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
Claims 1, 7, and 16 are amended.
The 112 rejection of claim 1 is withdrawn in view of the amendments.
The 112 rejection of claim 17 has not been traversed.
Applicants’ arguments with regard to the 101 rejections have been considered but are not persuasive.
Applicant argues the claims recite a computer-enforced permission control which is a specific improvement and technical authorization control mechanism that restricts when the code can be used for payment. The unblock limitation integrates the abstract idea into a practical application by requiring a user-specific gating configuration that prevents proxy payment unless and until the user authorizes use of the code.
The Office asserts that restricting when payment can be made and requiring authorization to use a payment source is an abstract idea. The use of the gating configuration merely adds the words “Appy it”, or the like, to the abstract idea.
Applicant argues the use of the RVAN is an improvement over existing payment systems because it limits reuse and abuse of the payment credential and eliminates the need for a payment card on file.
The Office asserts that restricted use payment vehicles are common and their use does not represent an improvement. The Office also does not find support in the specification or claims for assertion that the RVAN eliminates the need for a card on file, beyond the mere declaration itself. A restricted payment vehicle must either be a payment vehicle in and of itself or be representative of an associated payment vehicle/account.
Claim Rejections - 35 USC § 112
All claims are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The independent claims recite a remote…(RVAN). The specification does not describe the RVAN as remote but as restricted. The term remote appears only once in the specification and not with respect to the RVAN.
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, 2, 4-8, and 10-20 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):
A system, comprising:
a processor; and
a non-transitory computer readable medium coupled to the processor, the non-transitory computer readable medium comprising code that:
receives, at the system, a request for an authorization-by-proxy payment on delivery (POD);
generates, at the system, a single use, single transaction, fixed value remote virtual account number (RVAN), as the authorization-by-proxy code based upon buyer-controlled payment control parameters; and
utilizes the buyer-controlled payment parameters to control processing of a payment for the authorization-by-proxy POD, wherein a scan of an invoice associated with merchandise occurs upon delivery of the merchandise, the scan of the invoice being used to verify an authenticity of the merchandise being delivered, wherein the authorization-by-proxy code and a user-specific unblocking application operate as part of a user-specific authorization gating configuration to allow an authorized proxy to pay for and receive merchandise associated with the authorization-by- proxy POD after a user specifically unblocks use of the authorization-by-proxy code.
7. A method, comprising:
receiving, a single use, single-transaction, fixed value remote virtual account number (RVAN) an authorization-by-proxy code based upon buyer-controlled payment control parameters, the buyer-controlled payment parameters being used to control processing of a payment;
receiving merchandise ordered by a user of a user device, the merchandise being associated with a request by the user for an authorization-by- proxy payment on delivery (POD) of the merchandise;
performing a scan of an invoice associated with the merchandise upon delivery of the merchandise; and
utilizing the scan of the invoice to verify an authenticity of the merchandise being delivered, wherein the authorization-by-proxy code is configured to allow an authorized proxy to pay for and receive merchandise associated with the authorization-by-proxy POD after the user unblocks use of the authorization-by- proxy code, wherein the single use, single-transaction, fixed value RVAN authorization-by-proxy code is applied to limit the use of the authorization-by-proxy code to the single transaction.
16. A device, comprising:
a processor; and
a non-transitory computer readable medium coupled to the processor, the non-transitory computer readable medium comprising code that:
receives, a single use single-transaction, fixed value remote virtual account number as an authorization-by-proxy code based upon buyer-controlled payment control parameters, the buyer-controlled payment parameters being used to control processing of a payment associated with merchandise;
receives merchandise associated with a user of a user device, the merchandise being associated with a request by the user for an authorization-by-proxy payment on delivery (POD) of the merchandise;
performs a scan of an invoice associated with the merchandise upon delivery of the merchandise; and
uses the scan of the invoice to verify an authenticity of the merchandise being delivered, wherein the authorization-by-proxy code is configured to allow an authorized proxy to pay for and receive merchandise associated with the authorization-by- proxy POD after the user unblocks use of the authorization-by-proxy code, wherein the single use, single-transaction, fixed value RVAN authorization-by=proxy code is applied to limit the use of the authorization-by-proxy code to the single transaction.
The abstract idea underlined reflects certain methods of organizing human activity, fundamental economic activity directed to delegating temporary payment authority similar to economic activities previously considered by the courts as abstract ideas such as risk mitigation and hedging.
This judicial exception is not integrated into a practical application because the generic computer to the abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because of the reasons above.
The dependent claims merely narrow the abstract idea and as a whole and in combination comprise the abstract idea and the words ”apply it”.
Claims 2 and 8 and 18 describe an escrow process, narrowing the abstract idea.
Claims 4, 5, 10 and 11, 13 describe temporal aspects of the payment process, narrowing the abstract idea.
Claims 6 and 12, narrow the RVAN.
Claim 14 recites an application to provide the code, using the words “apply it”.
Claims 15, 17, 19 and 20 describe the use of the code, further narrowing the abstract idea.
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.
Claims 17-20 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 17 recites payment for the authorization-by-proxy (POD) but the claims are directed to paying for merchandise thus the limitation is unclear.
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 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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