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 the Claims
Claims 1-4 and 6-21 are presented for examination. Applicant filed a response to a non-final Office action on 12/30/2025 amending claims 1-3, 10-12, 16-17, and 20; canceling claim 5; and adding new claim 21. In light of Applicant’s amendments, Examiner has withdrawn the previous objections of claims 1-3, 10-12, 16-17, and 20; and the previous § 101 rejection of claims 1-4 and 6-20. Examiner has, however, established new objection to claim 1, maintained the previous objection of claim 18, established new § 101 rejection for claims 1-4 and 6-21, and maintained the previous grounds of § 103 rejection for claims 1-4 and 6-21, in the instant Office action. Since the new § 101 rejection was necessitated by Applicant’s amendments, and Examiner has maintained the previous grounds of § 103 rejection for claims 1-4 and 6-21, the instant rejection of claim 1-4 and 6-21 is FINAL rejection of the claims.
Examiner’s Remarks
Patent Eligibility under § 101:
Applicant argues in pages 15 and 17 of Applicant’s Remarks that “claim 1 integrates the abstract idea into a practical application” and “claim 1 includes ‘significantly more.’” Examiner respectfully disagrees. Applicant’s claimed limitations of claim 1 are recited in high level of abstraction lacking details and specifics of any technological solution to a problem of technology. As such, claim 1 does not integrate the abstract idea into a practical application, nor does it include significantly more.
Prior Art under § 103:
Applicant argues in pages 21-22 of Applicant’s Remarks:
Chen is directed to authenticating a transaction or interaction of a user that uses time based risk analysis. Chen, Abstract, paragraph [0004]. With respect to claim 5, the Non-Final Office Action cites Chen as showing that "the user device application is further configured to measure a duration of a presence of the contactless card in the communication field." Non-Final Office Action, page 18, citing Chen, paragraph [0040]. However, Chen describes the generation of time units upon receiving power or a current from a battery component and using the time units during a transaction to determine the number of time units that have passed since the initialization of the user device (which can be a payment card) . . .
Applicant submits that the description by Chen of generating time units based on the receipt of power or a current from a battery unit and determining the number of time units that have passed since a user device was initialized does not teach or suggest the user device application is configured to "measure a first duration of the presence of the first entry of the contactless card in the communication field," as recited by claim 1.
Examiner respectfully disagrees. Chen specifically shows:
[0038] FIG 2 depicts a number of components that may be involved in a system used to implement at least dome embodiments of the disclosure. FIG. 2 includes a modified user device (e.g., payment card) 200 that includes an authentication component 202 communicatively couple to a clock component, and a battery component 206. [].
[0040] In embodiments, the clock component 204 may be configured to generate time units upon receiving power or a current from the battery component 206. In accordance with at least one embodiment, the authentication component 202 may store and maintain the time stamp information (tO) as well as an initial time unit value (uO) generated by the clock component 204 that corresponds to the personalization/initialization process described herein []. During a transaction the authentication component 202 may obtain the current time units generated by the clock component 204 (ul) and determine the number of time units that have passed since the initialization of the modified user device (e.g., payment card) 200 by subtracting ul from uO (e.g., ul-u0). [].
Thus, Chen shows that user device comprises number of components (including a battery and a clock components) that implement the measuring the time duration based on difference in time unit information where initial time stamp information tO corresponds to time unit value uO (and later time stamp information t1 corresponds to time unit value u1). Thus, Chen teaches that the user device application is further configured to measure a duration of a presence of the contactless card in the communication field.
Claim Objections
Claim 1 is objected to because of the following informality: There should be a semi-colon after the “transmit” limitation to separate it from the following “measure” limitations. Applicant should amend claim 1 to recite:
transmit, over the communication field, a first time datum to the contactless card[[,]];
measure a first duration of the presence of the first entry of the contactless card in the communication field;
Claim 18 is objected to because of the following informality: There should be the words “amount of” between the words “the” and “time.” Applicant should amend claim 18 to recite:
. . . wherein the method further comprises providing, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, a haptic feedback on the user device.
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.
Claims 1-4 and 6-21 are rejected under 35 USC § 101 because they are directed to non-statutory subject matter. The rationale for this finding is explained below.
The Supreme Court in Mayo laid out a framework for determining whether an applicant is seeking to patent a judicial exception itself or a patent-eligible application of the judicial exception. See Alice Corp., 134 S. Ct. at 2355,110 USPQ2d at 1981 (citing Mayo, 566 U.S. 66, 101 USPQ2d 1961). This framework, which is referred to as the Mayo test or the Alice/Mayo test (“the test”), is described in detail in Manual of Patent Examining Procedure (”MPEP”) (see MPEP § 2106(III) for further guidance). The step 1 of the test: It need to be determined whether the claims are directed to a patent eligible (i.e., statutory) subject matter under 35 USC § 101. Step 2A of the test: If the claims are found to be directed to a statutory subject matter, the next step is to determine whether the claims are directed to a judicial exception i.e., law of nature, natural phenomenon, and abstract idea (Prong 1). If the claims are found to be directed to an abstract idea, it needs to be determined whether the claims recite additional elements that integrate the judicial exception into a practical application (Prong 2). Step 2B of the test: If the claims are directed to a judicial exception, the next and final step is to determine whether the claims recite additional elements that amount to significantly more than the judicial exception.
Step 1 of the Test:
When considering subject matter eligibility under 35 USC § 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. Here, the claimed invention of claims 1-4 and 6-9 is a system, and, thus, one of the statutory categories of invention. Further, the claimed invention of claims 10-19 is a series of steps, which is method (i.e., a process), which is also one of the statutory categories of invention. Still further, the claimed invention of claims 20-21 is a non-transitory computer readable medium which is also one of the statutory categories of invention.
Conclusion of Step 1 Analysis: Therefore, claims 1-4 and 6-21 are statutory under 35 USC § 101 in view of step 1 of the test.
Step 2A of the Test:
Prong 1: Claims 1-4 and 6-21, however, recite an abstract idea of performing, upon determining that the time that has passed between the first time datum and the second time datum is within the predetermined time period, an action. The creation of perform, upon determining that the time that has passed between the first time datum and the second time datum is within the predetermined time period, an action, as recited in the independent claims 1, 10, and 20, belongs to certain methods of organizing human activity (i.e., managing personal behavior of people) that are found by the courts to be abstract ideas. The limitations in independent claims 1, 10, and 20, which set forth or describe the recited abstract idea, are found in following steps:
“after a first entry of the contactless card into a communication field, read the card memory” (claim 1);
“clear the card memory” (claim 1);
“measure a first duration of the presence of the first entry of the contactless card in the communication field” (claim 1);
“after a second entry of the contactless card into the communication field, read the first time datum from the contactless card” (claim 1);
“compare the first time datum with a current counter value” (claim 1);
“clear the card memory” (claim 1);
“measure a second duration of the presence of the second entry of the contactless card in the communication field” (claim 1);
“determine if an amount of time that has passed between the first time datum and the second time datum is within a predetermined time period” (claim 1);
“perform, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, an action” (claim 1);
“opening a communication field” (claim 10);
“after a first entry of a contactless card into the communication field, reading a card memory” (claim 10);
“clearing the card memory” (claim 10);
“measuring, by the user device application, a first duration of the presence of the first entry of the contactless card in the communication field” (claim 10);
“after a second entry of the contactless card into the communication field, reading the first time datum from the card memory” (claim 10);
“comparing the first time datum with a current counter value” (claim 10);
“clearing the card memory” (claim 10);
“measuring a second duration of the presence of the second entry of the contactless card in the communication field” (claim 10);
“determining if an amount of time that has passed between the first time datum and the second time datum is within a predetermined time period” (claim 10);
“performing, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, an action” (claim 10);
“opening a communication field” (claim 20);
“after a first entry of a contactless card into the communication field, reading a card memory associated with the contactless card” (claim 20);
“clearing the card memory” (claim 20);
“measuring a first duration of the presence of the first entry of the contactless card in the communication field” (claim 20);
“after a second entry of the contactless card into the communication field, reading the first time datum from the card memory” (claim 20);
“comparing the first time datum with a current counter value” (claim 20);
“clearing the card memory” (claim 20);
“determining if an amount of time that has passed between the first time datum and the second time datum is within a predetermined time period” (claim 20); and
“performing, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, an action” (claim 20).
Prong 2: In addition to abstract steps recited above in Prong 1, independent claims 1, 10, and 20, recite additional elements:
“a contactless card comprising a card memory” (claim 1);
“a user device application comprising instructions for execution on a user device comprising a memory and a processor” (claim 1);
“a user device application comprising instructions for execution on a user device” (claim 10);
“a card memory” (claim 10);
“a non-transitory computer readable medium containing computer executable instructions that, when executed by a device comprising a processor, configure the device to perform procedures” (claim 20); and
“a card memory associated with a contactless card” (claim 20).
These additional elements are recited at a high level of generality (i.e., as a generic processor performing a generic computer functions) such that they amount to no more than mere instructions to apply the exception using a generic computer components. Also, the following additional limitations recite insignificant extra solution activity (for example, data gathering):
“transmitting, over the communication field, a first time datum to the contactless card” (claims 1, 10, and 20); and
“transmitting a second time datum to the contactless card” (claims 1, 10, and 20).
These additional elements/limitations do not integrate the abstract idea into a practical application because they do not impose a meaningful limit on the judicial exception. The additional elements/limitations of independent claims 1, 10, and 20, here do not render improvements to the functioning of a computer or to any other technology or technical field (see MPEP § 2106.05(a)), nor do they integrate the abstract idea into a practical application under MPEP § 2106.05(b) (particular machine); MPEP § 2106.05(c) (particular transformations); or MPEP § 2106.05(e) (other meaningful limitations). Further, the combination of these additional elements/limitations is no more than mere instructions to apply the exception using a generic device. Accordingly, even in combination, these additional elements/limitations do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Conclusion of Step 2A Analysis: Therefore, independent claims 1, 10, and 20, are non-statutory under 35 USC § 101 in view of step 2A of the test.
Step 2B of the Test: The additional elements of independent claims 1, 10, and 20, (see above under Step 2A – Prong 2) are well-understood, routine, and conventional elements that amount to no more than implementing the abstract idea with a computerized system. The Applicant’s Specification describes these additional elements in following terms:
[0028] FIG. 1 illustrates a system 100 according to an exemplary embodiment. The system 100 may comprise a user device 110, a card 120, a payment information processor 130, a network 140, a database 150, and a server 160. Although Figure 1 illustrates single instances of components of system 100,system 100 may include any number of components.
[0029] System 100 may include a user device 110. The user device 110 may be a network-enabled computer device. Exemplary network-enabled computer devices include, without limitation, a server, a network appliance, a personal computer, a workstation, a phone, a handheld personal computer, a personal digital assistant, a thin client, a fat client, an Internet browser, a mobile device, a kiosk, a contactless card, an automatic teller machine (ATM), or other a computer device or communications device. For example, network-enabled computer devices may include an iPhone, iPod, iPad from Apple® or any other mobile device running Apple's iOS® operating system, any device running Microsoft's Windows® Mobile operating system, any device running Google's Android® operating system, and/or any other smartphone, tablet, or like wearable mobile device. A wearable smart device can include without limitation a smart watch.
[0030] The user device 110 may include a processor 111, a memory 112, and an application 113. The processor 111 may be a processor, a microprocessor, or other processor, and the user device 110 may include one or more of these processors. The processor 111 may include processing circuitry, which may contain additional components, including additional processors, memories, error and parity/CRC checkers, data encoders, anti-collision algorithms, controllers, command decoders, security primitives and tamper-proofing hardware, as necessary to perform the functions described herein.
[0031] The processor 111 may be coupled to the memory 112. The memory 112 may be a read-only memory, write-once read-multiple memory or read/write memory, e.g., RAM, ROM, and EEPROM, and the user device 110 may include one or more of these memories. A read-only memory may be factory programmable as read-only or one-time programmable. One-time programmability provides the opportunity to write once then read many times. A write-once read- multiple memory may be programmed at one point in time. Once the memory is programmed, it may not be rewritten, but it may be read many times. A read/write memory may be programmed and re-programed many times after leaving the factory. It may also be read many times. The memory 112 may be configured to store one or more software applications, such as the application 113, and other data, such as user's private data and financial account information.
This is a description of general-purpose computer. Further, the additional limitations of "transmitting" information amount to no more than mere instructions to apply the exception using generic computer components. For the same reason these limitations are not sufficient to provide an inventive concept. The additional limitations of “transmitting” information were considered as insignificant extra-solution activity in Step 2A – Prong 2. Re-evaluating here in Step 2B, they are also determined to be well-understood, routine, and conventional activity in the field. Similarly to OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network), and buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network), the additional elements of independent claims 1, 10, and 20, transmit data over a network in a merely generic manner. The courts have recognized “transmitting” information function as well-understood, routine and conventional when claimed in a merely generic manner. Therefore, the additional elements of independent claims 1, 10, and 20, are well-understood, routine, and conventional. Further, taken as combination, the additional elements add nothing more than what is present when the elements are considered individually. There is no indication that the combination provides any effect regarding the functioning of the computer or any improvement to another technology.
Conclusion of Step 2B Analysis: Therefore, independent claims 1, 10, and 20, are non-statutory under 35 USC § 101 in view of step 2B of the test.
Dependent Claims: Dependent claims 2-4 and 6-9 depend on independent claim 1; dependent claims 11-19 depend on independent claim 10; and dependent claim 21 depend on independent claim 20. The elements in dependent claims 2-4, 6-9, 11-19, and 21, which set forth or describe the abstract idea, are:
“the user device application, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, is further configured to provide a visual feedback on a display of the user device regarding a status of the communication with the contactless card” (claim 2: further narrowing the recited abstract idea);
“the user device application, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, is further configured to provide a haptic feedback on the user device regarding a status of the communication with the contactless card” (claim 3: further narrowing the recited abstract idea);
“the user device application is configured to determine a number of interactions between the contactless card and the user device within the predetermined time period” (claim 4: further narrowing the recited abstract idea);
“the predetermined time period is adjustable by a user via the user device” (claim 6: further narrowing the recited abstract idea);
“the contactless card further comprises a display element” (claim 7: further narrowing the recited abstract idea);
“the contactless card is configured to activate the display element upon entering the communication field” (claim 8: further narrowing the recited abstract idea);
“the display element is activated when the action is performed” (claim 9: further narrowing the recited abstract idea);
“after a third entry of the contactless card into the communication field, reading, by the user device application, the second time datum from the card memory; comparing, by the user device application, the second time datum with an updated current counter value; clearing, by the user device application, the card memory; transmitting, by the user device application, a third time datum to the contactless card; measuring, by the user device application, a third duration of the presence of the third entry of the contactless card in the communication field; determining, by the user device application, if the amount of time that has passed between the second time datum and the third time datum is within the predetermined time period; and performing, by the user device application upon determining that the amount of time that has passed between the second time datum and the third time datum is within the predetermined time period, the action” (claim 11: further narrowing the recited abstract idea, except “transmitting” is insignificant extra solution activity);
“the method further comprises determining, by the user device application, a speed of the contactless card based on the amount of time that has passed between the first time datum and the second time datum” (claim 12: further narrowing the recited abstract idea);
“the method further comprises adjusting, by the user device application, the predetermined time period dynamically based at least on one or more user historical data” (claim 13: further narrowing the recited abstract idea);
“the first time datum and the second time datum are each counter values” (claim 14: further narrowing the recited abstract idea);
“the method further comprises storing, by the user device application, the first time datum and the second time datum in a database” (claim 15: further narrowing the recited abstract idea);
“storing, by the user device application, the second time datum in a database; after a third entry of the contactless card into the communication field, reading, by the user device application, a second contactless card datum from the card memory; comparing, by the user device application, the third time datum with the second time datum; determining, by the user device application, if an amount of time that has passed between the second time datum and the third time datum is within the predetermined time period; and performing, by the user device application upon determining that the amount of time that has passed between the second time datum and the third time datum is within the predetermined time period, the action” (claim 16: further narrowing the recited abstract idea, except “storing” is insignificant extra solution activity);
“the method further comprises displaying, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, a visual feedback on a display of the user device” (claim 17: further narrowing the recited abstract idea);
“the method further comprises providing, upon determining that the time that has passed between the first time datum and the second time datum is within the predetermined time period, a haptic feedback on the user device” (claim 18: further narrowing the recited abstract idea);
“the method further comprises detecting one or more motions made by the contactless card within the communication field” (claim 19: further narrowing the recited abstract idea); and
“measuring the first duration of the presence of the first entry of the contactless card in the communication field comprises: tracking a first entry time of the first entry, tracking a first exit time of the first entry, and calculating a time difference between the first entry time and the first exit time; and measuring the second duration of the presence of the second entry of the contactless card in the communication field comprises: tracking a second entry time of the second entry, tracking a second exit time of the second entry, and calculating a time difference between the second entry time and the second exit time” (claim 21: further narrowing the recited abstract idea).
Conclusion of Dependent Claims Analysis: Dependent claims 2-4, 6-9, 11-19, and 21, do not correct the deficiencies of independent claims 1, 10, and 20, and they are, thus, rejected on the same basis.
Conclusion of the 35 USC § 101 Analysis: Therefore, claims 1-4 and 6-21 are rejected as directed to an abstract idea without “significantly more” under 35 USC § 101.
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 § 102 of this title, 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, 6-12, 14-16, and 20-21, are rejected under 35 U.S.C. § 103 as being unpatentable over Chen (WO 2020/007186 A1) in view of Sarbin (US 5,179,517).
As to Independent Claims 1, 10, and 20
Chen shows:
a contactless card comprising a card memory, and a user device application comprising instructions for execution on a user device comprising a memory and a processor (Chen: page 12, ¶ 38), wherein the user device application is configured to:
open a communication field (Chen: page 10, ¶ 32; and page 12, ¶ 38);
after a first entry of the contactless card into a communication field, read the card memory (Chen: page 10, ¶ 32; page 12, ¶ 38; page 13, ¶ 39; and pages 13-14, ¶ 40);
transmit, over the communication field, a first time datum to the contactless card (Chen: page 14, ¶ 41);
measure a first duration of the presence of the first entry of the contactless card in the communication field (Chen: page 12, ¶ 38; and pages 13-14, ¶ 40);
after a second entry of the contactless card into the communication field, read the first time datum from the contactless card (Chen: page 12, ¶ 38; and page 15, ¶ 43);
compare the first time datum with a current counter value (Chen: pages 14-15, ¶ 42); transmit a second time datum to the contactless card (Chen: page 15, ¶ 43);
measure a second duration of the presence of the second entry of the contactless card in the communication field (Chen: page 12, ¶ 38; and pages 13-14, ¶ 40);
determine if an amount of time that has passed between the first time datum and the second time datum is within a predetermined time period (Chen: page 15, ¶ 43); and
perform, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, an action (Chen: pages 1-2, ¶ 4; and page 15, ¶ 43).
Chen does not show:
clearing the card memory.
Sarbin shows:
clearing the card memory (Sarbin: col. 8, lines 63-65; and col. 9, lines 1-2).
Motivation to combine Chen and Sarbin:
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system, the method, and the non-transitory computer-readable medium of Chen by clearing the card memory of Sarbin in order to increase the security (Sarbin: col. 2, line 46).
As to claim 4: Chen in view of Sarbin shows all the elements of claim 1. Chen also shows that the user device application is configured to determine a number of interactions between the contactless card and the user device within the predetermined time period (Chen: page 15, ¶ 43).
As to claim 6: Chen in view of Sarbin shows all the elements of claim 1. Chen also shows that the predetermined time period is adjustable by a user via the user device (Chen: page 13, ¶ 39).
As to claim 7: Chen in view of Sarbin shows all the elements of claim 1. Chen also shows that the contactless card further comprises a display element (Chen: page 17, ¶ 46).
As to claim 8: Chen in view of Sarbin shows all the elements of claim 7. Chen also shows that the contactless card is configured to activate the display element upon entering the communication field (Chen: pages 12-14, ¶¶ 38-40; and page 17, ¶ 46).
As to claim 9: Chen in view of Sarbin shows all the elements of claim 8. Chen also shows that the display element is activated when the action is performed (Chen: pages 12-14, ¶¶ 38-40; and page 17, ¶ 46).
As to claim 11: Chen in view of Sarbin shows all the elements of claim 10. Chen also shows that after a third entry of the contactless card into the communication field, reading, by the user device application, the second time datum from the card memory (Chen: page 12, ¶ 38; and page 15, ¶ 43); comparing, by the user device application, the second time datum with an updated current counter value (Chen: pages 14-15, ¶ 42); transmitting, by the user device application, a third time datum to the contactless card (Chen: page 15, ¶ 43); determining, by the user device application, if the amount of time that has passed between the second time datum and the third time datum is within the predetermined time period (Chen: page 15, ¶ 43); and performing, by the user device application upon determining that the amount of time that has passed between the second time datum and the third time datum is within the predetermined time period, the action (Chen: pages 1-2, ¶ 4; and page 15, ¶ 43). Chen does not show clearing the card memory. Sarbin shows clearing the card memory (Sarbin: col. 8, lines 63-65; and col. 9, lines 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system, the method, and the non-transitory computer-readable medium of Chen by clearing the card memory of Sarbin in order to increase the security (Sarbin: col. 2, line 46).
As to claim 12: Chen in view of Sarbin shows all the elements of claim 10. Chen also shows determining, by the user device application, a speed of the contactless card based on the amount of time that has passed between the first time datum and the second time datum (Chen: pages 1-2, ¶ 4; and page 15, ¶ 43).
As to claim 14: Chen in view of Sarbin shows all the elements of claim 10. Chen also shows that the first time datum and the second time datum are each counter values (Chen: pages 14, ¶ 41; and page 15, ¶ 43).
As to claim 15: Chen in view of Sarbin shows all the elements of claim 10. Chen also shows storing, by the user device application, the first time datum and the second time datum in a database (Chen: page 15, ¶ 43).
As to claim 16: Chen in view of Sarbin shows all the elements of claim 10. Chen also shows storing, by the user device application, the second time datum in a database (Chen: page 15, ¶ 43); after a third entry of the contactless card into the communication field, reading, by the user device application, a second contactless card datum from the card memory (Chen: page 12, ¶ 38; and page 15, ¶ 43); comparing, by the user device application, the third time datum with the second time datum (Chen: page 15, ¶ 43); determining, by the user device application, if an amount of time that has passed between the second time datum and the third time datum is within the predetermined time period (Chen: page 15, ¶ 43); and performing, by the user device application upon determining that the amount of time that has passed between the second time datum and the third time datum is within the predetermined time period, the action (Chen: pages 1-2, ¶ 4; and page 15, ¶ 43).
As to claim 21: Chen in view of Sarbin shows all the elements of claim 20. Chen also shows that measuring the first duration of the presence of the first entry of the contactless card in the communication field comprises: tracking a first entry time of the first entry, tracking a first exit time of the first entry, and calculating a time difference between the first entry time and the first exit time (Chen: pages 13-14, ¶ 40); and measuring the second duration of the presence of the second entry of the contactless card in the communication field comprises: tracking a second entry time of the second entry, tracking a second exit time of the second entry, and calculating a time difference between the second entry time and the second exit time (Chen: page 12, ¶ 38; and pages 13-14, ¶ 40).
Claims 2-3 and 17-19 are rejected under 35 U.S.C. § 103 as being unpatentable over Chen in view of Sarbin, and further in view of Gleeson (US 2019/0339804 A1).
As to claim 2: Chen in view of Sarbin shows all the elements of claim 1. Chen in view of Sarbin does not show that the user device application, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, is further configured to provide a visual feedback on a display of the user device regarding a status of the communication field with the contactless card. Gleeson shows that the user device application, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, is further configured to provide a visual feedback on a display of the user device regarding a status of the communication field with the contactless card (Gleeson: pages 30-31, ¶ 300; and page 41, ¶ 358). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Chen in view of Sarbin by the user device application, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, being further configured to provide a visual feedback on a display of the user device regarding a status of the communication field with the contactless card of Gleeson in order to provide user interfaces that are more efficient and intuitive for a user (Gleeson: page 1, ¶ 4).
As to claim 3: Chen in view of Sarbin shows all the elements of claim 1. Chen in view of Sarbin does not show that the user device application, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, is further configured to provide a haptic feedback on the user device regarding a status of the communication field with the contactless card. Gleeson shows that the user device application, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, is further configured to provide a haptic feedback on the user device regarding a status of the communication field with the contactless card (Gleeson: page 74, ¶ 513). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Chen in view of Sarbin by the user device application, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, being further configured to provide a haptic feedback on the user device regarding a status of the communication field with the contactless card of Gleeson in order to provide user interfaces that are more efficient and intuitive for a user (Gleeson: page 1, ¶ 4).
As to claim 17: Chen in view of Sarbin shows all the elements of claim 10. Chen in view of Sarbin does not show displaying, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, a visual feedback on a display of the user device. Gleeson shows displaying, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, a visual feedback on a display of the user device (Gleeson: pages 30-31, ¶ 300; and page 41, ¶ 358). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Chen in view of Sarbin by displaying, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, a visual feedback on a display of the user device. of Gleeson in order to provide user interfaces that are more efficient and intuitive for a user (Gleeson: page 1, ¶ 4).
As to claim 18: Chen in view of Sarbin shows all the elements of claim 10. Chen in view of Sarbin does not show providing, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, a haptic feedback on the user device. Gleeson shows providing, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, a haptic feedback on the user device (Gleeson: page 74, ¶ 513). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Chen in view of Sarbin by providing, upon determining that the amount of time that has passed between the first time datum and the second time datum is within the predetermined time period, a haptic feedback on the user device of Gleeson in order to provide user interfaces that are more efficient and intuitive for a user (Gleeson: page 1, ¶ 4).
As to claim 19: Chen in view of Sarbin shows all the elements of claim 10. Chen in view of Sarbin does not show detecting one or more motions made by the contactless card within the communication field. Gleeson shows detecting one or more motions made by the contactless card within the communication field (Gleeson: pages 12-13, ¶ 109). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Chen in view of Sarbin by detecting one or more motions made by the contactless card within the communication field of Gleeson in order to provide user interfaces that are more efficient and intuitive for a user (Gleeson: page 1, ¶ 4).
Claim 13 is rejected under 35 U.S.C. § 103 as being unpatentable over Chen in view of Sarbin, and further in view of Yi (CN 109919470 A).
As to claim 13: Chen in view of Sarbin shows all the elements of claim 10. Chen in view of Sarbin does not show adjusting, by the user device application, the predetermined time period dynamically based at least on one or more user historical data. Yi shows adjusting, by the user device application, the predetermined time period dynamically based at least on one or more user historical data page(Yi: page 7, lines 19-26: “In a specific implementation process, is determined after adjusting the shop, firstly counting the distribution times of the information of each shop. in the statistical information of each shop of distribution times process, firstly obtaining the historical distribution data of the information of the first predetermined time period. wherein the specific setting mode of the present embodiment does not limit the first preset time period, e.g., a first preset period can be automatically set by the system, also can through the corresponding input interface for maintenance personnel to input time parameter. the system automatically set first preset time in the process, it can adopt the default setting mode (e.g., 15 days), information (e.g., complaint suggestion information, consulting information, etc.) store docking also can according to the platform obtains the feedback of the determined or dynamically adjusts the first predetermined time period.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Chen in view of Sarbin by adjusting, by the user device application, the predetermined time period dynamically based at least on one or more user historical data of Yi in order to facilitating timing counting shop to be adjusted within a first predetermined time period (Yi: page 7, line 14).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sumanjeet, "Emergence of payment systems in the age of electronic commerce: The state of art," 2009 First Asian Himalayas International Conference on Internet, Kathmundu, Nepal, 2009, pp. 1-18.
Applicant's amendment necessitated the new grounds 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 extension fee 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 date of this final action.
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/VIRPI H KANERVO/Primary Examiner, Art Unit 3691
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