using a keypad thereof, the age verification criterion. In some embodiments, this may simply be a yes/no indication as to whether age verification is required (for example, because the user or cardholder is seeking to purchase alcohol or tobacco products). In other embodiments, the age verification criterion may be a minimum age to be enabled to purchase the product (for example, 18 years old). In further embodiments, both a minimum age of the cardholder, and a time limit within which the cardholder's age was last authenticated by the cardholder's issuer, may be entered as age verification criteria. For example, the merchant may enter “18” for the minimum age and “3” (indicating months) for the time limit when prompted by terminal 124. Alternatively, any or all of these criteria may be transmitted to the terminal 124 by the POS system, as for the transaction amount.”)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the system and method of Dorogusker the teaches of Maheshwari since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M MUTSCHLER whose telephone number is (313)446-6603. The examiner can normally be reached 0600-1430.
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, Florian Zeender can be reached at (571)272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH M MUTSCHLER/ Examiner, Art Unit 3627
/A. Hunter Wilder/Primary Examiner, Art Unit 3627