DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. Claims 1-20 as originally filed are currently pending and are considered below.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 18, 2024 and February 6, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The claim(s) recite(s):
receiving, [by one or more processors] in a vehicle executing a vehicle payment application, one or more sets of financial data each corresponding to a financial account for making payments;
generating, [by one or more processors]executing the vehicle payment application, a virtual map display of a geographic area including indications of merchant locations;
receiving, [by one or more processors]executing the vehicle payment application, a selection by the user of one of the one or more financial accounts for initiating a payment process, and authenticating the user to ensure the user is authorized to use the selected financial account,
wherein authenticating the user includes: receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user; and
comparing, [by one or more processors]executing the vehicle payment application, the PIN to a stored PIN for an authorized user; and
transmitting, [by one or more processors] executing the vehicle payment application, a request to purchase fuel to a merchant communication terminal or server associated with a merchant location, the request including an indication of the selected financial account.
The steps of the method, as drafted, provide a process that, under its broadest reasonable
interpretation, covers commercial interactions such as advertising or marketing or sales activities or a
business relationship between a customer and merchant supplying fuel by describing the selection of a merchant location, selection of a financial account, authenticating a customer by comparing a stored PIN and requesting a fuel purchase.
If a claim limitation, under its broadest reasonable interpretation, covers advertising or
marketing or sales activities or a business relationship, then it falls within the “Certain Methods of
Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim does not
recite an additional element. As such, there is nothing recited that can be considered a practical
application or significantly more than the judicial exception.
The claims recites a payment application, one or more processors, a merchant communication terminal or server. These additional elements fail to integrate the abstract idea into a practical application.
The payment application is recited at a high‐level of generality (i.e., storing and retrieving information in memory) such that it amounts to no more than mere instructions to apply the exception using a generic computer component.
The one or more processors are performing the multiple receiving, generating, comparing and transmitting steps are recited a high level of generality such as receiving or transmitting data over a network and storing and retrieving information in memory are well-understood, routine and conventional functions.
The merchant communication terminal or server is also recited at a high level of generality by receiving data transmitted over a network.
Accordingly, these additional element do not integrate the abstract idea into a practical
application because these elements do not impose any meaningful limits on practicing the abstract idea.
As discussed above with respect to integration of the abstract idea into a practical
application, the additional elements amounts to generic computer components and no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is patent ineligible.
A similar analysis is applied to claims 10 and 16 which recites essentially the same
abstract idea as in claim 1.
Claim 10 includes the additional elements of a computer system comprising transceivers and/or sensors. However, these transceivers and/or sensors are recited at a high‐level of generality (i.e., as a generic components performing a generic computer functions) such that they amount to no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Claim 16 includes the additional element of non-transitory computer-readable medium storing thereon a set of instructions, also is recited at a high‐level of generality (i.e., storing and retrieving information in memory) such that it amounts to no more than mere instructions to apply the exception using a generic computer component. The claims are directed to an abstract idea.
Similarly, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of transceivers and/or sensors and non-transitory computer-readable medium storing thereon a set of instructions amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. When considering the claim as a whole, the claim is not patent eligible.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,045,794. Although the claims at issue are not identical, they are not patentably distinct from each other because both cases are concerned with selecting a financial account for making payments from a vehicle.
As per Claim 1, ‘794 discloses a computer-implemented method for using a vehicle as a payment device, the method executed by one or more processors programmed to perform the method, the method comprising:
receiving, by one or more processors in a vehicle executing a vehicle payment application, one or more sets of financial data each corresponding to a financial account for making payments;
generating, by the one or more processors executing the vehicle payment application, a virtual map display of a geographic area including indications of merchant locations;
receiving, by the one or more processors executing the vehicle payment application, a selection by the user of one of the one or more financial accounts for initiating a payment process, and
authenticating the user to ensure the user is authorized to use the selected financial account, wherein authenticating the user includes:
receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user; and
comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user; and
transmitting, by the one or more processors executing the vehicle payment application, a request to purchase fuel to a merchant communication terminal or server associated with a merchant location, the request including an indication of the selected financial account. (Claim 1)
Claim 1 of the instant application teaches a method for using a vehicle as a payment device wherein authenticating a user includes receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user; and comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user.
Claim 1 of the instant application fails to disclose detecting, by the one or more processors, a triggering event indicating that the vehicle is within a predetermined range for communicating with a merchant communication terminal by detecting at least one of: (i) that the vehicle is within Wi-Fi, Radio Frequency Identification (RFID), or Bluetooth communication range of the merchant communication terminal by receiving a Wi-Fi, RFID, or Bluetooth signal from the merchant communication terminal, (ii) that the vehicle is within a predetermined distance of the merchant communication terminal by comparing a current location of the vehicle to the selected merchant location, or (iii) that the vehicle is within the predetermined distance of the merchant communication terminal by capturing images, via a camera within the vehicle, of an area surrounding the vehicle, and identifying, using digital image analysis techniques, the merchant communication terminal within at least one of the images and a position of the merchant communication terminal relative to the vehicle.
Claim 1 of the issued patent recites a method for using a vehicle as a payment device, the method executed by one or more processors programmed to perform the method, the method comprising: receiving, by one or more processors executing a vehicle payment application in a vehicle head unit, one or more sets of financial data each corresponding to a financial account for making payments; generating, by the one or more processors executing the vehicle payment application, a virtual map display of a geographic area including indications of merchant locations that accept vehicle payments; receiving, by the one or more processors executing the vehicle payment application, a selection of one of the merchant locations.
It would have been obvious to one having skill in the art before the effective filing date, to modify the computer-implemented method recited in claim 1 of the instant application to include the ability to detecting, by the one or more processors, a triggering event indicating that the vehicle is within a predetermined range for communicating with a merchant communication terminal by detecting at least one of: (i) that the vehicle is within Wi-Fi, Radio Frequency Identification (RFID), or Bluetooth communication range of the merchant communication terminal by receiving a Wi-Fi, RFID, or Bluetooth signal from the merchant communication terminal, (ii) that the vehicle is within a predetermined distance of the merchant communication terminal by comparing a current location of the vehicle to the selected merchant location, or (iii) that the vehicle is within the predetermined distance of the merchant communication terminal by capturing images, via a camera within the vehicle, of an area surrounding the vehicle, and identifying, using digital image analysis techniques, the merchant communication terminal within at least one of the images and a position of the merchant communication terminal relative to the vehicle.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter with substantially similar claim language. A similar analysis is applied to claims 8 and 15.
As per Claim 2, ‘794 The computer-implemented method of claim 1, further comprising: for each of the one or more sets of financial data, obtaining, by the one or more processors executing the vehicle payment application, a token representing the set of financial data; and transmitting, by the one or more processors executing the vehicle payment application, the token corresponding to the selected financial account to the merchant communication terminal or server. (Claim 2)
As per Claim 3, ‘794 discloses the computer-implemented method of claim 1, wherein authenticating the user further includes: receiving, by the one or more processors executing the vehicle payment application, biometric information from the user; and comparing, by the one or more processors, the biometric information to stored biometric information for an authorized user. (Claim 3)
As per Claim 4, ‘794 discloses the computer-implemented method of claim 3, wherein the biometric information includes at least one of: a facial scan, a finger print scan, a retina scan, or a voice scan. (Claim 4)
As per Claim 5, ‘794 discloses the computer-implemented method of claim 1, wherein authenticating the user further includes: receiving, by the one or more processors executing the vehicle payment application, login information or mobile device identification information; and comparing, by the one or more processors, the login information or the mobile device identification information to a stored unique identifier for an authorized user. (Claim 5)
As per Claim 6, ‘794 discloses the computer-implemented method of claim 1, further comprising: detecting, by the one or more processors, a triggering event indicating that the vehicle is within a predetermined range for communicating with the merchant communication terminal; and transmitting, by the one or more processors, the request to purchase the fuel to the merchant communication terminal in response to detecting the triggering event. (Claim 1)
As per Claim 7, ‘794 discloses the computer-implemented method of claim 1, wherein detecting the triggering event includes at least one of:
detecting, by the one or more processors, that the vehicle is within Wi-Fi, Radio Frequency Identification (RFID), or Bluetooth communication range of the merchant communication terminal by receiving a Wi-Fi, RFID, or Bluetooth signal from the merchant communication terminal; detecting, by the one or more processors, that the vehicle is within a predetermined distance of the merchant communication terminal by comparing a current location of the vehicle to the selected merchant location; or detecting, by the one or more processors, that the vehicle is within a predetermined distance of the merchant communication terminal by capturing images, via a camera within the vehicle, of an area surrounding the vehicle, and identifying, using digital image analysis techniques, the merchant communication terminal within at least one of the images and a position of the merchant communication terminal relative to the vehicle. (Claim 1)
As per Claim 8, ‘794 discloses the computer-implemented method of claim 1, wherein the merchant communication terminal is a point of sale (POS) terminal at a fuel station. (Claim 6)
As per Claim 9, ‘794 discloses the computer-implemented method of claim 1, wherein transmitting the request to purchase fuel to the merchant communication terminal includes transmitting the request via a short-range communication link. (Claim 7)
As per Claim 10, ‘794 discloses a computer system configured to use a connected vehicle as an electronic payment device, the computer system comprising one or more processors, transceivers, and/or sensors configured to: receive, by a vehicle payment application, one or more sets of financial data each corresponding to a financial account for making payments; generate, by the vehicle payment application, a virtual map display of a geographic area including indications of merchant locations; receive, by the vehicle payment application, a selection by the user of one of the one or more financial accounts for initiating a payment process, and authenticating the user to ensure the user is authorized to use the selected financial account, wherein authenticating the user includes: receiving a personal identification number (PIN) from the user; and comparing the PIN to a stored PIN for an authorized user; and transmit, by the vehicle payment application, a request to purchase fuel to a merchant communication terminal or server associated with a merchant location, the request including an indication of the selected financial account. (Claim 8)
As per Claim 11, ‘794 discloses the computer system of claim 10, wherein the computer system is further configured to: for each of the one or more sets of financial data, obtain, by the vehicle payment application, a token representing the set of financial data; and transmit, by the vehicle payment application, the token corresponding to the selected financial account to the merchant communication terminal or server. (Claim 9)
As per Claim 12, ‘794 discloses the computer system of claim 10, wherein to authenticate the user, the computer system is further configured to: receive, by the vehicle payment application, biometric information from the user; and compare the biometric information to stored biometric information for an authorized user. (Claim 10)
As per Claim 13, ‘794 discloses the computer system of claim 13, wherein the biometric information includes at least one of: a facial scan, a finger print scan, a retina scan, or a voice scan. (Claim 11)
As per Claim 14, ‘794 discloses the computer system of claim 10, wherein to authenticate the user, the computer system is further configured to: receive, by the vehicle payment application, login information or mobile device identification information; and compare the login information or the mobile device identification information to a stored unique identifier for an authorized user. (Claim 12)
As per Claim 15, ‘794 discloses the computer system of claim 10, wherein the computer system is further configured to: detect a triggering event indicating that the vehicle is within a predetermined range for communicating with the merchant communication terminal; and transmit the request to purchase the fuel to the merchant communication terminal in response to detecting the triggering event. (Claim 1)
As per Claim 16, ‘794 discloses a non-transitory computer-readable medium storing thereon a set of instructions that, when executed on one or more processors, causes the one or more processors to: receive, by a vehicle payment application, one or more sets of financial data each corresponding to a financial account for making payments; generate, by the vehicle payment application, a virtual map display of a geographic area including indications of merchant locations; receive, by the vehicle payment application, a selection by the user of one of the one or more financial accounts for initiating a payment process, and authenticating the user to ensure the user is authorized to use the selected financial account, wherein authenticating the user includes: receiving a personal identification number (PIN) from the user; and comparing the PIN to a stored PIN for an authorized user; and transmit, by the vehicle payment application, a request to purchase fuel to a merchant communication terminal or server associated with a merchant location, the request including an indication of the selected financial account. (Claim 13)
As per Claim 17, ‘794 discloses the computer-readable medium of claim 16, wherein the one or more processors are further configured to: for each of the one or more sets of financial data, obtain, by the vehicle payment application, a token representing the set of financial data; and transmit, by the vehicle payment application, the token corresponding to the selected financial account to the merchant communication terminal or server. (Claim 14)
As per Claim 18, ‘794 discloses the computer-readable medium of claim 16, wherein to authenticate the user, the one or more processors are configured to: receive, by the vehicle payment application, biometric information from the user; and compare the biometric information to stored biometric information for an authorized user. (Claim 15)
As per Claim 19, ‘794 discloses the computer-readable medium of claim 18, wherein the biometric information includes at least one of: a facial scan, a finger print scan, a retina scan, or a voice scan. (Claim 16)
As per Claim 20, ‘794 discloses the computer system of claim 11, wherein to authenticate the user, the one or more processors are configured to: receive, by the vehicle payment application, login information or mobile device identification information; and compare the login information or the mobile device identification information to a stored unique identifier for an authorized user. (Claim 17)
Claims 1, 10 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and 15 of U.S. Patent No. 10, 949,827. Although the claims at issue are not identical, they are not patentably distinct from each other because both cases are concerned with selecting a financial account for making payments from a vehicle.
As per Claim 1, ‘827 discloses a computer-implemented method for using a vehicle as a payment device, the method executed by one or more processors programmed to perform the method, the method comprising:
receiving, by one or more processors in a vehicle executing a vehicle payment application, one or more sets of financial data each corresponding to a financial account for making payments;
generating, by the one or more processors executing the vehicle payment application, a virtual map display of a geographic area including indications of merchant locations;
receiving, by the one or more processors executing the vehicle payment application, a selection by the user of one of the one or more financial accounts for initiating a payment process, and
authenticating the user to ensure the user is authorized to use the selected financial account, wherein authenticating the user includes:
receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user; and
comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user; and
transmitting, by the one or more processors executing the vehicle payment application, a request to purchase fuel to a merchant communication terminal or server associated with a merchant location, the request including an indication of the selected financial account. (Claim 1)
Claim 1 of the instant application teaches a method for using a vehicle as a payment device wherein authenticating a user includes receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user; and comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user. Claim 1 of the instant application fails to disclose transmitting, by the one or more processors via a first short-range communication link, an indication of the selected financial account to an electronic device proximately attached to an exterior of the vehicle; and transmitting, by the electronic device proximately attached to the exterior of the vehicle via a second very short-range communication link, a token corresponding to the selected financial account to a point-of-sale (POS) terminal to purchase goods or services associated with the POS terminal from the vehicle using the selected financial account, wherein the second very short-range communication link includes near field communication (NFC) or high frequency radio frequency identification (HF RFID).
Claim 1 of the issued patent recites a computer-implemented method for using a vehicle as a payment device, the method executed by one or more processors in a head unit of a vehicle programmed to perform the method, the method comprising receiving, at the one or more processors in the head unit of the vehicle, one or more sets of financial data each corresponding to a financial account for making payments; in response to receiving an indication from a user within the vehicle that the user wants to initiate a payment process, authenticating, by the one or more processors, the user to ensure the user is authorized to use the one or more financial accounts for making payments by receiving and verifying authentication information from the user; upon authenticating the user, receiving, at the one or more processors, a selection by the user of one of the one or more financial accounts.
It would have been obvious to one having skill in the art before the effective filing date, to modify the computer-implemented method recited in claim 1 of the instant application to include the ability to transmitting, by the one or more processors via a first short-range communication link, an indication of the selected financial account to an electronic device proximately attached to an exterior of the vehicle; and transmitting, by the electronic device proximately attached to the exterior of the vehicle via a second very short-range communication link, a token corresponding to the selected financial account to a point-of-sale (POS) terminal to purchase goods or services associated with the POS terminal from the vehicle using the selected financial account, wherein the second very short-range communication link includes near field communication (NFC) or high frequency radio frequency identification (HF RFID) as taught by the issued patent to improve the system in order to provide a selected financial account to a merchant.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter with substantially similar claim language. A similar analysis is applied to claims 8 and 15.
Claims 1, 10 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and 15 of U.S. Patent No. 10, 504,094. Although the claims at issue are not identical, they are not patentably distinct from each other because both cases are concerned with selecting a financial account for making payments from a vehicle.
As per Claim 1, ‘094 discloses a computer-implemented method for using a vehicle as a payment device, the method executed by one or more processors programmed to perform the method, the method comprising:
receiving, by one or more processors in a vehicle executing a vehicle payment application, one or more sets of financial data each corresponding to a financial account for making payments;
generating, by the one or more processors executing the vehicle payment application, a virtual map display of a geographic area including indications of merchant locations;
receiving, by the one or more processors executing the vehicle payment application, a selection by the user of one of the one or more financial accounts for initiating a payment process, and
authenticating the user to ensure the user is authorized to use the selected financial account, wherein authenticating the user includes:
receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user; and
comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user; and
transmitting, by the one or more processors executing the vehicle payment application, a request to purchase fuel to a merchant communication terminal or server associated with a merchant location, the request including an indication of the selected financial account. (Claim 1)
Claim 1 of the instant application teaches a method for using a vehicle as a payment device wherein authenticating a user includes receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user; and comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user. Claim 1 of the instant application fails to disclose transmitting, by the one or more processors via a first short-range communication link, an indication of the selected financial account to an electronic device proximately attached to an exterior of the vehicle; and transmitting, by the electronic device proximately attached to the exterior of the vehicle via a second very short-range communication link, a token corresponding to the selected financial account to a point-of-sale (POS) terminal to purchase goods or services associated with the POS terminal from the vehicle using the selected financial account, wherein the second very short-range communication link includes near field communication (NFC) or high frequency radio frequency identification (HF RFID).
Claim 1 of the issued patent recites a computer-implemented method for using a vehicle as a payment device, the method executed by one or more processors in a head unit of a vehicle programmed to perform the method, the method comprising receiving, at the one or more processors in the head unit of the vehicle, one or more sets of financial data each corresponding to a financial account for making payments; in response to receiving an indication from a user within the vehicle that the user wants to initiate a payment process, authenticating, by the one or more processors, the user to ensure the user is authorized to use the one or more financial accounts for making payments by receiving and verifying authentication information from the user; upon authenticating the user, receiving, at the one or more processors, a selection by the user of one of the one or more financial accounts.
It would have been obvious to one having skill in the art before the effective filing date, to modify the computer-implemented method recited in claim 1 of the instant application to include the ability to transmitting, by the one or more processors via a first short-range communication link, an indication of the selected financial account to an electronic device proximately attached to an exterior of the vehicle; and transmitting, by the electronic device proximately attached to the exterior of the vehicle via a second very short-range communication link, a token corresponding to the selected financial account to a point-of-sale (POS) terminal to purchase goods or services associated with the POS terminal from the vehicle using the selected financial account, wherein the second very short-range communication link includes near field communication (NFC) or high frequency radio frequency identification (HF RFID) as taught by the issued patent to improve the system in order to provide a selected financial account to a merchant.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter with substantially similar claim language. A similar analysis is applied to claims 8 and 15.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 1-6 and 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over Driscoll et al. U.S. Patent Application Publication 2016/035001 in view of Frieden et al., U.S. Patent Application Publication 2013/0232019.
As per Claim 1, Driscoll et al. computer-implemented method for using a vehicle as a payment device, the method executed by one or more processors programmed to perform the method, the method comprising:
receiving, by one or more processors in a vehicle executing a vehicle payment application, one or more sets of financial data each corresponding to a financial account for making payments (pg.1, ¶ [0013] discusses The onboard application is on a user device, which may comprise an in-vehicle system… The onboard application may be an application of a payment service provider, such as PAYPAL®, or an application of a third-party service provider that is compatible with the services of the payment service provider);
generating, by the one or more processors executing the vehicle payment application, a virtual map display of a geographic area including indications of merchant locations (pg.1, ¶ [0015] discusses The onboard application integrated with the GPS/navigation system may display fuel providers that accept payments through a payment service provider with a symbol or an icon for the payment service provider…pg.3, ¶ [0026] discusses The PAYPAL® onboard application integrates with the GPS/navigation system to display gas stations that accept payment through PAYPAL® and display those gas stations with a PAYPAL® symbol or icon on the map);
receiving, by the one or more processors executing the vehicle payment application, a selection by the user of one of the one or more financial accounts for initiating a payment process (pg.4, ¶ [0039] discusses Payment provider application 120 may be used, for example, to provide a convenient interface to permit user 102 to select payment options and provide payment for fuel and other items and/or services), and
authenticating the user to ensure the user is authorized to use the selected financial account (pg.4. ¶ [0033] discusses the check-in may provide and/or verify the identity of user 102, including transmission of an identifier for user 102 and/or user device 110…pg.5, ¶ [0042] discusses Payment provider application 120 may include cross-linking, allowing user 102 to identify a user account through an identifier for a separate user account, e.g., identifying a user account through a debit card account number and vice versa),
transmitting, by the one or more processors executing the vehicle payment application, a request to purchase fuel to a merchant communication terminal or server associated with a merchant location, the request including an indication of the selected financial account (pg.5, ¶ [0040] discusses user 102 may generate a payment request for the purchase order to the fuel provider. The payment request may instruct payment provider server 160 to provide payment for the purchase order to the fuel provider),
the request including an indication of the selected financial account (pg.5, ¶ [0041] discusses the payment request may correspond to a token including the selected payment instrument for user 102).
Driscoll et al. teaches a system and method capable of allowing the user to check-in by entering login information on the Graphic User Interface (GUI) of the vehicle. The login may be an account ID, email, phone number, etc. pg.1, ¶ [0014]
However, Driscoll et al. fails to disclose wherein authenticating the user includes:
receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user; and
comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user.
Frieden et al. teaches wherein authenticating the user includes:
receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user (pg.4, ¶ [0029] discusses the use of the display screen/key pad 14 to enable the operator or a passenger from the vehicle to enter a PIN corresponding to the account code); and
comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user (pg.4, ¶ [0029] discusses after receiving a PIN entered at the display screen/key pad 14, the fuel station server 13 may again query the web-based server 22 via the Internet 21 to verify the PIN entered at the display screen/key pad 14. After receiving the PIN provided from the web-based server 22, the fuel station server 13 compares the PIN entered at the display screen/key pad 14 with the verifying PIN provided by the web-based server 22 and, if the PIN received from the display screen/key pad 14 matches the PIN provided by the web-based server 22, the fuel station server 13 will enable the fuel purchase transaction by sending a signal activating the fuel dispensing pump 15A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have a personal identification number entered and compared with a stored personal identification as in the improvement discussed in Frieden in the system executing the method of Driscoll et al. As in Frieden et al., it is within the capabilities of one of ordinary skill in the art to compare an entered personal identification number with a stored identification number to the vehicle check-in with the predicted result of verifying and authenticating a user to a financial account as needed in Driscoll et al.
As per Claim 2, Driscoll et al. the computer-implemented method of claim 1, further comprising:
for each of the one or more sets of financial data, obtaining, by the one or more processors executing the vehicle payment application, a token representing the set of financial data (pg.5, ¶ [0041] discusses The payment request may correspond to a token including the selected payment instrument for user 102); and
transmitting, by the one or more processors executing the vehicle payment application, the token corresponding to the selected financial account to the merchant communication terminal or server (pg.5, ¶ [0041] payment provider application 120 may transmit the payment request as a token with a payment instrument and identifier for user 102 to the fuel provider device 140 for completion by the fuel provider).
As per Claim 3, Driscoll et al. the computer-implemented method of claim 1, wherein authenticating the user includes:
receiving, by the one or more processors executing the vehicle payment application, biometric information from the user (pg.9, ¶ [0075] discusses user 102 may check-in with biometrics of user 102 that is measured by one or more biometric sensors of vehicle 202, such as a fingerprint reader, voice recognition, retinal scan, etc.); and
comparing, by the one or more processors, the biometric information to stored biometric information for an authorized user (pg.1, ¶ [0014] discusses a user may check in to a vehicle using one or more methods of vehicle check-in…pg.9, ¶ [0075] discusses user 102 may check-in by entering login information on the GUI of vehicle 202 or by speaking the login information to an audio input of vehicle 202).
As per Claim 4, Driscoll et al. the computer-implemented method of claim 3, wherein the biometric information includes at least one of:
a facial scan, a finger print scan, a retina scan, or a voice scan (pg.9, ¶ [0075] discusses one or more biometric sensors of vehicle 202, such as a fingerprint reader, voice recognition, retinal scan, etc.).
As per Claim 5, Driscoll et al. the computer-implemented method of claim 1, wherein authenticating the user includes:
receiving, by the one or more processors executing the vehicle payment application, login information or mobile device identification information (pg.1, ¶ [0014] discusses a user may check in to a vehicle using one or more methods of vehicle check-in…pg.9, ¶ [0075] discusses user 102 may check-in by entering login information on the GUI of vehicle 202 or by speaking the login information to an audio input of vehicle 202); and
comparing, by the one or more processors, the login information or the mobile device identification information to a stored unique identifier for an authorized user (pg.5, ¶ [0048] discusses Identifiers in database 116 may be used by a payment/credit provider, such as payment provider server 160, to associate user device 110 with a particular account maintained by the payment/credit provider).
As per Claim 6, Driscoll et al. the computer-implemented method of claim 1, further comprising:
detecting, by the one or more processors, a triggering event indicating that the vehicle is within a predetermined range for communicating with the merchant communication terminal (pg.2, ¶ [0020] discusses the user's vehicle or device may be set up to passively monitor for BLE, LTE Direct, or other communications. When the device detects the signal and verifies the one or more identifiers, both the device and the beacon may ramp up in power and establish a connection, where the connection may further enable the device to communicate with the payment provider or fuel provider); and
transmitting, by the one or more processors, the request to purchase the fuel to the merchant communication terminal in response to detecting the triggering event (pg.2, ¶ [0022] discusses The user and/or vehicle may be assigned a number when the device transmits check-in information to a wireless beacon at the fuel provider location. The number may be associated with a purchase order that the user generates with the fuel provider).
As per Claim 8, Driscoll et al. the computer-implemented method of claim 6.
Driscoll further teaches the user check-in is based on a connection to a device at fuel provider location 204, such as fuel provider device 140 or beacons 130 at fuel provider location 204. pg.12, ¶ [0105]
However, Driscoll et al. fails to explicitly state wherein the merchant communication terminal is a point of sale (POS) terminal at a fuel station.
Frieden teaches wherein the merchant communication terminal is a point of sale (POS) terminal at a fuel station (pg.3, ¶ [0023] discusses the fuel station server, and the point of sale system in the frontcourt of the fuel station and connected through a fuel station network to the server, is connected to the Internet through either a wireless connection ).
Therefore it would have been obvious to one of ordinary skill in the art of processing vehicle payments before the effective filing date of the claimed invention to modify the system of Driscoll et al., to include the ability to specifically connect with fuel station server and point of sale system as taught by Frieden to provide a vehicle telematics system or a smartphone, is used to facilitate a fuel purchase transaction providing a multi-stage authorization process. Abstract
As per Claim 9, Driscoll et al. the computer-implemented method of claim 1, wherein transmitting the request to purchase fuel to the merchant communication terminal includes transmitting the request via a short-range communication link (pg.2, ¶ [0019] discusses Fuel providers may provide short range wireless communications with a user device (e.g., an in-vehicle system and/or a mobile device), such as through Bluetooth Low Energy (BLE) beacon communications. These beacons may be set up at a fuel provider location or at each fuel pump, and communicate with user devices. The beacons may provide additional functionality, such as establishing a connection with a server entity to complete transactions, including payment services).
As per Claim 10, Driscoll et al. a computer system configured to use a connected vehicle as an electronic payment device, the computer system comprising one or more processors, transceivers, and/or sensors configured to:
receive, by a vehicle payment application, one or more sets of financial data each corresponding to a financial account for making payments (pg.1, ¶ [0013] discusses The onboard application is on a user device, which may comprise an in-vehicle system… The onboard application may be an application of a payment service provider, such as PAYPAL®, or an application of a third-party service provider that is compatible with the services of the payment service provider);
generate, by the vehicle payment application, a virtual map display of a geographic area including indications of merchant locations that accept vehicle payments (pg.1, ¶ [0015] discusses The onboard application integrated with the GPS/navigation system may display fuel providers that accept payments through a payment service provider with a symbol or an icon for the payment service provider…pg.3, ¶ [0026] discusses The PAYPAL® onboard application integrates with the GPS/navigation system to display gas stations that accept payment through PAYPAL® and display those gas stations with a PAYPAL® symbol or icon on the map);
receive, by the vehicle payment application, a selection by the user of the one or more financial accounts for initiating a payment process (pg.4, ¶ [0039] discusses Payment provider application 120 may be used, for example, to provide a convenient interface to permit user 102 to select payment options and provide payment for fuel and other items and/or services), and
authenticating the user to ensure the user is authorized to use the selected financial account (pg.4. ¶ [0033] discusses the check-in may provide and/or verify the identity of user 102, including transmission of an identifier for user 102 and/or user device 110…pg.5, ¶ [0042] discusses Payment provider application 120 may include cross-linking, allowing user 102 to identify a user account through an identifier for a separate user account, e.g., identifying a user account through a debit card account number and vice versa),
and
transmit, by the vehicle payment application, a request to purchase fuel to a merchant communication terminal or server associated with the selected merchant location (pg.5, ¶ [0040] discusses user 102 may generate a payment request for the purchase order to the fuel provider. The payment request may instruct payment provider server 160 to provide payment for the purchase order to the fuel provider),
the request including an indication of the selected financial account (pg.5, ¶ [0041] discusses the payment request may correspond to a token including the selected payment instrument for user 102).
Driscoll et al. teaches a system and method capable of allowing the user to check-in by entering login information on the Graphic User Interface (GUI) of the vehicle. The login may be an account ID, email, phone number, etc. pg.1, ¶ [0014]
However, Driscoll et al. fails to disclose wherein authenticating the user includes:
receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user; and
comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user.
Frieden et al. teaches wherein authenticating the user includes:
receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user (pg.4, ¶ [0029] discusses the use of the display screen/key pad 14 to enable the operator or a passenger from the vehicle to enter a PIN corresponding to the account code); and
comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user (pg.4, ¶ [0029] discusses after receiving a PIN entered at the display screen/key pad 14, the fuel station server 13 may again query the web-based server 22 via the Internet 21 to verify the PIN entered at the display screen/key pad 14. After receiving the PIN provided from the web-based server 22, the fuel station server 13 compares the PIN entered at the display screen/key pad 14 with the verifying PIN provided by the web-based server 22 and, if the PIN received from the display screen/key pad 14 matches the PIN provided by the web-based server 22, the fuel station server 13 will enable the fuel purchase transaction by sending a signal activating the fuel dispensing pump 15A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have a personal identification number entered and compared with a stored personal identification as in the improvement discussed in Frieden in the system executing the method of Driscoll et al. As in Frieden et al., it is within the capabilities of one of ordinary skill in the art to compare an entered personal identification number with a stored identification number to the vehicle check-in with the predicted result of verifying and authenticating a user to a financial account as needed in Driscoll et al.
As per Claim 11, Driscoll et al., discloses the computer system of claim 10, wherein the computer system is further configured to:
for each of the one or more sets of financial data, obtain, by the vehicle payment application, a token representing the set of financial data (pg.5, ¶ [0041] discusses The payment request may correspond to a token including the selected payment instrument for user 102); and
transmit, by the vehicle payment application, the token corresponding to the selected financial account to the merchant communication terminal or server (pg.5, ¶ [0041] payment provider application 120 may transmit the payment request as a token with a payment instrument and identifier for user 102 to the fuel provider device 140 for completion by the fuel provider).
As per Claim 12, Driscoll et al., discloses the computer system of claim 10, wherein to authenticate the user, the computer system is configured to:
receive, by the vehicle payment application, biometric information from the user (pg.9, ¶ [0075] discusses user 102 may check-in with biometrics of user 102 that is measured by one or more biometric sensors of vehicle 202, such as a fingerprint reader, voice recognition, retinal scan, etc.); and
compare the biometric information to stored biometric information for an authorized user (pg.1, ¶ [0014] discusses The user may check-in using biometrics, such as the user's fingerprint or voice, through a preconfigured1 biometric sensor integrated with the vehicle).
As per Claim 13, Driscoll et al., discloses the computer system of claim 13, wherein the biometric information includes at least one of:
a facial scan, a finger print scan, a retina scan, or a voice scan (pg.9, ¶ [0075] discusses one or more biometric sensors of vehicle 202, such as a fingerprint reader, voice recognition, retinal scan, etc.).
As per Claim 14, Driscoll et al. discloses the computer system of claim 10, wherein to authenticate the user, the computer system is configured to:
receive, by the vehicle payment application, login information or mobile device identification information (pg.1, ¶ [0014] discusses a user may check in to a vehicle using one or more methods of vehicle check-in…pg.9, ¶ [0075] discusses user 102 may check-in by entering login information on the GUI of vehicle 202 or by speaking the login information to an audio input of vehicle 202); and
compare the login information or the mobile device identification information to a stored unique identifier for an authorized user (pg.5, ¶ [0048] discusses Identifiers in database 116 may be used by a payment/credit provider, such as payment provider server 160, to associate user device 110 with a particular account maintained by the payment/credit provider).
As per Claim 15, Driscoll et al. discloses the computer system of claim 10, wherein the computer system is further configured to:
detect a triggering event indicating that the vehicle is within a predetermined range for communicating with the merchant communication terminal (pg.2, ¶ [0020] discusses the user's vehicle or device may be set up to passively monitor for BLE, LTE Direct, or other communications. When the device detects the signal and verifies the one or more identifiers, both the device and the beacon may ramp up in power and establish a connection, where the connection may further enable the device to communicate with the payment provider or fuel provider); and
transmit the request to purchase the fuel to the merchant communication terminal in response to detecting the triggering event (pg.2, ¶ [0022] discusses The user and/or vehicle may be assigned a number when the device transmits check-in information to a wireless beacon at the fuel provider location. The number may be associated with a purchase order that the user generates with the fuel provider).
As per Claim 16, Driscoll et al. discloses a non-transitory computer-readable medium storing thereon a set of instructions that, when executed on one or more processors, causes the one or more processors to:
receive, by a vehicle payment application, one or more sets of financial data each corresponding to a financial account for making payments (pg.1, ¶ [0013] discusses The onboard application is on a user device, which may comprise an in-vehicle system… The onboard application may be an application of a payment service provider, such as PAYPAL®, or an application of a third-party service provider that is compatible with the services of the payment service provider);
generate, by the vehicle payment application, a virtual map display of a geographic area including indications of merchant locations that accept vehicle payments (pg.1, ¶ [0015] discusses The onboard application integrated with the GPS/navigation system may display fuel providers that accept payments through a payment service provider with a symbol or an icon for the payment service provider…pg.3, ¶ [0026] discusses The PAYPAL® onboard application integrates with the GPS/navigation system to display gas stations that accept payment through PAYPAL® and display those gas stations with a PAYPAL® symbol or icon on the map);
receive, by the vehicle payment application, a selection by the user of one of the one or more financial accounts for initiating a payment process at the selected merchant location (pg.4, ¶ [0039] discusses Payment provider application 120 may be used, for example, to provide a convenient interface to permit user 102 to select payment options and provide payment for fuel and other items and/or services), and
authenticating the user to ensure the user is authorized to use the selected financial account (pg.4. ¶ [0033] discusses the check-in may provide and/or verify the identity of user 102, including transmission of an identifier for user 102 and/or user device 110…pg.5, ¶ [0042] discusses Payment provider application 120 may include cross-linking, allowing user 102 to identify a user account through an identifier for a separate user account, e.g., identifying a user account through a debit card account number and vice versa),
transmit, by the vehicle payment application, a request to purchase fuel to a merchant communication terminal or server associated with the selected merchant location (pg.5, ¶ [0040] discusses user 102 may generate a payment request for the purchase order to the fuel provider. The payment request may instruct payment provider server 160 to provide payment for the purchase order to the fuel provider),
the request including an indication of the selected financial account (pg.5, ¶ [0041] discusses the payment request may correspond to a token including the selected payment instrument for user 102).
Driscoll et al. teaches a system and method capable of allowing the user to check-in by entering login information on the Graphic User Interface (GUI) of the vehicle. The login may be an account ID, email, phone number, etc. pg.1, ¶ [0014]
However, Driscoll et al. fails to disclose wherein authenticating the user includes:
receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user; and
comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user.
Frieden et al. teaches wherein authenticating the user includes:
receiving, by the one or more processors executing the vehicle payment application, a personal identification number (PIN) from the user (pg.4, ¶ [0029] discusses the use of the display screen/key pad 14 to enable the operator or a passenger from the vehicle to enter a PIN corresponding to the account code); and
comparing, by the one or more processors executing the vehicle payment application, the PIN to a stored PIN for an authorized user (pg.4, ¶ [0029] discusses after receiving a PIN entered at the display screen/key pad 14, the fuel station server 13 may again query the web-based server 22 via the Internet 21 to verify the PIN entered at the display screen/key pad 14. After receiving the PIN provided from the web-based server 22, the fuel station server 13 compares the PIN entered at the display screen/key pad 14 with the verifying PIN provided by the web-based server 22 and, if the PIN received from the display screen/key pad 14 matches the PIN provided by the web-based server 22, the fuel station server 13 will enable the fuel purchase transaction by sending a signal activating the fuel dispensing pump 15A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have a personal identification number entered and compared with a stored personal identification as in the improvement discussed in Frieden in the system executing the method of Driscoll et al. As in Frieden et al., it is within the capabilities of one of ordinary skill in the art to compare an entered personal identification number with a stored identification number to the vehicle check-in with the predicted result of verifying and authenticating a user to a financial account as needed in Driscoll et al.
As per Claim 17, Driscoll et al. discloses the computer-readable medium of claim 16, wherein the one or more processors are further configured to:
for each of the one or more sets of financial data, obtain, by the vehicle payment application, a token representing the set of financial data (pg.5, ¶ [0041] discusses The payment request may correspond to a token including the selected payment instrument for user 102); and
transmit, by the vehicle payment application, the token corresponding to the selected financial account to the merchant communication terminal or server (pg.5, ¶ [0041] payment provider application 120 may transmit the payment request as a token with a payment instrument and identifier for user 102 to the fuel provider device 140 for completion by the fuel provider).
As per Claim 18, Driscoll et al. discloses the computer-readable medium of claim 16, wherein to authenticate the user, the one or more processors are configured to:
receive, by the vehicle payment application, biometric information from the user (pg.9, ¶ [0075] discusses user 102 may check-in with biometrics of user 102 that is measured by one or more biometric sensors of vehicle 202, such as a fingerprint reader, voice recognition, retinal scan, etc.); and
compare the biometric information to stored biometric information for an authorized user (pg.1, ¶ [0014] discusses The user may check-in using biometrics, such as the user's fingerprint or voice, through a preconfigured2 biometric sensor integrated with the vehicle).
As per Claim 19, Driscoll et al., the computer-readable medium of claim 18, wherein the biometric information includes at least one of:
a facial scan, a finger print scan, a retina scan, or a voice scan (pg.9, ¶ [0075] discusses one or more biometric sensors of vehicle 202, such as a fingerprint reader, voice recognition, retinal scan, etc.).
As per Claim 20, Driscoll et al discloses the computer system of claim 11, wherein to authenticate the user, the one or more processors are configured to:
receive, by the vehicle payment application, login information or mobile device identification information (pg.1, ¶ [0014] discusses a user may check in to a vehicle using one or more methods of vehicle check-in…pg.9, ¶ [0075] discusses user 102 may check-in by entering login information on the GUI of vehicle 202 or by speaking the login information to an audio input of vehicle 202); and
compare the login information or the mobile device identification information to a stored unique identifier for an authorized user (pg.5, ¶ [0048] discusses Identifiers in database 116 may be used by a payment/credit provider, such as payment provider server 160, to associate user device 110 with a particular account maintained by the payment/credit provider).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Driscoll et al. U.S. Patent Application Publication 2016/035001 in view of Frieden et al., U.S. Patent Application Publication 2013/0232019 further in view of Granger U.S. Patent Application Publication 2002/000736.
As per Claim 7, Driscoll and Frieden et al. teaches the computer-implemented method of claim 1. However, the Driscoll and Frieden et al., combination fails to disclose wherein detecting the triggering event includes at least one of:
detecting, by the one or more processors, that the vehicle is within Wi-Fi, Radio Frequency Identification (RFID), or Bluetooth communication range of the merchant communication terminal by receiving a Wi-Fi, RFID, or Bluetooth signal from the merchant communication terminal; detecting, by the one or more processors, that the vehicle is within a predetermined distance of the merchant communication terminal by comparing a current location of the vehicle to the selected merchant location; or
detecting, by the one or more processors, that the vehicle is within a predetermined distance of the merchant communication terminal by capturing images, via a camera within the vehicle, of an area surrounding the vehicle, and identifying, using digital image analysis techniques, the merchant communication terminal within at least one of the images and a position of the merchant communication terminal relative to the vehicle.
Granger et al. teaches wherein detecting the triggering event includes at least one of:
detecting, by the one or more processors, that the vehicle is within Wi-Fi, Radio Frequency Identification (RFID), or Bluetooth communication range of the merchant communication terminal by receiving a Wi-Fi, RFID, or Bluetooth signal from the merchant communication terminal (pg.6, ¶ [0068] discusses the in-vehicle system uses an RF receiver, and is shown in FIGS. 8-10. In this embodiment host system 80 is installed in the store 2 and includes an RF transmitter. Host system 80 transmits a signal having a limited range 81 (shown with dashed lines), i.e., proximate to store 2. Such a range could be the same range used in the above-described GPS or Loran system);
detecting, by the one or more processors, that the vehicle is within a predetermined distance of the merchant communication terminal by comparing a current location of the vehicle to the selected merchant location (pg.3, ¶ [0040] discusses When vehicle 1 enters zone 3, system 10 displays sale, advertising, discount or coupon information ("promotions information") of the stores or stores corresponding with zone 3. Proximity zone 3 may be defined by a radial range centered on store 2, such as 100 m, or could be a defined area such as a parking lot or area bounded by nearby streets. Thus, when the vehicle enters the parking lot of a retail store, any available information relating to that store would be available for display and/or printing by the occupant or occupants of the vehicle. The proximity of other stores could also be factored into the size and shape of zone 3); or
detecting, by the one or more processors, that the vehicle is within a predetermined distance of the merchant communication terminal by capturing images, via a camera within the vehicle, of an area surrounding the vehicle, and identifying, using digital image analysis techniques, the merchant communication terminal within at least one of the images and a position of the merchant communication terminal relative to the vehicle3.
The cited portion of Granger teaches a system and method capable of detecting when a vehicle is within a predetermined distance from a merchant.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the ability to detect when a vehicle is within RF range from a merchant as in the improvement discussed in Granger et al. in the system executing the method of the Driscoll-Friedan combination. As in Granger, it is within the capabilities of one of ordinary skill in the art detect when vehicles are within range of a merchant to the Driscoll-Frieden combination with the predicted result of detecting vehicles within proximity as needed in Driscoll Frieden combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Blumer et al., U.S. Patent Application Publication 2009/0024525 discusses methods and systems related to electronic purchase transactions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHFORD S HAYLES whose telephone number is (571)270-5106. The examiner can normally be reached M-F 6AM-4PM with Flex.
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/ASHFORD S HAYLES/ Primary Examiner, Art Unit 3627
1 Examiner is construing the preconfigured biometric sensor as a sensor that needs to be configured to identify the user’s biometric in order to determine the correct user biometric.
2 Examiner is construing the preconfigured biometric sensor as a sensor that needs to be configured to identify the user’s biometric in order to determine the correct user biometric.
3 The Examiner notes, the italicized portions of the above claim is used to denote intended use and are given little patentable weight. The subject matter of a properly construed claim is defined by the terms that limit its scope. It is this subject matter that must be examined. As a general matter, the grammar and intended meaning of terms used in a claim will dictate whether the language limits the claim scope. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation.