DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
Applicant’s “Amendment” filed on 05/12/2026 has been considered.
Claims 1, 7-9, and 18 are amended. Claims 11-14 and 19-23 are canceled. Claims 27-35 are added. Claims 1-10, 18, and 27-35 remain pending in this application and an action on the merits follow.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-10, 18, and 27-35 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over International Patent Publication No. WO 2008/027620 to Tumminaro et al, in view of U.S. Patent Publication Application No. 2012/0196529 to Huomo et al.
With regard to claims 1 and 18, Tumminaro discloses a wireless mobile end-user device comprising:
a wireless radio (claim 28, a radio frequency identification (RFID) transponder and receiver);
a user interface (paragraph 1593, a JAVA API executing on the mobile device for generating a user interface API to create transaction request);
one or more processors including at least one application processor (Fig. 97, paragraph 1206, The programmable processing unit 9618 can be implemented in a microcontroller, an ASIC (Application Specific Integrated Circuit), a so-called SOC (System-On-a-Chip) and other integrated circuits. Each of these types of integrated circuits has one or more processor units and memory of varying capacity and offers differing degrees of customization, capability and costs for the particular requirements of the program applications);
an end-user device memory that includes a secure dedicated memory partition (paragraphs 11 and 621, Attempts to create a mobile payment system using cellular devices have met with mixed success primarily because the cell phone must have an additional circuit device (or "chip") that is used to store account balances and account information. When the person holding the phone wishes to transfer funds, the funds are deducted at the point of sale from the chip and transferred to the financial institution at a later time to be recorded by the financial institution. A secure case or housing that may house devices like smart chips. Examiner notes that an additional circuit device (or "chip") is housed/separated/protected by a secure case to execute a mobile payment function cab be considered as “a secure dedicated memory partition”);
a secure service downloader stored in the secure dedicated memory partition and configured to execute from the secure dedicated memory partition of the end-user device memory (paragraphs 11, 467, 543, 620-621, 702, and 706 having a special chip (i.e., an integrated circuit device) added solely to support and enable financial functionality of a device. The MCA resides on the cell phone 3802 and comprises user interface APIs 3802 and 3803 and a Payment API 3805. Account holders install (or have installed) the MCA on their mobile phone. On a SIM card where account holders may purchase devices with the MCA already installed on the SIM card. Examiner notes that the MCA is downloaded in the smart/SIM card and is operable/executable from the SIM card (i.e., the secure dedicated memory partition), which is considered as “a secure service downloader stored in the secure dedicated memory partition and configured to execute from the secure dedicated memory partition of the end-user device memory”.);
the one or more processors configured to: establish a secure connection between the wireless mobile end-user device and one or more computing devices over a wireless network via the wireless radio (paragraph 465, the merchant can send a PAY REQUEST to cell phone 3702 by way of an Internet connection 3706 and payment server 3704.);
receive from the one or more computing devices a purchase confirmation request for an electronic mobile commerce transaction (paragraphs 465 and 776, Payment server 3704 would call cell phone 3702 and request the consumer to authorize the transfer of funds. The account holder will select Request Pay to request a payment. This will take the account holder to the Send to screen where the account holder will enter the mobile phone number of where they want to send their payment request.);
in response to receiving the purchase confirmation request, provide, using the user interface, (i) information relating to the electronic mobile commerce transaction to a device user, the information including an amount of the electronic mobile commerce transaction, and (ii) a request to the device user for a user approval of the electronic mobile commerce transaction (paragraphs 465 and 792-798, The consumer would then enter their PIN or other biometric identification and confirm the amount to authorize the payment. The Requestee will receive a message that they have a new item from the payment server. Pay to (requester phone number) and Amount. If the payee accepts the request they will select the 'accept' soft key.);
after providing the request to the device user for the user approval of the electronic mobile commerce transaction, receive the user approval of the electronic mobile commerce transaction by receiving a biometric response from the device user locally on the wireless mobile end-user device (paragraphs 465-466 and 798, The consumer would then enter their PIN or other biometric identification and confirm the amount to authorize the payment. The payment server 3704 would again call the cell phone 3702 to request the PIN or other biometric identification and payment authorization. Once the payee enters their PIN and selects OK they will be brought to the confirmation screen.);
wherein, after the one or more processors receive the user approval of the electronic mobile commerce transaction, the secure service downloader is configured to communicate a unique encryption or signing key from the secure dedicated memory partition, via a secure communication link, in connection with a billing event that relates to the electronic mobile commerce transaction, wherein the unique encryption or signing key is not accessible by the application processor (abstract, paragraphs 199-200, 352,460, 545, 555, 558, 621-624, 675, 677, 685, 681-683, 686, and 690-691, If the cell phone 4806 is sufficient configured with an mobile client application, it is possible to encrypt the password before including it in the SMS message. If the account holder's phone supports the mobile client application, then all SMS messages exchanged between cell phone 4806 and server 4804 may be encrypted for added security. The sequence number is initialized when the cell phone payment service is activated. In the transaction table, each idempotence key will be expected to be unique. The wireless transmission source transmits a key with the transaction request. The system will determine the authenticity of the transmission based on the transmitted key. If the transmission is determined to be authentic, the transaction will be acted upon. The transmitted key includes an electronic identifier identifying a user that requested the value exchange transaction and a sequence number. Examiner notes that the encrypted password can be considered as “a unique encryption or signing key”. In another embodiment, Examiner notes that an unique sequence key/number can also be considered as “a unique encryption or signing key”).
Tumminaro discloses all SMS messages exchanged between cell phone 4806 and server 4804 may be encrypted for added security (paragraph 558). However, Tumminaro does not disclose wherein data stored in the secure dedicated memory partition are encrypted.
However, Huomo teaches wherein data stored in the secure dedicated memory partition are encrypted (the secure elements 30 and 31 are programmed with or programmable with an operating system and one or more applications platforms applications so as to be capable of encrypting transaction data and storing encrypted transaction data (for example ticket data, access data, purchase data) in accordance with that applications platform. To this end the secure elements 30 and 31 each have a controller (CONT) 32 (which may be a microprocessor, microcontroller or state machine, for example) which controls the functionality of the secure element in accordance with its operating systems and the installed applications platform or platforms and a data or memory store (MEM) 33, generally both provided by an integrated circuit. Examiner notes that a memory store (MEM) 33 of the secure elements can be considered as “the secure dedicated memory partition”. Examiner notes that storing encrypted transaction data in the secure element (i.e., a smart SIM card), which is considered as “data stored in the secure dedicated memory partition are encrypted “., Fig. 1, paragraphs 48 and 54).
Therefore, it would have been obvious to one of ordinary skill in the art before the time of the invention was made to modify Tumminaro to include, wherein data stored in the secure dedicated memory partition are encrypted, as taught in Huomo, in order to collect and store this data securely (Huomo, paragraph 43).
With regard to claims 2 and 27, Tumminaro discloses the wireless mobile end-user device further comprises a mobile payment agent configured to create a token corresponding to the electronic mobile commerce transaction (paragraphs 405 and 542, after receiving the sequence number, generating a transaction number for the payment instruction. The MCA manages and inserts a transaction number that includes idemopotent keys that make the transaction number unique for data services SMS).
With regard to claims 3 and 28, Tumminaro discloses the one or more processors are further configured to use a mobile payment agent for receiving the purchase confirmation request (paragraph 750, The request will be sent to the payer who has the option to approve the transaction by entering their PIN and pressing OK.).
With regard to claims 4 and 29, Tumminaro discloses the one or more processors are further configured to use a mobile payment agent for providing the user approval of the electronic mobile commerce transaction to be conducted through a central billing process (paragraphs 335, 420, 750, 752, and 773, In the event user A has sufficient funds, and user B accepts the transaction, the amount is debited from user A's account and credited to user B's account. The MCA can also be used to by an Account holder to check the current balance of their prepaid debit account from their mobile device. the account holder may link their account with accounting application software such that each transaction is recorded in a database for use in budgeting, planning, record keeping or for tax purposes. PBT settles credit card transaction and sends a $300 ACH to Obopay's settlement account at Bancorp Bank.).
With regard to claims 5 and 30, Tumminaro discloses the one or more processors are further configured to confirm that a user account has a sufficient credit limit to be billed for the electronic mobile commerce transaction (paragraph 335, In the event user A has sufficient funds, and user B accepts the transaction, the amount is debited from user A's account and credited to user B's account.).
With regard to claims 6 and 31, Tumminaro discloses the secure connection between the wireless mobile end-user device and the one or more computing devices includes header information or signed message transactions (paragraphs 868-874 and 908, A service request is initiated by the mobile device is the PaymentService.payP2P call. This function performs account holder to account holder payment, the Java method signature is: public PaymentSummary payP2P. To be consistent with MCA and platform architecture that handles device-initiated calls, the present invention has implemented the handler of such notifications on the device as "device services" with the same ServiceProxy signatures when methods on these "device services" are invoked from the server side.).
With regard to claims 7 and 32, Tumminaro discloses the secure dedicated memory partition includes the unique encryption or signing key corresponding to the electronic mobile commerce transaction (abstract, paragraphs 199-200, 352,460, 545, 555, 558, 621-624, 675, 677, 685, 681-683, 686, and 690-691).
With regard to claims 8 and 33, Tumminaro discloses the secure dedicated memory partition communicates the unique encryption or signing key corresponding to the electronic mobile commerce transaction via the secure communication link (abstract, paragraphs 199-200, 352,460, 545, 555, 558, 621-624, 675, 677, 685, 681-683, 686, and 690-691).
With regard to claims 9 and 34, Tumminaro discloses the secure dedicated memory partition communicates the unique encryption or signing key corresponding to the electronic mobile commerce transaction via the secure communication link after the one or more processors receive the user approval for the electronic mobile commerce transaction (abstract, paragraphs 199-200, 352,460, 545, 555, 558, 621-624, 675, 677, 685, 681-683, 686, and 690-691).
With regard to claims 10 and 35, Tumminaro discloses the one or more processors are further configured to send a confirmation of a purchase bill to a billing server for a triangle confirmation of the electronic mobile commerce transaction (paragraph 460, The POS terminal transfers the transaction amount directly from the POS terminal to the payment server for authorization by a cell phone connection 3615).
Response to Arguments
Applicants' arguments filed on 05/12/2026 have been fully considered but they are not fully persuasive especially in light of the previously references applied in the rejections.
Applicants remark that “the combination of references does not disclose a secure service downloader stored in the secure dedicated memory partition and configured to execute from the secure dedicated memory partition of the end-user device memory; …a unique encryption or signing key from the secure dedicated memory partition”.
Examiner directs Applicants' attention to the office action above.
Conclusion
Please refer to form 892 for cited references.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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.
Any inquiry concerning this communication from the examiner should be directed to Ariel Yu whose telephone number is 571-270-3312. The examiner can normally be reached on Monday-Friday 9:00am-5:00pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Obeid Fahd A can be reached on 571-270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIEL J YU/Primary Examiner, Art Unit 3627
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