DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in reply to the amendment filed 06/23/2025.
Claims 1, 12-18, and 18-19 have been amended. Claims 1-19 are pending and have been examined on the merits (claims 1, 18, and 19 being independent).
The amendment filed 06/23/2025 to the claims has been entered.
Response to Arguments
Applicant’s arguments and amendments filed 06/23/2025 have been fully considered.
Applicants assert that the pending claims fully comply with the requirement of 35 U.S.C. 101. Examiner respectfully disagrees. Applicant’s argument and amendments have been considered and are not persuasive. The rejections under 35 U.S.C. 101 have been maintained and clarified in view of the USPTO MPEP 2106.
Applicant arguments (see Applicant’s remark, pages 10-14):
(1) Applicant arguments that “The above technical features do not fall within the asserted abstract idea, namely methods of organizing human activity, or fundamental economic principles and practices and commercial or legal interactions.” (see page 11), are not found persuasive.
In the instant application, as set forth in previous Office Action, under Step 2 A, Prong 1 of the 2019 Revised § 101 Guidance, it is determined whether the claims are directed to a judicial exception such as a law of nature, a natural phenomenon, or an abstract idea (See Alice, 134 S. Ct. at 2355) by identify the specific limitation(s) in the claim that recites abstract idea(s); and then determine whether the identified limitation(s) falls within at least one of the groupings of abstract ideas enumerated in the MPEP 2106.04. The cited limitations as drafted are systems and methods that, under their broadest reasonable interpretation, covers performance of a method of organizing human activity, but for the recitation of the generic computer components. Further, none of the limitations recite technological implementations details for any of the steps but, instead, only recite broad functional language being performed by the generic use of at least one processor. Providing an option to select one of multiple payment types using digital money for purchasing products and services is a fundamental economic practice long prevalent in commerce systems. If a claim limitation, under its broadest reasonable interpretation, covers a fundamental economic principle or practice but for the general linking to a technological environment, then it falls within the organizing human activity grouping of abstract ideas. Therefore, Applicant’s arguments are not persuasive.
(2) Applicant arguments that “Such features, at least, go beyond the asserted abstract idea and demonstrate that the claims are not directed to the asserted abstract idea under step one of the Alice test for determining subject matter eligibility under 35 U.S.C. 101 and Step 2A, Prong Two of the Patent Office's Guidelines.” (see page 11), are not found persuasive.
In the instant application, Examiner considers the instant claims do not integrate the exception into a practical application because additional elements: 1) “by at least one processor” and “an electronic payment process” amount to simply applying the abstract idea to a computer component (e.g. “apply it”) 2) “a communication unit” and “a controller” also amount to simply applying the abstract idea to a generic computer component and client combination, or generically over the internet. (e.g. “apply it” or the equivalent) do not apply, rely on, or use the judicial exception in a manner that that imposes a meaningful limitation on the judicial exception (i.e. generally linking the use of the judicial exception to a particular technological environment or field of use - see MPEP 2106.05(h) or apply it with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)). The instant recited claims including additional elements (i.e. processor, digital currency, an electronic payment process, a communication unit, a controller, a program, a computer, graphical user interface, user electronic device) do not improve the functioning of the computer or improve another technology or technical field nor do they recite meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Therefore, Applicant’s arguments are not persuasive.
(3) Applicant arguments that “Further, these additional technical features, at least, provide "significantly more" than the asserted abstract idea under step two of the Alice test and Step 2B of the Patent Office's Guidelines.” (see page 11), are not found persuasive.
In the instant application, Examiner considers the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements (Claims: e.g., processor, digital currency, an electronic payment process, a communication unit, a controller, a program, a computer, graphical user interface, user electronic device) amount to no more than mere instructions to apply the exactly using generic computer component. The claim elements when considered separately and in an ordered combination, do not add significantly more than implementing the abstract idea over a generic computer network with a generic computer component. Therefore, Applicant’s arguments are not persuasive.
With regard to the rejections of claims 1-19 under 35 U.S.C. 102/103, Applicant’s arguments and amendments have been considered but are moot as a new ground of rejection has been added and Examiner respectfully disagrees. Examiner notes that Applicant is arguing newly amended claim language. As noted in the citation above the prior art and it is addressed by the rejections under 35 USC 103.
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 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter without significantly more.
When considering subject matter eligibility under 35 U.S.C. 101, (1) 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. If the claim does fall within one of the statutory categories, (2a) it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so (2b), 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 fundamental economic practices; certain methods of organizing human activities; an idea itself; and mathematical relationships/formulas. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. (2014).
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. In the instant case, the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea.
Step (1): In the instant case, the claims are directed towards to a method for providing an option to select one of multiple payment types using digital money for purchasing products and services which contains the steps of providing, receiving, registering, and starting. The claim recites a series of steps and, therefore, is a process. The claims do fall within at least one of the four categories of patent eligible subject matter because claim 1 is direct to a method, claim 18 is direct to a system, and claim 19 is direct to a non-transitory computer readable medium, i.e. machines programmed to carrying out process steps, Step 1-yes.
Step (2A) Prong 1: A method for providing an option to select one of multiple payment types using digital money for purchasing products and services is akin to the abstract idea subject matter grouping of: Certain Methods of Organizing Human Activity as fundamental economic principles or practices and commercial or legal interactions. As such, the claims include an abstract idea.
The specific limitations of the invention are (a) identified to encompass the abstract idea include: providing… different payment types…, receiving… selection information for selecting a specific payment type…, providing…. a page corresponding to the specific payment type…, registering… the payment condition…., starting… the electronic payment process…
As stated above, this abstract idea falls into the (b) subject matter grouping of: Certain Methods of Organizing Human Activity as fundamental economic principles or practices and commercial or legal interactions.
Step (2A) Prong 2: The instant claims do not integrate the exception into a practical application because additional elements: 1) “by at least one processor” and “an electronic payment process” amount to simply applying the abstract idea to a computer component (e.g. “apply it”) 2) “a communication unit” and “a controller” also amount to simply applying the abstract idea to a generic computer component and client combination, or generically over the internet. (e.g. “apply it” or the equivalent) do not apply, rely on, or use the judicial exception in a manner that that imposes a meaningful limitation on the judicial exception (i.e. generally linking the use of the judicial exception to a particular technological environment or field of use - see MPEP 2106.05(h) or apply it with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)).
The instant recited claims including additional elements (i.e. processor, digital currency, an electronic payment process, a communication unit, a controller, a program, a computer, graphical user interface, user electronic device) do not improve the functioning of the computer or improve another technology or technical field nor do they recite meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. The limitations merely use a generic computing technology (Specification paragraphs [0093-0096], a communication unit, a storage unit, a controller, electronic device (e.g., a portable phone, a smart phone, a notebook computer, a desktop computer, a wearable device), wireless communications, contents server, contents database) as generally linking the use of the judicial exception to a particular technological environment or field of use - see MPEP 2106.05(h) or apply it with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)). Therefore, the claims are directed to an abstract idea
Step (2B): The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements (Claims: e.g., processor, digital currency, an electronic payment process, a communication unit, a controller, a program, a computer, graphical user interface, user electronic device) amount to no more than mere instructions to apply the exactly using generic computer component. The claim elements when considered separately and in an ordered combination, do not add significantly more than implementing the abstract idea over a generic computer network with a generic computer element.
The computer is merely a platform on which the abstract idea is implemented. Simply executing an abstract concept on a computer does not render a computer “specialized,” nor does it transform a patent-ineligible claim into a patent-eligible one. See Bancorp Servs., LLC v. Sun Life Assurance Co. of Can., 687 F.3d 1266, 1280 (Fed. Cir. 2012). There are no improvements to another technology or technical field, no improvements to the functioning of the computer itself, transformation or reduction of a particular article to a different state or thing or any other meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment as a result of performing the claimed method. Also, the addition of merely novel or non-routine components to the claimed idea does not necessarily turn an abstraction into something concrete (See Ultramercial, Inc. v. Hulu, LLC, _ F.3d_, 2014 WL 5904902, (Fed. Cir. Nov. 14, 2014). Hence, the claims do not recite significantly more than an abstract idea. In conclusion, merely “linking/applying” the exception using generic computer components does not constitute ‘significantly more’ than the abstract idea. (MPEP 2106.05 (f) (h)). Therefore, the claims are not patent eligible under 35 USC 101.
Dependent claims 2-17 when analyzed as a whole and in an ordered combination are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea, as detailed below. The additional recited limitations in the dependent claims only refine the abstract idea.
For instance, in claim 2, the step of “… monitoring whether the payment event which satisfies the payment condition occurs at the user account, ...” (i.e., checking payment condition), in claim 3, the step of “… receiving amount information to specify a purchase amount of the digital currency, with respect to the user account, wherein in the starting of the electronic payment process,….” (i.e., receiving a purchase amount), in claim 4, the step of “… supplying the digital currency as much as the specified purchase amount to the user account, based on completion of the electronic payment process, ...” (i.e., buying digital currency), in claim 5, the step of “… wherein the additional amount of the digital currency supplied to the user account….” (i.e., buying additional digital currency), in claim 6, the step of “… checking a payment history related to the user account based on completion of the electronic payment process,…..” (i.e., checking payment history), in claim 7, the step of “… counting the number of times of completion of the electronic payment process based on an occurrence of the payment event,….” (i.e., counting a number of payments), in claim 8, the step of “… storing a payment history including the number of times that the electronic payment process has been completed at the user account, based on reception of a request to stop a purchase function of the digital currency….” (i.e., storing payment history), in claim 9, the step of “… wherein the payment process is not started even when the payment event which satisfies the payment condition occurs at the user account, after a time period from when the stop of the purchase function is requested.” (i.e., determining payment process), in claim 10, the step of “… releasing the stop of the purchase function with respect to the user account, after a preset time period from the time when the stop of the purchase function is requested,….” (i.e., determining on purchase function), in claim 11, the step of “… wherein the payment condition is differently set according to the specific payment type,...” (i.e., setting payment condition), in claim 12, the step of “… wherein a first payment type among the plurality of different payment types is a payment type where the payment event occurs on a basis of an amount of digital currency already retained at the user account,….” (i.e., providing payment types), in claim 13, the step of “… wherein in a case where the specific payment type is the first payment type, the registered payment condition is related to the minimum amount of the digital currency ….” (i.e., determining payment condition), in claim 14, the step of “… wherein in a case where the specific payment type is the second payment type, the registered payment condition is related to a date preset in connection with the user account,,,,.” (i.e., determining payment condition), in claim 15, the step of “… wherein the registered payment condition is changed based on a request from the user account, and wherein in a case where the registered payment condition is changed,….” (i.e., updating payment condition), in claim 16, the step of “… wherein the contents include at least one episode, and wherein each of the at least one episode has one of a charged product type which can be viewed through a payment of the digital currency….” (i.e., payment on product types), and in claim 17, the step of “… wherein a charged product type of a specific episode, among the at least one episode is converted into a free product type ...” (i.e., payment on product types) are all processes that, under its broadest reasonable interpretation, covers performance of a fundamental economic practice but for the recitation of a generic computer component. Providing a payment based on purchasing a product or service is a most fundamental commercial process.
This is an abstract concept with nothing more and is also considered mere instructions to apply an exception akin to a commonplace business method or mathematical algorithm being applied on a general purpose computer, Alice Corp. Pty. Ltd.; Gottschalk and Versata Dev. Group, Inc.; see MPEP 2106.05(f)(2).
In dependent claims 2-17, the step claimed are rejected under the same analysis and rationale as the independent claims 1, 8, and 19 above. Merely claiming the same process using a digital currency as a payment method in order to obtain a product or a service does not change the abstract idea without an inventive concept or significantly more. Clearly, the additional recited limitations in the dependent claims only refine the abstract idea further. Further refinement of an abstract idea does not convert an abstract idea into something concrete.
Therefore, claims 1-19 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 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.
In the rejections below, where claims are currently amended, this is indicated by underlining.
Claims 1-3, 11-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Shea et al. (hereinafter Shea), US Publication Number 2007/0215690 A1 in view of Takahashi Hiroshi et al. (hereinafter Takahashi), Publication Number JP 2019-74983 A.
Regarding claim 1:
Shea discloses the following:
An electronic payment method, performed by at least one processor, for purchase of digital currency used to view contents in a user environment on a user electronic device, comprising: (Shea: See abstract and paragraph [0014] “the present invention include, but are not limited to, the creation of an economy of digital currency and/or tokens hosted on a server accessible via a wide area network such as the Internet. These digital tokens may be used by end users to acquire licenses to access a given media content, e.g., a game, without having to purchase consumption rights for the media content out right”, and see also [0059-0066] and [0039-0041])
providing (reads on “Recurring Payment: Every X days (e.g., 30 days), the user is charged $Y dollars to received Z digital tokens in their account” and “On Demand: When a user's account is below a threshold of digital tokens, they are automatically charged $A dollars to receive B digital tokens in their account.”) a plurality of different payment types (reads on “Recurring Payment”, “On Demand”, “One Time Purchase”) related to the digital currency (reads on “digital tokens”) for display in the user environment, [………………………………………], each of the plurality of different payment types being (reads on “Recurring Payment”, “On Demand”) for an automatic payment method; (Shea: See abstract paragraphs [0039-0043] and [0059-0064], and Notes: The claimed “automatic payment method” reads on “Recurring Payment” and “On Demand” as payment types or methods and paragraphs [0059-0064] teach multiple buttons or tabs to display in a graphical user interface as selectable graphic objects.)
receiving selection information (reads on “providing end users with digital tokens using the “Recurring Payment” and “On Demand” payment schemes listed above in addition to others.’) for selecting a specific payment type among the plurality of different payment types (reads on “Recurring Payment”, “On Demand”) related to the digital currency (reads on “digital tokens”), in relation to a user account, […………………………………………….]; (Shea: See paragraphs [0039-0043], and see also [0059-0064])
providing (reads on “the present invention including providing end users with digital tokens using the “Recurring Payment” and “On Demand” payment schemes listed above in addition to others”), on the user electronic device, a page corresponding to the specific payment type to allow input of a payment condition corresponding to the specific payment type, wherein the payment condition includes at least one of a minimum amount of the digital currency (reads on “On Demand: When a user's account is below a threshold of digital tokens, they are automatically charged $A dollars to receive B digital tokens in their account.”) required to initiate (reads on “payment handling logic to allow the user to purchase tokens via a real world payment mechanism such as, for example, credit card, check, cash or other real world payment mechanism”) an electronic payment process and a date (reads on “Recurring Payment: Every X days (e.g., 30 days), the user is charged $Y dollars to received Z digital tokens in their account”) required to initiate (reads on “payment handling logic to allow the user to purchase tokens via a real world payment mechanism such as, for example, credit card, check, cash or other real world payment mechanism”) an electronic payment process; (Shea: See paragraphs [0039-0043])
registering (reads on “the present invention including providing end users with digital tokens using the “Recurring Payment” and “On Demand” payment schemes listed above in addition to others”) the payment condition corresponding to the specific payment type to the user account (reads on “Recurring Payment: Every X days (e.g., 30 days), the user is charged $Y dollars to received Z digital tokens in their account” and “On Demand: When a user's account is below a threshold of digital tokens, they are automatically charged $A dollars to receive B digital tokens in their account.”) by using the received selection information and the input payment condition; and (Shea: See paragraphs [0039-0043])
starting (reads on “Once digital currency server watchdog 301 has the list of accounts that require processing, it may, in turn, send a request to payment gateway 305 to charge each user associated with each of the listed user accounts for payment of a certain amount of real-world currency in exchange for the digital tokens.”) the electronic payment process to automatically purchase the digital currency for the user account in response to an occurrence of a payment event related to the registered payment condition at the user account. (Shea: See paragraph [0045], and see also [0039-0043])
Shea does not explicitly disclose the following, however Takahashi further teaches:
*Examiner notes: Shea teaches one more buttons to select on a user graphical user interface and the button that takes a user to a different set of end user interfaces to manage the digital token account (see Shea, paragraphs [0059-0064]) but Shea does not explicitly disclose for displaying payment methods as selectable graphic objects in a graphic user interface. However Takahashi further teaches below:
..… the plurality of different payment types being displayed on the user electronic device as selectable graphic objects in a graphic user interface …..
…..wherein receiving selection information comprises receiving a selection of one of the graphic objects….. (Takahashi: see page 11, lines 32-39 “In the display area 553, explanations of various electronic money are displayed. As an example, the display area 553 displays the exchange ratio when the unit circle is exchanged for electronic money. When the displayed electronic money is used by the user, the display area 553 displays the electronic money use start date and the electronic money expiration date. By selecting one of the electronic money displayed in the display area 553, the user can perform auto-charge setting for the electronic money.”; page 12, lines 12-30 “The registration content confirmation screen 580 is a screen for confirming the auto charge setting set for various electronic money registered. The registration content confirmation screen 580 includes tags TG1 and TG2. When the user selects the tag TG1, the user can confirm the auto charge setting set for the salary. In addition, when the user selects the tag TG2, the user can confirm the auto charge setting set for the bonus. In the example of FIG. 15, the tag TG1 is selected”; page 14, lines 29-36 “The auto charge setting screen 700 is a screen for performing an auto charge setting for the electronic money selected on the electronic money selection screen 660 (see FIG. 19) described above. The auto charge setting screen 700 sets a setting area 701 for setting an auto charge amount from salary, a setting area 702 for setting an upper limit number of times of auto charge from salary, and an auto charge amount from bonus Setting area 704, a setting area 705 for setting the upper limit number of times of auto charging from a bonus, and a confirmation button 710”)
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify a method for automatically crediting a user account associated with a user by a certain number of digital tokens if the user account satisfies a condition upon querying the user account of Shea to include selecting one of the electronic money displayed in the display area, the user can perform auto-charge setting for the electronic money, as taught by Takahashi, in order to provide more options to select a payment type. (Takahashi: See pages 11-14)
Regarding claim 2:
Shea discloses the following:
The method of claim 1, further comprising monitoring whether the payment event which satisfies the payment condition occurs at the user account, wherein in the starting of the electronic payment process, the payment process is started whenever the payment event which satisfies the payment condition occurs at the user account as a monitoring result. (Shea: See paragraphs [0044] “Watchdog 301 may query digital currency server 303 for all accounts that require processing. In response, digital currency server 303 may respond with a list of all such accounts. This list may be created by determining if any of the accounts stored within digital currency server 303 satisfy an account condition. For example, in regards to user accounts identified as recurring payment accounts, the condition to be satisfied may be that the current date is a predetermined date or that a pre-determined amount of time has passed since the most recent processing (such as, for example, between 1 and 40 days, especially 30 days). In embodiments, for accounts identified as on-demand accounts the condition to be satisfied may be that token balances have fallen below a predetermined threshold level” and [0045] “Once digital currency server watchdog 301 has the list of accounts that require processing, it may, in turn, send a request to payment gateway 305 to charge each user associated with each of the listed user accounts for payment of a certain amount of real-world currency in exchange for the digital tokens.”)
Regarding claim 3:
Shea discloses the following:
The method of claim 2, further comprising receiving amount information to specify a purchase amount of the digital currency, with respect to the user account, wherein in the starting of the electronic payment process, whenever the payment event occurs, a price corresponding to the amount information is specified as a payment object price to be paid through the electronic payment process, by using the amount information. (Shea: See paragraphs [0040] “Recurring Payment: Every X days (e.g., 30 days), the user is charged $Y dollars to received Z digital tokens in their account” and [0041] “On Demand: When a user's account is below a threshold of digital tokens, they are automatically charged $A dollars to receive B digital tokens in their account.”, and see also [0039])
Regarding claim 11:
Shea discloses the following:
The method of claim 2, wherein the payment condition is differently set according to the specific payment type, among the plurality of different payment types. (Shea: See paragraphs [0040] “Recurring Payment: Every X days (e.g., 30 days), the user is charged $Y dollars to received Z digital tokens in their account”, [0041] “On Demand: When a user's account is below a threshold of digital tokens, they are automatically charged $A dollars to receive B digital tokens in their account.”, and [0042] “One Time Purchase: The user pays $F dollars to received G digital tokens in their account.”, and see also [0039])
Regarding claim 12:
Shea discloses the following:
The method of claim 11, wherein a first payment type (reads on “On Demand: When a user's account is below a threshold of digital tokens, they are automatically charged $A dollars to receive B digital tokens in their account.”) among the plurality of different payment types is a payment type where the payment event occurs on a basis of an amount of digital currency already retained at the user account, and wherein a second payment type (reads on “Recurring Payment: Every X days (e.g., 30 days), the user is charged $Y dollars to received Z digital tokens in their account”) among the plurality of different payment types, different from the first payment type, is a payment type where the payment event occurs on a basis of the date. (Shea: See paragraphs [0039-0044])
Regarding claim 13:
Shea discloses the following:
The method of claim 12, wherein in a case where the specific payment type is the first payment type (reads on “On Demand: When a user's account is below a threshold of digital tokens, they are automatically charged $A dollars to receive B digital tokens in their account.”), the registered payment condition is related to the minimum amount of the digital currency required to initiate the electronic payment process from the input payment condition, and wherein in the monitoring of the payment event, it is determined that the payment event has occurred when an amount of the digital currency retained at the user account does not satisfy the minimum amount of the digital currency required to initiate the electronic payment process. (Shea: See paragraphs [0039-0044])
Regarding claim 14:
Shea discloses the following:
The method of claim 12, wherein in a case where the specific payment type is the second payment type (reads on “Recurring Payment: Every X days (e.g., 30 days), the user is charged $Y dollars to received Z digital tokens in their account”), the registered payment condition is related to the date preset in connection with the user account from the input payment condition, and wherein in the monitoring of the payment event, it is determined that the payment event has occurred in a case where a current date when the monitoring is being performed corresponds to the preset date. (Shea: See paragraphs [0039-0044])
Regarding claim 15:
Shea discloses the following:
The method of claim 2, wherein the registered payment condition is changed based on a request from the user account, and wherein in a case where the registered payment condition is changed, in the monitoring of the payment event, it is monitored whether a payment event which satisfies the changed payment condition occurs at the user account. (Shea: See paragraph [0044] “Watchdog 301 may query digital currency server 303 for all accounts that require processing. In response, digital currency server 303 may respond with a list of all such accounts. This list may be created by determining if any of the accounts stored within digital currency server 303 satisfy an account condition. For example, in regards to user accounts identified as recurring payment accounts, the condition to be satisfied may be that the current date is a predetermined date or that a pre-determined amount of time has passed since the most recent processing (such as, for example, between 1 and 40 days, especially 30 days). In embodiments, for accounts identified as on-demand accounts the condition to be satisfied may be that token balances have fallen below a predetermined threshold level. In other embodiments, other conditions may be used and the scope of this disclosure is not meant to be limited in any way by these two example conditions.”, and see also [0056])
Regarding claim 16:
Shea discloses the following:
The method of claim 1, wherein the contents include at least one episode, and wherein each of the at least one episode has one of a charged product type which can be viewed through a payment of the digital currency, and (Shea: See paragraph [0032] “The user may alternatively choose to pay for the session with their tokens and bypass the display of advertisements before, during and/or after the session of play.”)
a free product type which can be viewed without a payment of the digital currency. (Shea: See paragraph [0032] “game launcher 109 may offer the user a choice of viewing advertising prior to gameplay. If the user chooses to view an advertisement, this may be in lieu of payment of tokens from the user's account.”)
Regarding claims 18 and 19: it is similar scope to claim 1, and thus it is rejected under similar rationale.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Shea in view of Takahashi in further view of Kodera Nobuhiro (hereinafter Kodera), Publication Number JP 2011022791 A.
Regarding claim 4:
Shea and Takahashi do not explicitly disclose the following, however Kodera further teaches:
The method of claim 3, further comprising supplying the digital currency as much as the specified purchase amount to the user account, based on completion of the electronic payment process, wherein in the supplying of the digital currency, an additional amount of the digital currency besides the specified purchase amount is supplied based on the number of times that the electronic payment process has been completed. (Kodera: See page 8, lines 14-19: “When the entire purchase history data is updated, it is confirmed whether the total purchase history of each customer's vending machine group 12 has reached the predetermined number of times, and a gift for the entire purchase history is given to the customer who has reached the predetermined number of times. Points that can be exchanged are given, recorded as point information for the entire purchase history in the recording device 43, and the process ends (steps S16 to S18). In addition, a privilege may be sent by mail such as a prize instead of a point, or the next time a product is purchased at any of the vending machines 11 in the vending machine group 12, a discount is given according to the points. Etc. may be provided.”)
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify a method for automatically crediting a user account associated with a user by a certain number of digital tokens if the user account satisfies a condition upon querying the user account of Shea to include giving points as a privilege when the total purchase history data purchased by the recorded customers for the entire vending machine group reaches a predetermined number of times, as taught by Kodera, in order to provide more options to obtain a benefit. (Kodera: See page 8)
Regarding claim 5:
Shea discloses the following:
The method of claim 4, wherein the additional amount of the digital currency supplied to the user account becomes different according to a degree of the specified purchase amount. (Shea: See paragraph [0049] “An advertiser may give an end user digital tokens after he/she watches a given ad. An advertiser may give the user a chance to win digital tokens.”, and see also [0050-0051])
Regarding claim 6:
Shea and Takahashi do not explicitly disclose the following, however Kodera further teaches:
The method of claim 4, further comprising checking a payment history related to the user account based on completion of the electronic payment process, wherein when the number of times that the electronic payment process has been completed at the user account is one as a check result of the payment history, the additional amount of the digital currency is supplied to the user account. (Kodera: See page 8, lines 14-19: “When the entire purchase history data is updated, it is confirmed whether the total purchase history of each customer's vending machine group 12 has reached the predetermined number of times, and a gift for the entire purchase history is given to the customer who has reached the predetermined number of times. Points that can be exchanged are given, recorded as point information for the entire purchase history in the recording device 43, and the process ends (steps S16 to S18). In addition, a privilege may be sent by mail such as a prize instead of a point, or the next time a product is purchased at any of the vending machines 11 in the vending machine group 12, a discount is given according to the points. Etc. may be provided.”)
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify a method for automatically crediting a user account associated with a user by a certain number of digital tokens if the user account satisfies a condition upon querying the user account of Shea to include giving points as a privilege when the total purchase history data purchased by the recorded customers for the entire vending machine group reaches a predetermined number of times, as taught by Kodera, in order to provide more options to obtain a benefit. (Kodera: See page 8)
Regarding claim 7:
Shea and Takahashi do not explicitly disclose the following, however Kodera further teaches:
The method of claim 4, further comprising counting the number of times of completion of the electronic payment process based on an occurrence of the payment event, wherein the additional amount of the digital currency is supplied at every preset specific number of times based on a result of the counting. (Kodera: See page 9, lines 1-11: “Upon receiving the latest individual purchase history data from the vending machine 11, the management center 13 updates the individual purchase history data and updates the entire purchase history data based on the individual purchase history data (steps S22 and S23). Furthermore, it is confirmed whether the updated total purchase history data has reached a predetermined number of times set in advance (step S24), and if it is the predetermined number of times, points that can be exchanged as a privilege for the entire purchase history are given Then, it is recorded in the recording device 43 as point information for the entire purchase history, and the process ends (steps S25 and S26).”)
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify a method for automatically crediting a user account associated with a user by a certain number of digital tokens if the user account satisfies a condition upon querying the user account of Shea to include giving points as a privilege when the total purchase history data purchased by the recorded customers for the entire vending machine group reaches a predetermined number of times, as taught by Kodera, in order to provide more options to obtain a benefit. (Kodera: See page 8)
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Shea in view of Takahashi in view of Kodera in further view of Asada Junji (hereinafter Asada), Publication Number JP 2014074968 A.
Regarding claim 8:
Shea, Takahashi, and Kodera do not explicitly disclose the following, however Asada further teaches:
The method of claim 7, further comprising storing a payment history including the number of times that the electronic payment process has been completed at the user account, based on reception of a request to stop a purchase function of the digital currency, the function for starting the payment process according to the payment event for the user account. (Asada: See page 10, lines 24-28: “When the charge execution unit 24 is requested to stop the charge process from the user device, the charge execution unit 24 stops the charge process for the user device. In addition, when the stop period is specified together with the stop request, the charge execution unit 24 stops the charge process for the user device only during the stop period. When the charge processing is stopped, if the service provision amount is larger than the balance and the service cannot be provided without charging, the charge processing is executed only when the user is instructed and an instruction to cancel the suspension is issued.”)
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify a method for automatically crediting a user account associated with a user by a certain number of digital tokens if the user account satisfies a condition upon querying the user account of Shea to include stopping the charge process for the user device only during the stop period based on a user’s request, as taught by Asada, in order to provide more options for a payment process. (Asada: See page 10)
Regarding claim 9:
Shea, Takahashi, and Kodera do not explicitly disclose the following, however Asada further teaches:
The method of claim 8, wherein the payment process is not started even when the payment event which satisfies the payment condition occurs at the user account, after a time period from when the stop of the purchase function is requested. (Asada: See page 10, lines 24-26: “When the charge execution unit 24 is requested to stop the charge process from the user device, the charge execution unit 24 stops the charge process for the user device. In addition, when the stop period is specified together with the stop request, the charge execution unit 24 stops the charge process for the user device only during the stop period.”)
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify a method for automatically crediting a user account associated with a user by a certain number of digital tokens if the user account satisfies a condition upon querying the user account of Shea to include stopping the charge process for the user device only during the stop period based on a user’s request, as taught by Asada, in order to provide more options for a payment process. (Asada: See page 10)
Regarding claim 10:
Shea discloses the following:
The method of claim 8, further comprising releasing the stop of the purchase function with respect to the user account, after a preset time period from the time when the stop of the purchase function is requested, wherein in the monitoring of the payment event, it is monitored whether a payment event which satisfies the payment condition has occurred at the user account after the stop of the purchase function is released. (Shea: See paragraphs [0044] “Watchdog 301 may query digital currency server 303 for all accounts that require processing. In response, digital currency server 303 may respond with a list of all such accounts. This list may be created by determining if any of the accounts stored within digital currency server 303 satisfy an account condition. For example, in regards to user accounts identified as recurring payment accounts, the condition to be satisfied may be that the current date is a predetermined date or that a pre-determined amount of time has passed since the most recent processing (such as, for example, between 1 and 40 days, especially 30 days).)
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Shea in view of Takahashi in further view of Watanabe Yoichiro (hereinafter Watanabe), Publication Number JP 2016126408 A.
Regarding claim 17:
Shea and Takahashi do not explicitly disclose the following, however Watanabe further teaches:
The method of claim 16, wherein a charged product type of a specific episode, among the at least one episode is converted into a free product type based on lapse of a preset time. (Watanabe: See page 3, lines 17-19: “The profit setting unit 32 sets a larger profit amount in the period set by the period setting unit 30 in the period closer to the content release time point. For example, when three periods are set as in the above example, 10 yen is set for the first period, 5 yen is set for the second period, and 0 yen is set for the third period.”, and see also page 11, lines 19-23)
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to modify a method for automatically crediting a user account associated with a user by a certain number of digital tokens if the user account satisfies a condition upon querying the user account of Shea to include a larger profit amount in the period set by the period setting unit in the period closer to the content release time point, as taught by Watanabe, in order to provide more options for accessing a content. (Watanabe: See pages 3 and 11)
Conclusion
The prior art made of record but not relied upon herein but pertinent to Applicant’s disclosure is listed in the enclosed PTO-892.
THIS ACTION IS MADE FINAL. 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 mailing date of this final action.
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