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
This office action is in response to communication filed 4/1/2024. Claims 1-12 are currently pending and claims 1 and 7 are the independent claims.
Specification
The disclosure is objected to because of the following informalities:
The specification of this application recites the acronym “UMS” without first defining what “UMS” is intended to mean/represent. Ex: par. [0010] of the specification recites “…the recording medium is preferably a UMS device attached to the settlement terminal. By using the UMS device, the recording medium can be easily controlled from the settlement terminal side.”, par. [0015] recites “…the recording medium is preferably a UMS device…”, par. [0029] recites “…The USB memory 35 is treated as a UMS device…”, etc.
Appropriate correction is required.
Claim Objections
Claims 1 and 7 are objected to because of the following informalities:
As per claims 1 and 7, they recite “…the update method comprising: by setting an update target program as a target program, attachment confirmation…” when, for clarify/grammar, it should recite “…the update method comprising: setting an update target program as a target program; attachment confirmation…”. Claims 1 and 7 further recite “…second update of starting…in accordance with an instruction from the user when the second update data is present, wherein when any one of the first writing processing and the second writing processing is being executed, the attachment confirmation is not executed, and the attachment confirmation...” and as such ends limitation with a comma (“,”) when for consistency/clarity/grammar the examiner would recommend ending the limitations with a semicolon (“;”) like previous limitations are ended, and as such would recommend the wording/phrasing “…second update of starting…in accordance with an instruction from the user when the second update data is present; wherein when any one of the first writing processing and the second writing processing is being executed, the attachment confirmation is not executed; and wherein the attachment confirmation...”
Appropriate correction is required.
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 3, 5, 9, and 11 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.
As per claims 3, 5, 9, and 11, they recite “…a UMS device…”, and as such recite the acronym “UMS” without first defining/reciting what “UMS” is intended to mean, and as such the examiner is unclear as to what “UMS” is an acronym of. For the purpose of examination, the examiner will consider a “UMS device” to be a “USB memory” as par. [0029] of the specification of this application recites “The USB memory 35 is treated as a UMS 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.
Claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
As per claim 1, it recites “An update method for a program in a settlement terminal that is configured as a computer device comprising a processor that operates based on a program, a non-volatile memory, a volatile memory, and a display unit, the settlement terminal executing online payment, the update method comprising: by setting an update target program as a target program, attachment confirmation of confirming whether a recording medium is attached to the settlement terminal; first confirmation of confirming, when it is determined in the attachment confirmation that the recording medium is not attached, whether first update data for a newer version of the target program than a version of the target program stored in the non-volatile memory is present in a program server accessible by the settlement terminal via a network; first update of starting first writing processing of downloading the first update data from the program server and writing the first update data in the non-volatile memory in accordance with an instruction from a user when the first update data is present; second confirmation of confirming, when it is determined that the recording medium is attached in the attachment confirmation, whether second update data for a newer version of the target program than the version of the target program stored in the non-volatile memory is present in the recording medium; and second update of starting second writing processing of reading the second update data from the recording medium and writing the second update data in the non-volatile memory in accordance with an instruction from the user when the second update data is present, wherein when any one of the first writing processing and the second writing processing is being executed, the attachment confirmation is not executed, and the attachment confirmation, the first confirmation, the first update, the second confirmation, and the second update are executed by an application program that operates on the settlement terminal.”
The limitations “by setting an update target program as a target program”, “attachment confirmation of confirming whether a recording medium is attached to the settlement terminal”, “first confirmation of confirming, when it is determined in the attachment confirmation that the recording medium is not attached, whether first update data for a newer version of the target program than a version of the target program stored in the non-volatile memory is present in a program server accessible by the settlement terminal…”, “second confirmation of confirming, when it is determined that the recording medium is attached in the attachment confirmation, whether second update data for a newer version of the target program than the version of the target program stored in the non-volatile memory is present in the recording medium”, and “wherein when any one of the first writing processing and the second writing processing is being executed, the attachment confirmation is not executed”, as drafted, recite a function that, under its broadest reasonable interpretation, recite the abstract idea of a mental process as the limitations encompasses a human mind carrying out the function through observation, evaluation, judgment, and/or opinion, or even with the aid of pen and paper. For example, a human may mentally/with pen and paper judge/decide/select/set a program as a target program, may judge/determine/evaluate/observe/etc. that a recording medium is attached to a terminal, may judge/determine/evaluate/observe/etc. whether there is update data for the target program present/available/etc. in a server, may judge/determine/evaluate/ observe/etc. whether there is update data for the target program present/available/etc. in a recording medium, and may decide/determine/etc. not to determine/judge/observe/etc. update data when update data is being stored/written/etc.. As such, with broadest reasonable interpretation, these limitations recite and falls within the “Mental Processes” grouping of abstract ideas.
This judicial exception is not integrated into a practical application. The claim recites the additional elements “An update method for a program in a settlement terminal that is configured as a computer device comprising a processor that operates based on a program, a non-volatile memory, a volatile memory, and a display unit, the settlement terminal executing online payment, the update method comprising”, “via a network”, “first update of starting first writing processing of downloading the first update data from the program server and writing the first update data in the non-volatile memory in accordance with an instruction from a user when the first update data is present”, “second update of starting second writing processing of reading the second update data from the recording medium and writing the second update data in the non-volatile memory in accordance with an instruction from the user when the second update data is present”, and “the attachment confirmation, the first confirmation, the first update, the second confirmation, and the second update are executed by an application program that operates on the settlement terminal”. The additional elements/limitations “An update method for a program in a settlement terminal that is configured as a computer device comprising a processor that operates based on a program, a non-volatile memory, a volatile memory, and a display unit, the settlement terminal executing online payment, the update method comprising”, “via a network”, and “the attachment confirmation, the first confirmation, the first update, the second confirmation, and the second update are executed by an application program that operates on the settlement terminal” recite that high level/generic computer/computer components/computer device/processor/non-volatile memory/volatile memory/network/application program/settlement terminal/etc., are used to implement/perform the abstract idea/mental process, and as such amounts to no more than mere instructions to apply the exception using generic computer and/or mere computer components. The additional elements/limitations “first update of starting first writing processing of downloading the first update data from the program server and writing the first update data in the non-volatile memory in accordance with an instruction from a user when the first update data is present” and “second update of starting second writing processing of reading the second update data from the recording medium and writing the second update data in the non-volatile memory in accordance with an instruction from the user when the second update data is present” do nothing more than add insignificant extra solution activity to the judicial exception of merely storing/writing data, and the courts have identified functions such as gathering, displaying, updating, transmitting, and storing data as well-understood, routine, conventional activity (see MPEP 2106.05(d)). Accordingly, the additional elements do not integrate the recited judicial exception/abstract idea/mental process into a practical application and the claim is therefore directed to the judicial exception. See MPEP 2106.05(f), 2106.05(g), etc..
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to mere instructions to apply the exception using generic computer/computer components, which does not provide an inventive concept, and mere insignificant extra solution activities to the judicial exception of merely storing/writing data, and the courts have identified functions such as gathering, displaying, updating, transmitting, and storing data as well-understood, routine, conventional activity, thus do not amount to significantly more than the judicial exception (see MPEP 2106.05(d)). Accordingly, the claims are not patent eligible under 35 USC 101.
As per claim 2, it incorporates the deficiencies of claim 1, upon which it depends, and further recites “…wherein the first writing processing is processing by streaming update, and the second writing processing is processing by non-streaming update”, which, with broadest reasonable interpretation, provides further clarification as to the insignificant extra solution activities of storing/writing/transferring/etc. data/information/update/etc., and the courts have identified functions such as gathering, displaying, updating, transmitting, and storing data as well-understood, routine, conventional activity, thus do not amount to significantly more than the judicial exception (see MPEP 2106.05(d)). As such, the additional elements of claim 2 do not integrate the abstract idea/mental process into a practical application and are not significantly more than the abstract idea/mental process. Therefore, claim 2 fails to correct the deficiencies of claim 1, upon which it depends, and claim 2 is rejected for similar reasoning as claim 1, above.
As per claim 3, it incorporates the deficiencies of claim 1, upon which it depends, and further recites “…wherein the recording medium is a UMS device attached to the settlement terminal”, which, with broadest reasonable interpretation, provides further clarification as to the high level/generic computer components/UMS device used to implement/perform the abstract idea/mental process and insignificant extra solution activities, and mere instructions to apply the exception using generic computer/computer components do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea/mental process. As such, the additional elements of claim 3 do not integrate the abstract idea/mental process into a practical application and are not significantly more than the abstract idea/mental process. Therefore, claim 3 fails to correct the deficiencies of claim 1, upon which it depends, and claim 3 is rejected for similar reasoning as claim 1, above.
As per claim 4, it incorporates the deficiencies of claim 1, upon which it depends, and further recites “…wherein a screen transition of a screen displayed on the display unit when the first confirmation, the first update, and the first writing processing are executed is common to a screen transition of a screen displayed on the display unit when the second confirmation, the second update, and the second writing processing are executed”, which, with broadest reasonable interpretation, recites a further insignificant extra solution activity of displaying data/displaying information/screen transition of screen display/etc., and the courts have identified functions such as gathering, displaying, updating, transmitting, and storing data as well-understood, routine, conventional activity, thus do not amount to significantly more than the judicial exception (see MPEP 2106.05(d)). As such, the additional elements of claim 4 do not integrate the abstract idea/mental process into a practical application and are not significantly more than the abstract idea/mental process. Therefore, claim 4 fails to correct the deficiencies of claim 1, upon which it depends, and claim 4 is rejected for similar reasoning as claim 1, above.
As per claim 5, it incorporates the deficiencies of claim 1, upon which it depends, and further recites “…wherein the recording medium is a UMS device attached to the settlement terminal”, which, with broadest reasonable interpretation, provides further clarification as to the high level/generic computer components/UMS device used to implement/perform the abstract idea/mental process and insignificant extra solution activities, and mere instructions to apply the exception using generic computer/computer components do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea/mental process. As such, the additional elements of claim 5 do not integrate the abstract idea/mental process into a practical application and are not significantly more than the abstract idea/mental process. Therefore, claim 5 fails to correct the deficiencies of claim 1, upon which it depends, and claim 3 is rejected for similar reasoning as claim 1, above.
As per claim 6, it incorporates the deficiencies of claim 1, upon which it depends, and further recites “…wherein a screen transition of a screen displayed on the display unit when the first confirmation, the first update, and the first writing processing are executed is common to a screen transition of a screen displayed on the display unit when the second confirmation, the second update, and the second writing processing are executed”, which, with broadest reasonable interpretation, recites a further insignificant extra solution activity of displaying data/displaying information/screen transition of screen display/etc., and the courts have identified functions such as gathering, displaying, updating, transmitting, and storing data as well-understood, routine, conventional activity, thus do not amount to significantly more than the judicial exception (see MPEP 2106.05(d)). As such, the additional elements of claim 6 do not integrate the abstract idea/mental process into a practical application and are not significantly more than the abstract idea/mental process. Therefore, claim 6 fails to correct the deficiencies of claim 1, upon which it depends, and claim 6 is rejected for similar reasoning as claim 1, above.
As per claim 7, it recites a non-transitory computer storage media having similar limitations as the update method of claim 1, and as such recites the same deficiencies and is rejected for similar reasoning as claim 1, above. Claim 7 recites the further additional elements “A non-transitory computer storage media, storing an application program that executes an update of a program” which, with broadest reasonable interpretation, provides recites additional high level/generic computer/computer components/non-transitory computer storage media storing an application program/etc. are used to implement/perform the abstract idea/mental process, which does not integrate the abstract idea into a practical application and is not significantly more than the abstract idea/mental process. As such, the additional elements/limitations of claim 7 do not correct the deficiencies of claim 1, and therefore claim 7 is rejected for similar reasoning as claim 1, above.
As per claims 8-12, they recite non-transitory computer storage media having similar limitations as the methods of claims 2-6, respectively, and are therefore rejected for similar reasoning as claim 2-6, respectively, above.
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 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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Nie et al. (herein called Nie) (US PG Pub. 2019/0317755 A1) and Noda (US PG Pub. 2021/0117177 A1) in further view of Steshenko et al. (herein called Steshenko) (US Patent 9,778,928 B1).
As per claim 1, Nie teaches: an update method for a program in a settlement terminal that is configured as a computer device comprising a processor that operates based on a program, a non-volatile memory, a volatile memory, and a display unit (fig. 1, pars. [0039], point of sale/POS terminal (settlement terminal) includes processor providing computing/control capabilities supporting operation of POS terminal (processor operates based on a program), operating system and computer readable instructions stored in non-volatile memory (non-volatile memory storing program/operating system/instructions/etc.), internal memory (volatile memory), display screen (display unit).), the update method comprising:
by setting an update target program as a target program (pars. [0051]-[0053], [0093]-[0096], [0110], software upgrade management interface displays name of application that exists in current system of POS/settlement terminal that is to be upgraded so it may be selected for update/deleted/etc. (set update target program as target program) and the name of upgrade data file in software upgrade package file to be used to update software/application/etc. on POS/settlement terminal so it may be selected and used to upgrade/replace/etc. POS/settlement terminal software/application/etc..),
attachment confirmation of confirming whether a recording medium is attached to the settlement terminal (pars. [0043]-[0045], [0089]-[0091], [0107], determination is made whether POS (settlement terminal) is connected to mobile storage device (recording medium), and if so software upgrade package in mobile storage device/recording medium is detected/determined/etc.);
second confirmation of confirming, when it is determined that the recording medium is attached in the attachment confirmation, whether second update data for a newer version of the target program than the version of the target program stored in the non-volatile memory is present in the recording medium (pars. [0039], [0045], [0049]-[0054], [0064], POS/settlement terminal includes non-volatile storage medium/memory storing operating system/computer readable instructions/etc. (non-volatile memory stores programs/program versions/etc. including target program of POS/settlement terminal), and if POS/settlement terminal is connected to mobile storage device/recording medium (when it is determined that recording medium is attached in attachment confirmation) determination is made as to whether there is a valid software upgrade package in the mobile storage device/recording medium and information about software upgrade package is displayed such as the name/identifier, version information, etc. and name of program/application/operating system/etc. existing in POS terminal to be upgraded are displayed, and software upgrade package is selected to be used to replace selected/deleted/etc. program/software/etc. existing in POS (confirm/select/etc. second update data for a newer version of the target program than the version of the target program stored in the non-volatile memory/software upgrade package/upgrade application version to be used to upgrade/replace current/existing program in non-volatile memory of terminal/newer version of target program in non-volatile memory/etc. is present in the recording medium/is in mobile storage device).); and
second update of starting second writing processing of reading the second update data from the recording medium and writing the second update data in the non-volatile memory in accordance with an instruction from the user when the second update data is present (pars. [0039], [0049]-[0055], [0057], [0083]-[0084], [0100], non-volatile storage medium/memory of POS/settlement terminal stores computer readable instructions/operating system/application/program/etc., determination is made as to whether valid software upgrade package file is in mobile storage device/is present in recording medium/etc. (when second update data is present), user selects software upgrade package file to be used to upgrade existing operating system/application/etc. on POS/settlement terminal (in accordance with an instruction from the user), and software upgrade package is installed to POS/settlement terminal (second writing process of reading second update data/software update package from the recording medium/mobile storage device and writing the second update data/software upgrade package to the settlement terminal/installing the software upgrade package on the mobile storage device to the POS terminal), and as the non-volatile storage medium/memory of the POS/settlement terminal stores the operating system/computer instructions/application/program/etc., it is obvious that the installation of the software upgrade package to the POS terminal is writing the second update data/upgrade package in the non-volatile memory of the terminal.),
wherein when any one of the first writing processing and the second writing processing is being executed, the attachment confirmation is not executed (pars. [0043]-[0057], if POS/settlement terminal is detected to be connected to mobile storage device/recording medium (attachment confirmation) then software upgrade package on storage device/recording medium is determined/displayed and selected/etc. and then used to upgrade software/operating system/instructions/application/etc. on terminal/installed on terminal/writing processing is executed to install upgrade package on terminal/etc.. As the installation/writing process occurs after the confirmation that the mobile storage device/recording medium is attached to the terminal, it is obvious that the attachment confirmation occurs before the writing/installation process, and as such the attachment confirmation is not executed when/at the same time as/etc. the writing/installation process is being executed.), and
the attachment confirmation, the second confirmation, and the second update are executed by an application program that operates on the settlement terminal (fig. 7, pars. [0104]-[0112], POS terminal/settlement terminal includes modules implemented as software (application program operating on settlement terminal) that detect whether the terminal is connected to the mobile storage device/recording medium (attachment confirmation), detect/select software upgrade package in the mobile storage device/recording medium (second confirmation), perform/install/write software upgrade on terminal (second update), etc. (attachment confirmation, second confirmation, second update, etc. are performed by application program/modules implemented as software/etc. on the settlement terminal/included in POS terminal).).
While Nie teaches that software/program/applications/etc. on a terminal/device/etc. may be upgraded by installing software/application/etc. updates from a mobile storage device/recording medium to the terminal when the terminal is determined to be connected to the mobile storage device/recording medium, it does not explicitly state, however Noda teaches:
first confirmation of confirming, when it is determined in the attachment confirmation that the recording medium is not attached, whether first update data for a newer version of the target program than a version of the target program stored in the non-volatile memory is present in a program server accessible by the settlement terminal via a network (pars. [0049], [0051], [0053], [0073], [0082], [0084]-[0085], update requests may be received from connected server device (program server) that stores and manages program and delivers update programs and data via wireless/network connection (server/program server stores update program/newer versions of target program/etc. accessible by/deliverable to/etc. terminal via a network/wireless connection/etc.) or from diagnostic tool having wired connection that provides/stores/etc. update program for updating program (recording medium/mobile storage device storing software/program update data from Nie), priority for update requests may be assigned to diagnostic tool/mobile storage device/recording medium or server device/server, and when update request is received from server device gateway communicates with server via wireless communication and checks whether program needs updating/updated program data is available from server/etc. and acquires update program from server device (first confirming whether first update data for a newer version of the target program than a version of the target program stored in the non-volatile memory is present in a program server accessible by the settlement terminal via a network/wireless connection). As Nie teaches updating a program on a POS/settlement terminal and Noda teaches updating a program on a device/terminal/vehicle/etc. using a wireless/network connection to a server, it is obvious that Noda’s wireless updating of a program using a server may be used by a POS/settlement terminal that has program to be updated. Additionally, as the program update/first update data of Noda may be acquired from a hard wired connected diagnostic tool/mobile storage device/recording medium or a wirelessly connected server device/program server and priority may be given to updates from the diagnostic tool/recording medium or the server device/program server, and as Nie teaches installing updates from the recording medium/mobile storage/diagnostic tool when it is connected, it is obvious that priority may be given to updates from the diagnostic tool and updates from the server device may be determined/confirmed when the diagnostic tool/recording medium/mobile storage is not connected/has no updates/etc., and as such it is obvious that when it is determined in the attachment confirmation that the recording medium/diagnostic tool/mobile storage is not attached, a first confirmation occurs as to whether first update data for a newer version of the target program than a version of the target program stored in the non-volatile memory/update program data/etc. is present in a program server/server device accessible by the settlement terminal via a network/wireless connection.);
first update of starting first writing processing of downloading the first update data from the program server and writing the first update data in the non-volatile memory in accordance with an instruction from a user when the first update data is present (pars. [0053], [0061]-[0062], [0067]-[0068], [0070], storage unit is non-volatile memory device that stores program and update program (write/store first update data/update program in the non-volatile memory), user may start update process (in accordance with instruction from a user) which includes communicating with server device to determine if installed programs need updating/updated version is in server/etc. and if so update program is acquired/retrieved from server device via wireless connection and stored in storage unit/non-volatile memory (first update of starting first writing processing of downloading/obtaining/retrieving/etc. the first update data/update program from the program server/server device and writing/storing the first update data/update program in the non-volatile memory in accordance with an instruction from a user when the first update data is present/update program is in server/etc.).); and
the first confirmation, the first update, are executed by an application program that operates on the settlement terminal (pars. [0040], [0051], update process program (application program operating on settlement terminal) causes computer/on-board update system/etc. (operates on settlement terminal/vehicle/onboard device/etc.) to receive update program from outside vehicle/terminal/etc. and to update a program stored in on board device/terminal/vehicle/etc., and updating program includes communicating with server device via wireless connection a determining if program or data on terminal/vehicle/ecu/etc. needs updating (first confirmation is executed by application program operating on settlement terminal), and acquiring update program from server device and storing update program in memory of terminal (first update is executed by application program that operates on the settlement terminal).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add first confirmation of confirming, when it is determined in the attachment confirmation that the recording medium is not attached, whether first update data for a newer version of the target program than a version of the target program stored in the non-volatile memory is present in a program server accessible by the settlement terminal via a network; first update of starting first writing processing of downloading the first update data from the program server and writing the first update data in the non-volatile memory in accordance with an instruction from a user when the first update data is present; and the first confirmation, the first update, are executed by an application program that operates on the settlement terminal, as conceptually taught by Noda, into that of Nie because these modifications provide a second/backup/etc. method of updating software of the terminal which allows for software/program/application/etc. of a terminal/device/settlement terminal/etc. to be updated when updates are available/needed/etc. but no mobile storage device/recording medium/etc. is attached to the terminal/available at the terminal/etc., thereby helping to ensure that software/applications/programs on the terminal are updated when updates are needed/become available/etc. even if there is no recording medium/mobile storage available to be used to perform the update, which is desirable as it helps ensure the software/programs of the terminal up to date/operating correctly/etc. with the correct/most recent/etc. version of software/programs.
Nie and Noda do not explicitly state, however Steshenko teaches:
the settlement terminal executing online payment (fig. 1 items 20, 30, and 40, col. 3 line 62-col. 4 line 30, col. 5 lines 48-60, col. 7 lines 10-30, payment terminal/merchant device/etc. (settlement terminal) communicates with payment server over network/wireless communication/etc. (online) and communication over network includes transferring point of purchase information to payment server and receiving authentication data, transaction data, etc. to payment terminal (executing online/network/etc. payment).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the settlement terminal executing online payment, as conceptually taught by Steshenko, into that of Nie and Noda because these modifications allow for an effective method of processing payments/settlements/transactions/etc. using known methods of wireless/online/network/etc. communication between the POS/settlement terminal and remote/online/network/etc. servers needed to process the payments/transactions/settlements, thereby helping to ensure that payments/settlements/transactions are performed correctly/as desired/etc. thereby making the POS/settlement terminal more desirable to users and increasing their usability by allowing for them to process payments/transactions/etc. where they are desired to be located rather than requiring a wired/hardline/etc. connection to be available.
As per claim 2, Nie further teaches: wherein the second writing processing is processing by non-streaming update (pars. [0008]-[0012], [0043]-[0055], [0089]-[0100], if POS/settlement terminal is connected/attached to mobile storage device/USB flash drive/etc. via USB port then software upgrade file is obtained from mobile storage/USB/recording medium and installed/written/etc. to POS/settlement terminal (second writing/installing process is processing by non-streaming update). As the specification of this application states that a “streaming update” is updating performed via a network/wireless network/etc. (ex: pars. [0009], [0014], [0024], etc. of the specification of this application) and the updating of Nie is performed using mobile storage/USB/recording medium attached/connected via USB port and not a wireless/network/etc. connection, it is obvious that the second writing processing/installation/etc. is processing by a non-streaming/not wireless network/etc. update.).
Nie does not explicitly state, however Noda teaches:
wherein the first writing processing is processing by streaming update (pars. [0051], [0053], [0061]-[0062], onboard update system/terminal/etc. acquired/obtains/downloads/etc. update program from server device via wireless network/communication/etc., stores update program in memory, and performs/transmits/stores/writes/etc. update/updates program in terminal/vehicle/ecu/etc. after acquiring/obtaining/storing/etc. update program from server. As the specification of this application states that a “streaming update” is updating performed via a network/wireless network/etc. (ex: pars. [0009], [0014], [0024], etc. of the specification of this application) and Noda teaches acquiring/obtaining/downloading/etc. update program from server device/server via wireless network/communication/etc., it is obvious that the updating of Noda is “streaming update” as it is performed using network/internet/etc. and as such the first writing/installation/storing/updating/etc. processing is processing by streaming update.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add wherein the first writing processing is processing by streaming update, as conceptually taught by Noda, into that of Nie and Steshenko because these modifications provide a second/backup/etc. method of updating software of the terminal which allows for software/program/application/etc. of a terminal/device/settlement terminal/etc. to be updated when updates are available/needed/etc. but no mobile storage device/recording medium/etc. is attached to the terminal/available at the terminal/etc., thereby helping to ensure that software/applications/programs on the terminal are updated when updates are needed/become available/etc. even if there is no recording medium/mobile storage available to be used to perform the update, which is desirable as it helps ensure the software/programs of the terminal up to date/operating correctly/etc. with the correct/most recent/etc. version of software/programs.
As per claim 3, Nie further teaches: of claim 2, wherein the recording medium is a UMS device attached to the settlement terminal (pars. [0039], [0044], [0090], mobile storage device (recording medium) is universal serial bus/USB flash drive (UMS device/USB memory/etc.) connected to POS/settlement terminal through a USB interface/USB port (attached to settlement terminal).).
As per claim 4, Nie and Noda do not explicitly state, however Steshenko teaches:
wherein a screen transition of a screen displayed on the display unit when the first confirmation, the first update, and the first writing processing are executed is common to a screen transition of a screen displayed on the display unit when the second confirmation, the second update, and the second writing processing are executed (col. 18 line-col. 19 line 6, col. 19 lines 50-62, col. 34 lines 50-55, merchant device/payment terminal/settlement terminal includes user interface (display unit screen) that displays information regarding applications/programs/etc. running on merchant device, and displayed information on the user interface may include information about application/program/firmware/etc. updates such as firmware updates available for user selection, status/progress (transition) of updates being performed, etc.. As Nie and Noda teach that performing updates of programs/applications/software/etc. of POS/settlement terminals includes first confirmation, the first update, and the first writing processing, and/or the second update, and the second writing processing, and Steshenko teaches that a user interface of the terminal displays information regarding the update including displaying the status/progress/transition of the update on the user interface/screen, it is obvious that the progress/transition/status/etc. displayed on a user interface of the terminal is a screen transition of a screen displayed on the display unit, and that the status/transition/progress would be displayed for all updates performed, and as such a screen transition/progress/status of a screen displayed on the display unit when the first confirmation, the first update, and the first writing processing are executed is common to/also displayed when/etc. a screen transition/progress/status of a screen displayed on the display unit when the second confirmation, the second update, and the second writing processing are executed.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add wherein a screen transition of a screen displayed on the display unit when the first confirmation, the first update, and the first writing processing are executed is common to a screen transition of a screen displayed on the display unit when the second confirmation, the second update, and the second writing processing are executed, as conceptually taught by Steshenko, into that of Nie and Noda because these modifications allow for a transition/progress/status/etc. of program/software/application/etc. updates being performed on the terminal to be displayed/provided/etc. to users thereby allowing users to be informed/track/etc. the progress/transition/updating/etc. of the software/program/application, thereby increasing user control of the updating and making it more desirable to users.
As per claim 5, it recites an update method having similar limitations as the method of claim 3, and is therefore rejected for similar reasoning as claim 3, above.
As per claim 6, it recites an update method having similar limitations as the method of claim 4, and is therefore rejected for similar reasoning as claim 4, above.
As per claims 7-12, they recite non-transitory computer storage media having similar limitations as the update methods of claims 1-6, respectively, and are therefore rejected for similar reasoning as claims 1-6, respectively, above.
Conclusion
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/DOUGLAS M SLACHTA/Examiner, Art Unit 2193