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 .
Status of Claims
This action is in response amendment filed on 8 May 2026. Claims 1, 9, and 17 have been amended. Claims 5, 8, 13 and 16 have been cancelled. Claims 1-4, 6, 7, 9-12 14, 15 and 17 -20 are currently pending and have been examined.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8 May 2026 has been entered.
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.
Step 1: The claims 1-4, and 6-7 are a method , claims 9-12, 14 and 15 are a system and claims 17-20 are a medium. Thus, each independent claim, on its face, is directed to one of the statutory categories of 35 U.S.C. §101. However, the claims 1-4, 6-7, 9-12, 14, 15 and 17-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A-Prong 1: Independent claims (1, 9 and 17) recite determining, that the user is eligible for the offer based on the indication that the user associated with the account is eligible for the offer; generating, machine-readable indicia comprising encoded data, the encoded data comprising a plurality of fields, wherein at least one field of the plurality of fields comprises account data associated with an account of the merchant; modifying, a data structure of the machine- readable indicia by embedding the offer identifier into a field of the plurality of fields of the encoded data and embedding at least a portion of the transaction data into a second field of the plurality of fields of the encoded data in response to receiving the offer identifier from the merchant to provide a modified machine-readable indicia configured to initiate a push payment from the account to an the account of the merchant, such that the encoded data comprises at least a portion of the transaction data, at least a portion of the offer data, and the account data associated with the account of the merchant; and displaying, the modified machine-readable indicia to the user. Theses limitation as drafted is a process, that, under its broadest reasonable intepration covers, managing financial transaction , offers and discount based on determined offer eligibility , which fails into “commercial interactions” or “legal interactions” include subject matter relating to agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. Simply put, these limitation merely describe determining offer eligibility, modifying data fields, and generating an indicia (like a QR code or barcode) for a push payment, which is clearly a business arrangement in its purest form. Claims 2-4, 6, 7, 10-12, 14, 15 and 18-20 merely provide additional abstract concept and narrow the abstract idea of claims 1, 9 and 17. Further, claims 1-4, 6, 7, 9-12, 14, 15 and 17-20 are recited at such a high level that the claimed steps amount to no more than a mental process, such as concept performed in the human mind (including an observation, evaluation, judgement, opinion) because evaluating account data and user eligibility in a way that can practically be performed in the human mind or with pen and paper.
Step 2A-Prong 2: The claims recite the combination of additional elements of receiving transaction data, receiving account data, sending/receiving messages to and from receiving offer for performing the determining steps, at least one processor performing the receiving, determining generating, modifying, displaying steps and database for storing information . The receiving/sending steps are recited at a high-level of generality (i.e., as general means of gathering data for use in determination and generation steps) amounts to mere data gathering , which is a form of insignificant extra-solution activity. The at least one processor that performs the receiving, determining, generating, modifying, and displying steps is also recited at a high level of generality, and merely automates the generic computer functions. Each of the additional limitations is no more than mere instructions to apply the exception using a generic computer component. The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer component (the at least one processor). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to the abstract idea.
Step 2B: As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception on a generic computer cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. Furthermore, using well-understood, routine, and conventional computer components (e.g., standard servers, databases, and display screens) to execute an abstract business method is not enough to make the invention patent-eligible. For these reasons, there is no inventive concept in the claim, and thus it is ineligible.
The closest prior art to the applicants’ claimed invention as follows:
Grossman (US Pub., No., 2014/0183257 A1) discloses systems, methods and computer program products for providing user information to a merchant during a transaction. Embodiments may generate a readable indicia encoding user information and initiate display of the readable indicia on a display for presentation to the merchant such that the merchant may read the readable indicia and determine the user information stored in the readable indicia. Some embodiments receive and store the user information in the memory device, and receive user input requesting generation of the readable indicia (abstract), a method for encoding offers (paragraph [0040], discloses the readable indicia may have different or additional information encoded such as loyalty [offer] information ), comprising: receiving, by at least one processor, transaction data for a transaction requested between a user and a merchant, the transaction data received from with a merchant point-of-sale device, (Fig. 1, 150, discloses merchant system) the transaction data comprising a transaction amount(paragraph [0028], discloses the user system 110 and the merchant system 150 interact over a network 102, each system 120 and 150 communicate over the network, paragraph [0033], discloses transaction may also include purchase at a POT, online purchase, purchase at the merchant ); receiving, by at least one processor, account data associated with a user account of the user, the account data comprising a user identifier associated with the user or an account identifier (Fig. 2, 210 discloses receive and store user information, paragraphs [0007], [0010], [0016], [0025] discloses providing user information to merchant during a transaction paragraph [0040], discloses user information such as preferred email address, name information, phone number and or the like.., included payment infoatmion such as credit/debit card information and/or bank account information and paragraph [0042], discloses user information inputted by the user, such as name and email address [user identifier] ); initiate communication of a message indicating to the user an opportunity to share additional user information to a specific merchant (Fig. 7, 730), generating the readable indicia encoding some or all the user information comprises generating the readable indicia to futher encode payment information (paragraphs [0009]-[0011]), receive user input requesting generation of the readable indicia based on the selected profile (paragraph [0012]), a “readable indicia” may be or include a code (e.g., a 2D code such as a barcode, a 3D code such as a Quick Response (QR) code, etc.) (paragraph [0027]) generating a readable indica encoding user information (paragraph [0029]), read a readable indica generated by the user device and decode the readable indicia in order to ascertain information about the user (paragraph [0031]), and the readable indicia comprises visual indicia, e.g., a barcode a Quick Response (QR) code, etc. (paragraph [0037]).
TARBOX (US Pub. No., US 2021/0390529 Al) focused on systems and methods are disclosed for performing payment transactions using indicia-based associations between two or more user interfaces. One method includes: receiving transaction information related to a user's selection of goods or services from a merchant; generating an indicia encoding the transaction information related to the selected goods or services, the merchant, and the transaction amount; transmitting the indicia to be displayed, and to enable a user interface of a first user device to scan the indicia and extract the transaction information(abstract), scan or capture indicia displayed on the external device (Fig. 3, 302), please scan with your mobile device to continue payment transactions (Fig. 5B, 514) generating or receiving an indica encoding the transaction information related to the selected order, merchant and payment amount (paragraph [0006]), generating an indicia encoding the transaction information related to the selected order, merchant, and payment amount (paragraph [0007]) and indicia-based payment transactions ("indicia-based payment server") to carry on the processing of the proposed payment transaction using the designated payment source (paragraph [0022]).
BALASUBRAMANIAN et al. (US Pub., 2013/0018758 A1) focused on systems and methods used to facilitate an electronic payment or request for electronic payment for real-time transactions. In particular, the embodiments comprise a hand-held communication device associated with a payer, an electronic device associated with a payee and an application server associated with an electronic payment transaction application. The hand-held communication device is adaptable to execute the application software that is configured to generate or read a machine-readable barcode (abstract), initiation the electronic payment.., generate a unique identifier in response th the payment information from the application software (paragraphs [0009], [0012]) and encoding digital coupon and to include add-on standards such as encoding vehicle identification Number (VIN) (paragraph [0059]).
Ho et al. (US Pub., No., 2021/0166260 A1) focused a computer system includes a processor coupled to machine-readable storage media. The processor is configured to receive a request from a mobile device of a user to initiate a transaction at a point-of-sale location between the user and a merchant, receive a user selection of a selectable payment option for the transaction, wherein the selectable payment option includes a user rewards redemption, apply a merchant offer to the transaction, generate a code that is displayable on the mobile device, including embedding in the code one or more details related to the transaction, send the code to one of the user at the mobile device or the merchant at a merchant point of sale device (abstract), receive request from mobile device of user to initiate transaction at POS location between user and merchant , generate code displayable on mobile device including embedding details of transaction, send code to user or merchant for other o user or merchant to scan at POS location, and receive code and update user rewards account based on transaction (Fig. 20, 2002-2014), receiving request to present selectable user rewards redemption options based on categorization , etc. (Fig. 21), user rewards redemption, applying a merchant offer to the transaction, generating a code that is displayable on the mobile device, including embedding in the code one or more details related to the transaction (paragraph [0003]), user initiate a transaction at a point-of-sale location between the user and a merchant (paragraph [0004]).
Goyal et al. (US Pub., No., 2012/0325902 A1) focused on methods and systems for generating and resolving multimode barcodes comprise: inputting graphical data representing a barcode pattern into memory; translating the graphical data into barcode information according to a standard for translating a particular type of barcode pattern into barcode information; detecting the presence of multiple, distinct data items of different types in the barcode information, wherein each data item specifies an action to be taken by the scanning device (abstract), smartphones, capable of reading and quickly interpreting barcode data such as QR Codes. One common use of QR Codes, as depicted in FIG. 1, has been to encode Uniform Resource Locators ("URLs"), such as website addresses, within QR Codes placed on billboards, mailers, or even buildings to provide consumers with a quick and easy way to visit a company's website without having to memorize, write down, or manually type a URL into a smartphone or other mobile device (paragraph [0008]).
Triano et al (US Pub., 2016/0300257 A1) discloses a method for identifying and distributing offers includes: storing account profiles, each profile including data related to a transaction account including an account identifier and a plurality of transaction data entries, each including transaction data; receiving an offer request from a consumer entity, the request including a specific account identifier and geographic location; identifying a specific account profile that includes the specific account identifier; identifying offer parameters, the parameters being based on the geographic location and the transaction data included in the identified specific account profile; transmitting the offer parameters to a merchant entity; receiving offer data for a plurality of offers from the merchant entity based on the offer parameters; identifying a specific offer based on the offer data for the specific offer and the transaction data
Harvey et al (US Pub., 2012/0101887 A1) discloses a system for combining a payment mechanism with an offer to a consumer is described. The system includes a virtual payment account number generation engine to generate virtual payment account numbers that can be used by a consumer in a payment transaction at a merchant, the virtual payment account number generation service also operable to take a portion of the virtual payment account number and send it as a checkout code to a consumer using the consumer's mobile device, and an offer generation engine used to set rules for an offer to be sent to consumers, create a fund for the offer, and determine individual consumer's eligibility for the offer.
Thurairatnam et al (US Pub., 2024/0005386 A1) discloses generation of dynamic electronic representations using modeling is described. Interaction data comprising attributes of one or more interactions between a user and the service provider or one or more third-party services integrated with the service provider is received. A model is executed to dynamically generate an electronic representation for a user profile based upon the interaction data, wherein the model is trained using attributes associated with a set of existing user profiles associated with the service provider and corresponding interaction data indicative of interaction data of the set of existing user profiles.
Liberty et al (US Pub., No Pub., 2014/005/58834 A1) discloses embodiments are directed to aggregating product savings into a quick response (QR) code and to providing a targeted offer via a financial transaction receipt. In one scenario, a computer system scans various items that are provided for sale by a retailer. The scanning resulting in scanning information that corresponds to the scanned items. The computer system sends the scanning information for the scanned items to a second computer system to determine whether coupons or price discounts apply to the scanned items.
Liu et al (US Pub., No., 2014/0025584 A1) discloses an indicia encoding system is disclosed herein that encodes integrated information on products and/or services selected for purchase and payment information for purchasing the selected products and/or services, in accordance with a variety of embodiments involving various methods, devices and systems. In one illustrative embodiment, a method may include entering purchase order information via one or more input/output components. The purchase order may include an indication for one or more products and/or one or more services. The method may also include entering payment information, including information on a method of payment, via one or more input/output components. The method may also include generating a machine-readable indicia that encodes both the purchase order information and the payment information, with the payment information in an encrypted form; and displaying the machine-readable indicia on a screen.
None of the above references either alone or in combination teaches or suggest that in response to receiving the request message, and an indication that the user associated with the account is eligible for the offer, the offer data comprising an offer identifier; determining, by at least one processor, that the user is eligible for the offer based on the indication that the user associated with the account is eligible for the offer; modifying, by at least one processor, a data structure of the machine- readable indicia by embedding the offer identifier into a field of the plurality of fields of the encoded data and embedding at least a portion of the transaction data into a second field of the plurality of fields of the encoded data in response to receiving the offer identifier from the merchant to provide a modified machine-readable indicia configured to initiate a push payment from the account to an the account of the merchant, such that the encoded data comprises at least a portion of the transaction data, at least a portion of the offer data, and the account data associated with the account of the merchant.
Response to Arguments
Claims 1-4, 6-7, 9-12, 14, 15 and 17-20 are reevaluated and determined as an abstract idea (e.g., retrieving offer data, determining eligibility, and processing payments) implemented using only routine, conventional computer components. Furthermore, the core of the claim revolves around "data collection, processing, and storage". Sending messages to a database, checking eligibility, and modifying a data structure are considered fundamental economic or business practices. The claims use standard, generic phrasing like "at least one processor," "database," and "a field of the plurality of fields." Because these are standard computer functions used in conventional ways, they do not add "significantly more" to the abstract idea. Thus, claims are rejected under 35 U.S.C 101 because the claims provide no a specific technical solution, rather than just automating a business method.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABA DAGNEW whose telephone number is (571)270-3271. The examiner can normally be reached 9-6:45.
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/SABA DAGNEW/Primary Examiner, Art Unit 3682
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