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 .
Status of Claims
This action is in reply to the amended claims filed on 09/17/2025.
Claims 8 – 15 are cancelled.
Claims 1, 2, 16, 17, 22 and 23 are currently amended.
Claim 29 is new.
Claims 1-7, and 16-29 are currently pending and have been examined.
Response to Arguments
Applicant's arguments filed 09/17/2025 have been fully considered but they are not persuasive.
35 U.S.C. § 101
Applicant argues the claims are drawn to a technical solution to a technical problem of dynamically configuring the NFC controller based on whether a third-party or first-party wallet has been designated as the default wallet.
Examiner respectfully disagrees the claims include a transaction and the selection of the wallet that will conduct the transaction. This represents fundamental economic practice and therefore is abstract.
Applicant argues under prong 2 that “These features integrate the determination into a practical application by (i) automatically foregrounding the correct wallet application on the device user interface, and (ii) configuring NFC hardware to receive credentials from the correct wallet. Prior-art approaches relied on static routing or user selection, often resulting in conflicts and unreliable NFC transactions.”
Examiner respectfully disagrees, the claims discuss selecting the default wallet (a pre selected wallet), not a selection of a correct wallet for a transaction. The configurates of NFC hardware to receive credentials form the correct wallet is claimed as simply configuring the NFC controller without any details as to how this is done. Currently the claims are mere instructions to apply the abstract idea of using generic computer components.
Therefore, applicant’s prong 2 arguments are not persuasive.
Regarding applicant’s step 2B arguments applicant argues the claims are similar to Enfish as the claims enhance reliability and security of NFC transaction.
Examiner respectfully disagrees, the enhanced reliability and security are not claimed. The additional elements represent mere instruction to apply the expectation to a computer environment.
For at least the reasons stated above applicant’s arguments regarding 35 U.S.C. § 101 are not persuasive.
35 U.S.C.§ 103
Applicant argues first that the Zhang reference teaches when receiving the NFC field strength message, the electronic device activates the default application and not a determination of whether the default application is the first- or third-party application. Applicant has amended the claim to further clarify the distinction.
Examiner asserts that the Dao reference has been added to address the claim amendments.
For at least the reasons stated above applicant’s arguments are not persuasive.
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 1-7, and 16-29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
In the instant case, claims 1, 16 and 22 are directed to a method, system, and non-transitory computer-readable recording medium.
For the purposes of this analysis, representative claim 1 is addressed. Abstract ideas are in bold below, and represents a “conducting a transaction” which is a grouped under “Certain methods of organizing human activity — fundamental economic practices” in prong one of step 2A (MPEP 2106.04(a)).
receiving, by an operating system process of an electronic device, a request to access a default digital wallet of the electronic device;
determining, by the operating system process, whether a first-party digital wallet or a third-party digital wallet is configured as the default digital wallet for the electronic device; and
responsive to receiving the request to access the default digital wallet and to determining that the third-party digital wallet has been is configured as the default digital wallet for the electronic device:
foregrounding the third-party digital wallet on a user interface of the electronic device; and
configuring, by the operating system process, an NFC a near-field communication (NFC)controller of the electronic device to receive a credential from the third-party digital wallet, rather than the first-party digital wallet, for conducting a transaction.
The additional elements of claim 1 such as “… an operating system process of an electronic device…”, “…digital …”, “…electronic device”, “…by the operating system process, an NFC a near-field communication (NFC)controller of the electronic device …” represent the use of a computer as a tool to perform an abstract idea and/or does no more than generally link the abstract idea to a particular field of use. Therefore, the additional elements do not integrate the abstract idea into a practical application as they do no more than represent a computer performing functions that correspond to (i.e., automate) the acts of banknote suspension and reinstatement.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration into a practical application, the additional elements amount to no more than mere instructions to apply the abstract idea of using generic computer components. The claim elements when considered separately and in an ordered combination, do not add significantly more than implementing the abstract idea of conducting a transaction
Hence, claims 1, 16 and 22 are not patent eligible.
Claims 2, 17 and 23 recites “responsive to determining that a first-party … wallet has been configured as the default … wallet of the electronic device: foregrounding the first-party …wallet on the user …of the …; and configuring, …, the NFC controller of the … to receive another credential from a secure element of the … for conducting the transaction.” However, this does no more than describe the abstract idea. The additional elements of “…electronic device…”, “…digital …”, “…interface …” does no more than use a computer as a tool to perform an abstract idea and do no more than generally link the abstract idea to a particular field of use. Therefore, as it is no more than apply it does not improve the functioning of a computer, or improve other technology or technical field.
Claims 3, 18, and 24 recites “wherein the credential is stored locally on the … in association with the third-party …wallet.” However, this does no more than describe the abstract idea. The additional elements of “…electronic device…”, “…digital …”, does no more than use a computer as a tool to perform an abstract idea and do no more than generally link the abstract idea to a particular field of use. Therefore, as it is no more than apply it does not improve the functioning of a computer, or improve other technology or technical field.
Claims 4, 19, and 25 recites “wherein the credential is stored at a … and accessed from the … for conducting the transaction.” However, this does no more than describe the abstract idea. The additional elements of “…remote server …”, does no more than use a computer as a tool to perform an abstract idea and do no more than generally link the abstract idea to a particular field of use. Therefore, as it is no more than apply it does not improve the functioning of a computer, or improve other technology or technical field.
Claims 5, 20, and 26 recites “, wherein the received request corresponds to user input” However, this does no more than describe the abstract idea
Claims 6, 21, and 27 recites “wherein the received request corresponds to detection of an NFC …proximate to the ….” However, this does no more than describe the abstract idea. The additional elements of “…terminal…”, “…electronic device…”, does no more than use a computer as a tool to perform an abstract idea and do no more than generally link the abstract idea to a particular field of use. Therefore, as it is no more than apply it does not improve the functioning of a computer, or improve other technology or technical field.
Claims 7, and 28 recites “wherein foregrounding the third-party … wallet on the user …of the .. comprises backgrounding an application foregrounded on the user …of the ….” However, this does no more than describe the abstract idea. The additional elements of “…interface…”, “…digital…” “…electronic device…”, does no more than use a computer as a tool to perform an abstract idea and do no more than generally link the abstract idea to a particular field of use. Therefore, as it is no more than apply it does not improve the functioning of a computer, or improve other technology or technical field.
Claim 29 recites the additional elements of “wherein the determination causes selection of one or more configuration settings for the NFC controller that are based at least in part on whether the default digital wallet is the first-party digital wallet or the third-party digital wallet, the one or more configuration settings differing between the first-party digital wallet and the third-party digital wallet, and wherein the configuring of the NFC controller is further based at least in part on the one or more configuration settings.”, does no more than use a computer as a tool to perform an abstract idea and do no more than generally link the abstract idea to a particular field of use. Therefore, as it is no more than apply it does not improve the functioning of a computer, or improve other technology or technical field.
The claims as a whole do not amount to significantly more than the abstract idea itself. This is because the claims do not affect an improvement to another technology or technical field, the claims do not amount to an improvement to the functioning of a computer system itself, and the claims do not move beyond a general link of the use of an abstract idea to a particular technological environment.
Accordingly, there are no meaningful limitations in the claims that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself.
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.
Claims 1-3, 4-7, 16-18, 20-24, and 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2022/0343317 A1) in view of Bedier et al. (US 2022/0193405 A1) and further in view of Dao (US 2020/0193431 A1)
Regarding claims 1, 16 and 22
Zhang teaches:
receiving, by an operating system process of an electronic device, a request to access a default digital wallet of the electronic device; [0120] For example, after sensing NFC field strength sensing strength, the NFCC 222 may communicate with an OS 2212 on a DH side by using an NCI protocol, to notify the OS 2212 of an NFC field strength event.
responsive to receiving the request to access the default digital wallet and to determining that the … digital wallet is configured as the default digital wallet for the electronic device: foregrounding the … digital wallet on a user interface of the electronic device; and [0123] S303. The AP 221 controls a display to be turned on, or controls the application 2211 to be popped up in interface foreground. When the application 2211 is installed, the application 2211 is registered, and listens to the NFC field strength system broadcast message. After the NFC field strength system broadcast message sent by the OS 2212 is received, the AP 221 may control the display to be turned on, or may start the application 2211 for running in interface foreground after the display is turned on.
However, Zhang does not specifically teach “third party digital wallet”
However, Bedier teaches:
configuring, by the operating system process, an a near-field communication (NFC) controller of the electronic device to receive a credential from the third-party digital wallet, rather than the first-party digital wallet for conducting a transaction. [0040] The digital payment platform (DPP) 130 can be associated with one or more wallets that function as a user interface between the user and the digital payment platform. The wallet can be hosted by the digital payment platform 130, be a third-party wallet connected to the digital payment platform, or be any other suitable wallet. The wallet can: present payment information (e.g., associated with the user account on the digital payment platform), receive payee information (e.g., read a merchant identifier to complete a transaction), initiate transactions or fund transfers, or perform any other suitable functionality. The wallet is preferably a digital or electronic wallet executing on the user device 150, but can alternatively be a hardware key (e.g., an RFID or NFC tag with wallet information), or be otherwise configured. The wallet preferably runs (e.g., is executed by) on a user device, but can be otherwise implemented.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the near field communication method and electronic device of Zhang in view of with the transaction mediation method as taught by Bedier in order to bridge the digital payment platform with conventional payment systems. (Bedier [0024])
However Zhang and Bedier do not specifically teach: determining, by the operating system process, whether a first-party digital wallet or a third-party digital wallet has been configured as the default digital wallet for the electronic device;
However Dao teaches at least at [0046] In one embodiment, the tokens may be cloud-based tokens. Each Issuer Wallet ID 320 may include a device-bound wallet container, such as a DeviceWalletID 330, which may be an identifier for a particular user's Issuer wallet application on the device. DeviceWalletlD 330 may specify, for example, partner attributes 332 (e.g., a third-party wallet ID), device wallet-level attributes 334 (e.g., a DeviceWalletID, user preferences 336 (e.g., show preferences, default preferences, etc.) and token-level attributes for tokens 338 (e.g., Token Wallet Characteristic, or TWC, that may identify a linkage between the issuer wallet application and the third-party wallet application). It may further identify whether the profile is bound or unbound to a third-party wallet.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the near field communication method and electronic device of Zhang and Bedier in view of method for wallet token and transaction management as taught by Dao in order to allow digital wallets require coordinated management of wallet status changes, token status changes, and transaction status changes among multiple systems . (Dao [0003])
Regarding claims 2, 17 and 23
Zhang teaches:
responsive to determining that a first-party digital wallet has been configured as the default digital wallet of the electronic device: foregrounding the first-party digital wallet on the user interface of the electronic device; and [0123] S303. The AP 221 controls a display to be turned on, or controls the application 2211 to be popped up in interface foreground. When the application 2211 is installed, the application 2211 is registered, and listens to the NFC field strength system broadcast message. After the NFC field strength system broadcast message sent by the OS 2212 is received, the AP 221 may control the display to be turned on, or may start the application 2211 for running in interface foreground after the display is turned on.
configuring, by the operating system process, the NFC controller of the electronic device to receive another credential from a secure element of the electronic device rather than the third party digital wallet for conducting the transaction. [0129] It should be understood that in FIG. 2, description is provided by using an example in which the electronic device includes one SE. The electronic device may alternatively include a plurality of SEs, and each SE stores a correspondence between a card in an application and an AID. In each SE, one AID may be in an active state, and another AID may be in an inactive state. When the electronic device stores a plurality of SEs, the NFCC may store a routing table. After the peer NFC card reader device sends information about an AID, the NFCC may find a corresponding SE by using the routing table, and send the information about the AID to the corresponding SE. If the AID is an AID activated by the corresponding SE, the SE may modify the information corresponding to the AID, for example, fee deduction information and balance information. After performing a related operation, the SE may send an indication to the NFCC, to indicate that the SE completes the related operation. The NFCC may forward the indication to the peer NFC card reader device, and the peer NFC card reader device may perform a corresponding operation. For example, the peer NFC card reader device opens a gate, or prompts a user with information indicating that card swiping succeeds.
Regarding claims 3, 18 and 24
Zhang teaches:
wherein the credential is stored locally on the electronic device in association with the … digital wallet. [0127] In this embodiment of this application, description is provided by using an example in which the application 2211 is “Wallet”. “Wallet” may include a plurality of virtual cards, for example, a public transportation card, a bank card, an access card, and an identity card. Each card may correspond to one unique AID. The electronic device may store a correspondence between cards in a plurality of applications and AIDs in an SE 223. The electronic device may activate one card. For example, Table 1 shows the correspondence between cards in a plurality of applications and AIDs.
However, Zhang does not specifically teach “third party digital wallet”
However, Bedier teaches:
“third party digital wallet” [0040] The digital payment platform (DPP) 130 can be associated with one or more wallets that function as a user interface between the user and the digital payment platform. The wallet can be hosted by the digital payment platform 130, be a third-party wallet connected to the digital payment platform, or be any other suitable wallet. The wallet can: present payment information (e.g., associated with the user account on the digital payment platform), receive payee information (e.g., read a merchant identifier to complete a transaction), initiate transactions or fund transfers, or perform any other suitable functionality. The wallet is preferably a digital or electronic wallet executing on the user device 150, but can alternatively be a hardware key (e.g., an RFID or NFC tag with wallet information), or be otherwise configured. The wallet preferably runs (e.g., is executed by) on a user device, but can be otherwise implemented.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the near field communication method and electronic device of Zhang in view of with the transaction mediation method as taught by Bedier in order to bridge the digital payment platform with conventional payment systems. (Bedier [0024])
Regarding claims 5, 20, and 26
Zhang teaches:
wherein the received request corresponds to user input. [0134] When the user moves the mobile phone to approach another mobile phone for which an NFC function is enabled, the mobile phone may still automatically pop up “Wallet”, and display the default card, namely, the “Chang'an card”. However, in this case, the user does not expect the mobile phone to pop up “Wallet”, and the user further needs to close “Wallet” to perform a next operation.
Regarding claims 6, 21 and 27
Zhang teaches:
wherein the received request corresponds to detection of an NFC terminal proximate to the electronic device. [0134] When the user moves the mobile phone to approach another mobile phone for which an NFC function is enabled, the mobile phone may still automatically pop up “Wallet”, and display the default card, namely, the “Chang'an card”. However, in this case, the user does not expect the mobile phone to pop up “Wallet”, and the user further needs to close “Wallet” to perform a next operation.
Regarding claims 7 and 28
Zhang teaches:
wherein foregrounding the third-party digital wallet on the user interface of the electronic device comprises backgrounding an application foregrounded on the user interface of the electronic device. [0123] S303. The AP 221 controls a display to be turned on, or controls the application 2211 to be popped up in interface foreground. When the application 2211 is installed, the application 2211 is registered, and listens to the NFC field strength system broadcast message. After the NFC field strength system broadcast message sent by the OS 2212 is received, the AP 221 may control the display to be turned on, or may start the application 2211 for running in interface foreground after the display is turned on.
Regarding claim 29
Zhang teaches:
wherein the determination causes selection of one or more configuration settings for the NFC controller that are based at least in part on whether the default digital wallet is the first-party digital wallet or the third-party digital wallet, the one or more configuration settings differing between the first-party digital wallet and the third-party digital wallet, and wherein the configuring of the NFC controller is further based at least in part on the one or more configuration settings. (See at least Zhang [0124]-[0126]: [0124] In an embodiment, it is common for the electronic device to use an application of a manufacturer of the electronic device as a default application, and when receiving the NFC field strength message (in other words, when approaching a card reader), the electronic device automatically pops up the default application. [0125] For example, for a Huawei mobile phone, “Wallet” may be used as a default payment application, and when receiving the NFC field strength message, the electronic device may automatically pop up “Wallet”. [0126] For another example, for an iphone, “Apple Pay” may be used as a default payment application, and when receiving the NFC field strength message, the electronic device may automatically pop up “Apple Pay”.
Claims 4, 19 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (US 2022/0343317 A1) in view of Bedier et al. (US 2022/0193405 A1) and further in view of Dao (US 2020/0193431 A1) and Lingappa (US 2015/0332262 A1)
Regarding claims 4, 19, and 25
However, Zhang does not specifically teach “wherein the credential is stored at a remote server and accessed from the remote server for conducting the transaction.”
However, Lingappa teaches:
“wherein the credential is stored at a remote server and accessed from the remote server for conducting the transaction.” [0073] At step 302, the master wallet applet determines the available payment and/or wallet applications and displays the available applications 113A-113N to a user of the mobile device 110. The available payment and/or wallet applications 113A-113N may include any number of different available registered applications 113A-113N that may be presented for selection by a user. For example, the applications 113A-113N may be provided by different issuers, payment processing networks, digital wallet providers, merchants, and/or any other interested parties and may allow a consumer to add account credentials to the applications 113A-113N and use the account credentials to initiate transactions. The various applications may use different types of credentials, may obtain their credentials from different sources (e.g., a secure element, a remote server computer, a general purpose memory, etc.) and may have different user authentication/verification processes. Thus, each of the available applications may be associated with a different payment method including different user verification processes and different encrypted credentials.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the near field communication method and electronic device of Zhang in view of with the master applet for secure remote payment processing as taught by Lingappa in order to provide a user with the available account options for different accounts to use in processing the transaction.. (Lingappa [0076])
Prior Art of Record Not Currently Relied Upon
Carter US 2023/0005312 A1 Teaches: Access Management server.
Noe (US 2018/0158043 A1) Teaches: Automatic context selection from a digital wallet.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY MARK JAMES whose telephone number is (571)272-5155. The examiner can normally be reached M-F 8:30am - 5:00pm EST.
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/GREGORY M JAMES/Examiner, Art Unit 3692 /Mike Anderson/Supervisory Patent Examiner, Art Unit 3693