Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/10/2026 has been entered.
DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
This action is in reply to the RCE filed on 03/10/2026.
Claims 2-20 have been cancelled.
Claim 1, 21, 22, 24, 26-27, 32, 34, 35, and 36 has been amended.
Claims 1, and 21-39 are currently pending and have been examined.
Response to Arguments
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive. Applicant argues that Grigg describes different motion inputs associated with payment methods, and the combination of Chin and Grigg would still be deficient with respect to a mobile device's determining that user identity verification is required based on the identity of the orientation/motion sequence (associated with the payment method) , the Examiner respectfully disagrees. Grigg discloses allowing the user to assign different actions to different payment methods in [0034] where some payments may be made without requiring further authentication. Additionally, Grigg further discloses situations and parameters where the user can require further authentication in order to complete a transaction with a particular payment method as discussed in [0042-0044], where input of the user name and password is required based on the parameters associated with the payment method and action, so here, Grigg discloses both the ability have user-defined actions (which [0005] discloses as possibly a specific movement of the apparatus) linked to payment methods requiring additional authentication, where the user name/password is akin verifying the identity of the user, and the ability to have payment methods linked to actions that do not require additional authentication.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 21-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 and 14-18, of US Patent No. 11,250,501. Although the claims at issue are not identical, they are not patentably distinct from each other. The independent claims, while varying in scope, both recite substantially similar limitations drawn to a mobile device, one or more non-transitory computer readable medium, and method as mapped below:
Instant Application 1864308 Claim 1
US Patent 11,995,631
A mobile device comprising: one or more processors executing instructions that, when executed by the one or more processors, cause operations comprising:
Claims 1, 12 A mobile device comprising:one or more processors and memory storing instructions that, when executed by the one or more processors, cause operations comprising:…One or more non-transitory computer-readable media storing instructions that, when executed by one or more processors, cause operations comprising:
detecting, by at least one of a movement or orientation detection component of the mobile device, a device orientation or motion sequence associated with a payment method, the device orientation or motion sequence being performed via the mobile device by a user of the mobile device;
claim 1 detecting, by at least one of a movement or orientation detection component of the mobile device, a device orientation or motion sequence associated with a payment method, the device orientation or motion sequence being performed via the mobile device by a user of the mobile device ;
determining that user identity verification of the user is required, in connection with using the device orientation or motion sequence with the payment method, based on the device orientation or motion sequence (i) being a first device orientation or motion sequence for which further user verification is required and (ii) not being a second device orientation or motion sequence for which further user verification is not required;
claim 1 determining, by one or more processors of the mobile device, that user verification of the user is required, in connection with using the device orientation or motion sequence with the payment method, based on the device orientation or motion sequence (i) being a first device orientation or motion sequence for which further user verification is required and (ii) not being a second device orientation or motion sequence for which further user verification is not required;
verifying an identity of the user based on the determination that user verification is required in connection with using the device orientation or motion sequence with the payment method; and
claim 1 verifying the user based on the determination that user verification is required in connection with using the device orientation or motion sequence with the payment method; and
initiating, based on the detected device orientation or motion sequence and the verification of the identity of the user, a transaction with an entity using the payment method, the payment method being selected from a plurality of payment methods based on the detected device orientation or motion sequence
claim 1 initiating, based on the detected device orientation or motion sequence and the verification of the user, a transaction with a merchant using the payment method, the payment method being selected from a plurality of payment methods based on the detected device orientation or motion sequence.
Instant Application 1864308 Claim 21
US Patent 11,995,631
A method comprising:executing, via one or more processors, operations comprising:
Claims 1, A computer-implemented method for automatically executing an account function by a mobile device, the method comprising:
detecting a device orientation or motion sequence, associated with a payment method, that is performed by a user of a mobile device;
claim 1 detecting, by at least one of a movement or orientation detection component of the mobile device, a device orientation or motion sequence associated with a payment method, the device orientation or motion sequence being performed via the mobile device by a user of the mobile device ;
determining that user authentication is required in connection with using the device orientation or motion sequence with the payment method;
claim 1 determining, by one or more processors of the mobile device, that user verification of the user is required, in connection with using the device orientation or motion sequence with the payment method, based on the device orientation or motion sequence (i) being a first device orientation or motion sequence for which further user verification is required and (ii) not being a second device orientation or motion sequence for which further user verification is not required;
authenticating the user based on the determination that user verification is required in connection with using the device orientation or motion sequence with the payment method; and
claim 1 verifying the user based on the determination that user verification is required in connection with using the device orientation or motion sequence with the payment method; and
initiating, based on the device orientation or motion sequence and the authentication of the user, a transaction with an entity using the payment method.
claim 1 initiating, based on the detected device orientation or motion sequence and the verification of the user, a transaction with a merchant using the payment method, the payment method being selected from a plurality of payment methods based on the detected device orientation or motion sequence.
Instant Application 1864308 Claim 32
US Patent 11,995,631
One or more non-transitory computer-readable media storing instructions that, when executed by one or more processors, cause operations comprising:
Claims 18, One or more non-transitory computer-readable media storing instructions that, when executed by one or more processors, cause operations comprising:
detecting a device orientation or motion sequence, associated with a payment method, that is performed by a user of a mobile device;
claim 1 detecting, by at least one of a movement or orientation detection component of the mobile device, a device orientation or motion sequence associated with a payment method, the device orientation or motion sequence being performed via the mobile device by a user of the mobile device ;
determining that user authentication is required in connection with using the device orientation or motion sequence with the payment method;
claim 1 determining, by one or more processors of the mobile device, that user verification of the user is required, in connection with using the device orientation or motion sequence with the payment method, based on the device orientation or motion sequence (i) being a first device orientation or motion sequence for which further user verification is required and (ii) not being a second device orientation or motion sequence for which further user verification is not required;
authenticating the user based on a determination that user authentication is required in connection with using the device orientation or motion sequence with the payment method ;and
claim 1 verifying the user based on the determination that user verification is required in connection with using the device orientation or motion sequence with the payment method; and
initiating, based on the device orientation or motion sequence and the authentication of the user, a transaction with an entity using the payment method, the payment method being selected from a plurality of payment methods based on the device orientation or motion sequence.
claim 1 initiating, based on the detected device orientation or motion sequence and the verification of the user, a transaction with a merchant using the payment method, the payment method being selected from a plurality of payment methods based on the detected device orientation or motion sequence.
US Patent 11,995,631 claims 1, 12, and 18 are narrower and recites additional limitations directed to further limiting the payment method defining a communication type. However, since patent claims 1, 12, and 18 anticipates every limitation of the instant application independent claims, and the claims are therefore rejected as being double-patenting (see MPEP 2144.04).
As per the dependent claims, claims 22-31, 33-37, and 39 are anticipated by claims 2-11 and 14-17, and therefore are rejected on the ground of nonstatutory double patenting.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 1, 23, 23-24, 26-27, 29, 32-36, and 38 are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Grigg (US Patent Application Publication 20120197743), “Grigg”.
As per claims 1 Grigg discloses:
A mobile device comprising: [0026]
one or more processors executing instructions that, when executed by the one or more processors, cause operations comprising: [0051], [0099-0100]
detecting, by at least one of a movement or orientation detection component of the mobile device, a device orientation or motion sequence associated with a payment method, the device orientation or motion sequence being performed via the mobile device by a user of the mobile device; [0005], [0039] In certain embodiments, the user defined action is selected from at least one of a button operatively coupled to the processor, a single key of the input device, combination of keys on the input device actuated simultaneously, a combination of keys on the input device actuated in a pattern, the actuation of a specific key of the input device after a predetermined number of random key strokes, a voice pattern, a spoken word, a spoken phrase, language patterns, biometric data, a specific movement of the apparatus, a specific change in the orientation of the apparatus or a selectable icon presented on a display of the apparatus… In a still further embodiment, the single action input involves an accelerometer incorporated into the mobile device 100. While not shown in FIG. 1, the accelerometer can be internal to the mobile device 100 and used to determine acceleration of the mobile device. In an embodiment, the single action input used to trigger transmission of the default payment information is the user moving, or accelerating, the mobile device 100 in a particular way, perhaps simultaneously in combination with the user depressing a button on the mobile device 100.
determining that user identity verification of the user is required, in connection with using the device orientation or motion sequence with the payment method, based on the device orientation or motion sequence (i) being a first device orientation or motion sequence for which further user verification is required and (ii) not being a second device orientation or motion sequence for which further user verification is not required; [0009-0011], [0015], [0034], [0044], see also [0042] and [0047] the user defined action is selected from at least one of….a specific movement of a mobile device, a specific change in the orientation of the mobile device or a selectable icon presented on a display of the apparatus… Alternatively, the user may assign different single action inputs as authorizing payments from different payment vehicles. Using the example above, selecting the "H" key may authorize a payment from the user's debit account, whereas selecting the number "1" and "#" authorizes payment from the user's credit card account without further authorization… In some embodiments, the payment rules relate to the transaction time...In an embodiment, the user provides instructions that allow transactions based on a single action input without additional authentication during predetermined time windows. For example, the user may allow transactions based on a single action input between 8 AM and 5 PM so that the user can quickly and easily conduct transactions during work hours. Alternatively, the user may require a specific single action input, such as the Pay Now icon between 8 AM and 5 PM and face recognition for transactions between 5 PM and 11 PM and a full username and password for any transaction between 11 PM and 5 AM. In another embodiment, the user provides instructions that a single action input is sufficient to authorize a payment if the user has authenticated his identity within a predetermined time period. For example, the user can provide instructions that allow transactions based on a specified single action input if the user has authenticated his identity within the previous twenty-four hours. When the user attempts to conduct a transaction, the system determines the current time and compares that time to the timing of the last authentication. If the user has authenticated his identity within the previous twenty-four hours, the system will allow wireless payment after receiving the appropriate single action input…. the computer program product may also include a code portion comprising an electronic wallet application that is configured to use the communication device to wirelessly transmit the predetermined payment information to the transaction device without requiring the launching of the electronic wallet application prior to wirelessly transmitting the default payment information if the first input matches the user defined action stored in the memory… In certain embodiments, the method includes the additional steps of receiving a username and password from the user, prompting the user to enter the username and password
verifying an identity of the user based on the determination that user verification is required in connection with using the device orientation or motion sequence with the payment method; and [0009-0011], [0015], [0034], [0044], see also [0042] and [0047] the user defined action is selected from at least one of….a specific movement of a mobile device, a specific change in the orientation of the mobile device or a selectable icon presented on a display of the apparatus… Alternatively, the user may assign different single action inputs as authorizing payments from different payment vehicles. Using the example above, selecting the "H" key may authorize a payment from the user's debit account, whereas selecting the number "1" and "#" authorizes payment from the user's credit card account without further authorization… In some embodiments, the payment rules relate to the transaction time...In an embodiment, the user provides instructions that allow transactions based on a single action input without additional authentication during predetermined time windows. For example, the user may allow transactions based on a single action input between 8 AM and 5 PM so that the user can quickly and easily conduct transactions during work hours. Alternatively, the user may require a specific single action input, such as the Pay Now icon between 8 AM and 5 PM and face recognition for transactions between 5 PM and 11 PM and a full username and password for any transaction between 11 PM and 5 AM. In another embodiment, the user provides instructions that a single action input is sufficient to authorize a payment if the user has authenticated his identity within a predetermined time period. For example, the user can provide instructions that allow transactions based on a specified single action input if the user has authenticated his identity within the previous twenty-four hours. When the user attempts to conduct a transaction, the system determines the current time and compares that time to the timing of the last authentication. If the user has authenticated his identity within the previous twenty-four hours, the system will allow wireless payment after receiving the appropriate single action input…. the computer program product may also include a code portion comprising an electronic wallet application that is configured to use the communication device to wirelessly transmit the predetermined payment information to the transaction device without requiring the launching of the electronic wallet application prior to wirelessly transmitting the default payment information if the first input matches the user defined action stored in the memory… In certain embodiments, the method includes the additional steps of receiving a username and password from the user, prompting the user to enter the username and password
initiating, based on the detected device orientation or motion sequence and the verification of the identity of the user, a transaction with an entity using the payment method, the payment method being selected from a plurality of payment methods based on the detected device orientation or motion sequence. [0012], [0034], [0047] In another example, a selectable alphanumeric key pad is presented on the screen 103 of the mobile device 100 (not shown) and the user indicates that a single key or combination of keys pressed simultaneously or in sequence is the single action input that can be used to quickly transmit default payment information without requiring additional authentication. For example, the user may assign the letter "H" as the key that must be pressed to wirelessly transmit default payment information or the number "1" on the mobile device 100 keypad and the "#" button pressed simultaneously. Alternatively, the user may assign different single action inputs as authorizing payments from different payment vehicles. Using the example above, selecting the "H" key may authorize a payment from the user's debit account, whereas selecting the number "1" and "#" authorizes payment from the user's credit card account without further authorization… In some embodiments, the payment rules relate to the transaction time...In an embodiment, the user provides instructions that allow transactions based on a single action input without additional authentication during predetermined time windows. For example, the user may allow transactions based on a single action input between 8 AM and 5 PM so that the user can quickly and easily conduct transactions during work hours. Alternatively, the user may require a specific single action input, such as the Pay Now icon between 8 AM and 5 PM and face recognition for transactions between 5 PM and 11 PM and a full username and password for any transaction between 11 PM and 5 AM. In another embodiment, the user provides instructions that a single action input is sufficient to authorize a payment if the user has authenticated his identity within a predetermined time period. For example, the user can provide instructions that allow transactions based on a specified single action input if the user has authenticated his identity within the previous twenty-four hours. When the user attempts to conduct a transaction, the system determines the current time and compares that time to the timing of the last authentication. If the user has authenticated his identity within the previous twenty-four hours, the system will allow wireless payment after receiving the appropriate single action input…. In some embodiments, the payment rules relate to the user at the time of the transaction. For example, whether a single action input is sufficient to authorize a payment may depend on the status of the user's financial account information. In an embodiment, a specified single action input may authorize a payment so long as there is a minimum balance in the user's financial account. If the transaction would bring the account below a predetermined amount, the user will be required to fully launch the mobile wallet application and/or provide additional authentication to allow the transaction. In another embodiment, the payment rules will authorize a transaction from a single action input if the user has not performed a predetermined number of transactions recently. For example, the instructions may allow single action input transactions without further authentication if the user has performed fewer than twenty transactions in the current month.
As per claim 21, Grigg discloses:
A method comprising: [0028]
executing, via one or more processors, operations comprising: [0051], [0099-0100]
detecting a device orientation or motion sequence, associated with a payment method, that is performed by a user of a mobile device; [0005], [0039] In certain embodiments, the user defined action is selected from at least one of a button operatively coupled to the processor, a single key of the input device, combination of keys on the input device actuated simultaneously, a combination of keys on the input device actuated in a pattern, the actuation of a specific key of the input device after a predetermined number of random key strokes, a voice pattern, a spoken word, a spoken phrase, language patterns, biometric data, a specific movement of the apparatus, a specific change in the orientation of the apparatus or a selectable icon presented on a display of the apparatus… In a still further embodiment, the single action input involves an accelerometer incorporated into the mobile device 100. While not shown in FIG. 1, the accelerometer can be internal to the mobile device 100 and used to determine acceleration of the mobile device. In an embodiment, the single action input used to trigger transmission of the default payment information is the user moving, or accelerating, the mobile device 100 in a particular way, perhaps simultaneously in combination with the user depressing a button on the mobile device 100.
determining that user authentication is required in connection with using the device orientation or motion sequence with the payment method; [0009-0011], [0015], [0034], [0044], see also [0042] and [0047] the user defined action is selected from at least one of….a specific movement of a mobile device, a specific change in the orientation of the mobile device or a selectable icon presented on a display of the apparatus… Alternatively, the user may assign different single action inputs as authorizing payments from different payment vehicles. Using the example above, selecting the "H" key may authorize a payment from the user's debit account, whereas selecting the number "1" and "#" authorizes payment from the user's credit card account without further authorization… In some embodiments, the payment rules relate to the transaction time...In an embodiment, the user provides instructions that allow transactions based on a single action input without additional authentication during predetermined time windows. For example, the user may allow transactions based on a single action input between 8 AM and 5 PM so that the user can quickly and easily conduct transactions during work hours. Alternatively, the user may require a specific single action input, such as the Pay Now icon between 8 AM and 5 PM and face recognition for transactions between 5 PM and 11 PM and a full username and password for any transaction between 11 PM and 5 AM. In another embodiment, the user provides instructions that a single action input is sufficient to authorize a payment if the user has authenticated his identity within a predetermined time period. For example, the user can provide instructions that allow transactions based on a specified single action input if the user has authenticated his identity within the previous twenty-four hours. When the user attempts to conduct a transaction, the system determines the current time and compares that time to the timing of the last authentication. If the user has authenticated his identity within the previous twenty-four hours, the system will allow wireless payment after receiving the appropriate single action input…. the computer program product may also include a code portion comprising an electronic wallet application that is configured to use the communication device to wirelessly transmit the predetermined payment information to the transaction device without requiring the launching of the electronic wallet application prior to wirelessly transmitting the default payment information if the first input matches the user defined action stored in the memory… In certain embodiments, the method includes the additional steps of receiving a username and password from the user, prompting the user to enter the username and password
authenticating the user based on the determination that user authentication is required in connection with using the device orientation or motion sequence with the payment method; and [0009-0011], [0015], [0034], [0044], see also [0042] and [0047] the user defined action is selected from at least one of….a specific movement of a mobile device, a specific change in the orientation of the mobile device or a selectable icon presented on a display of the apparatus… Alternatively, the user may assign different single action inputs as authorizing payments from different payment vehicles. Using the example above, selecting the "H" key may authorize a payment from the user's debit account, whereas selecting the number "1" and "#" authorizes payment from the user's credit card account without further authorization… In some embodiments, the payment rules relate to the transaction time...In an embodiment, the user provides instructions that allow transactions based on a single action input without additional authentication during predetermined time windows. For example, the user may allow transactions based on a single action input between 8 AM and 5 PM so that the user can quickly and easily conduct transactions during work hours. Alternatively, the user may require a specific single action input, such as the Pay Now icon between 8 AM and 5 PM and face recognition for transactions between 5 PM and 11 PM and a full username and password for any transaction between 11 PM and 5 AM. In another embodiment, the user provides instructions that a single action input is sufficient to authorize a payment if the user has authenticated his identity within a predetermined time period. For example, the user can provide instructions that allow transactions based on a specified single action input if the user has authenticated his identity within the previous twenty-four hours. When the user attempts to conduct a transaction, the system determines the current time and compares that time to the timing of the last authentication. If the user has authenticated his identity within the previous twenty-four hours, the system will allow wireless payment after receiving the appropriate single action input…. the computer program product may also include a code portion comprising an electronic wallet application that is configured to use the communication device to wirelessly transmit the predetermined payment information to the transaction device without requiring the launching of the electronic wallet application prior to wirelessly transmitting the default payment information if the first input matches the user defined action stored in the memory… In certain embodiments, the method includes the additional steps of receiving a username and password from the user, prompting the user to enter the username and password
initiating, based on the device orientation or motion sequence and the authentication of the user, a transaction with an entity using the payment method. [0012], [0034], [0047] In another example, a selectable alphanumeric key pad is presented on the screen 103 of the mobile device 100 (not shown) and the user indicates that a single key or combination of keys pressed simultaneously or in sequence is the single action input that can be used to quickly transmit default payment information without requiring additional authentication. For example, the user may assign the letter "H" as the key that must be pressed to wirelessly transmit default payment information or the number "1" on the mobile device 100 keypad and the "#" button pressed simultaneously. Alternatively, the user may assign different single action inputs as authorizing payments from different payment vehicles. Using the example above, selecting the "H" key may authorize a payment from the user's debit account, whereas selecting the number "1" and "#" authorizes payment from the user's credit card account without further authorization… In some embodiments, the payment rules relate to the transaction time...In an embodiment, the user provides instructions that allow transactions based on a single action input without additional authentication during predetermined time windows. For example, the user may allow transactions based on a single action input between 8 AM and 5 PM so that the user can quickly and easily conduct transactions during work hours. Alternatively, the user may require a specific single action input, such as the Pay Now icon between 8 AM and 5 PM and face recognition for transactions between 5 PM and 11 PM and a full username and password for any transaction between 11 PM and 5 AM. In another embodiment, the user provides instructions that a single action input is sufficient to authorize a payment if the user has authenticated his identity within a predetermined time period. For example, the user can provide instructions that allow transactions based on a specified single action input if the user has authenticated his identity within the previous twenty-four hours. When the user attempts to conduct a transaction, the system determines the current time and compares that time to the timing of the last authentication. If the user has authenticated his identity within the previous twenty-four hours, the system will allow wireless payment after receiving the appropriate single action input…. In some embodiments, the payment rules relate to the user at the time of the transaction. For example, whether a single action input is sufficient to authorize a payment may depend on the status of the user's financial account information. In an embodiment, a specified single action input may authorize a payment so long as there is a minimum balance in the user's financial account. If the transaction would bring the account below a predetermined amount, the user will be required to fully launch the mobile wallet application and/or provide additional authentication to allow the transaction. In another embodiment, the payment rules will authorize a transaction from a single action input if the user has not performed a predetermined number of transactions recently. For example, the instructions may allow single action input transactions without further authentication if the user has performed fewer than twenty transactions in the current month.
As per claim 23, and 33, Grigg discloses:
wherein the device orientation or motion sequence comprises one or more device orientations and one or more motions. [0005], [0039] In certain embodiments, the user defined action is selected from at least one of a button operatively coupled to the processor, a single key of the input device, combination of keys on the input device actuated simultaneously, a combination of keys on the input device actuated in a pattern, the actuation of a specific key of the input device after a predetermined number of random key strokes, a voice pattern, a spoken word, a spoken phrase, language patterns, biometric data, a specific movement of the apparatus, a specific change in the orientation of the apparatus or a selectable icon presented on a display of the apparatus… In a still further embodiment, the single action input involves an accelerometer incorporated into the mobile device 100. While not shown in FIG. 1, the accelerometer can be internal to the mobile device 100 and used to determine acceleration of the mobile device. In an embodiment, the single action input used to trigger transmission of the default payment information is the user moving, or accelerating, the mobile device 100 in a particular way, perhaps simultaneously in combination with the user depressing a button on the mobile device 100.
As per claims 24, and 34, Grigg discloses:
detecting another device orientation or motion sequence performed via the mobile device in connection with the device orientation or motion sequence, [0005], [0034], [0039], [0086] in re Harza For instance, the user may be given three opportunities to provide a single action input that matches a single action input stored in memory and if after the third attempt is unsuccessful, will be asked to provide the username and password. However, in other embodiments, failure to provide a recognized single action input on the first attempt will result in the user being prompted to provide the username and password… the user indicates that a single key or combination of keys pressed simultaneously or in sequence is the single action input that can be used to quickly transmit default payment information without requiring additional authentication… In certain embodiments, the user defined action is selected from at least one of a button operatively coupled to the processor, a single key of the input device, combination of keys on the input device actuated simultaneously, a combination of keys on the input device actuated in a pattern, the actuation of a specific key of the input device after a predetermined number of random key strokes, a voice pattern, a spoken word, a spoken phrase, language patterns, biometric data, a specific movement of the apparatus, a specific change in the orientation of the apparatus or a selectable icon presented on a display of the apparatus… In a still further embodiment, the single action input involves an accelerometer incorporated into the mobile device 100. While not shown in FIG. 1, the accelerometer can be internal to the mobile device 100 and used to determine acceleration of the mobile device. In an embodiment, the single action input used to trigger transmission of the default payment information is the user moving, or accelerating, the mobile device 100 in a particular way, perhaps simultaneously in combination with the user depressing a button on the mobile device 100… In other embodiments, the single action input may consist of the user manipulating the mobile device 100 in a specific pattern selected by the user, such as figure eight or square, to authorize the payment.
wherein authenticating the user comprises determining that the other device orientation or motion sequence is a valid sequence for authentication via the mobile device. [0004], [0034], [0039] the user indicates that a single key or combination of keys pressed simultaneously or in sequence is the single action input that can be used to quickly transmit default payment information without requiring additional authentication… In other embodiments, the single action input may consist of the user manipulating the mobile device 100 in a specific pattern selected by the user, such as figure eight or square, to authorize the payment... In such embodiments, the processor is configured to receive transaction information from the transaction device related to a transaction, receive a first input from the user, determine if the first input matches the user defined action for authorizing a wireless payment and use the communication device to wirelessly transmit the predetermined payment information and authorize payment if the first input matches the user defined action stored in the memory. In some embodiments, the apparatus is a mobile device such as a mobile phone.
As per claims 26, and 35, Grigg discloses:
wherein detecting the device orientation or motion sequence associated with the payment method comprises the detecting device orientation or motion sequence using at least one of an accelerometer or orientation circuitry in the mobile device. [0005], [0039] In certain embodiments, the user defined action is selected from at least one of a button operatively coupled to the processor, a single key of the input device, combination of keys on the input device actuated simultaneously, a combination of keys on the input device actuated in a pattern, the actuation of a specific key of the input device after a predetermined number of random key strokes, a voice pattern, a spoken word, a spoken phrase, language patterns, biometric data, a specific movement of the apparatus, a specific change in the orientation of the apparatus or a selectable icon presented on a display of the apparatus… In a still further embodiment, the single action input involves an accelerometer incorporated into the mobile device 100. While not shown in FIG. 1, the accelerometer can be internal to the mobile device 100 and used to determine acceleration of the mobile device. In an embodiment, the single action input used to trigger transmission of the default payment information is the user moving, or accelerating, the mobile device 100 in a particular way, perhaps simultaneously in combination with the user depressing a button on the mobile device 100.
As per claims 27, and 36, Grigg discloses:
wherein detecting the device orientation or motion sequence associated with the payment method comprises detecting a pressing of at least one mobile device function button. [0005], [0034] In certain embodiments, the user defined action is selected from at least one of a button operatively coupled to the processor, a single key of the input device, combination of keys on the input device actuated simultaneously, a combination of keys on the input device actuated in a pattern, the actuation of a specific key of the input device after a predetermined number of random key strokes, a voice pattern, a spoken word, a spoken phrase, language patterns, biometric data, a specific movement of the apparatus, a specific change in the orientation of the apparatus or a selectable icon presented on a display of the apparatus… In another example, a selectable alphanumeric key pad is presented on the screen 103 of the mobile device 100 (not shown) and the user indicates that a single key or combination of keys pressed simultaneously or in sequence is the single action input that can be used to quickly transmit default payment information without requiring additional authentication. For example, the user may assign the letter "H" as the key that must be pressed to wirelessly transmit default payment information or the number "1" on the mobile device 100 keypad and the "#" button pressed simultaneously. Alternatively, the user may assign different single action inputs as authorizing payments from different payment vehicles. Using the example above, selecting the "H" key may authorize a payment from the user's debit account, whereas selecting the number "1" and "#" authorizes payment from the user's credit card account without further authorization.
As per claims 29, and 38, Grigg discloses:
wherein detecting the device orientation or motion sequence associated with the payment method comprises detecting actions using a touch-sensitive display of the mobile device. [0010], [0029] FIG. 1 provides an example of a mobile device 100, such as a mobile phone, in accordance with one embodiment of the present invention. In some embodiments, the mobile device 100 will include a touch screen 103 with a number of selectable icons for accessing various functionalities of the mobile device 100, including an electronic wallet application 102, which is a software application installed on the mobile device 100 that manages the user's mobile wallet… In some such embodiments, the user defined action is selected from at least one of a button operatively coupled to the processor, a single key of the input device, combination of keys on the input device actuated simultaneously, a combination of keys on the input device actuated in a pattern, the actuation of a specific key of the input device after a predetermined number of random key strokes, a voice pattern, a spoken word, a spoken phrase, language patterns, biometric data, a specific movement of a mobile device, a specific change in the orientation of the mobile device or a selectable icon presented on a display of the apparatus.
As per claim 32, Grigg discloses:
One or more non-transitory computer-readable media storing instructions that, when executed by one or more processors, cause operations comprising: [0100-0103]
detecting a device orientation or motion sequence, associated with a payment method, that is performed by a user of a mobile device; [0005], [0039] In certain embodiments, the user defined action is selected from at least one of a button operatively coupled to the processor, a single key of the input device, combination of keys on the input device actuated simultaneously, a combination of keys on the input device actuated in a pattern, the actuation of a specific key of the input device after a predetermined number of random key strokes, a voice pattern, a spoken word, a spoken phrase, language patterns, biometric data, a specific movement of the apparatus, a specific change in the orientation of the apparatus or a selectable icon presented on a display of the apparatus… In a still further embodiment, the single action input involves an accelerometer incorporated into the mobile device 100. While not shown in FIG. 1, the accelerometer can be internal to the mobile device 100 and used to determine acceleration of the mobile device. In an embodiment, the single action input used to trigger transmission of the default payment information is the user moving, or accelerating, the mobile device 100 in a particular way, perhaps simultaneously in combination with the user depressing a button on the mobile device 100.
authenticating the user based on a determination that user authentication is required in connection with using the device orientation or motion sequence with the payment method ;and [0009-0011], [0015], [0034], [0044], see also [0042] and [0047] the user defined action is selected from at least one of….a specific movement of a mobile device, a specific change in the orientation of the mobile device or a selectable icon presented on a display of the apparatus… Alternatively, the user may assign different single action inputs as authorizing payments from different payment vehicles. Using the example above, selecting the "H" key may authorize a payment from the user's debit account, whereas selecting the number "1" and "#" authorizes payment from the user's credit card account without further authorization… In some embodiments, the payment rules relate to the transaction time...In an embodiment, the user provides instructions that allow transactions based on a single action input without additional authentication during predetermined time windows. For example, the user may allow transactions based on a single action input between 8 AM and 5 PM so that the user can quickly and easily conduct transactions during work hours. Alternatively, the user may require a specific single action input, such as the Pay Now icon between 8 AM and 5 PM and face recognition for transactions between 5 PM and 11 PM and a full username and password for any transaction between 11 PM and 5 AM. In another embodiment, the user provides instructions that a single action input is sufficient to authorize a payment if the user has authenticated his identity within a predetermined time period. For example, the user can provide instructions that allow transactions based on a specified single action input if the user has authenticated his identity within the previous twenty-four hours. When the user attempts to conduct a transaction, the system determines the current time and compares that time to the timing of the last authentication. If the user has authenticated his identity within the previous twenty-four hours, the system will allow wireless payment after receiving the appropriate single action input…. the computer program product may also include a code portion comprising an electronic wallet application that is configured to use the communication device to wirelessly transmit the predetermined payment information to the transaction device without requiring the launching of the electronic wallet application prior to wirelessly transmitting the default payment information if the first input matches the user defined action stored in the memory… In certain embodiments, the method includes the additional steps of receiving a username and password from the user, prompting the user to enter the username and password
initiating, based on the device orientation or motion sequence and the authentication of the user, a transaction with an entity using the payment method, the payment method being selected from a plurality of payment methods based on the device orientation or motion sequence. [0012], [0034], [0047] In another example, a selectable alphanumeric key pad is presented on the screen 103 of the mobile device 100 (not shown) and the user indicates that a single key or combination of keys pressed simultaneously or in sequence is the single action input that can be used to quickly transmit default payment information without requiring additional authentication. For example, the user may assign the letter "H" as the key that must be pressed to wirelessly transmit default payment information or the number "1" on the mobile device 100 keypad and the "#" button pressed simultaneously. Alternatively, the user may assign different single action inputs as authorizing payments from different payment vehicles. Using the example above, selecting the "H" key may authorize a payment from the user's debit account, whereas selecting the number "1" and "#" authorizes payment from the user's credit card account without further authorization… In some embodiments, the payment rules relate to the transaction time...In an embodiment, the user provides instructions that allow transactions based on a single action input without additional authentication during predetermined time windows. For example, the user may allow transactions based on a single action input between 8 AM and 5 PM so that the user can quickly and easily conduct transactions during work hours. Alternatively, the user may require a specific single action input, such as the Pay Now icon between 8 AM and 5 PM and face recognition for transactions between 5 PM and 11 PM and a full username and password for any transaction between 11 PM and 5 AM. In another embodiment, the user provides instructions that a single action input is sufficient to authorize a payment if the user has authenticated his identity within a predetermined time period. For example, the user can provide instructions that allow transactions based on a specified single action input if the user has authenticated his identity within the previous twenty-four hours. When the user attempts to conduct a transaction, the system determines the current time and compares that time to the timing of the last authentication. If the user has authenticated his identity within the previous twenty-four hours, the system will allow wireless payment after receiving the appropriate single action input…. In some embodiments, the payment rules relate to the user at the time of the transaction. For example, whether a single action input is sufficient to authorize a payment may depend on the status of the user's financial account information. In an embodiment, a specified single action input may authorize a payment so long as there is a minimum balance in the user's financial account. If the transaction would bring the account below a predetermined amount, the user will be required to fully launch the mobile wallet application and/or provide additional authentication to allow the transaction. In another embodiment, the payment rules will authorize a transaction from a single action input if the user has not performed a predetermined number of transactions recently. For example, the instructions may allow single action input transactions without further authentication if the user has performed fewer than twenty transactions in the current month.
As per claims 33-36 and 38, claims 33-36 and 38 recite substantially similar limitations to those found in claims 23, 24, 26, 27, and 29, respectively. Therefor claims 33-36 and 38 are rejected under the same art and rationale as claims 23, 24, 26, 27, and 29. Furthermore, Grigg discloses a non-transitory computer readable medium [0101-0104].
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 25, 30, 31, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Grigg (US Patent Application Publication 20120197743), “Grigg” in view of Chin (US Patent Application Publication 20110282785), “Chin”.
As per claim 25, Grigg does not expressly disclose the following, Chin, however discloses:
in connection with using the device orientation or motion sequence with the payment method, determining an identification of at least one of an optical payment code payment method, a near-field communication payment method, an audio payment signal method, an internet-based payment method, or a short message service (SMS)-based payment method. [0043] , [0053]According to an example embodiment, the wireless transmission of the protected payment data 400 from the target device 102 to the initiator device 100 may occur within another regime of the electromagnetic spectrum other than that employed by radiofrequency devices. In another embodiment, the wireless transmission of the protected payment data 400 may occur via modulation of an encoded visible or infrared light signal (as illustrated in FIGS. 4B, 7B and 7C). In one implementation, when a user-defined payment gesture is entered on the touch receptive input area 114 of the target device 102 in response to or in anticipation of interrogation by an initiator device 100, a spatially encoded optical pattern in the form of an encoded optical emission containing the protected payment data 400 may be emitted by the target device 102. Such an encoded optical emission may be in the form of a one or two dimensional barcode 702 depicted on a display screen 700 of the target device 102, which may then be read by an optical scanner of a proximate initiator device 100 (as illustrated in FIG. 7C). In another embodiment, the protected payment data 400 may be transmitted by the target device 102 as a temporally encoded stream of light pulses (such as by a light emitting diode (LED), for example, in the infrared spectrum), which may be detected by the initiator device 100 by means of an optical sensor. According to one embodiment, this light-based wireless transmission of the protected payment data 400 may substitute for or augment simultaneous wireless transmission of protected payment data 400 via NFC radiofrequency modulation. An advantage of the optical-based wireless transmission of the protected payment data 400 may be a decreased susceptibility to eavesdropping or interception of transmitted electronic signals, as transmission of optically encoded information between uncoupled devices generally requires line-of-sight, as well as close proximity… It may also be that the pre-entry of the user-defined payment gesture 110 may be application specific to an application resident on the target device (e.g., a Wells Fargo.RTM. mobile banking application, a Bank of America.RTM. mobile banking application, a Chase.RTM. mobile banking application etc.), according to one or more embodiments. In one example embodiment, the personal user settings may be such that no entry of a payment gesture (e.g., the user-defined payment gesture 110) is required to enable wireless transmission of the payment data (e.g., protected payment data 400) in response to interrogation by an initiator device 100, if the application is payment facility and the initiator device 100 is a pay terminal associated with a parking meter, while in another example embodiment, if the application is a credit card payment system, the personal user settings may require entry of a payment gesture to enable wireless transmission of the payment data. In addition, the target device 102 may be configured under a user setting (e.g., user 104) such that the application resident on the target device 102 may be required to prompt the user 104 to enter the user-defined payment gesture 110 prior to enabling the wireless transmission of the protected payment data 400 in response to interrogation by the initiator device 100 while an another application resident on the target device 102 (e.g., a Starbucks.RTM. Mobile App.) may be permitted to wirelessly transmit the protected payment data 400 in response to interrogation by the initiator device 100 without specific authentication of the user-defined payment gesture 110 by user 104, according to one or more exemplary embodiments embodiment.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Grigg with the ability to use optical-based payment methods as taught by Chin doing so decreases susceptibility to eavesdropping or interception of transmitted electronic signals, [0043], [0053].
As per claim 30, Grigg does not expressly disclose the following, Chin, however discloses:
wherein the device orientation or motion sequence associated with the payment method includes a sequence of taps on the touch-sensitive display. [0060] In an example embodiment, an applied gesture 108 may comprise a tactile pattern consisting of application by a pattern applicator 112 within a designated touch-sensitive input area 114 of an arbitrarily complex spatial or temporal pattern of tactile forces. The tactile pattern of the applied gesture 108 may consist of one or more simultaneous or sequential point or vector tactile forces. A vector tactile force may consist of directional linear or complex curvilinear components. The gesture may include a temporal element. For example, the applied gesture 108 may include linear applications of force by the pattern applicator 112 across the touch screen 106, taps against the touch screen 106, taps against a touch receptive input area 114, static applications of the pattern applicator 112 in proximity with the touch screen 106 for a specified period of time, or any combination thereof. The applied gesture 108 may be composed by the authorized user of the mobile device 102.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Grigg with the ability to use taps as a gestures as taught by Chin doing so further allows different tactile patterns to be associated with payment methods [0060].
As per claims 31, and 39, Grigg does not expressly disclose the following, Chin, however discloses:
wherein the device orientation or motion sequence associated with the payment method includes at least one of a specific pattern or a plurality of characters drawn on the touch-sensitive display. [0060], [0066], see also fig. 9, In an example embodiment, an applied gesture 108 may comprise a tactile pattern consisting of application by a pattern applicator 112 within a designated touch-sensitive input area 114 of an arbitrarily complex spatial or temporal pattern of tactile forces. The tactile pattern of the applied gesture 108 may consist of one or more simultaneous or sequential point or vector tactile forces. A vector tactile force may consist of directional linear or complex curvilinear components. The gesture may include a temporal element. For example, the applied gesture 108 may include linear applications of force by the pattern applicator 112 across the touch screen 106, taps against the touch screen 106, taps against a touch receptive input area 114, static applications of the pattern applicator 112 in proximity with the touch screen 106 for a specified period of time, or any combination thereof. The applied gesture 108 may be composed by the authorized user of the mobile device 102.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Grigg with the ability to use tactile patterns as a gestures as taught by Chin doing so further allows different tactile patterns to be associated with payment methods [0060].
As per claim 39, claim 39 recite substantially similar limitations to those found in claim 31. Therefor claim 39 is rejected under the same art and rationale as claim 31. Furthermore, Grigg discloses a non-transitory computer readable medium [0101-0104].
Claims 22, 28, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Grigg in view of Lindsay (US Patent Application Publication 20070250920), “Lindsay”.
As per claim 22, Grigg does not expressly disclose the following, Lindsay, however discloses:
receiving a log on request, wherein determining that user authentication of the user is required includes determining that the log on request includes a secret associated with the user. [0024], [0037] In some embodiments of the invention, the security system is adapted to distinguish primary and secondary passwords that may be configured to have overt and/or covert components. In such systems, entry of the overt component can be recognized by an observer as entry of a password, whereas entry of the covert component is ordinarily difficult for an observer to recognize as an entry of security-related information. For example, in a computer login screen to access an account, the overt component may be entry of a password in a field clearly labeled as a password field, whereas the covert component may comprise a detail of timing in entering keystrokes or clicking a mouse, an action of a stylus, a specific form of contact with a touch-sensitive screen or other contact-sensitive device, or a detail of precisely where on a button the user clicks, or some other "hidden action" during, before, or after entry of the overt component of the password… In some embodiments, the administrative interface can be used to configure security rules associated with one-time password devices, such as password synchronization devices for two-part or multi-part authentication, wherein the synchronization device displays a one-time password (OTP) that changes periodically. The customized security rules may be used to override system defaults and allow the user to define a primary password that comprises a modified form of the OTP, such as the currently displayed OTP wherein one or more of the characters displayed are incremented, transposed, duplicated or otherwise replicated, deleted, shifted, augmented with another string, etc., according to rules selected by the user.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Grigg with the ability to use multifactor authentication as taught by Lindsay, doing so further allows the user to create custom rules to over-ride defaults settings associated with the user account based on the second login factor [0024], [0037].
As per claims 28, and 37, Grigg does not expressly disclose the following, Lindsay, however discloses:
wherein detecting the pressing of at least one mobile device function button comprises detecting a pressing of a volume button. [0341] A dual-channel security system is proposed in which two or more channels of information transfer are provided in a single device such as a cell phone. The cell phone, for example, may be equipped with a tactile signal generator such as a vibratory mechanism that act can serve as a cue to a user that a security status input is requested in the form of a hidden action. This cue can be generated during a phone call with an account management service that employs a security system according to the present invention. In response to the vibration, the user in a secure setting is expected to take one of two or more recognizable actions to convey the security status. In a cell phone equipped with an accelerometer, inclinometer, or vibration-sensitive sensor, a physical motion may be used to provide input such as shaking the phone once or twice, turning the phone upside down, tilting the phone at a new angle (e.g., a 45 degree angle), etc., resulting in the inaudible and optionally digital transmission of information to wirelessly and inaudibly convey information. The signal by itself may have no meaning except when immediately preceded by the inaudible prompt for security status information. The user may also be expected to touch or tap (as with a stylus) a portion of a contact-sensitive screen, to press a button (not necessarily one of the keys--it could be to make a volume adjustment to increase or decrease volume), etc. The hidden action can serve as a covert component of a password. The absence of the specified hidden action, for example, or a significant error in executing the hidden action, can serve as a covert component of a secondary password to indicate that the status is insecure.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Grigg with the ability to use multifactor authentication including the volume button as taught by Lindsay, doing so further allows the user to create custom rules to over-ride defaults settings associated with the user account based on the second login factor, such as pressing the volume button [0024], [0037], [0341].
As per claim 37, claim 37 recite substantially similar limitations to those found in claim 28. Therefor claim 37 is rejected under the same art and rationale as claim 28. Furthermore, Grigg discloses a non-transitory computer readable medium [0101-0104].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY S CUNNINGHAM II whose telephone number is (313)446-6564. The examiner can normally be reached Mon-Fri 8:30am-4pm.
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GREGORY S. CUNNINGHAM II
Primary Examiner
Art Unit 3694
/GREGORY S CUNNINGHAM II/Primary Examiner, Art Unit 3694
Prosecution Insights