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
Response to Amendment
Applicant’s “Amendment” filed on 01/26/2026 has been considered.
Claims 1, 2, 4, 6, 8, 9, 11, 13, 15, 16, 18, and 20 are amended. Claims 1-20 remain pending in this application and an action on the merits follow.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 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 new limitation includes “personalized content”. However, in the specification, there is no support or description regarding the “personalized content”.
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 1-20 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. There is no support or definition for the “personalized content” in the specification. Therefore, the “personalized content” is not well-defined.
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 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2019/0172045 to Dunjic et al., in view of U.S. Patent Application Publication No. 2020/0202390 to Gregori et al.
With regard to claims 1, 8, and 15, Dunjic discloses a system, comprising:
a payment network comprising a network computer processor executing a network computer program (Fig. 1, paragraphs 44-45, contextual transaction system 180 may also maintain data within the one or more tangible, non-transitory memories that facilitates a dynamic selection of a payment instrument available to fund the future occurrence of the transaction in accordance with the expected parameter values. );
a merchant system comprising a merchant backend, a merchant point of sale device comprising a display, and a merchant content cache (fig. 1, paragraphs 21 and 31, As described above, POS terminal 122 may be disposed within a physical location of the merchant, such as a location where a customer, such as user 101, may provide payment for goods and/or services (e.g., at a cash register at the merchant). POS terminal 122 may, in some instances, include a display unit 127A configured to present interface elements to user 101);
an issuer system for an issuer comprising an issuer backend and an issuer content database (Fig. 1, paragraphs 22 and 52, The payment instrument may, in some instances, be issued to user 101 by a financial institution, e.g., a financial institution that operates issuer system 160 (and/or contextual transaction system 180), and issuer system 160 may perform operations that provide the executable payment application to client device 102 for storage within the one or more tangible, non-transitory memories. payment instrument database 188 may include a data record associated with each payment instrument held by user 101, and each of the discrete data records may include an identifier of the corresponding payment instrument (e.g., a unique alpha-numeric identifier recognized by payment network system 140, issuer system 160, or tokenization system 170) or an element of account data associated with the corresponding payment instrument (e.g., tokenized payment data that masks sensitive elements of actual account data, etc.), along with additional information (e.g., metadata) that identifies characteristics associated with the corresponding payment instrument.); and
a customer electronic device associated with a customer (Fig. 1, a client device 102); wherein:
the network computer program requests personalized content for one or more payment card issued by the issuer to the customer from the issuer backend (paragraphs 52-56, contextual transaction system 180 may populate the data records of payment instrument database 188 with data received from issuer system 160. Payment instrument database 188 may include structured or unstructured data records identifying and characterizing one or more payment instruments held by each of the participating customers, such as user 101 that operates client device 102. In further examples, the additional data may also information that characterizes a loyalty or rewards program maintained by and associated with the corresponding payment instrument, such as, but not limited to, identifiers of participating merchants, loyalty- or bonus-point allocation schemes (e.g., earning 1.25 bonus points for each $1.00 purchase at Target), and available rewards exchangeable for accrued points (e.g., a $50.00 Visa™ prepaid card in exchange for 3,000 accrued loyalty points). in some examples, each of the data records associated with a corresponding one or more participating customers, such as user 101, may be further associated in payment instrument database 188 with data that uniquely identifies the participating customer (e.g., the authentication credential of user), the data records of rules and preference database 190 may specify a selection of a corresponding one of the payment instruments associated with a loyalty or rewards program maintained by a merchant involved in the expected future occurrence of the transaction. Examiner notes that the at least one rule or preference based on input data received from the client device, which is considered as “personalized content”. In another scenario, examiner notes that );
the issuer backend retrieves the personalized content from the issuer content database and communicates the personalized content to the network computer program (paragraphs 53-56,78 and 79, contextual transaction system 180 may populate the data records of payment instrument database 188 with data received from issuer system 160, or from one or more client devices operating within environment 100, through a corresponding programmatic interface, such an API, at predetermined intervals or in response to certain events. Selection engine 196 may access rules and preference database 190 (e.g., as maintained locally within one or more tangible, non-transitory memories), and obtain selection data 224 that specifies and characterizes one or more rules or preferences associated with user 101, client device 102, and/or contextual transaction system 180. For example, selection data 224 may identify a preference that a particular payment instrument. selection data 224 may identify and characterize any additional or alternate selection rule or preference appropriate to the payment instruments held by user 101. Examiner notes that the selection engines retrieves rules or preferences and transmits the identified rules or preferences to the payment instruments, which is considered as “the issuer backend retrieves the personalized content from the issuer content database and communicates the personalized content to the network computer program”);
the merchant backend receives payment card information for one of the payment cards from the merchant point of sale device (paragraphs 93-94, In response to the presented interface elements, which may prompt user 101 to provide a payment instrument capable of funding the transaction amount of the initiated transaction, user 101 may dispose client device 102 proximate to POS terminal 122, and interface unit 114 of client device 102 may establish communications channel 120A with POS terminal 12. a payment module 302 of client device 102 may receive input data 201 that identifies the Visa™ credit card selected by user 101 to fund the initiated transaction);
the merchant backend retrieves the personalized content for the respective payment card (paragraphs 53 and 94-95, the additional data may also information that characterizes a loyalty or rewards program maintained by and associated with the corresponding payment instrument, such as, but not limited to, identifiers of participating merchants, loyalty- or bonus-point allocation schemes. Payment module 302 may process input data 301 to obtain an identifier of the Visa™ credit card, and based on the obtained identifier, perform operations that access and load a portion of payment application data 110 that corresponds to the Visa™ credit card. For example, payment module 302 may access payment application data 110 (e.g., as maintained within data repository 106), and load provisioned token data 256 associated with the Visa™ credit card. As described herein, provisioned token data 256 may include a digital token that masks all or a portion of the sensitive, underlying account information characterizing the Visa™ credit card, such as, but not limited to, an underlying account number, an expiration date, or a card verification value (CVV).); and
the merchant backend causes the merchant point of sale device to display the content on the display (paragraphs 31 and 92, in some instances, include a display unit 127A configured to present interface elements to user 101. POS terminal 122 may receive the transaction data from the merchant computing system, and may perform operations that generate interface elements representative of portions of the received transaction data, which POS terminal 122 may present within a graphical user interface (GUI) displayed on display unit 127A.).
However, Dunjic does not disclose the network computer program receives a location for the customer electronic device; the network computer program determines from the location that the customer is within a predetermined distance of a merchant location for the merchant; the network computer program communicates the personalized content to the merchant backend for the merchant; the merchant backend retrieves the personalized content; and the merchant backend causes the merchant point of sale device to display the personalized content on the display.
However, Gregori teaches the network computer program receives a location for the customer electronic device (the digital collectible application can be configured to periodically (e.g., every ten seconds) send location information for the mobile device 204 to a server of the digital promotion system. paragraph 46); the network computer program determines from the location that the customer is within a predetermined distance of a merchant location for the merchant (The server can be configured to detect that the received location information corresponds to a location that is within a predetermined distance from a store that sells a digital-offer-enabled product. paragraph 46); the network computer program communicates the personalized content to the merchant backend for the merchant ( a message to a clerk and/or the user 201 (e.g. via a display in the check-out area) to prompt or remind the clerk. Examiner notes the reminder/message is considered as “the personalized content to the merchant backend for the merchant “, paragraph 60); the merchant backend retrieves the personalized content (a message to a clerk and/or the user 201 (e.g. via a display in the check-out area) to prompt or remind the clerk, paragraph 60); and the merchant backend causes the merchant point of sale device to display the personalized content on the display (The code-scan interface 234 can be presented to the user upon in response to product scanning at a shelf to remind the user 201 to present the code 236 at checkout. In some implementations, the POS system 232 is configured, upon detecting that a digital-offer-enabled product has been scanned, to present a message to a clerk and/or the user 201 (e.g. via a display in the check-out area) to prompt or remind the clerk or the user 201, respectively, to scan the code 236. paragraph 60).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dunjic to include, the network computer program receives a location for the customer electronic device; the network computer program determines from the location that the customer is within a predetermined distance of a merchant location for the merchant; the network computer program communicates the personalized content to the merchant backend for the merchant; the merchant backend retrieves the personalized content; and the merchant backend causes the merchant point of sale device to display the personalized content on the display, as taught in Gregori, in order to provide digital promotion (Gregori, abstract).
With regard to claims 2, 9, and 16, Dunjic discloses the personalized content is encrypted with a shared secret and a portion of the payment card information, and the merchant backend decrypts the personalized content with the shared secret and the portion of the payment card information (paragraph 41, Cryptographic data 172 may, in some instances, specify one or more private, public, or symmetric cryptographic keys capable of decrypting one or more authorization requests selectively encrypted by POS terminal 122.).
With regard to claims 3, 10, and 17, Dunjic discloses the portion of the payment card information comprises issuer discretionary data for the payment card (paragraph 41 and 88, other sensitive account data that facilitate an authorization, by issuer system 160, of transactions involving the payment instruments. tokenized data 246 may include a digital token that masks all or a portion of the sensitive, underlying account information characterizing the Visa™ credit card, such as, but not limited to, an underlying account number, an expiration date, or a card verification value (CVV). ).
With regard to claims 4, 11, and 18, Dunjic discloses the personalized content comprises interactive personalized content comprising a plurality of options, and the method further comprises: receiving, by the network computer program, a selection of one of the plurality of options from the merchant point of sale device that was selected by the customer; and communicating, by the network computer program, the selection to the issuer backend (paragraph 53-55, In further instances, contextual transaction system 180 may establish the at least one rule or preference based on input data received from the client device operated by the corresponding participating customer (e.g., based on input provided by user 101 to client device 102 in response to a presented web page or other digital portal associated with contextual transaction system 180). For example, the data records of rules and preference database 190 may specify that a particular payment instrument held by user 101 (e.g., an American Express' credit card) fund any transaction involving one or more particular goods or services, such as purchases of fuel from any merchant or purchases of airline tickets from an airline that maintains a loyalty program via particular payment instrument (e.g., purchases of tickets on Delta™ Airlines, which maintains a loyalty program with American Express™). Examiner notes that the rule or preference based on input data received from the client device operated by the corresponding participating customer is considered as “the personalized content comprises interactive personalized content comprising a plurality of options”).
With regard to claims 5, 12, and 19, the combination of references discloses polling, by the network computer program, the customer electronic device for the location (Gregori, paragraph 46, the digital collectible application can be configured to periodically (e.g., every ten seconds) send location information for the mobile device 204 to a server of the digital promotion system. T).
With regard to claims 6, 13, and 20, the combination of references discloses deleting, by the network computer program, the personalized content after a predetermined condition (Gregori, paragraph 38, The digital promotion system 102 includes memory 190. Examiner notes that it’s would be obvious that content in the memory is cleared/removed after a certain period for storage management).
With regard to claims 7 and 14, Dunjic discloses the predetermined condition comprises a time condition or a customer electronic device location condition (Gregori, paragraph 38, Examiner notes that it’s would be obvious that content in the memory is cleared/removed after a certain period for storage management, which is considered as “the predetermined condition comprises a time condition”).
Response to Arguments
Applicants' arguments filed on 01/26/2026 have been fully considered but they are not fully persuasive especially in light of the new art used in the rejections.
Applicants remark that “the combination of references does not disclose personalized content”.
Examiner directs Applicants' attention to the office action above.
Conclusion
Please refer to form 892 for cited references.
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 extension fee 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 from the examiner should be directed to Ariel Yu whose telephone number is 571-270-3312. The examiner can normally be reached on Monday-Friday 9:00am-5:00pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Obeid Fahd A can be reached on 571-270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIEL J YU/Primary Examiner, Art Unit 3627