DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
For the purpose of prior art consideration, the effective filing date of the instant application is based on the application being filed on April 25th, 2024.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “activity instrument” and “magnetic component” in claims 1-20 and “vibration component” in claims 7 and 17.
Claim 1 and 11 – “[an] activity instrument to perform an activity”, “[at least one] first magnetic component switching between a first and a second mode” and “[a] second magnetic field generated by at least one second magnetic component of the activity instrument” See MPEP 2181. Underlined is the generic placeholder used by the claim and bolded is the functional language. The generic placeholder is not modified by sufficient structure, material or acts for performing the claim. Therefore, 112(f) is invoked.
Claim 7 and 17 – “[at least one] vibration component configured to vibrate the activity instrument …” See MPEP 2181. Underlined is the generic placeholder used by the claim and bolded is the functional language. The generic placeholder is not modified by sufficient structure, material or acts for performing the claim. Therefore, 112(f) is invoked.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Examiner’s Note
While independent claims 1 and 11 do recite a method/ process and a system/ machine, respectively, said claims do not recite any of the enumerated abstract ideas and said claims are considered patent eligible under 35 USC § 101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6, 8-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bark et al. (US 2017/0344999 A1) in view of Chiu et al. (US 2022/0207318 A1).
Regarding Claims 1 and 11, Bark teaches:
A method/ system comprising:
an activity computing device configured to execute software instructions that cause the activity computing device to (See Bark ¶ [0205] – At least part of a device (e.g., modules or functions thereof) or a method (e.g., steps) according to various embodiments of the present disclosure may be implemented as commands stored, e.g., in the form of a program module, in a non-transitory computer-readable recording medium. In the case where commands are executed by at least one processor, the at least one processor may perform a particular function corresponding to the commands):
receiving, by at least one processor of an activity computing device, a first indication that a user has initiated an activity (See Bark ¶ [0102-0103] – an electronic device which determines whether an electronic device approaches a payment processing device and performs a payment function… the electronic device is capable of including a number of components (e.g., a processor, a driver, an FPCB, a power supply, and a sensor unit). The electronic device is capable of controlling coils included in the FPCB via the processor);
wherein the activity computing device is configured to receive an activity instrument to perform/ complete the activity (See Bark ¶ [0114] – The electronic device is capable of receiving card information (e.g., track 1, track 2, track 3 or token information) included in at least a part of a magnetic stripe of a card (e.g., a magnetic card) from a card issuing company or bank server via a communication module);
wherein the activity computing device comprises at least one first magnetic component switching between a first and a second mode (See Bark ¶ [0115-0116] – the voltage measuring unit is capable of converting a magnetic field signal generated in a payment processing device into an induced electromotive force and measuring the induced electromotive force by using a voltage detecting coil… If an induced electromotive force for a payment processing device is measured by using the NFC coil, the power supply is capable of switching the state of power applied to the NFC coil from a current state to a pull-down state); and
instructing, by the at least one processor of the activity computing device, the at least one first magnetic component to generate (See Bark ¶ [0110] - The controller is capable of detecting a magnetic field generated by a payment processing device via the voltage detecting coil):
when in the first mode: a first magnetic field having a first polarity that is configured to interact with a second magnetic field generated by at least one second magnetic component of the activity instrument (See Bark ¶ [0041-0042] - the electronic device is capable of supporting coil-based payment modes (e.g., an MST payment mode, an NFC payment mode). That is, the electronic device is capable of including a number of coils to support a number of payment modes and [0111] - The data creating unit is capable of controlling the direction of current flowing into the MST coil by applying a voltage with different polarities to the two ends of the MST coil according to data (e.g., a 0 or 1 bit). The data creating unit is capable of receiving data containing card information from the card information management unit and converting the data into a pulse signal of a logical low/high.);
wherein the second magnetic field has a second polarity … when the activity instrument is in proximal engagement with the activity computing device (See Bark ¶ [0111] - The data creating unit is capable of controlling the direction of current flowing into the MST coil by applying a voltage with different polarities to the two ends of the MST coil according to data (e.g., a 0 or 1 bit). The data creating unit is capable of receiving data containing card information from the card information management unit and converting the data into a pulse signal of a logical low/high and [0147] - If the induced voltage is greater than a reference voltage, it indicates that the electronic device is close to a payment processing device so that a payment function may be performed)…; and
when in the second mode:
a third magnetic field having a third polarity that is configured to interact with the second magnetic field generated by the at least one second magnetic component of the activity instrument (See Bark ¶ [0041-0042] - the electronic device is capable of supporting coil-based payment modes (e.g., an MST payment mode [second magnetic field], an NFC payment mode [third magnetic field]). That is, the electronic device is capable of including a number of coils to support a number of payment modes and [0111] - The data creating unit is capable of controlling the direction of current flowing into the MST coil by applying a voltage with different polarities to the two ends of the MST coil according to data (e.g., a 0 or 1 bit). The data creating unit is capable of receiving data containing card information from the card information management unit and converting the data into a pulse signal of a logical low/high);
wherein the third polarity is opposite to the second polarity so that the activity computing device generates a pulling magnetic force when the activity instrument is in proximal engagement with the activity computing device (See Bark ¶ [0041-0042] - the electronic device is capable of supporting coil-based payment modes (e.g., an MST payment mode, an NFC payment mode). That is, the electronic device is capable of including a number of coils to support a number of payment modes, [0111] - The data creating unit is capable of controlling the direction of current flowing into the MST coil by applying a voltage with different polarities to the two ends of the MST coil according to data (e.g., a 0 or 1 bit). The data creating unit is capable of receiving data containing card information from the card information management unit and converting the data into a pulse signal of a logical low/high and [0145-0146] - The activation of a reception mode may be a process of detecting a magnetic field, generated from an external device (e.g., a payment processing device), and blocking the power supply or switching the power supply from a current state to a pull-down state in order to measure an induced electromotive force generated by the first coil, based on the detected magnetic field…If the reception mode of the first coil is activated, the processor is capable of measuring the magnitude of a voltage (e.g., the induced voltage) corresponding to the induced electromotive force that the first coil generated. If the electronic device has approached a payment processing device, the processor is capable of amplifying a magnetic field generated from a payment processing device via the attractor of the electronic device), indicating to the user that the activity computing device is prepared to receive the activity instrument so as to facilitate a performance of the activity (See Bark ¶ [0147] - If the induced voltage is greater than a reference voltage, it indicates that the electronic device is close to a payment processing device so that a payment function may be performed).
While Bark teaches an electronic device interacting with a payment processing device based on different polarities of multiple magnetic fields to create a pulling force when said electronic device approaches said payment processing terminal (Bark ¶ [0041-0042], [0110-0111] and [0145-0147]), Bark does not explicitly teach that within said interaction of magnetic fields the second magnetic field has a second polarity that is the same as the first polarity so that the activity computing device generates a repulsive force … indicating to the user that the activity computing device is not prepared to receive the activity instrument. This is taught by Chiu (See Chiu ¶ [0054] – When tag device [activity instrument] is brought proximate to the slot area, the tag device will be aligned within the slot via the magnetic coupling of the three pairs of magnet. In a preferred embodiment, the counter-magnets may be provided on the front surface of the tag device. In this way, the tag device may be repelled by a mutual repulsive force generated between the magnets and the counter-magnets of the same polarity. Advantageously, such a resistance of the tag device from being secured by the tag holder may provide a (tactile) signal to the user that the back surface of the tag device is now facing toward the tag holder, avoiding the user from misaligning the tag device with the tag holder and therefore misaligning the feeder and the radiator, which may eventually lead to a failure of reading the tag). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the magnetic polarity based device interaction for payment processing system of Bark the function of repelling devices from interacting with each other when said devices are misaligned or otherwise not prepared for said interacting with each other by using the same magnetic polarities between said devices as taught by Chiu to accurately align and removably secure an RFID tagged card within the slot of the tag such that the communication link may be guaranteed when the RFID card and the tag holder are combined or placed proximate to each other (Chiu ¶ [0063]), thereby increasing the accuracy of the magnetic polarity based device interaction for payment processing system of Bark.
Regarding Claim 2 and 12, modified Bark teaches:
The method/ system of claim 1 and 11, wherein the instructions further cause the activity computing device to:
receiving, by the at least one processor of the activity computing device, a second indication that the activity is ready to be performed using the activity instrument (As the specification of the instant application uses activation and authentication interchangeably, see Bark ¶ [0145] - The processor is capable of activating a reception mode (e.g., a voltage detection function) of the first coil adjacent to the second coil. The activation of a reception mode may be a process of detecting a magnetic field, generated from an external device (e.g., a payment processing device));
transmitting, by the at least one processor of the activity computing device, a request to activate the activity instrument for performing the activity to a server of an entity associated with the activity instrument (As the specification of the instant application uses activation and authentication interchangeably, see Bark ¶ [0114] - The card information management unit is capable of storing card details. If the user authentication unit authenticates a user, the controller checks information regarding the authenticated user from the card information management unit… The electronic device is capable of receiving card information (e.g., track 1, track 2, track 3 or token information) included in at least a part of a magnetic stripe of a card (e.g., a magnetic card) from a card issuing company or bank server via a communication module); and
receiving, by the at least one processor of the activity computing device, a third indication of an activation status of the activity instrument before instructing the at least one first magnetic component (As the specification of the instant application uses activation and authentication interchangeably, see Bark ¶ [0138] - the processor executes an application (e.g., an application program) to perform a payment. The processor completes user authentication to perform a payment function. The reception of a payment command as in step 701 refers to a state where the user authentication corresponding to a payment function is completed).
Regarding Claim 3 and 10, modified Bark teaches:
The method/ system of claim 2 and 12, wherein the instructions further cause the activity computing device to/ comprising:
receiving, by the at least one processor of the activity computing device, an alert that authentication of the user is required prior to an activation of the activity instrument (See Bark ¶ [0047] - The electronic device is capable of repeating the transmission of a magnetic field signal from the time of user authentication. The electronic device is capable of stopping the generation of a set of magnetic field signals before the electronic device approaches the payment processing device. FIG. 2A is an illustration of a case where a time required for payment is greater than a generation time of a magnetic field signal. In this case, the electronic device must repeat the payment sequence to execute the payment function, which causes a user to repeat user authentication, which inconveniences the user and [0156] - the processor is capable of informing a user of a guide message [alert] as to whether the electronic device must be closer to a payment processing device).
Regarding Claim 4 and 16, modified Bark teaches:
The method/ system of claim 3 and 15, wherein the authentication of the user comprises:
entering at least one of a password or a pin into a financial application on the user computing device (See Bark ¶ [0044] - a procedure for performing a payment function may include a process for authenticating a user via an application for performing a payment function (e.g., fingerprint authentication, password authentication, iris authentication));
wherein the financial application is associated with the entity (See Bark ¶ [0081] – an API as part of a program module downloaded from a server and [0114] – receiving information from a bank server).
Regarding Claim 5 and 14, modified Bark teaches:
The method/ system of claim 3 and 13, wherein the instructions further cause the activity computing device to/ comprising:
receiving, by the at least one processor of the activity computing device:
an alert that the user was authenticated; or
an alert that the user was not authenticated (See Bark ¶ [0047] - The electronic device is capable of repeating the transmission of a magnetic field signal from the time of user authentication. The electronic device is capable of stopping the generation of a set of magnetic field signals before the electronic device approaches the payment processing device. FIG. 2A is an illustration of a case where a time required for payment is greater than a generation time of a magnetic field signal. In this case, the electronic device must repeat the payment sequence to execute the payment function, which causes a user to repeat user authentication, which inconveniences the user and [0156] - the processor is capable of informing a user of a guide message [alert] as to whether the electronic device must be closer to a payment processing device);
wherein the activity instrument is activated if the user is authenticated; and
wherein the activity instrument is not activated if the user is not authenticated (See Bark ¶ [0046-0047] - the electronic device is capable of performing user authentication via fingerprint recognition. The electronic device is handed over to a cashier. If the cashier holds the electronic device near a payment processing device (e.g., a POS terminal, a card reader), the electronic device completes the payment function … The electronic device is capable of repeating the transmission of a magnetic field signal from the time of user authentication. The electronic device is capable of stopping the generation of a set of magnetic field signals before the electronic device approaches the payment processing device. FIG. 2A is an illustration of a case where a time required for payment is greater than a generation time of a magnetic field signal. In this case, the electronic device must repeat the payment sequence to execute the payment function [user is not authenticated], which causes a user to repeat user authentication, which inconveniences the user).
Regarding Claim 6, modified Bark teaches:
The method of claim 1, wherein the activity computing device is configured to provide an indication when the activity is completed, and the activity instrument is ready to be removed (See Bark ¶ [0050] – if the electronic device receives an acknowledgement (approval) message for the payment completion, the electronic device recognizes that the payment has been completed and stops generating the magnetic field signal).
Regarding Claim 8 and 18, modified Bark teaches:
The method/ system of claim 1 and 11, wherein the activity computing device comprises a sensor configured to detect a polarity of the second magnetic field (See Bark ¶ [0110-0111] – The controller is capable of detecting a magnetic field generated by a payment processing device via the voltage detecting coil [sensor by example], and measuring a magnitude of an induced voltage (e.g., an induced electromotive force) corresponding to the detected magnetic field via the voltage measuring unit … The driver may include an H-bridge for controlling the polarity of a voltage applied to the two ends of the MST coil).
Regarding Claim 9 and 19, modified Bark teaches:
The method/ system of claim 1 and 11, wherein the second polarity of the second magnetic field of the activity instrument is a known polarity (See Bark ¶ [0110-0111] – The controller is capable of detecting a magnetic field generated by a payment processing device via the voltage detecting coil [sensor by example], and measuring a magnitude of an induced voltage (e.g., an induced electromotive force) corresponding to the detected magnetic field via the voltage measuring unit … The driver may include an H-bridge for controlling the polarity of a voltage applied to the two ends of the MST coil and [0130] - determines whether the measured induced voltage is greater than the first reference voltage. By controlling the polarity of an induced voltage and comparing said induced voltage with a reference voltage, the polarity must be known).
Regarding Claim 10 and 20, modified Bark teaches:
The method/ system of claim 1 and 11, wherein the at least one first magnetic component comprises an electromagnet (See Bark ¶ [0003] – Payment methods are achieved via various techniques, such as near field communication (NFC) [electromagnet by example], magnetic secure transmission (MST) [electromagnet by example], etc. Mobile terminals must include hardware components capable of supporting an NFC or MST mode in order to support corresponding payment modes. For example, a mobile terminal may include coils (e.g., a loop antenna) corresponding to payment modes, so that the mobile terminal may create magnetic field signals for payment modes via the corresponding coils);
wherein the electromagnet is configured to change from the first polarity to the third polarity via a direction of an electric current passing therethrough (See Bark ¶ [0111] – The data creating unit is capable of controlling the direction of current flowing into the MST coil by applying a voltage with different polarities to the two ends of the MST coil … The driver may include an H-bridge for controlling the polarity of a voltage applied to the two ends of the MST coil).
Regarding Claim 15, modified Bark teaches:
The system of claim 14, wherein the activity instrument is associated with a financial application on a computing device of the user (See Bark ¶ [0044] - a procedure for performing a payment function may include a process for authenticating a user via an application for performing a payment function (e.g., fingerprint authentication, password authentication, iris authentication), [0081] – an API as part of a program module downloaded from a server and [0114] – receiving information from a bank server).
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bark et al. (US 2017/0344999 A1) in view of Chiu et al. (US 2022/0207318 A1) and Levesque et al. (US 2020/0082678 A1).
Regarding Claim 7 and 17, modified Bark teaches:
The method/ system of claim 1 and 11, wherein the activity instrument further comprises at least one vibration component (See claim 1 and 8 as noted above and ¶ [0084] – the electronic device converting an electrical signal into mechanical vibrations for a vibration/ haptic effect.)
While Bark teaches an electronic device interacting with a payment processing device based on different polarities of multiple magnetic fields to create a pulling force as well as vibrating for a haptic effect when said electronic device approaches said payment processing terminal (Bark ¶ [0041-0042], [0084] [0110-0111] and [0145-0147]), Bark does not explicitly teach that said vibrating is to vibrate the activity instrument when the activity instrument is in proximal engagement with the activity computing device, indicating to the user that the activity computing device is not prepared to receive the activity instrument. This is taught by Levesque (See Levesque ¶ [0013] – When the credit card reader detects the credit card is within proximity of the wireless card reader, the credit card reader activates the electromagnet, which attracts the piece of steel and draws the credit card towards the reader, providing a haptic effect to the shopper. Thus, the shopper is informed that the credit card reader has detected the credit card and is attempting to read the financial information… If the credit card reader was unable to obtain the financial information, the credit card reader may instead pulse the electromagnet to induce a vibration in the credit card to indicate that the financial information could not be obtained. Thereby indicating to the user that the activity computing device is not prepared to receive the activity instrument by example). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the magnetic polarity based device interaction and haptic feedback for payment processing system of Bark the function of providing haptic feedback through vibration based on said interaction between said devices as taught by Levesque to enable haptic feedback capability in ordinary objects without the expense or impracticality of incorporating a power supply, haptic effect logic and circuitry, and a haptic output device, such as an actuator (Levesque ¶ [0014]), thereby increasing the efficiency of the magnetic polarity based device interaction and haptic feedback for payment processing system of Bark.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW S WERONSKI whose telephone number is (571)272-5802. The examiner can normally be reached M-F 8 am - 5 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fahd A. Obeid can be reached at 5712703324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW S WERONSKI/Examiner, Art Unit 3627
/FAHD A OBEID/Supervisory Patent Examiner, Art Unit 3627