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 .
Response to Amendment
The Office Action is responsive to amendments filed for application 18/376,777 filed on 07/13/2026.
Please note claims 1-20 remain in the application.
In response to the amendments filed to claims 1 and 11, the previous objections to the claims have been with withdrawn.
Response to Arguments
Applicant's arguments filed 07/13/2026 have been fully considered but they are not persuasive.
Starting on Pg. 11, ¶1 of applicant’s remarks filed 07/13/2026, applicant argues that Storiale fails to teach a receiver transaction interface that guides a user to physically orient a receiving device such that its microphone aligns with a sender speaker for receipt of a sound-encoded transaction package. The examiner respectfully disagrees, citing figures 2A through 5 of Storiale, which illustrate multiple steps of a transaction interface, with Figs. 2A and 2B showing guidance for a user to physically orient a receiver device (A user device that receives a request to initiate a transaction with a device implemented at and associated with a point-of-sale, and receives audio transmissions from the point-of-sale device, per at least Storiale ¶[0005]) such that a microphone of the receiver device may receive a sound-encoded transaction package from a sender device, such orientation necessitating some level of alignment between the microphone of the receiver device and speaker of a sender device.
It is additionally noted by the examiner that while the term “alignment” is read broadly in the previous and current rejections, an amendment reciting a specific alignment (e.g.: instructions guiding a user to aim a microphone of a receiver directly at a speaker of a sender device, per applicant’s Fig. 5A) would still be obvious, as one of ordinary skill in the art would find it obvious to do so in order to maximize the signal to noise ratio between intended and environmental noise, and therefore obvious for one of ordinary skill in the art to provide such instruction to an unskilled end user.
In response to applicant's argument that Dusan does not teach the claimed transaction-request workflow, the examiner notes that Dusan is not relied upon for such teachings. Rather, Dusan is relied upon to teach wherein a GUI may provide an animated indication of the direction sound travels from a remote speaker source (analogous to the sender-side speaker point of sale system of Storiale) to a user, in order to properly locate the sound source, such teachings being pertinent to the problem of alignment between the microphone of one device and speaker of a second device.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6-8, 10-14, 16-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Storiale et al (hereinafter Storiale), US-PG-PUB no. 2023/0186276 (previously cited) in view of Dusan et al (hereinafter Dusan), US-PG-PUB No. 2018/0199138.
Regarding claim 1, Storiale teaches a computer-implemented method, comprising:
receiving, at a receiver device, a peer-to-peer direct transaction request (A handheld receiver device of a user receives a request to initiate a transaction from a point-of-sale sender device.....¶[0005], lines 3-5) to initiate a peer-to-peer direct transaction involving exchange of sound signals between a sender device and the receiver device (Explained in detail throughout the body of this rejection of claim 1), the peer-to-peer direct transaction including exchange of data (Data exchanged via audial tones includes transaction information.....¶[0040], lines 16-21) directly between the sender device and the receiver device (The data is exchanged directly from the audio output of the sender device to the audio receiver of the receiver device.....¶[0040], lines 12-16) through a direct communication between the sender device and the receiver device (The audio transmission is a form of direct communication, although others (NFC, Bluetooth, etc) are additionally taught.....¶[0037], lines 7-10);
responsive to an attempt to establish the direct communication for the peer-to-peer direct transaction (The method, when executed as an application, attempts to establish direct communication.....¶[0070], lines 1-2), causing a graphical user interface (GUI.....¶[0070], line 7) of the receiver device to display one or more graphical elements (Shown in Fig. 2A of Storiale, an annotated version of which is provided below, graphical elements include that of a sender device (A left-side register device), receiver device (A right-side cellphone)) that guide a user to physically orient the receiver device such that a microphone of the receiver device aligns with a speaker of the sender device (Shown in Fig. 2A the GUI provides guidance to align the receiver device (including its microphone) in front of (a physical orientation with respect to the sender device) the speaker of the sender device.....¶[0071], lines 11-15, ¶[0076], lines 5-7), the one or more graphical elements comprising
(1) an alignment guidance prompting the user to position the receiver device in a physical orientation that aligns the microphone of the receiver device with the speaker of the sender device (Shown in Fig. 2A and explained immediately above, the text and graphics provide alignment guidance) and
(2) a distance indicator prompting the user with an estimated distance between the receiver device and the sender device (The GUI may instruct the user to hold the receiver device within a particular proximity of the sender device, such proximity being an estimated distance for effective transmission and detection of the audial tone communications.....¶[0071], lines 12-13);
causing the graphical user interface of the receiver device to display an indication to maintain the physical orientation and the estimated distance during the attempt to establish the direct communication (Shown in Fig. 2B are instructions to continue holding the device, maintaining it in the position (orientation and distance) indicated by Fig. 2A.....¶[0076], lines 5-7);
transmitting from the speaker of the sender device to the microphone of the receiver device (The receiver device receives the signal from the sender device, such interactions being performed with speakers and microphones.....¶[0078], lines 25-28, ¶[0034], lines 7-12), the sound signals (The receiver device receives transmitted sound signals.....¶[0078], lines 27-28) containing an encoded data package (The receiver device decodes the data package modulated within the sound, such decoding requiring it to be previously encoded.....¶[0078], line 40) associated with the peer-to-peer direct transaction (The decoded information is payment (transaction) information.....¶[0078], line 40);
causing the graphical user interface of the receiver device to display, during transmission of the sound signals (Fig. 2B is presented when a connection attempt (requiring transmission of the sound signals) is in progress.....¶[0073], lines 4-6, 23-26), an image of a sound wave progressing in a direction aligned with the depiction of the broadcast direction of the speaker of the sender device (The wave expands from the speaker towards the receiving device), the image indicating that the sound signals are being transmitted (The wave is indicative of a sound wave emitted by the speaker); and
causing the graphical user interface of the receiver device to transition (The application may update (transition) to the view shown in Fig. 3C.....¶[0082], lines 2-3), responsive to the sender device and the receiver device being connected through the sound signals (The view of Transaction View Fig. 3C is part of an ordered sequence of views, the first of which, Fig. 3A, confirms the pairing (connection) between the receiver and sender device.....¶[0077], lines 1-4, 22-26), into a transaction view (The view depicted in Fig. 3C is that of a transaction detail window.....¶[0082], lines 4-9), the transaction view displaying progress of the exchange (Shown in Fig. 3C is data received from an exchange with the sender device, indicating a completion (progress state) of the exchange.....¶[0079], lines 21-24) of the data (The data comprises transaction details provided to the receiver device by the sender device.....¶[0078], lines 9-12) in the direct communication between the sender device and the receiver device (The data is sent via encoded audial tone (direct communication).....¶[0079], lines 24-26).
Storiale fails to explicitly disclose an animation progressing in a direction aligned with a broadcast direction of the speaker of the sender device, the animation indicating that the sound signals are being transmitted, instead teaching a static image that depicts the speaker’s broadcast direction of sound signals.
Dusan teaches a method wherein a GUI of a mobile device displays an animation (Shown in Fig. 10D, a sound locator GUI comprising a rotating compass (an animated graphical element).....¶[0054], lines 17-19) progressing in a direction aligned (The sound locator GUI routinely updates, increasing and decreasing the size of bars shown in Fig. 10D (1010), with the largest bars (progressing the furthest from center screen) indicating alignment with a sound source.....¶[0068], lines 1-7, ¶[0069], lines 1-4) with a broadcast direction (The alignment previously stated is with the broadcast direction.....¶[0068], lines 1-7) of the speaker of the sender device (The sound detected is a specialized one emitted by a loudspeaker of an accessory device.....¶[0065], lines 6-8).
Storiale and Dusan are both considered to be analogous to the claimed invention because they are in the same field of GUIs for audio-based applications of display devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Storiale by Dusan to provide the advantage of a system capable of identifying the location of sound sources of interest (Dusan, ¶[0012], lines 1-3). This would make obvious the feature wherein the graphical user interface displays, as the sound signals are being transmitted, an animation progressing in a direction aligned with a broadcast direction of the speaker of the sender device, the animation indicating that the sound signals are being transmitted.
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Storiale Fig. 2A (Annotated)
Regarding claim 2, the combination of Storiale and Dusan, as explained above, teach the limitations of claim 1.
Storiale additionally teaches causing the graphical user interface to display a notification regarding the peer-to-peer direct transaction (Shown in Fig. 3B.....¶[0084], lines 9-14).
Regarding claim 3, the combination of Storiale and Dusan, as explained above, teach the limitations of claim 1.
Storiale additionally teaches causing the graphical user interface to display graphical elements representing a distance between the speaker of the sender device and the microphone of the receiver device (The GUI may instruct the user to hold the receiver device within a particular proximity of the sender device, representing the effective transmission distance from the speaker of the sender device to the microphone of the receiver device.....¶[0071], lines 12-13).
Regarding claim 4, the combination of Storiale and Dusan, as explained above, teach the limitations of claim 1.
Storiale additionally teaches causing the graphical user interface to display maintenance of the microphone of the receiver device within a predetermined distance to the speaker of the sender device to improve transmission of the sound signals (Shown in Figs. 4A and 4B, instructions are given by the GUI to activate the microphone and hold (maintain) it next to (within a predetermined distance) of the sender device to receive transmission of sound signals.....¶[0071], lines 12-13).
Regarding claim 6, the combination of Storiale and Dusan, as explained above, teach the limitations of claim 1.
Storiale additionally teaches causing the graphical user interface to display listening by the receiver device for sound signals that encode packages associated with transaction requests (Shown in Fig. 2B, “We are attempting to connect your device” in the context of an audio-based connection indicates the receiver device is listening for sound signals associated with transaction requests).
Regarding claim 7, the combination of Storiale and Dusan, as explained above, teach the limitations of claim 1.
Storiale additionally teaches causing the graphical user interface to display one or more graphical elements representing an interaction between the decoded package and a transaction service to process the peer-to-peer direct transaction (Shown in Fig. 4, the GUI displays the interaction between the transaction information (decoded package) and payment processor (transaction service).....¶[0084], lines 9-17).
Regarding claim 8, the combination of Storiale and Dusan, as explained above, teach the limitations of claim 7.
Storiale additionally teaches wherein the transaction service is a payment service (as explained in the rejection of claim 7, the transaction service is a payment processor).
Regarding claim 10, the combination of Storiale and Dusan, as explained above, teach the limitations of claim 1.
Storiale additionally discloses wherein the encoded package data associated with the peer-to-peer direct transaction request comprises a file format including a payment total (Shown in Fig. 3C, a payment total is part of the information received.....¶[0031], lines 7-15).
Regarding claim 11, the functions recited are the same as those of claim 1, and are similarly taught by the combination of Storiale and Dusan.
Regarding the additional limitations, Storiale additionally teaches a sender device (The point-of-sale sender device.....¶[0005], lines 3-5) configured to generate and transmit sound signals (The sender device generates and transmits sound to a receiver device.....¶[0078], lines 25-28, ¶[0034], lines 7-12) containing an encoded data package (The receiver device decodes the data package modulated within the sound, such decoding requiring it to be previously encoded as for audial transmission.....¶[0078], line 40) associated with a peer-to-peer direct transaction from a speaker of the sender device (Data exchanged via audial tones (between speakers and microphones) includes peer-to-peer transaction information.....¶[0040], lines 16-21), the sound signals being progressed in a direction aligned with a broadcast direction of the speaker of the sender device (Sound signals inherently progress in broadcast directions of the speakers they are broadcasted from).
Claim 12 is rejected under the same grounds as claim 2.
Claim 13 is rejected under the same grounds as claim 3.
Claim 14 is rejected under the same grounds as claim 4.
Claim 16 is rejected under the same grounds as claim 6.
Claim 17 is rejected under the same grounds as claim 7
Claim 18 is rejected under the same grounds as claim 8.
Claim 20 is rejected under the same grounds as claim 10.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Storiale
In view of Dusan in further view of Zhao, US-PG-PUB 2013/0301392 (previously cited).
Regarding claim 5, the combination of Storiale and Dusan, as explained above, teach the method of claim 1, but fail to teach wherein the sound signals comprise inaudible sound that is in a frequency range of human hearing.
Zhao teaches a method of transmitting encoded data via sound wherein the sound signals comprise inaudible sound (¶[0044], lines 1-2) that is in a frequency range of human hearing (The frequency range is 18kHz to 20kHz.....¶[0044], lines 8-9).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosures of Storiale and Dusan to incorporate the teachings of Zhao, and provide wherein the sound signals comprise inaudible sound that is in a frequency range of human hearing. This would provide the benefit of a system which will be inaudible to most humans, but compatible with standard electronic speakers and microphones (Zhao, ¶[0044], lines 1-4).
Claim 15 is rejected under the same grounds as claim 5.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Storiale
In view of Dusan in further view of Rogers, US-PG-PUB 2016/0314453 (previously cited).
Regarding claim 9, the combination of Storiale and Dusan, as explained above, teach the method of claim 1, but fail to explicitly teach the method by which the sound signals are modulated.
Rogers teaches a method of transmitting encoded payment data via sound wherein the sound signals are modulated using frequency-shift keying (¶[0142], lines 4-6).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Storiale and Dusan to incorporate the teachings of Rogers, and provide wherein the sound signals are modulated using frequency-shift keying. This would provide the benefit of a system which may use already-available techniques for encoding data within sound (Rogers, ¶[0142], lines 1-4).
Claim 19 is rejected under the same grounds as claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
MV51 Digital Large-Diaphragm Condenser Microphone [online]. Shure, 2020 and Quick Setup Guide | NS-DMIC190P/NS-DMIC190P-C [online]. Best Buy, 2015 both provide instructions to microphone users to align microphones with a sound source.
Ridihalgh et al, US-PG-PUB No. 2015/0382128, Sheaffer et al, US-PG-PUB No. 2019/0104359, and Maeng et al, US-PG-PUB No. 2021/0327447 all teach user interfaces for alignment of a portable microphone with sound output devices (including speakers).
A shortened statutory period for reply to this non-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 non-final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN RINEHART whose telephone number is (571)272-2778. The examiner can normally be reached M-F 10:00 AM - 6:00 PM ET.
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, Ahmad Matar can be reached on (571) 272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN RINEHART/Examiner, Art Unit 2694
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit 2693
