“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 12/15/2025. Please note claims 1-20 remain in the application.
In response to the amendments filed to claims 1, 11, 8, and 18, the previous rejections under 35 U.S.C 112(b) has been withdrawn.
Response to Arguments
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive. On page 9, line 20 of applicant remarks, applicant argues that Storiale et al (US-PG-PUB 2023/0186276, previously cited) fails to teach a GUI providing alignment guidance, distance indication, maintenance feedback, transaction progress visualization, and peer-to-peer transactions. In fact, Storiale does teach these elements. Shown in Fig. 2A (an excerpt of which is included below) and further detailed in the rejection below, is a GUI screen providing alignment guidance (The sending device (cash register, left) has its audio output (represented by an image of a sound wave to the right of the cash register) facing the receiving device (phone, right), such that the microphone of the receiving device, is in the path (aligned with) the sending device’s sound signals), an estimated distance indicator (A required proximity between devices may be displayed, such proximity being the estimated distance for effective communication, as recited in applicant paragraph [0056] and shown in applicant drawing 2A…..¶[0071], lines 12-13), maintenance feedback indication (Shown in Fig. 2B, a user is instructed to continue holding the receiving device next to the sending device, maintaining the position) , as well as transaction progress visualization (Fig. 4, symbol (402) explicitly shows a progress wheel as the transaction is completed, Fig. 5 shows a “transaction complete” screen, and Figs. 3A, 3B, and 3C all show stages of transaction progression, all of which are considered by the examiner to be “transaction views” as the term is absent in the specification, and the applicant has not indicated the specific “transaction view” of the disclosure in their remarks).
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Storiale, Fig. 2A (Excerpt)
Storiale additionally teaches wherein the method may be used for digital credit card payments and cryptocurrency transactions (Storiale, ¶[0046], lines 27-32), methods of peer-to-peer direct transactions as disclosed in applicant’s specification, ¶[0025].
Applicant’s remaining arguments with respect to claims 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 1 and 11 are objected to because of the following informalities:
Claim 1, line 26 recites “transaction view” and should recite “the transaction view.”
Claim 11, line 38 recites “transaction view” and should recite “the transaction view.” Appropriate correction is required.
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, 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 a peer-to-peer direct transaction (Digital credit card or cryptocurrency wallet transaction, methods of P2P transactions as defined in ¶[0025] of applicant’s specification.....¶[0046], lines 26-30) request (A computer-implemented method receives a request to initiate a transaction.....¶[0005], lines 3-5) to initiate a peer-to-peer direct
transaction (¶[0005], lines 3-5) involving exchange of sound signals (A point of sale system may broadcast audial tones (sound signals) to user devices.....¶[0035], lines 5-6) between a sender device and a receiver device (The point of sale system and user device are sender and receiver devices, respectively), the peer-to-peer direct transaction including an exchange of data (The 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 (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 (an annotated version of which is shown below), graphical elements include that of a sender device, receiver device) to guide a user to align the receiver device in a physical orientation that aligns a microphone of the receiver device 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 graphical elements comprising (1) an alignment guidance prompting a user to position the receiver device in the physical orientation (Shown in Fig. 2A and explained immediately above, the text and graphics provide alignment guidance) and
(2) a distance indicator prompting the user on 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 to display an indication of maintenance of the physical orientation and the distance (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 the sound signals (The receiver device receives transmitted sound signals.....¶[0078], lines 27-28) that contain 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) through 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); and
causing the graphical user interface to display, as the sound signals are being transmitted (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 (Shown in annotated Fig. 2A below) progressing in a direction that aligns with the depiction of the speaker's broadcast direction of the sound signals (The wave expands from the speaker towards the receiving device), the image suggesting the sound signals are being transmitted (The wave is representative of a sound wave emitted by the speaker);
causing the graphical user interface to transition (The application may update (transition) to the view shown in Fig. 3C.....¶[0082], lines 2-3) into a transaction view (The view depicted in Fig. 3C is that of a transaction detail window.....¶[0082], lines 4-9) responsive to the sender device and the receiver device being connected through the sound signals (The view of 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), the transaction view displaying a 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 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 that aligns with the speaker’s broadcast direction of the sound signals, 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 that aligns (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 speaker’s broadcast direction (The alignment previously stated is with the broadcast direction.....¶[0068], lines 1-7) of sound signals (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 that aligns with the speaker's broadcast direction of sound signals (Dusan, ¶[0012], lines 1-3).
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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.
Regarding the additional limitations, Storiale additionally teaches wherein sound signals of the sender device progress in a direction that aligns with the speaker's (of the sender device) broadcast direction of the sound signals (An inherent property of broadcasting sound signals in any direction).
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.
Chirp + PayPal [online]. Medium.com, 2018, details a software development kit used to facilitate PayPal peer-to-peer digital transactions via a data-over-sound interface.
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 SEAN RINEHART whose telephone number is (571)272-2778. The examiner can normally be reached M-F 10-6 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, Fan Tsang can be reached on (571) 272-7547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN M RINEHART/Examiner, Art Unit 2694 /FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694