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 1-19 and 21 are pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/12/26 filed. 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 § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4 and 14 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 4 and 14 include the following elements: "transmitting the payment confirmation causes the POS terminal to add a tip corresponding to the tip amount to the purchase". The closest POS terminal’s process is related to data display and transmission. See paragraph 38 of the specification: “step 136, the POS terminal 106 displays a tip confirmation. In some embodiments, the POS terminal 106 displays the tip confirmation in response to receiving a confirmation from one or more merchant services. For example, the POS terminal 106 may transmit credit card information received from the digital wallet device 104 and the tip amount to a credit card processing service. The credit card processing service may process the credit card information and transmit a payment confirmation to the POS terminal”. But this is not the same as: "transmitting the payment confirmation causes the POS terminal to add a tip corresponding to the tip amount to the purchase". These elements appear to have no support in the original abstract, specification or drawings. Introduction of new matter is not allowed in amendments to the Claims (MPEP 2163.06).
Claim Rejections - 35 USC §112(b)
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention
The following is a quotation of pre-AIA 35 U.S.C. 112, second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-19 and 21 continues to be rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
In claims 1, 11, and 21, the “second set of characteristics” is not defined. While there is a comparison step (comparing/matching first and second sets of characteristics), there is no way of knowing who is providing the particular sets of characteristics. The applicant is urged to make clear what the boundaries of the claims are. For the purpose of compact prosecution, the examiner is interpreting it as just another transaction information (such as price, location, etc.) coming from the same source.
Claims 2-10 and 12-19 are rejected by virtue of dependency on a rejected based claim.
Examiner’s Comments Relating to Prior Art for Claim 21
In the office action dated 1/15/26, the examiner rejected claim 21 under AIA 35 U.S.C. 103 as being unpatentable over Nicolau (10713641) in view of Aabye (20150120472). In response, the applicant substantially narrowed down the claim scope in the amendments dated 4/8/26. Specifically, the independent claim 21 now recite the limitations of “a first characteristic of the first set of characteristics indicates a time period corresponding to the first transaction type”. This is in addition to the other disclosed elements for paying for transactions based on predetermined preferences/criteria that includes the specific steps previously disclosed and currently existing in the claim language – e.g. receiving 1st transaction characteristics of the digital wallet; receiving set of preferences (predetermined for the digital wallet); storing the information and preferences; receiving payment request; digital wallet profile identifier shows digital wallet profile; determining the transaction type by matching 1st and 2nd characteristic; determining the tip by determining the transaction type and tipping percentage; transmitting payment confirmation; and confirmation includes payment information and tip amount. The newly added elements – in combination with existing elements – overcome the prior art previously found and currently searched. The prior art rejections are withdrawn for claim 21.
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 1-19 and 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-19 and 21 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 1 and product claim 21. Claim 1 recites the limitations of customized digital wallet with predetermined transaction preferences (e.g., tipping amounts, payment methods, receipt preferences).
These limitations, under their broadest reasonable interpretation, cover performance of the limitation as certain methods of organizing human activity. Receiving 1st transaction characteristics of the digital wallet; receiving set of preferences (predetermined for the digital wallet); storing the information and preferences; receiving payment request; digital wallet profile identifier shows digital wallet profile; determining the transaction type by matching 1st and 2nd characteristic; determining the tip by determining the transaction type and tipping percentage; transmitting payment confirmation; confirmation includes payment information and tip amount; and displaying cost, tip amount, and transaction type, – specifically, the claim recites:
“receiving… a first set of characteristics corresponding to a first transaction type for a digital wallet profile; receiving… a set of preferences corresponding to the first transaction type for the digital wallet profile, wherein the set of preferences comprise a tipping percentage; storing… the first set of characteristics and the set of preferences corresponding to the first transaction type; receiving… a payment request from a point-of-sale (POS) terminal, wherein: the payment request is associated with a purchase; and the payment request comprises a digital wallet profile identifier and a second set of characteristics; identifying… the digital wallet profile using the digital wallet profile identifier; determining… that the purchase associated with the payment request corresponds to the first transaction type based, at least in part, on one or more of the second set of characteristics matching one or more of the first set of characteristics; determining… a tip amount based, at least in part, on determining that the purchase associated with the payment request corresponds to the first transaction type and the tipping percentage; transmitting… payment confirmation to the POS terminal, wherein the payment confirmation comprises: payment information; and the tip amount; generating… a report for display, wherein the report corresponds to the first transaction type and the report comprises: a cost of the purchase; the tip amount; and an indication that the purchase and tip amount corresponds to the first transaction type; and transmitting… the report to a user device”, 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 or commercial or legal interactions, 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”, “control circuitry”, “at least one memory”, “computer program code”, “a user device”, and “point-of-sale (POS) terminal”, in claim 11; and the additional technical element of “a non-transitory computer-readable medium” in claim 21, 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 11 and 21 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, control circuitry, point-of-sale (POS) terminal, and a user device; a storage unit such as at least one memory and a non-transitory computer-readable medium; and software module and algorithm such as computer program code. 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, 11, and 21 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, 11, and 21 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, 11, and 21 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 wherein the payment information includes a credit card identifier, which further narrows the abstract idea.
Dependent claim 3 discloses the limitation of wherein the first transaction type corresponds to a business expense, which further narrows the abstract idea.
Dependent claim 4 discloses the limitation of transmitting the payment confirmation causes the POS terminal to add a tip corresponding to the tip amount to the purchase, which further narrows the abstract idea. Note that the technical element “POS terminal” 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.
Dependent claim 5 discloses the limitation of receiving, by the server, a digital receipt from the POS terminal based, at least in part, on a digital receipt preference, wherein the payment confirmation comprises the digital receipt preference, which further narrows the abstract idea. Note that the technical elements “POS terminal” and “the server” 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 6 discloses the limitation of transmitting, by the server, a notification based, at least in part on associating the purchase with the first transaction type, wherein the notification requests confirmation that the purchase corresponds to the first transaction type, wherein the notification requests confirmation that the purchase corresponds to the first transaction type, which further narrows the abstract idea. Note that the technical element “the server” 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.
Dependent claim 7 discloses the limitation of receiving, by the server, a confirmation that the payment request corresponds to the first transaction type, and wherein transmitting, by the server, the report to the user device is based, at least in part, on receiving the confirmation that the payment request corresponds to the first transaction type, which further narrows the abstract idea. Note that the technical element “the server” 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.
Dependent claim 8 discloses the limitation of first transaction type corresponds to a personal expense, which further narrows the abstract idea.
Dependent claim 9 discloses the limitation of wherein the first set of characteristics comprise a time frame and the second set of characteristics comprise a time within the time frame, which further narrows the abstract idea.
Dependent claim 10 discloses the limitation of wherein the first set of characteristics comprise a location and the second set of characteristics comprise the location, which further narrows the abstract idea.
Dependent claim 12 discloses the limitation of wherein the payment information includes a credit card identifier, which further narrows the abstract idea.
Dependent claim 13 discloses the limitation of the first transaction type corresponds to a business expense, which further narrows the abstract idea.
Dependent claim 14 discloses the limitation of transmitting the payment confirmation causes the POS terminal to add a tip corresponding to the tip amount the purchase, which further narrows the abstract idea. Note that the technical element “POS terminal” 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.
Dependent claim 15 discloses the limitation of the apparatus is further caused to receive a digital receipt from the POS terminal based, at least in part, on a digital receipt preference, wherein the payment confirmation comprises the digital receipt preference. Note that the technical elements “the apparatus” and “POS terminal” 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 16 discloses the limitation of the apparatus is further caused to transmit a notification based, at least in part on associating the purchase with the first transaction type, wherein the notification requests confirmation that the purchase corresponds to the first transaction type. Note that the technical element “the apparatus” 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.
Dependent claim 17 discloses the limitation of the apparatus is further caused to receive, a confirmation that the payment request corresponds to the first transaction type, and wherein the apparatus is caused to transmit the report to the user device based, at least in part, on receiving the confirmation that the payment request corresponds to the first transaction type, which further narrows the abstract idea. Note that the technical elements “the apparatus” and “the user device” 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 18 discloses the limitation of the first transaction type corresponds to a personal expense, which further narrows the abstract idea.
Dependent claim 19 discloses the limitation of wherein the first set of characteristics comprise a time frame and the second set of characteristics comprise a time within the time frame, which further narrows 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 1-19 and 21 are not patent-eligible.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-19 and 21 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Nicolau (10713641) in view of Aabye (20150120472).
Regarding claim 1, Nicolau discloses
a method comprising: receiving, by a server, a first set of characteristics corresponding to a first transaction type for [a digital wallet] profile;
(“C11, L19-41 (71) the present invention may detect that a customer has received a service in various ways, including geolocation, confirmation of services rendered from a service provider, time limit or timing (e.g., end of services rendered)… the service provider may indicate that service has been rendered thereby prompting a tip notification. In addition, a customer may be prompted based on timing or time period… As shown in FIG. 11, a customer be notified of services rendered by a personal message at 1110. The customer may engage the mobile app to provide a tip, as shown by 1112”).
(“C12, L39-50 (82) Although the foregoing description has focused primarily on a financial institution assembling relevant data sets, processing the data, and sending the relevant data at appropriate times to its customer”).
receiving, by a server, a set of preferences corresponding to the first transaction type for the digital wallet profile, wherein the set of preferences comprise a tipping percentage;
storing, by a server, the first set of characteristics and the set of preferences corresponding to the first transaction type; receiving, by a server, a payment request from a point-of-sale (POS) terminal, wherein: the payment request is associated with a purchase; and
(“C11, L19-41 (71) After a customer receives service, the customer may be prompted to provide a tip… a valet at a theater may prompt a customer for a tip after a time period from when a show is over (e.g., 30 minutes after a show has ended and the customer has likely received his car from a valet). Also, the customer may be detected when the customer's car leaves a geofence around the theater or other indication (e.g., leaving a front gate or exit area, valet driveway, etc.). As shown in FIG. 11, a customer be notified of services rendered by a personal message at 1110”).
the payment request comprises a digital wallet profile identifier and a second set of characteristics;
identifying, by a server, the digital wallet profile using the digital wallet profile identifier;
determining, by a server, that the purchase associated with the payment request corresponds to the first transaction type based, at least in part, on one or more of the second set of characteristics matching one or more of the first set of characteristics;
(The examiner notes that the first and second set of characteristics are vague. See Claim Rejections - 35 USC §112(b) above. Also, the examiner interprets “the digital wallet profile identifier” as transaction type information (previously identified)). As written, the claim elements are addressed by the prior art as follow: “C7, L61-C8-L7 (47) An embodiment of the present invention may also recognize the type of service the customer received and then suggest an appropriate tip amount. The customer may also predetermine a single tip amount or multiple tip amounts, etc. For example, the customer may predefine a tip amount for a particular service”).
(“C11, L43-50 (72) By engaging the mobile app, the customer may leave a tip of a predetermined amount at 1212 or a customized amount at 1210. The tip amount may be predetermined by the customer, customized based on past customer tipping behavior and/or based on the type or price of services rendered. Other ways for determining a tip amount may be implemented”).
determining, by the server, a tip amount based, at least in part, on determining that the purchase associated with the payment request corresponds to the first transaction type and the tipping percentage
(“C7, L61-C8-L7 (47) At step 216, the customer may customize a tip amount and/or message. Upon receiving the prompt, the customer may enter a tip amount or confirm a suggested tip amount. An embodiment of the present invention may also recognize the type of service the customer received and then suggest an appropriate tip amount. The customer may also predetermine a single tip amount or multiple tip amounts, etc. For example, the customer may predefine a tip amount for a particular service. According to another example, the customer may predefine a schedule of tip amounts for corresponding services. Also, based on prior tips, an embodiment of the present invention may learn the customer's tip amount preferences and suggest amounts based on historical customer data”).
(“C11, L43-50 (72) FIG. 12 is an exemplary screen shot illustrating a tip app screen, according to an embodiment of the present invention. By engaging the mobile app, the customer may leave a tip of a predetermined amount at 1212 or a customized amount at 1210. The tip amount may be predetermined by the customer, customized based on past customer tipping behavior and/or based on the type or price of services rendered. Other ways for determining a tip amount may be implemented”).
transmitting, by the server, a payment confirmation to the POS terminal, wherein the payment confirmation comprises: payment information; and the tip amount
(“C8, L8-13 (48) At step 218, the customer may receive an acknowledgement from the service provider. The customer may receive a “thank you” message from service provider. Also, when the service provider receives and accepts the tip, an automatic acknowledgement may be sent to the customer for confirmation”).
generating, by the server, a report for display, wherein the report corresponds to the first transaction type and the report comprises: a cost of the purchase; the tip amount; and an indication that the purchase and tip amount corresponds to the first transaction type; and transmitting, by the server, the report to a user device
(“C8, L8-13 (48) At step 218, the customer may receive an acknowledgement from the service provider. The customer may receive a “thank you” message from service provider. Also, when the service provider receives and accepts the tip, an automatic acknowledgement may be sent to the customer for confirmation”).
(“C12, L39-50 (82) Although the foregoing description has focused primarily on a financial institution assembling relevant data sets, processing the data, and sending the relevant data at appropriate times to its customer, the system may be operated and maintained by other types of commercial entities who may configure the system to provide similar advantages to their customers. In additional, while the foregoing description has focused primarily on the customer spend, the principles of the invention can be applied to other vendors and entities where the operating entity can assemble and provide relevant, timely information to enhance the customer's experience”).
Nicolau does not disclose, however, Aabye teaches
[a digital wallet]
(“[0062] A digital wallet client may be provided as any suitable software that provides front end functionality of the digital wallet to the user. For example, the digital wallet client may be embodied as a digital wallet software application downloadable by a communication device such as the mobile device 110 (which may be a mobile phone). In some instances, the digital wallet client may provide a user interface (such as a series of menus or other elements) that allows the user to manage his digital wallet(s) (i.e. the digital wallet client may enable interaction with the digital wallet server, and thereby the digital wallet database 171). In some embodiments, the digital wallet client may store data in a computer-readable memory for later use, such as user preferences or identifiers associated with funding sources added to the digital wallet. The data may be stored in a secure execution environment 111 associated with the mobile device of the user”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Nicolau to include [a digital wallet] as taught by Aabye to store and process user’s financial information and to reduce the need to enter payment credentials or present a physical card each time a payment transaction is conducted. See paragraph 3 “[0003] Digital wallets are becoming increasingly popular for conducting various types of transactions. A digital wallet can store financial account information or other information associated with a user, for example, information associated with credit cards, debit cards, coupons, rewards, receipts, concert tickets, and the like. A digital wallet may be linked to a user's payment credentials as well as personal information. The wallet data may reside on a communication device such as a user's mobile device or a personal computer, on a server of a wallet provider or other cloud storage, and may be obtained by and transferred to a merchant from a user's communication device. This reduces the need to enter payment credentials or present a physical card each time a payment transaction is conducted.”
Regarding claim 2, the combination of Nicolau and Aabye, as shown in the rejection above, discloses the limitations of claim 1.
Nicolau further discloses
wherein the payment information includes a credit card identifier
(“C5, L59-C6-L5 (35) Payment server 122 enables user or account holder 130 to make payments by interfacing with other servers owned and/or operated by the financial institution 120 and/or other entities. The app server 128 may interface with other servers owned and/or operated by the financial institution. For example, payment server 122 may interface with a credit card server and associated database that stores and processes credit card transactions for credit card holders of the financial institution 120. Payment server 122 may also interface with a rewards program server and associated database that stores and processes rewards information for account holders at the financial institution 120. The foregoing description is merely one example of a configuration for such functions and is not intended to be limiting”).
Regarding claim 4, the combination of Nicolau and Aabye, as shown in the rejection above, discloses the limitations of claim 1.
Nicolau further discloses
transmitting the payment confirmation causes the POS terminal to add a tip corresponding to the tip amount to the purchase
(The examiner notes that claim 4 is rejected for introducing new matter. See Claim Rejections - 35 USC § 112(a) above. As such, the relevant prior art is “C7, L61-C8-L7 (47) At step 216, the customer may customize a tip amount and/or message… invention may also recognize the type of service the customer received and then suggest an appropriate tip amount. The customer may also predetermine a single tip amount or multiple tip amounts, etc. For example, the customer may predefine a tip amount for a particular service. According to another example, the customer may predefine a schedule of tip amounts for corresponding services”).
Regarding claim 6, the combination of Nicolau and Aabye, as shown in the rejection above, discloses the limitations of claim 1.
Nicolau further discloses
transmitting, by the server, a notification based, at least in part on associating the purchase with the first transaction type, wherein the notification requests confirmation that the purchase corresponds to the first transaction type
(“C9, L51-C10-L4 (59) the tipper may generate a code. At step 414, the service provider may receive and/or scan the code.) and
(“C11, L19-41 (71) confirmation of services rendered from a service provider”).
(“C12, L39-50 (82) Although the foregoing description has focused primarily on a financial institution assembling relevant data sets, processing the data, and sending the relevant data at appropriate times to its customer, the system may be operated and maintained by other types of commercial entities who may configure the system to provide similar advantages to their customers).
Regarding claim 7, the combination of Nicolau and Aabye, as shown in the rejection above, discloses the limitations of claim 1.
Nicolau further discloses
receiving, by the server, a confirmation that the payment request corresponds to the first transaction type, and wherein transmitting, by the server, the report to the user device is based, at least in part, on receiving the confirmation that the payment request corresponds to the first transaction type
(“C9, L51-C10-L4 (59) the tipper may generate a code. At step 414, the service provider may receive and/or scan the code.) and
(“C11, L19-41 (71) confirmation of services rendered from a service provider”).
Regarding claim 8, the combination of Nicolau and Aabye, as shown in the rejection above, discloses the limitations of claim 1.
Nicolau further discloses
the first transaction type corresponds to a personal expense
(“C11, L19-41 (71) After a customer receives service, the customer may be prompted to provide a tip… a valet at a theater may prompt a customer for a tip after a time period from when a show is over (e.g., 30 minutes after a show has ended and the customer has likely received his car from a valet). Also, the customer may be detected when the customer's car leaves a geofence around the theater or other indication (e.g., leaving a front gate or exit area, valet driveway, etc.). As shown in FIG. 11, a customer be notified of services rendered by a personal message at 1110”).
Regarding claim 9, the combination of Nicolau and Aabye, as shown in the rejection above, discloses the limitations of claim 1.
Nicolau further discloses
the first set of characteristics comprise a time frame and the second set of characteristics comprise a time within the time frame
(“C11, L19-41 (71) confirmation of services rendered from a service provider, time limit or timing (e.g., end of services rendered) … In addition, a customer may be prompted based on timing or time period. In this scenario, a valet at a theater may prompt a customer for a tip after a time period from when a show is over (e.g., 30 minutes after a show has ended and the customer has likely received his car from a valet)”).
Regarding claim 10, the combination of Nicolau and Aabye, as shown in the rejection above, discloses the limitations of claim 1.
Nicolau further discloses
the first set of characteristics comprise a location and the second set of characteristics comprise the location.
(“C11, L19-41 (71) An embodiment of the present invention may detect that a customer has received a service in various ways, including geolocation, confirmation of services rendered from a service provider, time limit or timing (e.g., end of services rendered), etc. The customer may be detected as leaving a geofence or other location around a service provider”).
Claim 11 is rejected using the same rationale that was used for the rejection of claim 1.
Claim 12 is rejected using the same rationale that was used for the rejection of claim 2.
Claim 13 is rejected using the same rationale that was used for the rejection of claim 3.
Claim 14 is rejected using the same rationale that was used for the rejection of claim 4.
Claim 15 is rejected using the same rationale that was used for the rejection of claim 5.
Claim 16 is rejected using the same rationale that was used for the rejection of claim 6.
Claim 17 is rejected using the same rationale that was used for the rejection of claim 7.
Claim 18 is rejected using the same rationale that was used for the rejection of claim 8.
Claim 19 is rejected using the same rationale that was used for the rejection of claim 9.
Claim 3 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Nicolau in view of Aabye, further in view of and Zheng (20140195422).
Regarding claim 3, the combination of Nicolau and Aabye, as shown in the rejection above, discloses the limitations of claim 1.
The combination of Nicolau and Aabye do not disclose but Zheng does teaches
However, Zheng teaches
wherein the first transaction type corresponds to a business expense
([0002] The present invention is generally related to digital wallet technology.)
(“[0036] In the example illustrated in FIG. 3, a user has setup folders and subfolders for business expenses, business travel and tax deductions (e.g., health expenses and charitable deductions). A user interface is provided for a user to organize digital receipts into categories and folders in a digital receipt repository. The actual storage of the digital receipts in the repository may be performed in a database associated with the server 240. Alternately, the storage of the digital receipts may be performed at other storage locations. For example, a consumer may desire that the storage (or a subset thereof) also be mirrored or provided on another location or service”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the combination Nicolau and Aabye to include wherein the first transaction type corresponds to a business expense as taught by Zheng to classify certain expense to efficiently manage reimbursements and business tax deductibility. See “[0039] Interfaces may be provided to download organized receipts or otherwise provide copies of one or more folders or subfolders. For example, folders of receipts may be downloaded to the user's computer, imported into other applications or programs, or selected folders provided to necessary parties. This facilitates actions such as requesting reimbursements for business expenses, preparing tax returns, and using a financial program to monitor monthly and yearly expenses for budgeting purposes.”
Claim 5 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Nicolau in view of Aabye, further in view of and Nelms (20190197529).
Regarding claim 5, the combination of Nicolau and Aabye, as shown in the rejection above, discloses the limitations of claim 1.
The combination of Nicolau and Aabye do not disclose but Nelms does teaches
However, Nelms teaches
receiving, by the server, a digital receipt from the POS terminal based, at least in part, on a digital receipt preference, wherein the payment confirmation comprises the digital receipt preference
(“[0013] an exemplary method of digital wallet management is provided”).
(“[0061] Upon completing the first transaction, the POS system 104 can print or issue a receipt (e.g., via a printer 122) or a digital receipt (e.g., view e-mail, sms message, via an web account). In some embodiments, the POS system 104 can output a physical, printed receipt for the user after the first transaction. In some embodiments, the POS system 104 can output an electronic/digital receipt (e.g., e-mailed to the user's e-mail address)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the combination Nicolau and Aabye to include receiving, by the server, a digital receipt from the POS terminal based, at least in part, on a digital receipt preference, wherein the payment confirmation comprises the digital receipt preference as taught by Nelms to facilitate transaction payment by applying prior transaction as precedent of individual preference to the digital wallet payment system. See “[0003] Exemplary embodiments of the present disclosure provide a system for digital wallet management that facilitates addition of payment methods to a digital wallet (e.g., an electronic and/or mobile wallet) based on prior use of the payment methods apart from the digital wallet. During checkout by the customer with a payment method, the system captures and securely collects the payment account information associated with the transaction. The physical or electronic receipt for the transaction can include a unique machine-readable element associated with the transaction… The system can retrieve the payment account information based on the transaction record to substantially automatically populate the payment account information into the digital wallet of the customer… The exemplary system therefore provides a convenient and effective manner in populating and managing a digital wallet, simplifying the user interface and minimizing the data entry required to add payment account information to the digital wallet.
Response to Arguments
Applicant's arguments filed 4/8/26 have been fully considered but they are not persuasive.
In response to applicant's argument that:
“35 U.S.C. § 112… Applicant respectfully disagrees with the rejections, but has amended the claims to expedite prosecution,”
the examiner respectfully disagrees. The applicant has not addressed all the 35 U.S.C. § 112 rejections stated in the prior office action. See Claim Rejections - 35 USC §112(b) above.
In response to applicant's argument that:
“35 U.S.C. § 101… Applicant respectfully disagrees with the rejections, but has amended the claims to expedite prosecution,”
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) “determining, by the server, a tip amount based, at least in part, on determining that the purchase associated with the payment request corresponds to the first transaction type and the tipping percentage”; and
(2) “generating, by the server, a report for display, wherein the report corresponds to the first transaction type and the report comprises: a cost of the purchase; the tip amount; and an indication that the purchase and tip amount corresponds to the first transaction type; and transmitting, by the server, the report to a user device”.
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 the tip amount is based on the transaction type and referenced tipping percentage, which is an abstract idea; and
the resulting data is displayed/reported for the user, this is a process and not a technological innovation.
These are just process and abstract ideas. There is no technological advancement.
Note that the technical element “the server” is recited at a high level of generality (to calculate the tip using a reference data and to display the results). 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:
“35 U.S.C. § 103… However, none of the cited references, neither alone nor in combination, teach or render obvious determining, by a server, a tip amount based, at least in part, on determining that a purchase associated with a payment request corresponds to a first transaction type and a tipping percentage and then generating, by the server, a report for display, wherein the report corresponds to the first transaction type,”
the examiner respectfully disagrees. Nicolau teaches a transaction system capable of recognizing the type of service along with the predetermined tip amount for the particular service. See C7, L61-C8-L7 (47): “At step 216, the customer may customize a tip amount and/or message. Upon receiving the prompt, the customer may enter a tip amount or confirm a suggested tip amount. An embodiment of the present invention may also recognize the type of service the customer received and then suggest an appropriate tip amount. The customer may also predetermine a single tip amount or multiple tip amounts, etc. For example, the customer may predefine a tip amount for a particular service. According to another example, the customer may predefine a schedule of tip amounts for corresponding services. Also, based on prior tips, an embodiment of the present invention may learn the customer's tip amount preferences and suggest amounts based on historical customer data”. Nicolau also teaches that the system has a tip amount that is predetermined by the customer based on the type or price of services rendered. See C11, L43-50 (72): “FIG. 12 is an exemplary screen shot illustrating a tip app screen, according to an embodiment of the present invention. By engaging the mobile app, the customer may leave a tip of a predetermined amount at 1212 or a customized amount at 1210. The tip amount may be predetermined by the customer, customized based on past customer tipping behavior and/or based on the type or price of services rendered. Other ways for determining a tip amount may be implemented”. Finally, the system can also send the customer conformation of the service. See “C8, L8-13 (48) At step 218, the customer may receive an acknowledgement from the service provider. The customer may receive a “thank you” message from service provider. Also, when the service provider receives and accepts the tip, an automatic acknowledgement may be sent to the customer for confirmation”. And “C12, L39-50 (82) Although the foregoing description has focused primarily on a financial institution assembling relevant data sets, processing the data, and sending the relevant data at appropriate times to its customer, the system may be operated and maintained by other types of commercial entities who may configure the system to provide similar advantages to their customers. In additional, while the foregoing description has focused primarily on the customer spend, the principles of the invention can be applied to other vendors and entities where the operating entity can assemble and provide relevant, timely information to enhance the customer's experience”.
In response to applicant's argument that:
“Aabye fails to teach or render obvious determining, by a server, a tip amount based, at least in part, on determining that a purchase associated with a payment request corresponds to a first transaction type and a tipping percentage and then generating, by the server, a report for display, wherein the report corresponds to the first transaction type,”
the examiner respectfully disagrees. These elements are taught by Nicolau. See above.
In response to applicant's argument that:
“Zheng is silent regarding determining, by a server, a tip amount based, at least in part, on determining that a purchase associated with a payment request corresponds to a first transaction type. Accordingly, Zheng fails to teach or render obvious determining, by a server, a tip amount based, at least in part, on determining that a purchase associated with a payment request corresponds to a first transaction type and a tipping percentage and then generating, by the server, a report for display, wherein the report corresponds to the first transaction type,”
the examiner respectfully disagrees. Again, these elements are taught by Nicolau. See above.
In response to applicant's argument that:
“Nelms fails to cure the deficiencies of Nicolau, Aabye, and Zheng describe above. Accordingly, none of the cited references, neither alone nor in combination, teach or render obvious determining, by a server, a tip amount based, at least in part, on determining that a purchase associated with a payment request corresponds to a first transaction type and a tipping percentage and then generating, by the server, a report for display, wherein the report corresponds to the first transaction type,”
the examiner respectfully disagrees. There are no deficiencies. These elements are taught by Nicolau. See 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.
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/MARK H GAW/Examiner, Art Unit 3693
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