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 .
This office action is in response to applicant’s RCE filed on 03/30/2026.
Claims 1-5, 7-11, 13-18, 20-23 are pending and examined in this office action.
Claim 1 recites “wherein the mobile device is further configured to transmit, via a wired or wireless connection, the software package to the payment terminal”. Applicant is advised to amend “a wired or wireless connection” to “the second wired or wireless connection” for better clarity.
Response to Arguments
Applicant’s arguments filed on 02/27/2026 have been fully considered. Applicant argued that the cited prior art (specifically Martinez) do not teach the amended claim limitations. However, applicant’s arguments are moot in light of new grounds of rejection with a new reference (Spencer) applied.
The examiner is available for a phone interview with applicant.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-3, 8, 10-11 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2-3, 10-11 recite the limitation of “the wired or wireless connection”. It is not clear if it is referring to the first wired or wireless connection or the second wired or wireless connection. For the purpose of examination, it is interpreted as any wired or wireless connection.
Claim 8 recites the limitation of “wherein the wired or wireless connection is different than the communication channel”. It is not clear if it is referring to the first wired or wireless connection or the second wired or wireless connection. For the purpose of examination, it is interpreted as the second wired or wireless connection.
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.
Claims 1-5, 7-11, 13-18, 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Chakkaravarthi (US PGPUB 2019/0227782), in view of Spencer et al. (US patent 9980140) hereinafter Spencer, in view of Douthat et al. (US PGPUB 2018/0314661) hereinafter Douthat.
Per claim 1, Chakkaravarthi discloses a system for facilitating a software update, comprising:
a terminal configured to display, via a screen, a QR code, wherein the QR code comprises terminal data corresponding to the terminal (claim 1; paragraph [0043]; a target electronic device displaying a QR code that encodes device information associated with the target electronic device); a mobile device configured to: capture the QR code displayed on the terminal; generate an update initiation command based at least in part on the terminal data of the QR code; transmit the update initiation command; (claim 1; paragraph [0049]; a mobile electronic device scans the QR code displayed on the target electronic device; decoding the QR code, transmit the decoded version information to an update server; the version information is used to initiate downloading of an update); a remote server configured to:
receive the update initiation command transmitted by the mobile device; and transmit the software package to the mobile device in response to receiving the update initiation command; wherein the mobile device is further configured to transmit, via a wired or wireless connection, the software package to the terminal; and wherein the terminal is further configured to install the software package (claim 1; paragraphs [0051][0055]; the update server receives the version information from the mobile device, and transmits an update package to the mobile device after a determination; then the mobile device establishes a wireless connection to the terminal, transmits the update package to the terminal, the terminal installs the update package).
Chakkaravarthi does not explicitly teach the terminal configured to receive, via a first wired or wireless connection, a software update preparation command, wherein the software update preparation command comprises a payload used by a software package for updating terminal software, and the mobile device configured to receive, via a second wired or wireless connection, the software update preparation command; transmit, via the first wired or wireless connection, the software update preparation command to the terminal, and the remote server configured to generate the software update preparation command; transmit, via the second wired or wireless connection, the software update preparation command to the mobile device, wherein the software update preparation command is signed and encrypted to prevent the mobile device from reading and/or
modifying the software update preparation command. However, Spencer suggests the above (Fig. 7; column 25, line 1-35; computer system 302 (remote server) generates a dev-update command (software update preparation command), which comprises a payload (update) for updating device 306 (terminal), the dev-update command is transmitted to controller 304 (mobile device) via a second network connection; the dev-update and its payload is encrypted/signed on the computer system 302 and sent via an encrypted channel to the device 306, intermediary devices along the update transmission path, such as the controller 304 (mobile device), never see unencrypted content (i.e. preventing unauthorized modification); the controller 304 (mobile device) receives the dev-update command from the computer system 302 (remote server), and retransmits it to device 306 (terminal) via a first network connection). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Chakkaravarthi and Spencer to provide an encrypted software update command from a server to the terminal device via an intermediate device (mobile device)), as the encryption prevents unauthorized modification by the intermediate device.
While Chakkaravarthi discloses performing an update process on a terminal, Chakkaravarthi does not explicitly teach the terminal is a payment terminal. However, Douthat discloses (paragraph [0071]) performing a software update process on a point of sales device (payment terminal). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Chakkaravarthi, Spencer and Douthat to apply Chakkaravarthi’s software update process to different types of terminals including a payment terminal, this would increase the usability and versatility of Chakkaravarthi’s invention.
Per claim 2, Chakkaravarthi further suggests wherein the wired or wireless connection utilizes Wi-Fi, Bluetooth, or Near Field Communication (NFC) (paragraph [0031]; wi-fi connection).
Per claim 3, Chakkaravarthi in view of Douthat further suggests wherein the wired or wireless connection utilizes an On-the-Go (OTG) cable (Chakkaravarthi, paragraph [0038]; using wired connection for networking; Douthat; paragraph [0004]; using USB On-The-Go wired connection for device networking).
Per claim 4, Spencer discloses encrypting the software update preparation command (Fig. 7; column 25, line 1-35; dev-update command, and it is encrypted by the server). Douthat further suggests wherein the software update preparation command is encrypted and/or signed by a first key; wherein the terminal is further configured to: decrypt and/or authenticate, via a second key corresponding to the first key, the software update preparation command prior to receive the software package (paragraphs [0027][0038]; exchanging information between two devices may involve encryption using a key at a first device, and decryption using another key at a second device). Therefore, it would have been obvious to combine Spencer and Douthat to encrypt the software update preparation command at the mobile device using a first key, and the decrypt the software update preparation command at the target electronic device using a second key, for a more secured connection.
Per claim 5, Douthat further suggests wherein the second key is stored in a memory of the payment terminal (paragraphs [0027][0038]; memory that store encryption/decryption security keys for encrypting and/or decrypting transaction information).
Per claim 7, Chakkaravarthi further suggests wherein the remote server is an app store (paragraph [0040]; an update server that stores and provides the software program).
Per claim 21, Spencer further suggests wherein the payload of the software update preparation command comprises media files (Fig. 7; column 25, line 1-35; computer system 302 (remote server) generates a dev-update command (software update preparation command), which comprises a payload (update) for updating device 306 (terminal); it would have been obvious the update payload contains graphic files (media files) which are used to render user interface for the terminal).
Per claim 8, Chakkaravarthi discloses a mobile device comprising a processor configured to:
transmit, via a communication channel, an update initiation command to the remote server, wherein the update initiation command corresponds to terminal data of a terminal (claim 1; paragraph [0049]; a mobile electronic device scans the QR code displayed on the target electronic device; decoding the QR code, transmit decoded the version information to an update server; the version information is used to initiate downloading of an update); receive, via the communication channel, a software package transmitted by the remote server, wherein the software package corresponds to the update initiation command; and transmit, via the second wired or wireless connection, the software package to the terminal, wherein the wired or wireless connection is different than the communication channel (claim 1; paragraphs [0051][0055][0038]; the update server receives the version information from the mobile device, and transmits an update package to the mobile device after a determination; then the mobile device establishes a wired/wireless connection (i.e. a different communication channel) to the terminal, transmits the update package to the terminal, the terminal installs the update package).
Chakkaravarthi does not explicitly teach receive, via a first wired or wireless connection, a software update preparation command from a remote server, wherein the software update preparation command comprises a payload used by a software package for updating terminal software, and wherein the software update preparation command is signed and/or encrypted to prevent the mobile device from reading and modifying the software update preparation command; transmit, via a second wired or wireless connection, a software update preparation command to a terminal. However, Spencer suggests the above (Fig. 7; column 25, line 1-35; computer system 302 (remote server) generates a dev-update command (software update preparation command), which comprises a payload (update) for updating device 306 (terminal), the dev-update command is transmitted to controller 304 (mobile device) via a second network connection; the dev-update and its payload is encrypted/signed on the computer system 302 and sent via an encrypted channel to the device 306, intermediary devices along the update transmission path, such as the controller 304 (mobile device), never see unencrypted content (i.e. preventing unauthorized modification); the controller 304 (mobile device) receives the dev-update command from the computer system 302 (remote server), and retransmit it to device 306 (terminal) via a first network connection). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Chakkaravarthi and Spencer to provide an encrypted software update command from a server to the terminal device via an intermediate device (mobile device)), as the encryption prevents unauthorized modification by the intermediate device.
While Chakkaravarthi discloses performing an update process on a terminal, Chakkaravarthi does not explicitly teach the terminal is a payment terminal. However, Douthat discloses (paragraph [0071]) performing a software update process on a point of sales device (payment terminal). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Chakkaravarthi, Spencer and Douthat to apply Chakkaravarthi’s software update process to different types of terminals including a payment terminal, this would increase the usability and versatility of Chakkaravarthi’s invention.
Per claim 9, Chakkaravarthi further discloses wherein the processor is further configured to:
capture a QR code displayed on the payment terminal, wherein the QR code comprises the terminal data of the payment terminal; and generate the update initiation command based at least in part on the terminal data of the QR code (claim 1; paragraph [0043]; a target electronic device displaying a QR code that encodes device information associated with the target electronic device, a mobile electronic device scans the QR code displayed on the target electronic device; decoding the QR code, transmits the decoded version information to an update server; the version information is used to initiate downloading of an update).
Claims 10-11 recite similar limitations as claims 2-3. Therefore, claims 10-11 are rejected under similar rationales as claims 2-3.
Claim 13 recites similar limitations as claim 4. Therefore, claim 13 is rejected under similar rationales as claim 4.
Claims 14-17 recite similar limitations as claims 8-9 and 2-3. Therefore, claims 14-17 are rejected under similar rationales as claims 8-9 and 2-3.
Claim 20 recites similar limitations as claim 4. Therefore, claim 20 is rejected under similar rationales as claim 4.
Claims 22-23 recites similar limitations as claim 21. Therefore, claims 22-23 are rejected under similar rationales as claim 21.
Per claim 18, Chakkaravarthi in view of Douthat further suggests transmitting, via the mobile device, log-in credentials to the remote server, wherein the remote server is configured to verify the log-in credentials prior to transmitting the software package to the mobile device (Chakkaravarthi, claim 1; paragraphs [0051][0055][0038]; the mobile device requesting the update server for an update package; Douthat; paragraphs [0027][0047]; information transferred in either direction may include a signature based on a certificate that is verifiable by a certificate authority, such steps may be used to allow identity verification to ensure that both devices are what they claim to be, and to ensure security of transfer of information; data from biometric sensors may be encrypted along with transaction information or separately, and may be verified by a remote server against a database; it would have been obvious to combine Chakkaravarthi and Douthat to verify the log in credential before transmitting an update package, for better security).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANG PAN whose telephone number is (571)270-7667. The examiner can normally be reached 9 AM to 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chat Do can be reached at 571-272-3721. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HANG PAN/Primary Examiner, Art Unit 2193
Prosecution Insights