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 .
DETAILED ACTION
Status of Claims
Claims 1, 13 and 14 have been amended. Claims 1-11 and 13-15 are pending.
Response to Arguments
Applicant’s arguments regarding the 101 rejection of the claims have been considered but are not persuasive.
Applicant argues the claim amendments integrate the abstract idea into a practical application. The electronic device having the camera involves particular physical operations such as adjusting the location of the code and orientation of the camera which cannot be performed in the human mind and require a physical and particular machine.
The Office asserts that the basis of the rejection is that the limitation in question s directed to obtaining a payment order. The electronic device and camera and code are merely means to obtain the payment order. There are many ways to obtain a payment order, the least of which is to simply transmit or receive a paper copy of one. Using a camera to scan a code to obtain the payment order adds the words “apply it” as the means. In order for the camera, et al. to confer a practical application it must improve the functioning of a computer, technology or technical field, which is not asserted nor apparent, apply the judicial exception with a particular machine or in some other meaningful way, at least. In the present case the camera or electronic device is not described as a particular machine, despite applicant’s arguments otherwise, as it appears to be at least a basic cellphone or smartphone. The additional element is also not meaningful as there is no indication that any advantage is obtained by using the camera or electronic device other that want would normally be expected from such a device.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-11, and 13-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s):
An entrusted withholding processing method, comprising:
scanning, by a camera of a code scanning device configured by a merchant, a
reimbursement code according to an access request submitted by a mobile terminal to obtain a payment order of an institution member, the code scanning device being an electronic device having the camera configured to scan the reimbursement code when displayed on a mobile terminal;
performing expense control verification on the payment order of the institution member based on an expense control rule configured for the reimbursement code of an institution;
upon determining that the expense control verification is passed, detecting whether the reimbursement code is bound to a fund account opened by the institution on a financial platform; and
upon determining that the reimbursement code is bound to the fund account opened by the institution on the financial platform, generating an entrusted withholding request of the payment order, and submitting the entrusted withholding request to the financial platform, to perform entrusted withholding processing of the payment order based on the fund account.
The underlined portions of the claims represent certain methods of organizing human activity, commercial interactions including sales activities since the claims are directed to the processing of a payment order.
This judicial exception is not integrated into a practical application because the additional limitations. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because for the reasons presented above.
The dependent claims merely narrow the abstract idea and adds additional elements representing adding the words “apply it”, or the like, such as a bill application link, and an e-bill. As a whole, and in combination, the claims comprise an abstract idea with the words “Apply it”, or the like.
Claims 13 and 14 include the recited abstract idea above and include additional limitations including a device comprising a processor and non-transitory storage medium executed by a processor and are similarly rejected.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 or earlier communications from the examiner should be directed to WILLIAM E RANKINS whose telephone number is (571)270-3465. The examiner can normally be reached on 9-530 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bennett Sigmond can be reached on 303-297-4411. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM E RANKINS/Primary Examiner, Art Unit 3694
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