DETAILED ACTION
This is office action on the merits in response to the application filed 03/19/2026.
Claims 1-20 have been filed by the applicant.
Claims 16-20 have been withdrawn.
Claims 1 and 8 are currently amended.
Claims 1-15 are currently pending and have been examined.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/19/2026 has been entered with the RCE filed on 3/19/2026.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Argument
Rejection Under 101:
The applicant argues that the claims integrate the abstract idea to a practical application by providing a way to use biometric in the transaction when the payment terminal is offline. The examiner respectfully disagrees. Although the claimed invention can be applied at such event that payment terminal being offline, the claims does not recite technical improvement, rather than implementing abstract idea on a generic computer system. The claims simply recite process of receiving biometric and retrieving information based on biometric, the use of processor and vault merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)).
Therefore, 101 rejection is maintained.
Rejection Under 103:
The applicant argues that Radu teaches away because the claims recite a payment process which the payment terminal is offline, but Radu’s payment terminal actively connects with acquirer. The examiner respectfully disagrees. Crooks discloses an offline transaction process. Radu introduces a feature of using biometric in transaction message and using biometric processor to process the biometric prior to send for authorization. Whether or not Radu’s terminal is offline does not make Crooks’s system inoperable.
The applicant further argue that Radu discloses user selects card entry but the claims recite using biometric to make the selection. The examiner respectfully disagrees. The claims recite “retrieve,… a financial instrument associate with the user biometric”. Under BRI, “associate with” does not equal to “select based on”. Any information tied to biometric is considered as “associate with”, which is what Radu discloses.
The applicant further argue that Radu does not disclose a vault comprising mapping of biometric to financial instrument. The examiner respectfully disagrees. The action of retrieving obviously needs a mapping. In addition, the claims do not recite such mapping limitation.
The applicant argues that Crooks does not teach the claims because Crooks is directed to resolve a trigger event instead of offline payment. The examiner respectfully disagrees. A reference is analogous art to the claimed invention if the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem) (MPEP 2141.01(a)). The claims is reciting a process to establishing communication for an offline POS system to making transaction, Crooks discloses a system to establishing communication for an offline POS system to the server. Although Crooks is addressing different problem, it is from the same field of endeavor as the claimed invention.
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 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
In the instant case, claims 1-7 are directed to a method, claims 8-15 are directed to a method. Therefore, these claims fall within the four statutory categories of invention.
Claim 1-7:
The limitations of independent claim 1, have been denoted with letters by the Examiner for easy reference. The judicial exceptions recited in claim 1 are identified in bold below:
A method for offline processing of biometrically-enabled payment transactions, comprising:
receiving, by a biometric processor computer program disposed on a biometric processor at a uniform resource locator for the biometric processor, a biometric payment request from a user electronic device, the biometric payment request comprising transaction information for a transaction being conducted at a payment terminal for a merchant and a user biometric, wherein the payment terminal does not have an active communication connection with the biometric processor computer program or with an acquirer for the merchant;
retrieving, by the biometric processor computer program and from a vault comprising user biometrics for a plurality of users that are associated with financial instruments, a financial instrument associated with the user biometric;
providing, by the biometric processor computer program, the financial instrument and the transaction information to the acquirer, wherein the acquirer is configured to decision the transaction and return an approval for the transaction to the biometric processor computer program; and
returning, by the biometric processor computer program, the approval and the financial instrument to the user electronic device, wherein the user electronic device is configured to generate a code comprising the financial instrument and the approval and present the code to the payment terminal, and the payment terminal is configured to process the transaction using the approval code as an offline approval.
Limitations A through E under the broadest reasonable interpretation covers steps or functions of commercial interactions. Other than reciting generic computer hardware in limitation A through E, nothing in the claim element differentiates the limitation from commercial interactions. Therefore, limitations A through F recite an abstract idea, as highlighted above, that is consistent with the commercial interaction aspects of a Certain methods of Organizing Human Activities.
Accordingly, claim 1, recite abstract idea and the analysis proceed to Step 2A.2.
The judicial exception is not integrated into a practical application. In particular, claim 1 recites the additional elements in bold below:
A method for offline processing of biometrically-enabled payment transactions, comprising:
receiving, by a biometric processor computer program disposed on a biometric processor at a uniform resource locator for the biometric processor, a biometric payment request from a user electronic device, the biometric payment request comprising transaction information for a transaction being conducted at a payment terminal for a merchant and a user biometric, wherein the payment terminal does not have an active communication connection with the biometric processor computer program or with an acquirer for the merchant;
retrieving, by the biometric processor computer program and from a vault comprising user biometrics for a plurality of users that are associated with financial instruments, a financial instrument associated with the user biometric;
providing, by the biometric processor computer program, the financial instrument and the transaction information to the acquirer, wherein the acquirer is configured to decision the transaction and return an approval for the transaction to the biometric processor computer program; and
returning, by the biometric processor computer program, the approval and the financial instrument to the user electronic device, wherein the user electronic device is configured to generate a code comprising the financial instrument and the approval and present the code to the payment terminal, and the payment terminal is configured to process the transaction using the approval code as an offline approval.
The additional element(s) in limitation A through E are recited at a high level of generality. The additional elements merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)). As such, when the additional elements are considered individually and as an ordered combination, the claim as a whole amounts to no more than or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. Accordingly, the additional element(s) do not integrate the abstract idea into a practical application because they do not recite any additional elements indicative of integration into a practical application. Rather, the claim as whole generally links the judicial exception to a technological environment defined by high level recitations of a computer and the Internet. Therefore, the claim is directed to an abstract idea and the analysis proceeds to Step 2B.
The additional elements, both individually and as an ordered combination, do not amount to significantly more than the judicial exception because the outcome of the considerations at Step 2B will be the same when the considerations from Step 2A.2 are reevaluated. As discussed under Step 2A.2, the additional element(s) amount to no more than a generic computer. This is not enough to provide an inventive concept. Therefore, claim 1 is not patent eligible.
Dependent claims 2 and 3 further recite additional elements of various biometric information. However, the additional element does not integrate the abstract idea to practical application nor provides significantly more than the abstract idea.
Dependent claims 4 further recite additional elements of payment token which generally link the use of the judicial exception to a particular technological environment (MPEP § 2106.05(h)). The additional element does not integrate the abstract idea to practical application nor provides significantly more than the abstract idea.
Dependent claims 5 further recite additional elements of QR code or radio frequency code which generally link the use of the judicial exception to a particular technological environment (MPEP § 2106.05(h)). The additional element does not integrate the abstract idea to practical application nor provides significantly more than the abstract idea.
Dependent claims 6 further recite provides financial instrument and transaction information to acquirer after active connection is restored which further recite the abstract idea of commercial interactions. The additional element of payment terminal merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)). The additional elements do not integrate the abstract idea to practical application nor provides significantly more than the abstract idea.
Dependent claims 7 further recite receiving user biometric and financial instrument and store an association between them which further recite the abstract idea of commercial interactions. The additional element of biometric processor computer program and user electronic device merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)). The additional elements do not integrate the abstract idea to practical application nor provides significantly more than the abstract idea.
In summary, the dependent claims considered both individually and as an ordered combination do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself. The claims do not recite an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or provide meaningful limitations beyond generally linking an abstract idea to a particular technological environment. Therefore, the claims are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter.
Claim 8-15:
The limitations of independent claim 8, have been denoted with letters by the Examiner for easy reference. The judicial exceptions recited in claim 1 are identified in bold below:
A method for offline processing of biometrically-enabled payment transactions, comprising:
sending, by a biometric payment application executed by a user electronic device and to a payment terminal that is offline for a merchant, a biometric payment request for a transaction;
receiving, by the biometric payment application and from the payment terminal, a first code comprising a uniform resource locator for a biometric payment processor external to the payment terminal for the merchant or an internal merchant network that is offline and transaction information for the transaction, wherein the payment terminal does not have an active connection with a biometric processor or with an acquirer for the merchant;
accessing, by the biometric payment application, the uniform resource locator;
collecting, by the biometric payment application, a user biometric;
communicating, by the biometric payment application, the user biometric and the transaction information to the biometric payment processor, wherein the biometric payment processor is configured to retrieve, from a vault comprising user biometrics for a plurality of users that are associated with financial instruments, a financial instrument associated with the user biometric and to provide the financial instrument to the acquirer, and the acquirer is configured to decision the transaction and return approval for the transaction to the biometric payment processor;
receiving, by the biometric payment application, the approval for the transaction and a payment token from the biometric payment processor;
generating, by the biometric payment application, a second code comprising the approval and the payment token; and
communicating, by the biometric payment application, the second code to the payment terminal;
wherein the payment terminal is configured to process the transaction using the approval as an offline approval with the payment token.
Limitations A through C and E through I under the broadest reasonable interpretation covers steps or functions of commercial interactions. Other than reciting generic computer hardware and “payment token” in limitation A through C and E through I, nothing in the claim element differentiates the limitation from commercial interactions. Therefore, limitations A through C and E through I recite an abstract idea, as highlighted above, that is consistent with the commercial interactions aspects of a Certain methods of Organizing Human Activities.
Furthermore, limitation D recites “accessing, by the biometric payment application, the uniform resource locator,” which merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)). limitation J recites “wherein the payment terminal is configured to process the transaction using the approval information as an offline approval,” which merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)).
Accordingly, claim 8, recite at least two abstract ideas and the analysis proceed to Step 2A.2.
The judicial exception is not integrated into a practical application. In particular, claim 8 recites the additional elements in bold below:
A method for offline processing of biometrically-enabled payment transactions, comprising:
sending, by a biometric payment application executed by a user electronic device and to a payment terminal that is offline for a merchant, a biometric payment request for a transaction;
receiving, by the biometric payment application and from the payment terminal, a first code comprising a uniform resource locator for a biometric payment processor external to the payment terminal for the merchant or an internal merchant network that is offline and transaction information for the transaction, wherein the payment terminal does not have an active connection with a biometric processor or with an acquirer for the merchant;
accessing, by the biometric payment application, the uniform resource locator;
collecting, by the biometric payment application, a user biometric;
communicating, by the biometric payment application, the user biometric and the transaction information to the biometric payment processor, wherein the biometric payment processor is configured to retrieve, from a vault comprising user biometrics for a plurality of users that are associated with financial instruments, a financial instrument associated with the user biometric and to provide the financial instrument to the acquirer, and the acquirer is configured to decision the transaction and return approval for the transaction to the biometric payment processor;
receiving, by the biometric payment application, the approval for the transaction and a payment token from the biometric payment processor;
generating, by the biometric payment application, a second code comprising the approval and the payment token; and
communicating, by the biometric payment application, the second code to the payment terminal;
wherein the payment terminal is configured to process the transaction using the approval as an offline approval with the payment token.
The additional element(s) in limitation A through J are recited at a high level of generality. The additional elements merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)). The additional element of “payment token” in claim G generally link the use of the judicial exception to a particular technological environment (MPEP § 2106.05(h)). As such, when the additional elements are considered individually and as an ordered combination, the claim as a whole amounts to no more than or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. Accordingly, the additional element(s) do not integrate the abstract idea into a practical application because they do not recite any additional elements indicative of integration into a practical application. Rather, the claim as whole generally links the judicial exception to a technological environment defined by high level recitations of a computer and the Internet. Therefore, the claim is directed to an abstract idea and the analysis proceeds to Step 2B.
The additional elements, both individually and as an ordered combination, do not amount to significantly more than the judicial exception because the outcome of the considerations at Step 2B will be the same when the considerations from Step 2A.2 are reevaluated. As discussed under Step 2A.2, the additional element(s) amount to no more than a generic computer. This is not enough to provide an inventive concept. Therefore, claim 1 is not patent eligible.
Dependent claims 9 and 10 further recite additional elements of various biometric information. However, the additional element does not integrate the abstract idea to practical application nor provides significantly more than the abstract idea.
Dependent claims 11 further recite additional elements of QR code or radio frequency code which generally link the use of the judicial exception to a particular technological environment (MPEP § 2106.05(h)). The additional element does not integrate the abstract idea to practical application nor provides significantly more than the abstract idea.
Dependent claims 12 further recite first code comprises information for payment authorization request which further recites the abstract idea of commercial interactions. The claim does not recite additional element that integrate the abstract idea to practical application nor provides significantly more than the abstract idea.
Dependent claims 13 further recite additional elements of payment token which generally link the use of the judicial exception to a particular technological environment (MPEP § 2106.05(h)). The additional element does not integrate the abstract idea to practical application nor provides significantly more than the abstract idea.
Dependent claims 14 further recite provides transaction information to acquirer after active connection is restored which further recite the abstract idea of commercial interactions. The additional element of payment terminal merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)). The additional elements of payment token generally link the use of the judicial exception to a particular technological environment (MPEP § 2106.05(h)). The additional elements do not integrate the abstract idea to practical application nor provides significantly more than the abstract idea.
Dependent claims 15 further recite registering user biometric and financial instrument and to associate user information which further recite the abstract idea of commercial interactions. The additional element of biometric processor computer program and user electronic device merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)). The additional elements of generating payment token generally link the use of the judicial exception to a particular technological environment (MPEP § 2106.05(h)). The additional elements do not integrate the abstract idea to practical application nor provides significantly more than the abstract idea.
In summary, the dependent claims considered both individually and as an ordered combination do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself. The claims do not recite an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or provide meaningful limitations beyond generally linking an abstract idea to a particular technological environment. Therefore, the claims are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 7-13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crooks et al. (US 20220067685 A1), and further in view of Radu et al. (US 20160092878 A1).
With respect to claim 1:
Crooks teaches (in italic):
receiving, by a […] processor computer program disposed on a […] processor at a uniform resource locator for the biometric processor, a […] payment request from a user electronic device, the […] payment request comprising transaction information for a transaction being conducted at a payment terminal for a merchant […]. (At operation 302, the POS system may operate as an air-gapped POS system and thus be unable to communicate with network entities other than those within the local store in which the POS system is installed; that is the POS system may be unable to communicate via the internet. For example, if the POS system is installed in a grocery store, the POS system may be used to scan items to be purchased by a consumer at the POS system, provide a running total cost for the items to be purchased by the consumer, accept a payment for the items to be purchased by a consumer, etc. To initiate air gap communication, at operation 306, the POS system may generate a query token containing an internet web address and data payload-related to the trigger event. The web address may be a website Uniform Resource Locator (URL). At operation 310, the portable communication device may communicate with servers or other entities via the internet based on the query token. [0056-0064])
wherein the payment terminal does not have an active communication connection with the […] processor computer program or with an acquirer for the merchant. (At operation 302, the POS system may operate as an air-gapped POS system and thus be unable to communicate with network entities other than those within the local store in which the POS system is installed; that is the POS system may be unable to communicate via the internet. [0056])
returning, by the […] processor computer program, the approval and the financial instrument to the user electronic device. (In some embodiments, shown at operation 312, two-way communication may be used in which a response is received by the portable communication device from the website. [0065])
wherein the user electronic device is configured to generate a code comprising the financial instrument and the approval and present the code to the payment terminal. (At operation 314 the portable communication device may display the response, which may be a proprietary code such as a QR code or other response token. The proprietary format (response) QR code displayed on the portable communication device may be provided to the scanner or webcam of the POS system. [0065])
the payment terminal is configured to process the transaction using the approval code as an offline approval. (The POS system may interpret the response QR code and take one or more actions based on the response QR code to resolve the trigger event encoded inside. [0065])
Crooks does not explicitly teach the following limitations. However,
Radu teaches:
receiving, by a biometric processor computer program […] a biometric payment request from a user electronic device, the biometric payment request comprising […] a user biometric. (In other embodiments, and/or for some users, the user authentication data may include biometric data gathered from the user by the user/payment device 212 (again upon prompting from the user/payment device 212). At block 508 in FIG. 5, the wallet server 206 may verify the user authentication data that it received from the user/payment device 212. [0069 0072])
retrieving, by the biometric processor computer program and from a vault comprising user biometrics for a plurality of users that are associated with financial instruments, a financial instrument associated with the user biometric. (Block 512 in FIG. 5 represents the wallet server 206 receiving the account selection data that was generated and transmitted by the user/payment device 212. In response, at block 514, the wallet server 206 may retrieve the card entry for the selected account from the wallet partition that it maintains for the user. This may involve retrieving account data related information that has been stored in the card entry in question. The storage device 304 may also store a wallet maintenance application program 312 that controls the processor 300 to enable the wallet server 206 to store and maintain the digital wallets that have been established by users in the wallet server 206. [0045 0047 0072 0086] Fig. 3)
providing, by the biometric processor computer program, the financial instrument and the transaction information to the acquirer, wherein the acquirer is configured to decision the transaction and return an approval for the transaction to the biometric processor computer program. (At 518, the wallet server 206 may transmit the transaction cryptogram to the merchant/acquirer 202 (FIG. 2), via the wallet switch 204. Assuming all is in order with the user's account, the issuer may return a favorable authorization response that is routed via the payment network 110 to the acquirer/issuer. a conventional authorization response approving the transaction may be routed back to the merchant 604 from the issuer, via the payment network and the acquirer 606. [0089 0116])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by Crooks to utilizing biometric during transaction with the technique as disclosed by Radu to improve security as Radu suggested [0072].
With respect to claim 2:
Radu further teaches wherein the user biometric comprises a finger biometric, a face biometric, a palm biometric and/or a voice biometric. (For example, the biometric data may be from a voice utterance by the user into the microphone of the user/payment device 212 to generate voice recognition biometric data. As another alternative, the user/payment device 212 may execute a fingerprint read with respect to the user. As still another possibility, the user/payment device (if equipped with a camera) may capture an image of the user's face to generate facial recognition biometric data. [0069])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by Crooks to utilizing biometric during transaction with the technique as disclosed by Radu to improve security as Radu suggested [0072].
With respect to claim 3:
Radu further teaches wherein the user biometric further comprises images, images, vectors, and/or datapoints. (For example, the biometric data may be from a voice utterance by the user into the microphone of the user/payment device 212 to generate voice recognition biometric data. As another alternative, the user/payment device 212 may execute a fingerprint read with respect to the user. As still another possibility, the user/payment device (if equipped with a camera) may capture an image of the user's face to generate facial recognition biometric data. [0069])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by Crooks to utilizing biometric during transaction with the technique as disclosed by Radu to improve security as Radu suggested [0072].
With respect to claim 4:
Radu further teaches wherein the financial instrument comprises a payment token. (Enrollment of the user's payment card accounts may, in at least some cases, be via the PAN (primary account number) that identifies the payment card account in question and/or may be via a payment token [0045])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by Crooks to use payment token with the technique as disclosed by Radu to improve security as Radu suggested [0088].
With respect to claim 5:
Crooks further teaches wherein the code comprises a QR code or a radio frequency code. (At operation 314 the portable communication device may display the response, which may be a proprietary code such as a QR code or other response token. The proprietary format (response) QR code displayed on the portable communication device may be provided to the scanner or webcam of the POS system. [0065])
With respect to claim 7:
Radu further teaches receiving, by the biometric processor computer program, the user biometric and a financial instrument from the user electronic device; and storing, by the biometric processor computer program, an association between the user biometric and the financial instrument. (The user enrollment application program 310 may control the processor 300 to enable the wallet server 206 to handle requests from users to enroll for wallet services provided by the wallet server 206. For example, this may include, at least in part, opening a user account on the wallet server 206 and enrolling a number of the user's payment card accounts for inclusion in the digital wallet to be provided for the user on the wallet server 206. the wallet server 206 may analyze the biometric data and/or verify the biometric data against biometric reference data stored for the user in the wallet partition for the user's account. Such databases may include, for example, a database (not separately indicated in FIG. 3) for storing data corresponding to digital wallets and associated digital cards maintained for users/cardholders in the wallet server 206. [0045 0051 0072 0077])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by Crooks to register user account information with the technique as disclosed by Radu as this would have been obvious to establish user account database.
With respect to claim 8:
Crooks teaches (in italic):
receiving, by the […] payment application and from the payment terminal, a first code comprising a uniform resource locator for a […] payment processor and transaction information for the transaction. (To initiate air gap communication, at operation 306, the POS system may generate a query token containing an internet web address and data payload-related to the trigger event. The query token may be a single or multi-dimensional token such as, for example, a one-dimensional (bar code) or two-dimensional (QR code) token. For example, the display of the POS system may show a Hypertext Markup Language (HTML) QR code encoded with a web address and related metadata. [0058-0060])
wherein the payment terminal does not have an active connection with a […] processor or with an acquirer for the merchant. (At operation 302, the POS system may operate as an air-gapped POS system and thus be unable to communicate with network entities other than those within the local store in which the POS system is installed; that is the POS system may be unable to communicate via the internet. [0056])
accessing, by the […] payment application, the uniform resource locator. (At operation 308, a portable communication device may read the query token using a built-in camera, NFC reader, etc. The portable communication device may be, for example, a smart phone or tablet computer that is capable of both capturing and interpreting the query token and communicating with servers or other entities via the internet based on the query token. [0063])
receiving, by the biometric payment application, the approval for the transaction and a payment token from the biometric payment processor; generating, by the biometric payment application, a second code comprising the approval and the payment token; communicating, by the biometric payment application, the second code to the payment terminal. (In some embodiments, shown at operation 312, two-way communication may be used in which a response is received by the portable communication device from the website. At operation 314 the portable communication device may display the response, which may be a proprietary code such as a QR code or other response token. The proprietary format (response) QR code displayed on the portable communication device may be provided to the scanner or webcam of the POS system. [0065])
wherein the payment terminal is configured to process the transaction using the approval as an offline approval with the payment token. (The POS system may interpret the response QR code and take one or more actions based on the response QR code to resolve the trigger event encoded inside. [0065])
Crooks does not explicitly teach the following limitations. However,
Radu teaches:
sending, by a biometric payment application executed by a user electronic device and to a payment terminal for a merchant, a biometric payment request for a transaction. (For example, the user may select merchandise and indicate to the merchant that the user wishes to purchase the merchandise. This may occur, for example, in a brick-and-mortar retail store or as part of an online purchase transaction. In some cases, there may be communication between the user/payment device 212 and the merchant to identify the user/payment device 212. [0062])
collecting, by the biometric payment application, a user biometric; communicating, by the biometric payment application, the user biometric and the transaction information to the biometric payment processor, wherein the biometric payment processor is configured to retrieve, from a vault comprising user biometrics for a plurality of users that are associated with financial instruments, a financial instrument associated with the user biometric and to provide the financial instrument to the acquirer. (In other embodiments, and/or for some users, the user authentication data may include biometric data gathered from the user by the user/payment device 212 (again upon prompting from the user/payment device 212). At block 508 in FIG. 5, the wallet server 206 may verify the user authentication data that it received from the user/payment device 212. The storage device 304 may also store a wallet maintenance application program 312 that controls the processor 300 to enable the wallet server 206 to store and maintain the digital wallets that have been established by users in the wallet server 206. [0045 0047 0069 0072])
the acquirer is configured to decision the transaction and return approval for the transaction to the biometric payment processor. (At 518, the wallet server 206 may transmit the transaction cryptogram to the merchant/acquirer 202 (FIG. 2), via the wallet switch 204. Assuming all is in order with the user's account, the issuer may return a favorable authorization response that is routed via the payment network 110 to the acquirer/issuer. a conventional authorization response approving the transaction may be routed back to the merchant 604 from the issuer, via the payment network and the acquirer 606. [0089 0116])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by Crooks to utilizing biometric during transaction with the technique as disclosed by Radu to improve security as Radu suggested [0072].
With respect to claim 9:
Radu further teaches wherein the user biometric comprises a finger biometric, a face biometric, a palm biometric and/or a voice biometric. (For example, the biometric data may be from a voice utterance by the user into the microphone of the user/payment device 212 to generate voice recognition biometric data. As another alternative, the user/payment device 212 may execute a fingerprint read with respect to the user. As still another possibility, the user/payment device (if equipped with a camera) may capture an image of the user's face to generate facial recognition biometric data. [0069])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by Crooks to utilizing biometric during transaction with the technique as disclosed by Radu to improve security as Radu suggested [0072].
With respect to claim 10:
Radu further teaches wherein the user biometric further comprises images, images, vectors, and/or datapoints. (For example, the biometric data may be from a voice utterance by the user into the microphone of the user/payment device 212 to generate voice recognition biometric data. As another alternative, the user/payment device 212 may execute a fingerprint read with respect to the user. As still another possibility, the user/payment device (if equipped with a camera) may capture an image of the user's face to generate facial recognition biometric data. [0069])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by Crooks to utilizing biometric during transaction with the technique as disclosed by Radu to improve security as Radu suggested [0072].
With respect to claim 11:
Crooks further teaches wherein the first code and the second code comprise a QR code or a radio frequency code. (To initiate air gap communication, at operation 306, the POS system may generate a query token containing an internet web address and data payload-related to the trigger event. The query token may be a single or multi-dimensional token such as, for example, a one-dimensional (bar code) or two-dimensional (QR code) token. For example, the display of the POS system may show a Hypertext Markup Language (HTML) QR code encoded with a web address and related metadata. At operation 314 the portable communication device may display the response, which may be a proprietary code such as a QR code or other response token. The proprietary format (response) QR code displayed on the portable communication device may be provided to the scanner or webcam of the POS system. [0058-0060 0065])
With respect to claim 12:
Crooks further teaches wherein the first code further comprises information for a payment authorization request. (To initiate air gap communication, at operation 306, the POS system may generate a query token containing an internet web address and data payload-related to the trigger event. The query token may be a single or multi-dimensional token such as, for example, a one-dimensional (bar code) or two-dimensional (QR code) token. For example, the display of the POS system may show a Hypertext Markup Language (HTML) QR code encoded with a web address and related metadata. [0058-0060])
With respect to claim 13:
Crooks further teaches wherein the approval information comprises a payment token. (At operation 314 the portable communication device may display the response, which may be a proprietary code such as a QR code or other response token. The proprietary format (response) QR code displayed on the portable communication device may be provided to the scanner or webcam of the POS system. [0065])
With respect to claim 15:
Radu further teaches registering, by the biometric payment application, a financial instrument and the user biometric with the biometric payment processor; wherein the biometric payment processor is configured to generate a payment token for the financial instrument and to associate the payment token with the user biometric. (The programs stored by the storage device 304 may include, for example, a user enrollment application program 310. The user enrollment application program 310 may control the processor 300 to enable the wallet server 206 to handle requests from users to enroll for wallet services provided by the wallet server 206. Enrollment of the user's payment card accounts may, in at least some cases, be via the PAN (primary account number) that identifies the payment card account in question and/or may be via a payment token of the type referred to in the “Payment Token Interoperability Standard” published in November 2013 by MasterCard International Incorporated, Visa and American Express. [0045])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by Crooks to register user account information with the technique as disclosed by Radu as this would have been obvious to establish user account database.
Claim(s) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over "Crooks" and "Radu" as applied to claim 1 and 8 above, and further in view of Bhat et al. (US 20190130386 A1).
With respect to claim 6:
Crooks in view of Radu does not teach wherein the payment terminal is configured to provide the financial instrument and the transaction information to the acquirer after the active connection is restored. However,
Bhat teaches wherein the payment terminal is configured to provide the financial instrument and the transaction information to the acquirer after the active connection is restored. (Storing, by the merchant computing device, the payment approval message; and providing, by the merchant computing device, offline transaction information corresponding to the payment approval message to the payment server when connectivity to the payment server has been restored. [Abstract])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by Crooks in view of Crooks to upload offline transactions after connection restored with the technique as disclosed by Bhat to improve functionality by processing payments during congested or no network as Bhat suggested [0016].
With respect to claim 14:
Crooks in view of Radu does not teach wherein the payment terminal is configured to provide the payment token and the transaction information to the acquirer after an active connection is restored. However,
Bhat teaches wherein the payment terminal is configured to provide the payment token and the transaction information to the acquirer after an active connection is restored. (Storing, by the merchant computing device, the payment approval message; and providing, by the merchant computing device, offline transaction information corresponding to the payment approval message to the payment server when connectivity to the payment server has been restored. [Abstract])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by Crooks in view of Crooks to upload offline transactions after connection restored with the technique as disclosed by Bhat to improve functionality by processing payments during congested or no network as Bhat suggested [0016].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20160132870 A1: The method further includes facilitating a secure transaction between the client device and a point-of-sale (POS) machine while the client device is offline.
US 20200342439 A1: Provided is method, client device and POS terminal for offline transaction. The invention can provide a safe and convenient solution for the offline purchase transaction of the mobile phone users on the client end. There is no need to install a special terminal for the merchant to top-up the virtual card, and the cardholder can easily top-up the card. Moreover, the offline operation can be realized, and the recharge and consumption operation can also be completed in some places where the wireless network coverage is not good.
US 20200380495 A1: FIG. 15 shows a process for a payment transaction for a purchase from an offline merchant 300. In this example, a digital wallet, in the form of a mobile payment application on an iOS or Android operating system is installed on a mobile device 200 of the customer. Additionally, a form of payment, such as a credit card, is registered on the digital wallet. The merchant 300 may include merchant information. Such merchant information may be communicated to the digital wallet via NFC tag of the merchant 300 or a QR tag of the merchant 300.
US 20210019734 A1: Embodiments disclosed herein provide secure techniques for processing payments for offline transactions using a contactless card. Generally, a merchant point of sale (POS) device may be unable to communicate with a payment processing system for any number of reasons, such as a loss of Internet connectivity.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZESHENG XIAO whose telephone number is (571)272-6627. The examiner can normally be reached 10:00am-4:30pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patrick McAtee can be reached on (571) 272-7575. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Z.X./Examiner, Art Unit 3698
/PATRICK MCATEE/Supervisory Patent Examiner, Art Unit 3698
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