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 amendment filed on 12/10/2025.
Claims 1-5, 7-11, 13-18, 20-23 are pending and examined in this office action.
Claims 6, 12, 19 have been cancelled.
Claims 21-23 are newly added.
Response to Arguments
Applicant’s arguments filed on 12/10/2025 have been fully considered. However, they are moot in light of new grounds of rejection with a new reference (Martinez) applied.
Examiner notes that applicant amendment changed the scope of the claims. For example, in the amended claim 1, the step of receiving a software update preparation command is performed before the step of displaying a QR code; whereas in the prior art Chakkaravarthi (paragraph [0053]), the step of pairing process (a software update preparation command) is performed after displaying a QR code. Thus, a new referenced is applied to reject this limitation.
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 1-5, 7 are 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.
Claim 1 recites “receive, via the wired or wireless connection, a software update preparation command”. The term of “the wired or wireless connection” lacks antecedent basis. For the purpose of examination, it is interpreted as “a wired or wireless connection”.
Claims 2-5 and 7 are rejected for being dependent claim 1.
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 Martinez et al. (US PGPUB 2020/0218811) hereinafter Martinez, 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 receive, via the 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. However, Martinez suggests the above (paragraphs [0099][0105]; performing software update from a trusted device to a second device (terminal device); the second device receiving a software update command (software update preparation command) from the trusted device, the software update command contains a key (payload) which is utilized to verify the source of the software update; only after the key is verified, the software update can be applied to the second device). 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 Martinez to provide a software update command containing a key to the terminal device, as verification of the key would enhance the security of the software update process.
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, Martinez 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, Martinez discloses the software update preparation command (paragraphs [0099][0105]). 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 Martinez 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, Martinez further suggests wherein the payload of the software update preparation command comprises media files (paragraphs [0099][0105]; the second device receiving a software update command (software update preparation command) from the trusted device, the software update command contains a key (payload) which is utilized to verify the source of the software update; it would have been obvious if the software update process includes multiple updates, then the software update command would include multiple keys (media files)).
Per claim 8, Chakkaravarthi discloses a mobile device comprising a processor configured to:
transmit, via a communication channel, an update initiation command to a remote server, wherein the update initiation command corresponds to terminal data of a termina (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 a 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 transmit, via a wired or wireless connection, a software update preparation command to a payment terminal, wherein the software update preparation command comprises a payload used by a software package for updating payment terminal software; transmit, via a communication channel, subsequent to transmitting the software update preparation command, an update initiation command to a remote server. However, Martinez suggests the above (paragraphs [0099][0105]; performing software update from a trusted device (a mobile device) to a second device (terminal device); the second device receiving a software update command (software update preparation command) from the trusted device, the software update command contains a key (payload) which is utilized to verify the source of the software update; only after the key is verified, the software update can be applied to the second device (i.e. after verification passes, the update process can continue (update initiation)). 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 Martinez to provide a software update command containing a key to the terminal device, as verification of the key would enhance the security of the software update process.
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, Martinez 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
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 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 HANG PAN whose telephone number is (571)270-7667. The examiner can normally be reached 9 AM to 5 PM.
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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.
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/HANG PAN/Primary Examiner, Art Unit 2193
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