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
Claims 1-3 and 5-15 are pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/2/25, 12/30/25/, and 2/20/26. The submission is 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 1-3 and 5-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-3 and 5-15 are directed to a system, method, or product, which are/is one of the statutory categories of invention. (Step 1: YES).
The Examiner has identified independent method claim 1 as the claim that represents the claimed invention for analysis and is similar to independent system claim 14 and product claim 15. Claim 1 recites the limitations of verifying user identity by matching a code (assigned to the identity) to a reference code and challenging user with question.
These limitations, under their broadest reasonable interpretation, cover performance of the limitation as certain methods of organizing human activity. Receiving 1st subject identity, a request for information, and acct information (acct associated with 3rd party); transforming “1st subject identity” into “1st identity code” (hiding 1st subject identity) through one of following selecting characters, encoding characters, arranging characters, recombining characters, encrypting characters, converting characters, breaking characters into bytes, selecting bytes, converting bytes, rearranging a sequence of bytes, recombining bytes into characters, encrypting bytes, or a combination thereof; transmitting 1st identity code, a request for information, and account information (acct associated with 3rd party); sending a question; receiving a response to the question; 2nd computer system is associated with 3rd party; receiving the requested information when “1st identity code” matches “2nd identity code” and when the response approves the request; transmitting the requested information, – specifically, the claim recites “receiving… identification information of the first subject, a request for information, and account information of an account associated with a third party organization; transforming… the identification information of the first subject into a first identity code that hides the identification information of the first subject; transmitting… the first identity code, the request for information, and the account information, the second computer system being associated with the third party organization; receiving… requested information in response to the request for information when the first identity code matches a second identity code for an account holder corresponding to the account information; and transmitting… the requested information”, recites a fundamental economic practice, directed to mitigating risk.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation as a fundamental economic practice, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The “an apparatus”, “memory”, “at least one processor”, “a first computer system”, and “a second computer system”, in claim 14; the additional technical element of “a central computer system” in claim 1; and the additional technical element of “a non-transitory computer-readable medium” and “a network of computer systems” in claim 15, are just applying generic computer components to the recited abstract limitations. The recitation of generic computer components in a claim does not necessarily preclude that claim from reciting an abstract idea. Claims 1 and 15 are also abstract for similar reasons. (Step 2A-Prong 1: YES. The claims recite an abstract idea)
This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of: a computer such as an apparatus, at least one processor, a first computer system, a second computer system, and a central computer system; a communication device such as a network of computer systems; and a storage unit such as memory and a non-transitory computer-readable medium. The computer hardware/software is/are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality. Therefore, claims 1, 14, and 15 are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer hardware amounts to 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. Accordingly, these additional elements, do not change the outcome of the analysis, when considered separately and as an ordered combination. Thus, claims 1, 14, and 15 are not patent eligible. (Step 2B: NO. The claims do not provide significantly more)
Dependent claims further define the abstract idea that is present in their respective independent claims 1, 14, and 15 and thus correspond to Certain Methods of Organizing Human Activity, and hence are abstract for the reasons presented above.
Dependent claim 2 discloses the limitation of in which the identification information comprises at least one of a name, an address, a date of birth, a personal identification number, a user ID, a password, a tax identification number, a type of identification document used, an identity number associated with the identification document, a country, state, government organization and/or a private organization issuing the identification document, an expiration date of the identification document, a financial instrument number, a type of the financial instrument, an expiration date of the financial instrument, a financial account number, a type of the financial account, a phone number, a screen name, an email address, a photograph, a physical description, other information that can be used to identify a person, or a combination thereof, which further narrows the abstract idea.
Dependent claim 3 discloses the limitation of in which the financial instrument comprises at least one of cash, a virtual currency, a virtual security, a virtual instrument, a credit card, a debit card, an ATM card, a prepaid card, a stored value card, a gift card, a check, a monetary instrument, a wire transfer, an automatic clearing house (ACH) transfer, a letter of credit, a note, a security, a commercial paper, a commodity, a precious metal, gold, silver, any instrument that can be used to conduct financial transactions, or a combination thereof, which further narrows the abstract idea.
Dependent claim 5 discloses the limitation of in which the first subject comprises at least one of a person, an object, an organization, a legal entity, a tangible property, an intangible property, a document, a concept, a plan, a design, a benefit, an asset, a liability, a trade secret, an equity, money, confidential information, a financial instrument, a non-financial instrument, or a combination thereof, which further narrows the abstract idea.
Dependent claim 6 discloses the limitation of in which the request for information is associated with at least one of cash, virtual currency, a virtual security, a virtual instrument, a credit card, a debit card, an ATM card, a prepaid card, a stored value card, a gift card, a check, a monetary instrument, a wire transfer, an ACH transfer, a letter of credit, a note, a security, a commercial paper, a commodity, precious metal, gold, silver, or a combination thereof, which further narrows the abstract idea.
Dependent claim 7 discloses the limitation of in which the first computer system comprises a device interface associated with at least one of an individual, an organization, or a combination thereof, which further narrows the abstract idea. Note that the technical elements “the first computer system” and “a device interface” are recited at a high level of generality. They do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Dependent claim 8 discloses the limitation of in which the device interface comprises at least one of a keyboard, a keypad, a monitor, a display, a terminal, a computer, a control panel, a vehicle dash board, a network interface, a machinery interface, an electrical interface, an electronic interface, a magnetic interface, an electromagnetic interface including electromagnetic wave interface, an optical interface, a light interface, an acoustic interface, a video interface, an audio interface, a contactless interface, a mobile phone interface, a smartphone interface, a smartbook interface, a tablet interface, another communication device interface, a Personal Digital Assistant (PDA) interface, a handheld device interface, a portable device interface, a wireless interface, a wired interface, or a combination thereof, which further narrows the abstract idea. Note that the technical elements “the device interface”, “a monitor”, “a computer”, “a control panel”, “a network interface”, “a machinery interface”, “an electrical interface”, “an electronic interface”, “a magnetic interface”, “an electromagnetic interface”, “an optical interface”, “a light interface”, “an acoustic interface”, “a video interface”, “an audio interface”, “a contactless interface”, “a mobile phone interface”, “a smartbook interface”, “a tablet interface”, “a handheld device interface”, “a portable device interface”, “a wireless interface”, “a wired interface”, “a Personal Digital Assistant (PDA) interface”, “another communication device interface”, and “a smartphone interface”, are recited at a high level of generality. They do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Dependent claim 9 discloses the limitation of in which the second computer system comprises a device interface associated with at least one of a financial institution, a merchant, an organization, or a combination thereof, which further narrows the abstract idea. Note that the technical elements “the second computer system” and “a device interface” are recited at a high level of generality. They do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Dependent claim 10 discloses the limitation of in which the device interface comprises at least one of a keyboard, a keypad, a monitor, a display, a terminal, a computer, a control panel, a vehicle dash board, a network interface, a machinery interface, an electrical interface, an electronic interface, a magnetic interface, an electromagnetic interface including electromagnetic wave interface, an optical interface, a light interface, an acoustic interface, a video interface, an audio interface, a contactless interface, a mobile phone interface, a smartphone interface, a smartbook interface, a tablet interface, another communication device interface, a Personal Digital Assistant (PDA) interface, a handheld device interface, a portable device interface, a wireless interface, a wired interface, or a combination thereof, which further narrows the abstract idea. Note that the technical elements “the device interface”, “a monitor”, “a computer”, “a control panel”, “a network interface”, “a machinery interface”, “an electrical interface”, “an electronic interface”, “a magnetic interface”, “an electromagnetic interface”, “an optical interface”, “a light interface”, “an acoustic interface”, “a video interface”, “an audio interface”, “a contactless interface”, “a mobile phone interface”, “a smartbook interface”, “a tablet interface”, “a handheld device interface”, “a portable device interface”, “a wireless interface”, “a wired interface”, “a Personal Digital Assistant (PDA) interface”, “another communication device interface”, and “a smartphone interface”, are recited at a high level of generality. They do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Dependent claim 11 discloses the limitation of in which the financial institution comprises at least one of a bank, credit union, money services business, financial holding company, insurance company, insurance agency, mortgage company, mortgage agency, stockbroker, stock agency, bond broker, bond agency, commodity broker, commodity agency, trading company, trading agency, other financial service provider, other financial agency, stock exchange, commodity exchange, currency exchange, virtual currency company, virtual currency issuer, virtual currency service provider, virtual currency network provider, virtual currency computer provider, virtual currency dealer, virtual currency exchange, virtual securities exchange, bond exchange, other exchange, funds manager, investment company, private equity firm, venture capital firm, virtual currency company, merchant acquirer, payment processor, payment card issuer, payment card program manager, internet merchant, other organization related to financial services, or a combination thereof, which further narrows the abstract idea.
Dependent claim 12 discloses the limitation of in which the central computer system comprises a device interface connected to a network of computer systems, which further narrows the abstract idea. Note that the technical elements “the central computer system” and “a device interface” are recited at a high level of generality. They do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Dependent claim 13 discloses the limitation of in which the device interface comprises at least one of a keyboard, a keypad, a monitor, a display, a terminal, a computer, a control panel, a vehicle dash board, a network interface, a machinery interface, an electrical interface, an electronic interface, a magnetic interface, an electromagnetic interface including electromagnetic wave interface, an optical interface, a light interface, an acoustic interface, a video interface, an audio interface, a contactless interface, a mobile phone interface, a smartphone interface, a smartbook interface, a tablet interface, another communication device interface, a Personal Digital Assistant (PDA) interface, a handheld device interface, a portable device interface, a wireless interface, a wired interface, or a combination thereof, which further narrows the abstract idea. Note that the technical elements “the device interface”, “a monitor”, “a computer”, “a control panel”, “a network interface”, “a machinery interface”, “an electrical interface”, “an electronic interface”, “a magnetic interface”, “an electromagnetic interface”, “an optical interface”, “a light interface”, “an acoustic interface”, “a video interface”, “an audio interface”, “a contactless interface”, “a mobile phone interface”, “a smartbook interface”, “a tablet interface”, “a handheld device interface”, “a portable device interface”, “a wireless interface”, “a wired interface”, “a Personal Digital Assistant (PDA) interface”, “another communication device interface”, and “a smartphone interface”, are recited at a high level of generality. They do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Thus, the dependent claims do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Therefore, the dependent claims are directed to an abstract idea. Thus, the claims 1-3 and 5-15 are not patent-eligible.
Claim Rejections - 35 USC § 102(a)(2)
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention
OR
(a) (2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 5-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Song (20100250364).
Regarding claim 1, Song teaches
a computerized method for verifying an identity of a first subject, comprising
(“[0028] In the present disclosure, a computer system to prevent identity theft, has a computer processor and a memory device coupled to a network; a database stored on the memory device adapted to store at least a first set of data derived from a consumer's personal information in a manner in which the consumer's personal information cannot be recovered from the first set of data. The database is further adapted to store, associated with the first set of data, a photo of a consumer and/or a challenge question and its answer created by the consumer. The computer system also includes a communications device transmitting in response to instructions from the processor the photo and/or the challenge question to a user via the network when the processor receives from the user a second set of data from the network. The second set of data corresponds to the first set of data and is associated with a subject”).
(“[0029] Furthermore, a computer system to prevent identity fraud has a computer processor and a memory device coupled to a network; and a database stored on the memory device. The database is adapted to store at least one set of user identification information. A code generator is operable on the computer processor to create a new pass code. The new pass code cannot be known before its creation and shall expire after a period of time. The new pass code is generated, in response to each receipt of the set of user identification information from a device interface. The computer system also includes a first communications device transmitting the pass code to the user, and a second communications device transmitting an authorization to the device interface when the pass code is subsequently received from the device interface before the pass code expires”).
receiving, at a central computer system from a first computer system, identification information of the first subject, a request for information, and account information of an account associated with a third party organization;
PNG
media_image1.png
200
400
media_image1.png
Greyscale
transforming, by the central computer system, the identification information of the first subject into a first identity code that hides the identification information of the first subject through at least one of selecting characters, encoding characters, arranging characters, recombining characters, encrypting characters, converting characters, breaking characters into bytes, selecting bytes, converting bytes, rearranging a sequence of bytes, recombining bytes into characters, encrypting bytes, or a combination thereof
See Figure 6, item #6002
PNG
media_image2.png
887
680
media_image2.png
Greyscale
(“[0070] In one embodiment of the present disclosure, in order to open an account, a consumer uploads his/her name and tax ID so the PPAITPN can verify the existence of the consumer through government records… The tax ID can be encrypted in the database, or encrypted in a separate database, so that nobody can see or use it after the account opening process”).
(“[0072] To further protect the consumer, the financial account information can be encrypted so that nobody can see or use it”).
transmitting, from the central computer system to a second computer system, the first identity code, the request for information, and the account information,
PNG
media_image3.png
200
400
media_image3.png
Greyscale
sending, by the central computer system, a question based on the request for information to the first subject via contact information associated with the first subject; receiving, at the central computer system from the first subject, a response to the question; the second computer system being associated with the third party organization;
(“[0177] In addition (block 2005), the consumer 100 inputs into the computer system of the PPAITPN 500 through the Internet 600 a set of challenge questions, the corresponding answers, and/or at least one key code”).
(“[0181] the retail store 300 has the option to ask the challenge questions or request key codes (block 3007) displayed through the Internet 600 based on the questions of the consumer 100 stored inside the database of the computer system of PPAITPN 500.
[0182] The retail store 300 can take different actions based on whether the presumed consumer can correctly answer the challenge questions or provide the key codes designed by the consumer 100 (decision block 3008). If the presumed consumer cannot answer the challenge questions correctly or cannot provide the key codes (NO branch 3009), the retail store 300 should reject the transaction (block 3012). On the other hand, if the presumed consumer can correctly answer the challenge questions or can correctly provide the key codes (YES branch 3010), the retail store 300 can proceed in the transaction (block 3011)”).
receiving, at the central computer system from the second computer system, requested information in response to the request for information when the first identity code matches a second identity code for an account holder corresponding to the account information and when the response from the first subject approves the request; and transmitting, from the central computer system to the first computer system, the requested information
(“The examiner notes that, as written, it’s not clear that (1) where the “second identity code” came from or who generated it? and (2) who performs the matching of “first identity code” vs. “second identity code”? This is because the phrase “when the first identity code matches a second identity code for an account holder corresponding to the account information”, does not specify who does the matching. It only says that there is a match. Note also that, specification paragraph 18 states that “second identity code” is a random code hiding personal info of a second subject. Thus, for the purpose of compact prosecution, the examiner assumes that (1) the “second identity code” was already in the central computer system data base, AND (2) central computer system matches “first identity code” vs. “second identity code”. As such, the relevant prior art teaching are –
[0134] In one embodiment of the present disclosure, when a payer places an order on the Internet, the payer can enter the payer's PPAITPN account number or account identification information into the device interface of the Internet merchant. This PPAITPN account number or account identification information is re-sent by the Internet merchant to the PPAITPN computer system which can send a randomly-generated pass code to the payer. Then, the payer can enter the pass code into the device interface of the Internet merchant. This pass code is re-sent by the Internet merchant to the PPAITPN computer system to transfer the payment amount from the payer's PPAITPN account to the payee's PPAITPN account”).
(“[0135] In an alternative embodiment of the present disclosure, after receiving the pass code, a payer can send a message to the computer system of PPAITPN to approve the transaction. As a result, the payer can securely complete the online transaction without releasing any personal information, reducing the possibility of fraud, and protecting the payee”).
(“[0137] In another embodiment of the present disclosure, a payer can complete the payment transaction by himself at an automatic checkout stand. The payer can enter his PPAITPN account number or account identification information into the checkout stand, which can re-send the payer's PPAITPN account number or account identification information to the PPAITPN computer system. The PPAITPN computer system can send the pass code to the payer. Then, the payer can enter into the checkout stand the pass code which can also be re-sent to the PPAITPN computer system to transfer the payment amount from the payer's account to the payee's account.)
(“[0116] In another embodiment of the present disclosure, after receiving the pass code, a payer can send a message, e.g., a text message, instant message, email, fax, and/or voice mail, to the computer system of the PPAITN to approve a particular transaction based on the particular pass code associated with the transaction”).
See also FIGURE 6, item #6004
Regarding claim 2, Song discloses
in which the identification information comprises at least one of a name, an address, a date of birth, a personal identification number, a user ID, a password, a tax identification number, a type of identification document used, an identity number associated with the identification document, a country, state, government organization and/or a private organization issuing the identification document, an expiration date of the identification document, a financial instrument number, a type of the financial instrument, an expiration date of the financial instrument, a financial account number, a type of the financial account, a phone number, a screen name, an email address, a photograph, a physical description, other information that can be used to identify a person, or a combination thereof
(“[0059] For the purpose of this disclosure, a consumer's personal information includes the identification information contained in, shown on, or associated with such instruments or identification documents. Exemplary personal information includes a name, address, date of birth, tax identification number, national identification number, personal identification number, type of the identification document or instrument, identification number associated with the identification document or the instrument, country, state, government organization and/or private organization issuing the identification document or the instrument, expiration date of the identification document or the instrument, phone number, fax number, e-mail address, signature, biometrical information, financial account information, utility account information, insurance account information, brokerage account information, and/or financial service provider information”).
Regarding claim 3, Song discloses
in which the financial instrument comprises at least one of cash, a virtual currency, a virtual security, a virtual instrument, a credit card, a debit card, an ATM card, a prepaid card, a stored value card, a gift card, a check, a monetary instrument, a wire transfer, an automatic clearing house (ACH) transfer, a letter of credit, a note, a security, a commercial paper, a commodity, a precious metal, gold, silver, any instrument that can be used to conduct financial transactions, or a combination thereof
(“[0061] financial instrument such as a credit card, debit card, prepaid card, stored-value card, gift card, check card, ATM card, check, stock certificate, insurance ID card, brokerage ID card, police ID card, membership ID card, etc.”).
Regarding claim 5, Song discloses
in which the first subject comprises at least one of a person, an object, an organization, a legal entity, a tangible property, an intangible property, a document, a concept, a plan, a design, a benefit, an asset, a liability, a trade secret, an equity, money, confidential information, a financial instrument, a non-financial instrument, or a combination thereof
(“[0021] In accordance with the present disclosure, the personal information of a consumer is stored in a database in a networked computer system. When a presumed consumer tries to conduct a transaction with individuals, financial institutions or merchants based on the stolen identity of the consumer, personal information of the consumer, such as a photo, challenge question, etc. can be provided to the individuals, financial institutions or the merchants through the network. The individuals, financial institutions and merchants can then verify whether the presumed consumer (e.g., a subject person) corresponds to the personal information of the true consumer provided by the computer system and thus reject the transaction if the result is negative, i.e., if the subject person is a potential fraudster”).
Regarding claim 6, Song discloses
in which the request for information is associated with at least one of cash, virtual currency, a virtual security, a virtual instrument, a credit card, a debit card, an ATM card, a prepaid card, a stored value card, a gift card, a check, a monetary instrument, a wire transfer, an ACH transfer, a letter of credit, a note, a security, a commercial paper, a commodity, precious metal, gold, silver, or a combination thereof
[0016] Furthermore, an online merchant cannot easily tell whether a remote consumer has the correct identity. If correct credit card information, which can be obtained from a stolen credit card, and the correct billing address, which can be obtained from Internet search websites, are presented, the merchant cannot easily tell whether the remote consumer is actually a fraudster. An experienced fraudster can easily conduct identity theft through online transactions. As a result, online merchants lose a tremendous amount of money every year”).
(“[0110] In other embodiments of the present disclosure, debit card networks, credit card networks, stored-value card networks, gift card networks, pre-paid card networks, ATM networks, etc. transfer funds electronically between a payer's account in a financial institution and the payer's account in the PPAITPN”).
Regarding claim 7, Song discloses
in which the first computer system comprises a device interface associated with at least one of an individual, an organization, or a combination thereof
(“[0021] In accordance with the present disclosure, the personal information of a consumer is stored in a database in a networked computer system. When a presumed consumer tries to conduct a transaction with individuals, financial institutions or merchants based on the stolen identity of the consumer, personal information of the consumer, such as a photo, challenge question, etc. can be provided to the individuals, financial institutions or the merchants through the network. The individuals, financial institutions and merchants can then verify whether the presumed consumer (e.g., a subject person) corresponds to the personal information of the true consumer provided by the computer system and thus reject the transaction if the result is negative, i.e., if the subject person is a potential fraudster”).
Regarding claim 8, Song discloses
in which the device interface comprises at least one of a keyboard, a keypad, a monitor, a display, a terminal, a computer, a control panel, a vehicle dash board, a network interface, a machinery interface, an electrical interface, an electronic interface, a magnetic interface, an electromagnetic interface including electromagnetic wave interface, an optical interface, a light interface, an acoustic interface, a video interface, an audio interface, a contactless interface, a mobile phone interface, a smartphone interface, a smartbook interface, a tablet interface, another communication device interface, a Personal Digital Assistant (PDA) interface, a handheld device interface, a portable device interface, a wireless interface, a wired interface, or a combination thereof
(“[0029] The new pass code is generated, in response to each receipt of the set of user identification information from a device interface. The computer system also includes a first communications device transmitting the pass code to the user, and a second communications device transmitting an authorization to the device interface when the pass code is subsequently received from the device interface before the pass code expires”).
Regarding claim 9, Song discloses
in which the second computer system comprises a device interface associated with at least one of a financial institution, a merchant, an organization, or a combination thereof
(“[0021] In accordance with the present disclosure, the personal information of a consumer is stored in a database in a networked computer system. When a presumed consumer tries to conduct a transaction with individuals, financial institutions or merchants based on the stolen identity of the consumer, personal information of the consumer, such as a photo, challenge question, etc. can be provided to the individuals, financial institutions or the merchants through the network. The individuals, financial institutions and merchants can then verify whether the presumed consumer (e.g., a subject person) corresponds to the personal information of the true consumer provided by the computer system and thus reject the transaction if the result is negative, i.e., if the subject person is a potential fraudster”).
(“[0046] FIG. 1 illustrates a system and network diagram of a Privacy Protected Anti-Identity Theft and Payment Network ("PPAITPN") to enable consumers, financial institutions and merchants to jointly prevent identity theft, fraud and related financial crimes”).
Regarding claim 10, Song discloses
in which the device interface comprises at least one of a keyboard, a keypad, a monitor, a display, a terminal, a computer, a control panel, a vehicle dash board, a network interface, a machinery interface, an electrical interface, an electronic interface, a magnetic interface, an electromagnetic interface including electromagnetic wave interface, an optical interface, a light interface, an acoustic interface, a video interface, an audio interface, a contactless interface, a mobile phone interface, a smartphone interface, a smartbook interface, a tablet interface, another communication device interface, a Personal Digital Assistant (PDA) interface, a handheld device interface, a portable device interface, a wireless interface, a wired interface, or a combination thereof
(“[0029] The new pass code is generated, in response to each receipt of the set of user identification information from a device interface. The computer system also includes a first communications device transmitting the pass code to the user, and a second communications device transmitting an authorization to the device interface when the pass code is subsequently received from the device interface before the pass code expires”).
Regarding claim 11, Song discloses
in which the financial institution comprises at least one of a bank, credit union, money services business, financial holding company, insurance company, insurance agency, mortgage company, mortgage agency, stockbroker, stock agency, bond broker, bond agency, commodity broker, commodity agency, trading company, trading agency, other financial service provider, other financial agency, stock exchange, commodity exchange, currency exchange, virtual currency company, virtual currency issuer, virtual currency service provider, virtual currency network provider, virtual currency computer provider, virtual currency dealer, virtual currency exchange, virtual securities exchange, bond exchange, other exchange, funds manager, investment company, private equity firm, venture capital firm, virtual currency company, merchant acquirer, payment processor, payment card issuer, payment card program manager, internet merchant, other organization related to financial services, or a combination thereof
(“[0039] In this disclosure, a "bank" or "financial institution" generally refers to a financial service provider, either a bank or a non-bank, where financial services are provided”).
(“[0040] In this disclosure, a "bank account" or "financial account" generally refers to an account in a financial institution such as banks, credit unions, stockbrokers, trading companies, securities companies, investment companies, insurance companies and agencies, finance companies, payment services companies, money services organizations, financial services providers, etc. where transactions can be conducted through payment instruments such as cash, checks, credit cards, debit cards, gift cards, pre-paid cards, stored value cards, ATM cards, wires, letters of credit, monetary instruments, electronic fund transfers, automatic clearing house, etc.”).
Regarding claim 12, Song discloses
in which the central computer system comprises a device interface connected to a network of computer systems
(“[0029] The new pass code is generated, in response to each receipt of the set of user identification information from a device interface. The computer system also includes a first communications device transmitting the pass code to the user, and a second communications device transmitting an authorization to the device interface when the pass code is subsequently received from the device interface before the pass code expires”).
(“[0110] In other embodiments of the present disclosure, debit card networks, credit card networks, stored-value card networks, gift card networks, pre-paid card networks, ATM networks, etc. transfer funds electronically between a payer's account in a financial institution and the payer's account in the PPAITPN”).
Regarding claim 13, Song discloses
in which the device interface comprises at least one of a keyboard, a keypad, a monitor, a display, a terminal, a computer, a control panel, a vehicle dash board, a network interface, a machinery interface, an electrical interface, an electronic interface, a magnetic interface, an electromagnetic interface including electromagnetic wave interface, an optical interface, a light interface, an acoustic interface, a video interface, an audio interface, a contactless interface, a mobile phone interface, a smartphone interface, a smartbook interface, a tablet interface, another communication device interface, a Personal Digital Assistant (PDA) interface, a handheld device interface, a portable device interface, a wireless interface, a wired interface, or a combination thereof
(“[0029] The new pass code is generated, in response to each receipt of the set of user identification information from a device interface. The computer system also includes a first communications device transmitting the pass code to the user, and a second communications device transmitting an authorization to the device interface when the pass code is subsequently received from the device interface before the pass code expires”).
Claim 14 is rejected using the same rationale that was used for the rejection of claim 1.
Claim 15 is rejected using the same rationale that was used for the rejection of claim 1.
Response to Arguments
Applicant's arguments filed 2/24/26 have been fully considered but they are not persuasive.
In response to applicant's argument that:
“35 U.S.C. § 101… Claim 1 has been amended to further recite sending a question based on the request for information to the first subject via contact information associated with the first subject, receiving a response to the question, and receiving and transmitting the requested information conditioned on both (i) the identity code match and (ii) the response from the first subject approving the request,”
the examiner respectfully disagrees. In comparison to the prior version, the added elements (see underlined) and deleted elements (if any, struck out with a line) are essentially:
(1) “transforming, by the central computer system, the identification information of the first subject into a first identity code that hides the identification information of the first subject through at least one of selecting characters, encoding characters, arranging characters, recombining characters, encrypting characters, converting characters, breaking characters into bytes, selecting bytes, converting bytes, rearranging a sequence of bytes, recombining bytes into characters, encrypting bytes, or a combination thereof”;
(2) “sending, by the central computer system, a question based on the request for information to the first subject via contact information associated with the first subject; receiving, at the central computer system from the first subject, a response to the question”; and
(3) “receiving, at the central computer system from the second computer system, requested information in response to the request for information when the first identity code matches a second identity code for an account holder corresponding to the account information and when the response from the first subject approves the request”.
These changes are not sufficient to overcome the 35 U.S.C. § 101 rejections because: for 101 analysis purpose, this is just stating (corresponding to the numberings above):
that hiding the identification may be done by one of the many things – e.g., arranging characters, encrypting the characters, recombining/re-arranging characters. This is an abstract idea;
sending question to the user and receiving the answer. This is a procedure – an abstract idea; and
that identification process includes getting an approval from first subject. This is another abstract idea.
These are abstract ideas. There is nothing technical about it.
Note that the technical element “the central computer system” is recited at a high level of generality. It does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
In response to applicant's argument that:
“a practical application… The additional elements impose meaningful limits by requiring active consumer participation through a question-and-response verification loop before information disclosure. This consumer-in-the-loop architecture provides a technical improvement in fraud prevention and unauthorized access control, transforming how identity verification systems operate by adding a real-time approval gate that prevents information leakage even when identity codes match,”
the examiner respectfully disagrees. The elements in the above quote are entirely procedural (identifying someone by challenging the person with a question that only the person would know). As stated above, the disclosed technical elements in the claims are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality.
In response to applicant's argument that:
“35 U.S.C. § 102(a)(2)… Amended claim 1 recites… sending a question… receiving a response… receiving and transmitting the requested information conditioned on both (i) the identity code match and (ii) the response from the first subject approving the request… amended claim 1 is patentably distinguishable over Song,”
Applicant’s arguments have been considered but are moot because the arguments do not apply to the new analysis in view of the additional language from the reference being used in the current rejection. See Claim Rejections - 35 USC § 102(a)(2) above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
Accordingly, THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK H GAW whose telephone number is (571)270-0268. The examiner can normally be reached Mon-Fri: 9am -5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike Anderson can be reached on 571 270-0508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARK H GAW/Examiner, Art Unit 3693
Prosecution Insights