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 .
Application Continuity
This application is a continuation (CON) of U.S. application 17/990,972, now US Patent 11,893,596, which is a CON of 14/408,199 or US patent 11,538,055.
Terminal Disclaimer
The terminal disclaimer filed 07/14/25 is proper and has been recorded.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/17/26 has been entered.
Response to Amendment
1) Claims amended:
(1) Independent claims: 1.
(2) Dependent claims: 2-11.
2) Claims new: 21-28.
Claim Status
Claims 1-11 and 21-28 are pending. They comprising of 3 groups:
1) Method1: 1-10, and
* Article1: 11, and
3) Method2: 21-24, and
* Article2: 25, and
5) System3: 26-27, and
* Article3: 28.
As of 01/17/26, independent claim 1 is as followed:
1. (Currently Amended) A method of improving security and accuracy of a verification of a credit card transaction by linking sensors to digital payment gateways using a sequence of hardware interactions that rely on merchant point of sale (POS) hardware and web enabled mobile computing device hardware, the method comprising:
[1] receiving information, from one or more sensors in communication with merchant point of sale (POS) hardware at a retail brick and mortar geolocation of a merchant, for the credit card transaction with the merchant that is conducted on an account issued to an account holder, wherein the information for the credit card transaction is derived from:
interchange data for setting an interchange rate for the credit card transaction on the account of the account holder;
card not present indication for the credit card transaction;
the geolocation of the merchant point of sale (POS) hardware of the merchant at which the credit card transaction was conducted;
[2] geolocating a web enabled mobile computing device that:
has a wireless communication technology to wirelessly communicate information stored therein; and
stores an identifier for the account on which the credit card transaction was conducted,
and
an interchange center system within an interchange center to provide:
on-line and off-line transaction processing for issuers and acquirers;
and
a system for clearing and settlement that and settles previously authorized transactions, wherein a bridge forms an interchange between clearing and settlement system and associated processing centers for authorization and clearing of the transactions;
[3] ascertaining that tangible medium including the account of the account holder was physically present when the credit card transaction was conducted by using at least one of:
the interchange data for setting an interchange rate for the credit card transaction;
the card not present indication derived from the information for the credit card transaction; and
the wireless communications with the web enabled mobile computing device; and for the ascertained web enabled mobile computing device:
[4] receiving information for the credit card transaction including the date and the time, a currency amount, and an identifier for the merchant;
and
for the credit card transaction for which the date and time of the credit card transaction are within a predetermined time period:
and
for each said identifier for the merchant:
[5] deriving the sum of the currency amounts;
[6] using the identifier for the merchant to access a database to retrieve:
the logical address for the merchant corresponding to the identifier for the merchant;
a business rule for making a contribution corresponding to a donor identifier having a logical address, wherein in the contribution is a function, at least in part, of the sum of the currency amounts;
and
[7] deriving, using the business rule and the sum of the currency amounts, the contribution for the predetermined time period.
Note: for referential purpose, numerals [1]-[7] are added to the beginning of each element.
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 1-11 and 21-28 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1: when considering subject matter eligibility under 35 U.S.C. § 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e.,
(1) process,
(2) machine,
(3) manufacture or product, or
(4) composition of matter.
Step 2A, Prong 1: If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception, i.e.,
1) law of nature,
2) natural phenomenon, and
3) abstract idea.
and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself. Examples of abstract ideas include:
(1) Mathematical concepts -- mathematical relationships, mathematical formulas or equations, and mathematical calculations;
(2) Mental processes—concepts performed in the human mind (including an observation, evaluation, judgment, and opinion).
(3) Certain methods of organizing human activities.
(i) fundamental economic principles or practices (including hedging, insurance, mitigating risk);
(ii) commercial or legal interactions (including agreements in the form of contracts; Legal obligations; Advertising, marketing or sales activities or behaviors; business relations);
(iii) managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
For instance, in Alice Corp. (Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014)), the Court found that “intermediated settlement” was a fundamental economic practice, which is considered as (1) a certain method of organizing human activities, which is an abstract idea.
Step 1:
In the instant case, with respect to claims 1-11 and 21-28:
Claim categories:
Method1: 1-11,
Method2: 21-25, and
Method3: 26-28.
Analysis of Step 1:
Method: claims 1-11 and 21-28 are directed to a method for merchants to conduct transactions comprising plurality of means for [1] “receiving information …”, [2] “geolocating …”, [3] “ascertaining …”, [4] “receiving information…”, [5] “deriving …”, [6] “using the identifier..”, and [7] “deriving…”. (Step 1: yes).
Thus, the claims 1-11 and 21-28 are generally directed towards one of the four statutory categories under 35 USC § 101.
Claims 1-11 and 21-28 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A,
(1) Prong One: Does the claim recite a judicial exception?
(2) Prong Two: Are there any additional elements that integrate the judicial exception into a practical application?
Only if a claim (1) recites a judicial exception and (2) does not integrate that exception into a practical application, then proceeds to step 2B.
Step 2B: Are there any additional elements that adds an inventive concept to the claim? Determine whether the claim:
(3) adds a specific limitation beyond the judicial exception that is not “well-understood, routine, and conventional” in the field (see MPEP 2106.05(d)); or
(4) simply appends well-understood, routine, and conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
A. Step 2A, Prong One:
Claim 1, as exemplary, recites a method for carrying out a business transaction on respective account issued to respective consumer account holder by respective issuers and a determination of a donation contribution amount to an organization associated with the transaction, which is considered as (i) a certain method of organizing human activities, which is an abstract idea.
(ii) commercial or legal interactions (including agreements in the form of contracts; Legal obligations; Advertising, marketing or sales activities or behaviors; business relations);
B. Step 2A, Prong Two:
The judicial exception is not integrated into a practical applications because it deals with a method for carrying out a business transaction on respective account issued to respective consumer account holder by respective issuers and a determination of a donation contribution amount to an organization associated with the transaction by carrying out steps of:
The claims recites the additional elements of:
Steps: Types
[1] receiving information (data) Data gathering, insignificant extra-solution activity (IE-SA) step.
[2] geolocating a mobile device. Method of organizing human activity (MOHA) for business transaction.
[3] ascertaining medium … account MOHA for business transaction.
[4] receiving information … transaction. Data gathering, IE-SA.
[5] deriving sum of amounts (data). MOHA for business transaction.
[6] using identifier (data)… Data gathering, IE-SA.
[7] deriving contribution (data). MOHA for business transaction.
Steps [1], [4] and [6] are data gathering, data displaying on the mobile device, and data transmitting which are considered as insignificant extra-solution activity steps.
Steps [2], [3], [5], and [7] are routine business activities for carrying out a business transaction on respective account issued to respective consumer account holder by respective issuers and a determination of a donation amount to an organization associated with the transaction.
The claim does not result in an improvement to the functioning of the computer system or to any other technology or technical field. Further, the claim limitations are not indicative of integration into a practical application by applying or using the judicial exception in some other meaningful way. The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer network devices, i.e. a platform app at a mobile device for carrying out business transaction, sensors, POS hardware, credit card, etc. 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 an abstract idea (e.g., a fundamental economic practice of a well known business transaction or funds transfer mechanism) does not integrate a judicial exception into a practical application. See MPEP 2106.05(f).
C. Step 2B:
The claims recites the additional elements of steps [1]-[7] above.
Steps [1], [4] and [6] are data gathering, data displaying on the mobile device, and data transmitting which are considered as insignificant extra-solution activity steps.
Steps [2], [3], [5], and [7] are routine business activities for carrying out a business transaction on respective account issued to respective consumer account holder by respective issuers and a determination of a donation amount to an organization associated with the transaction.
The means to carry out these steps appear to be generic computer device with generic software elements.
The additional elements do not result in an improvement to the functioning of the computer system or to any other technology or technical field. The generic computer components, mobile computing device, sensors, POS hardware, and credit card, etc., merely perform generic computer functions: means for receiving information, geolocating a mobile device, means for ascertaining a medium, means for receiving information, means for deriving a value, means for using an identifier to access a database, and means for deriving a value (for donation).
Further, the claim limitations are not indicative of integration into a practical application by applying or using the judicial exception in some other meaningful way. The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer network devices, i.e. a software application for carrying out a business transaction on respective account issued to respective consumer account holder by respective issuers and a determination of a donation amount to an organization associated with the transaction. The mobile device displaying features (GUI) is considered as insignificant extra-solution activity and has little impact on the scope of the claims. Also, the sensors, POS hardware, credit card, etc. are generic and conventional devices for carrying out business transaction. 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 an abstract idea (e.g., organizing human activities for carrying out a business transaction and a determination of a donation amount to a charity organization, which does not integrate a judicial exception into a practical application. See MPEP 2106.05(f).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because as discussed above, the additional elements, steps [2], [3], [5] and [7], when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea(s). As for the system or article claims, mere instructions to apply an exertion using generic computer components cannot provide an inventive concept. These generic computer components, i.e. a processor, a memory to store a set of instructions. The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer network devices, i.e. a software for carrying out the issue creation method, are claimed at high level of generality to perform their basis functions which amount to no more than generally linking the use of the judicial exception to the particular technological environment of field of use and further see insignificant extra-solution activity MPEP 2106.05 (f), (g) and (h). The Symantec, TLI, and OIP Techs, court decisions cited in MPEP 2106.05(d)(II) indicate that mere receipt or transmission of data over a network, sorting data, analyzing data, and transmitting the data is a well-understood, routine and conventional function when it is claimed in a merely generic manner (as it is here). The claim are basically collect data, analyze data, and provide set of results, which are not patent eligible, see Electric Power Group, LLC. For these reasons, there is no inventive concept in the claim, and thus the claim is not patent eligible.
As for dep. claims 2-3 (part of 21 above), which deal with further details of the received information, identifier, this further limits the abstract idea of the business transaction, without including: (a) an improvement to another technology or technical field, (b) an improvement to the functioning of the computer itself, or (c ) meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Therefore, claims 2-3 are not considered as being “significantly more”, and thus does not facilitate the claim to meet the “inventive concept”.
As for dep. claim 4 (part of 21 above), which deals with further details of the account holder information and type of organization, this further limits the abstract idea of the business transaction, without including: (a) an improvement to another technology or technical field, (b) an improvement to the functioning of the computer itself, or (c ) meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Therefore, claim 4 is not considered as being “significantly more”, and thus does not facilitate the claim to meet the “inventive concept”.
As for dep. claim 5 (part of 21 above), which deals with further details of the business rule for donation, this further limits the abstract idea of the business transaction of donation, without including: (a) an improvement to another technology or technical field, (b) an improvement to the functioning of the computer itself, or (c ) meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Therefore, claim 5 is not considered as being “significantly more”, and thus does not facilitate the claim to meet the “inventive concept”.
As for dep. claims 6-7 (part of 21 above), which deal with further details of the received information, these further limit the abstract idea of the business transaction, without including: (a) an improvement to another technology or technical field, (b) an improvement to the functioning of the computer itself, or (c ) meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Therefore, claims 6-7 are not considered as being “significantly more”, and thus does not facilitate the claim to meet the “inventive concept”.
As for dep. claims 8-9 (part of 21 above), which deal with further details of the received information, identification data and verification data, these further limit the abstract idea of the business transaction, without including: (a) an improvement to another technology or technical field, (b) an improvement to the functioning of the computer itself, or (c ) meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Therefore, claims 8-9 are not considered as being “significantly more”, and thus does not facilitate the claim to meet the “inventive concept”.
As for dep. claim 10 (part of 21 above), which deals with further details of the account holder information, this further limits the abstract idea of the business transaction, without including: (a) an improvement to another technology or technical field, (b) an improvement to the functioning of the computer itself, or (c ) meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Therefore, claim 10 is not considered as being “significantly more”, and thus does not facilitate the claim to meet the “inventive concept”.
Therefore, claims 1-11 and 21-28 are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more. step 2B: NO
Response to Arguments
Applicant's arguments filed 01/17/26 have been fully considered but they are not persuasive.
(1) Applicant’s comment on page 12 that the claims, as amended, require a specific synchronization between the various devices, this specific feature is not in the claim. The comment that the claim do not recite a method of doing business is not persuasive because the claims deal with various business scenarios such as when “Card Present” and when “Card not present.”
(2) Applicant’s comment in “A: that the claims improve fraud mitigation is noted and this is more of business issue than technical issue.
(3) Applicant’s comment in “B” that the claims improve computer/network functionality similar to Enfish, LLC v. Microsoft Corp. is not persuasive because cross-referencing geolocation with POS transaction IDs is not a non-conventional arrangement of data.
(4) Applicant’s comments in part III with comparisons to “Bascom Global Internet Services” and “DDR Holdings” are not persuasive because these cases are “necessarily rooted in computer technology” and the claims address the problems specifically arising in the realm of computer network. The current claims are not rooted in computer technology” and the claims do not address the problems specifically arising in the realm of computer network but more of business problem.
(5) Applicant’s comments on part IV is noted but not found to be persuasive. The devices used are generic computer devices and well known POS hardware and software at a retail brick and mortar geolocation of a merchant.
(6) As shown in the specification, paragraph [0011], a summary of the application indicates that the goal of the claims is for incenting consumers to conduct in-store transactions with merchants by making a contribution to charity organization.
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No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tan "Dean" D NGUYEN whose telephone number is (571)272-6806. The examiner can normally be reached on M-F, 6:30-4:30 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah M Monfeldt can be reached on 571-270-1833. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAN D NGUYEN/Primary Examiner, Art Unit 3689