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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed a judicial exception (i.e., an abstract idea) without significantly more.
Step 1 – Statutory Categories
As indicated in the preamble of the claim, the examiner finds the claim is directed to a process, machine, manufacture, or composition of matter.(Claims 11-18 are processes and Claims 1-10 and 19-20 are machines). Accordingly, step 1 is satisfied.
Step 2A – Prong 1: was there a Judicial Exception Recited
Claim 1 (and similarly Claims 11 and 19) recites the following abstract concepts that are found to include “abstract idea.” Any additional elements will be analyzed under Step 2A-Prong 2 and Step 2B:
a wireless power/communication interface;
an energy storage device; one or more processors; and
a memory device storing computer-executable instructions thereon that, when executed by the one or more processors, cause the one or more processors to:
receive a transaction request from a cardholder device associated with a cardholder (See MPEP 2106.04(a)(2)(II)(A) Certain Methods of Organizing Human Activity-Fundamental Economic Practices, local processing of payments for remotely purchased goods, Inventor Holdings, LLC v. Bed Bath Beyond, 876 F.3d 1372, 1378-79, 125 USPQ2d 1019, 1023 (Fed. Cir. 2017).);
determine that the transaction request corresponds to a direct electrical energy transfer transaction, the direct electrical energy transfer transaction involving a purchase of goods or services by the cardholder in exchange for an amount of electrical energy transferrable to a merchant via the cardholder device (See MPEP 2106.04(a)(2)(II)(A) Certain Methods of Organizing Human Activity-Fundamental Economic Practices, local processing of payments for remotely purchased goods, Inventor Holdings, LLC v. Bed Bath Beyond, 876 F.3d 1372, 1378-79, 125 USPQ2d 1019, 1023 (Fed. Cir. 2017).);
transmit a transaction cost of the purchase of goods or services to the cardholder device, the transaction cost including a cash currency value and an electrical energy amount equivalent to the cash currency value (See MPEP 2106.04(a)(2)(II)(A) Certain Methods of Organizing Human Activity-Fundamental Economic Practices, local processing of payments for remotely purchased goods, Inventor Holdings, LLC v. Bed Bath Beyond, 876 F.3d 1372, 1378-79, 125 USPQ2d 1019, 1023 (Fed. Cir. 2017).);
receive payment data from the cardholder device (See MPEP 2106.04(a)(2)(II)(A) Certain Methods of Organizing Human Activity-Fundamental Economic Practices, local processing of payments for remotely purchased goods, Inventor Holdings, LLC v. Bed Bath Beyond, 876 F.3d 1372, 1378-79, 125 USPQ2d 1019, 1023 (Fed. Cir. 2017).);
transmit a payment authorization request message for the direct electrical energy transfer transaction to a payment network for approval, the payment authorization request message including the payment data (See MPEP 2106.04(a)(2)(II)(A) Certain Methods of Organizing Human Activity-Fundamental Economic Practices, local processing of payments for remotely purchased goods, Inventor Holdings, LLC v. Bed Bath Beyond, 876 F.3d 1372, 1378-79, 125 USPQ2d 1019, 1023 (Fed. Cir. 2017).);
receive a payment authorization request response message from the payment network, the payment authorization request message including an approval of the direct electrical energy transfer transaction (See MPEP 2106.04(a)(2)(II)(A) Certain Methods of Organizing Human Activity-Fundamental Economic Practices, local processing of payments for remotely purchased goods, Inventor Holdings, LLC v. Bed Bath Beyond, 876 F.3d 1372, 1378-79, 125 USPQ2d 1019, 1023 (Fed. Cir. 2017).);
after receiving approval of the direct electrical energy transfer transaction, receive, via the wireless power/communication interface, an amount of electrical energy from the cardholder device (See MPEP 2106.04(a)(2)(II)(A) Certain Methods of Organizing Human Activity-Fundamental Economic Practices, local processing of payments for remotely purchased goods, Inventor Holdings, LLC v. Bed Bath Beyond, 876 F.3d 1372, 1378-79, 125 USPQ2d 1019, 1023 (Fed. Cir. 2017).);
determine the amount of electrical energy received from the cardholder device (See MPEP 2106.04(a)(2)(II)(A) Certain Methods of Organizing Human Activity-Fundamental Economic Practices, local processing of payments for remotely purchased goods, Inventor Holdings, LLC v. Bed Bath Beyond, 876 F.3d 1372, 1378-79, 125 USPQ2d 1019, 1023 (Fed. Cir. 2017).);
store the amount of electrical energy in the energy storage device (See MPEP 2106.04(a)(2)(II)(A) Certain Methods of Organizing Human Activity-Fundamental Economic Practices, local processing of payments for remotely purchased goods, Inventor Holdings, LLC v. Bed Bath Beyond, 876 F.3d 1372, 1378-79, 125 USPQ2d 1019, 1023 (Fed. Cir. 2017).); and
conduct the transaction using payment with electrical energy based on the amount of electrical energy received (See MPEP 2106.04(a)(2)(II)(A) Certain Methods of Organizing Human Activity-Fundamental Economic Practices, local processing of payments for remotely purchased goods, Inventor Holdings, LLC v. Bed Bath Beyond, 876 F.3d 1372, 1378-79, 125 USPQ2d 1019, 1023 (Fed. Cir. 2017).).
Claim 1 (and similarly Claims 11 and 19) is directed to a series of steps for conducting a transaction, which is a commercial interaction and thus grouped as a certain method of organizing human interactions. The mere nominal recitation of a wireless power/communication interface, an energy storage device, processors, a memory device storing computer-executable instructions, a cardholder device, and a payment network does not take the claim out of the method of organizing human interactions. Thus, Claim 1 (and similarly Claims 11 and 19) recites an abstract idea.
Step 2A – Prong 2: Can the Judicial Exception Recited be integrated into a practical application
Limitations that are indicative of integration into a practical application:
Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
The identified abstract idea of exemplary Claim 1 (and similarly Claims 11 and 19) is not integrated into a practical application. The additional elements are: a wireless power/communication interface, an energy storage device, processors, a memory device storing computer-executable instructions, a cardholder device, and a payment network that implements the underlying abstract idea. These additional elements are broadly recited computer elements that do not add a meaningful limitation to the abstract idea because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. Claim 1 (and similarly Claims 11 and 19) is directed to an abstract idea.
Step 2B – Significantly More Analysis
Claim 1 (and similarly Claims 11 and 19) does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and in combination, steps a) receive a transaction request, b) determine that the transaction request corresponds to a direct electrical energy transaction, c) transmit a transaction cost of the purchase to the cardholder device, d) receive payment data, e) transmit a payment authorization request message to a payment network for approval, f) receive a payment authorization request response message from the payment network, g) receive an amount of electrical energy form the cardholder device, h) determine the amount of electrical energy received, i) store the amount of electrical energy in the energy storage device, and j) conduct the transaction using payment with electrical energy, do not add significantly more to the exception because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). Claim 1 (and similarly Claims 11 and 19) is ineligible.
Claim 2 (and similarly Claim 12) recites the abstract idea of Certain Methods of Organizing Human Activity-Fundamental Economic Practices. See MPEP 2106.04(a)(2)(II)(A).
Claim 3 (and similarly Claim 13), recites the abstract idea of Certain Methods of Organizing Human Activity-Fundamental Economic Practices. See MPEP 2106.04(a)(2)(II)(A).
Claim 4 (and similarly Claims 14 and 20), recites the abstract idea of Certain Methods of Organizing Human Activity-Fundamental Economic Practices. See MPEP 2106.04(a)(2)(II)(A).
Claim 5 (and similarly Claims 15 and 20), recites the abstract idea of Certain Methods of Organizing Human Activity-Fundamental Economic Practices. See MPEP 2106.04(a)(2)(II)(A).
Claim 6 (and similarly Claims 16 and 20), recites the abstract idea of Certain Methods of Organizing Human Activity-Fundamental Economic Practices. See MPEP 2106.04(a)(2)(II)(A).
Claim 7 (and similarly Claims 17 and 20), recites the abstract idea of Certain Methods of Organizing Human Activity-Fundamental Economic Practices. See MPEP 2106.04(a)(2)(II)(A).
Claim 8 (and similarly Claim 18), recites the abstract idea of Certain Methods of Organizing Human Activity-Fundamental Economic Practices. See MPEP 2106.04(a)(2)(II)(A).
Claim 9, recites the abstract idea of Certain Methods of Organizing Human Activity-Fundamental Economic Practices. See MPEP 2106.04(a)(2)(II)(A).
Claim 10, recites the abstract idea of Certain Methods of Organizing Human Activity-Fundamental Economic Practices. See MPEP 2106.04(a)(2)(II)(A).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2019/0147435 “Mehrhoff”, in view of US Pat Pub 2008/0122297 “Arai”.
As per Claims 1, 11, and 19, Mehrhoff discloses a system, method and non-transitory computer readable medium, comprising:
a wireless power/communication interface (Mehrhoff: [0073] Communication interface 414 may include, for example, a wired or wireless network adapter or a wireless data transceiver for use with a mobile phone network, Global System for Mobile communications (GSM), 3G, or other mobile data network or Worldwide Interoperability for Microwave Access (WIMAX), or an 802.11 wireless network (WLAN));
an energy storage device (Mehrhoff: [0023] Such delivery may be made to an electrical energy storage device such as a battery that may be part of a backup power supply of the merchant. Such delivery may include an accumulated delivery of electrical energy to the battery of the merchant over time, or a physical, bulk-transfer delivery of electrical energy via a separate energy storage device that the merchant may use.);
one or more processors (Mehrhoff: [0025] In one embodiment, the disclosure provides an electronic payment card processing system including at least one host computing device comprising at least one processor in communication with a memory device and a payment card issuer.); and
a memory device storing computer-executable instructions thereon that, when executed by the one or more processors (Mehrhoff: [0025] In one embodiment, the disclosure provides an electronic payment card processing system including at least one host computing device comprising at least one processor in communication with a memory device and a payment card issuer.), cause the one or more processors to:
receive a transaction request from a cardholder device associated with a cardholder (Mehrhoff: [0046] When a cardholder 102 tenders payment for a purchase with a payment card (also known as a financial transaction card), merchant 110 requests authorization from merchant bank 108 for the amount of the purchase. The request may be performed over the telephone or via a website, but is oftentimes performed through the use of a point-of-sale terminal, which reads the cardholder's account information from the magnetic stripe on the payment card and communicates electronically with the transaction processing computers of merchant bank 108.);
determine that the transaction request corresponds to a direct electrical energy transfer transaction, the direct electrical energy transfer transaction involving a purchase of goods or services by the cardholder in exchange for an amount of electrical energy transferrable to a merchant via the cardholder device (Mehrhoff: [0025] The at least one host computing device is configured to: accept payment card transaction data; analyze the payment card transaction data to identify an electrical energy-based transaction, wherein the electrical energy-based transaction involves a purchase of a good or service by a cardholder in exchange for an amount of electrical energy payable to a merchant via the payment card; and submit the payment card transaction data for the identified electrical energy-based transaction to the payment card issuer for approval.);
transmit a transaction cost of the purchase of goods or services to the cardholder device, the transaction cost including a cash currency value and an electrical energy amount equivalent to the cash currency value (Mehrhoff: [0025] The at least one host computing device is configured to: accept payment card transaction data; analyze the payment card transaction data to identify an electrical energy-based transaction, wherein the electrical energy-based transaction involves a purchase of a good or service by a cardholder in exchange for an amount of electrical energy payable to a merchant via the payment card; and submit the payment card transaction data for the identified electrical energy-based transaction to the payment card issuer for approval. If the identified payment card transaction data is approved, the at least one host computing device is further configured to either: initiate a cash value payment to the merchant for the amount of electrical energy; or initiate a delivery of the amount of electrical energy to an electrical energy storage device of the merchant.);
receive payment data from the cardholder device (Mehrhoff: [0068] For example, the cardholder may be provided a first available credit balance of $1500 and a second available energy credit balance of 15 kWh. For a particular transaction, the cardholder may choose to apply one or the other or both of the credit lines available to fund a transaction with an enrolled merchant.);
transmit a payment authorization request message for the direct electrical energy transfer transaction to a payment network for approval, the payment authorization request message including the payment data (Mehrhoff: [0028] accepting payment card transaction data with the at least one host device; analyzing the payment card transaction data by the at least one host device to determine whether the transaction data corresponds to an electrical energy-based transaction involving a purchase of a good or service by a cardholder in exchange for an amount of electrical energy payable to a merchant via the payment card; and submitting the payment card transaction data for the identified electrical energy-based transaction to the payment card issuer for approval. If the identified payment card transaction data is approved, the method includes either: initiating a cash value payment to the merchant for the amount of electrical energy; or initiating a delivery of the amount of electrical energy to an electrical energy storage device of the merchant.);
receive a payment authorization request response message from the payment network, the payment authorization request message including an approval of the direct electrical energy transfer transaction (Mehrhoff: [0028] accepting payment card transaction data with the at least one host device; analyzing the payment card transaction data by the at least one host device to determine whether the transaction data corresponds to an electrical energy-based transaction involving a purchase of a good or service by a cardholder in exchange for an amount of electrical energy payable to a merchant via the payment card; and submitting the payment card transaction data for the identified electrical energy-based transaction to the payment card issuer for approval. If the identified payment card transaction data is approved, the method includes either: initiating a cash value payment to the merchant for the amount of electrical energy; or initiating a delivery of the amount of electrical energy to an electrical energy storage device of the merchant.);
after receiving approval of the direct electrical energy transfer transaction, receive, via the wireless power/communication interface, an amount of electrical energy from the cardholder device (Mehrhoff: [0056] When the cardholder 202 opts to fund a payment card transaction with the merchant 204 using renewable energy credit funds, the merchant may receive delivery of the corresponding amount of electrical energy to the battery 218.);
store the amount of electrical energy in the energy storage device (Mehrhoff: [0023] Such delivery may be made to an electrical energy storage device such as a battery that may be part of a backup power supply of the merchant. Such delivery may include an accumulated delivery of electrical energy to the battery of the merchant over time, or a physical, bulk-transfer delivery of electrical energy via a separate energy storage device that the merchant may use.); and
conduct the transaction using payment with electrical energy based on the amount of electrical energy received (Mehrhoff: [0092] As such, the system can conduct an energy-based transaction based on stored energy accumulated by a cardholder's renewable power generation system that has not been returned to the power grid, and as such no corresponding energy credit from the electrical provider has been issued.).
Mehrhoff fails to disclose but Arai teaches a system, method and non-transitory computer readable medium, comprising:
determine the amount of electrical energy received from the cardholder device (Arai: [0049] When a rectangular pulse signal is output for a certain period of time as the power signal transmitted by the power signal transmission portion 122, a measuring portion 124 counts the number of pulses to measure the amount of power supplied to the power storage device 10. Even in the case where pulse modulation is not performed, power signals are transmitted intermittently and the measuring portion 124 measures the number of times the power signals are transmitted. By thus measuring the power signal output from the power signal transmission portion 122 by the measuring portion 124, the amount of power supplied to the power storage device 10 can be known.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mehrhoff to include determining an amount of energy received as taught by Arai, when using energy transfer for payment as taught by Mehrhoff with the motivation to unify management of customer information such as billing (Arai: Abstract).
As per Claims 2 and 12, Mehrhoff discloses a system and method, said computer-executable instructions further causing the one or more processors to establish, via the wireless power/communication interface, an inductive link with the cardholder device (Mehrhoff: [0105]).
As per Claims 3 and 13, Mehrhoff discloses a system and method, said computer-executable instructions further causing the one or more processors to present one or more instructions to the cardholder instructing the cardholder to place the cardholder device proximate the wireless power/communication interface (Mehrhoff: [0105]).
As per Claims 4, 14, and 20, Mehrhoff discloses a system, method, and non-transitory computer readable medium, said step of determining the amount of electrical energy received from the cardholder device comprises determining that the amount of electrical energy received is less than the electrical energy amount equivalent to the cash currency value (Mehrhoff: [0028]-[0029]),
based on the determination, said computer-executable instructions further causing the one or more processors to initiate a cash value transaction for a currency amount due (Mehrhoff: [0028]-[0029]).
As per Claims 5, 15, and 20, Mehrhoff discloses a system, method, and non-transitory computer readable medium, said computer-executable instructions further causing the one or more processors to determine the currency amount due, comprising:
converting the amount of electrical energy received to a cash value (Mehrhoff: [0028]-[0029]); and
subtract the cash value from the cash currency value, wherein a resulting difference is the currency amount due (Mehrhoff: [0028]-[0029]).
As per Claims 6, 16, and 20, Mehrhoff discloses a system, method, and non-transitory computer readable medium, said computer-executable instructions further causing the one or more processors to:
transmit an energy value request message to the payment network (Mehrhoff: [0028]); and
receive energy value data from the payment network (Mehrhoff: [0029]).
As per Claims 7, 17, and 20, Mehrhoff discloses a system, method, and non-transitory computer readable medium, wherein the energy value data includes currency conversion data that allows a quantity of electrical energy to be converted to a cash value (Mehrhoff: [0022]).
As per Claims 8 and 18, Mehrhoff discloses a system and method, said operation of receiving the transaction request from the cardholder device comprising receiving a cardholder-selected payment method, the payment method comprising one of the following:
pay the transaction cost with electrical energy only (Mehrhoff: [0021]); and
pay the transaction cost using a combination of electrical energy and one or more of cash and a payment account associated with the cardholder (Mehrhoff: [0021]).
As per Claim 9, Mehrhoff discloses a system, said energy storage device comprising an electrochemical energy storage device (Mehrhoff: [0027]).
As per Claim 10, Mehrhoff discloses a system, said electrochemical energy storage device comprising one or more batteries (Mehrhoff: [0027]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REVA R MOORE whose telephone number is (571)270-7942. The examiner can normally be reached M-Th: 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fahd Obeid can be reached at 571-270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REVA R MOORE/ Examiner, Art Unit 3627
/PETER LUDWIG/ Primary Examiner, Art Unit 3627