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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/08/2026 has been entered.
Status of Claims
Claims 1-4, 11-16 and 21 are currently amended.
Claim 10 is previously cancelled.
Claims 1-9 and 11-21 are pending.
Response to Arguments
Regarding 35 U.S.C. 112 rejections- are withdrawn.
Regarding 35 U.S.C. 101 rejections- the 35 U.S.C. 101 rejections are maintained. It is maintained that claims are directed to "performing a transaction by providing or using a credential" which is an abstract idea that can be grouped under certain methods of organizing human activity related to managing transactions between people in sales activities. In response to the Applicant’s assertion that there is technology being used in the Applicant’s invention or that the invention is not “divorced from technology”, in the Step 2A one analysis it is clear that the use of technology is involved- However, this was also the case in the now famous Supreme Court Alice Corp case where the claims involved a computer system for managing shadow accounts. In the Supreme Court case, as is here, the determination of whether the claims were directed to an abstract idea was gleaned from the claims as well as the specification/disclosure. Here, the Applicant’s disclosure purports to use a credential to perform a transactions wherein the credential may be associated with an account (e.g., credit card, debit card, etc.,)[see Applicant’s specification, ¶0017]. The specification also suggests that the transaction being performed may be sales activities [see Applicant’s specification, ¶0020-wherein the first user may place a transaction limit (e.g., spending limit) on the credential using the first electronic device. The user placing a spending limit suggests sales transactions as well as human decision making as to how much is being spent. It is also the case of the user selecting a time duration (e.g., time limit] for using the credential. It is maintained that spending and time limits set by the user under the broadest reasonable interpretation can be considered abstract agreements (or at least involving terms and conditions similar to contracts) without which the credential cannot be used and/or activated for making transactions that involve spending.
Thus it is clear that, under Step2A, prong 1 the claims are directed to an abstract idea.
Now moving to the Step 2A, prong 2, the determination of whether the additional elements integrate the abstract idea into a practical application are based upon whether [1] an additional element reflects an improvement to the other technology of technical field, [2] an additional element uses the judicial exception in conjunction with a particular machine that is integral to the claim, [3] an additional element reflects a transformation or reduction of a particular article., [4] an additional element applies or uses or uses the judicial exception in some other meaningful way besides linking it to a particular technological environment.
The Applicant asserts that, “The improvement lies in deterministic, device-enforced credential state control triggered by communication loss, eliminating reliance on human behavior or trust.” [see Applicant’s, Remarks page 10]. It is also suggested that the functioning of the computer is improved at least because the ability of the first device to use a credential based upon the second device being within of the first device. It is maintained that it is known that the communication technology of certain devices (radiofrequency, near-field, wireless cell, satellites, internet etc.,) conventionally have and use network technology which require to be within certain signal proximities which physically drop off based upon one over the square of the distance and based on the signal strength (e.g., wavelength) being used. It is also the case that receiving and transmitting data over a network, e.g., using the network to gather data are recognized by the courts as computer functions which are well-understood, routine and conventional.
Thus for the following reasons, the 35 U.S.C. 101 rejections is maintained below.
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.
Claim(s) 1-9 and 11-21 are rejected under 35 U.S.C. 101 because the invention is directed to an abstract idea without significantly more.
In the instant case, claim 1 a method. Claim 9 to a computer readable medium. Claim 16 is directed to a system.
Claim 1 is directed to the abstract idea of "performing a transaction by providing or using a credential" which is grouped under certain methods of organizing human activity related to managing transactions between people in sales activities in prong one of step 2A (See 2019 Revised Patent Subject Matter Eligibility Guidance).
Claim 1 recites "providing... a request to use a credential…; and in response to a determination,…that the second device is in proximity to the first device;…receiving,…,
activating, using the activation information, the credential…
and performing,…, a transaction using the credential; and determining that the first device is no longer within proximity to the second device from the use of the credential...”
According, the claim recites an abstract idea (see 2019 Revised Patent Subject Matter Eligibility Guidance).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A (See 2019 Revised Patent Subject Matter Eligibility Guidance), the additional elements of the claim such as a first device and a second device or a system comprising memory and a processor are recited at a high level of generality and thus represent the use of a computers as a tool to perform an abstract idea and/or does no more than generally link the abstract idea to a particular field of use. Therefore, the additional elements do not integrate the abstract idea into a practical application as they do no more than represent a computer performing functions that correspond to using rules to authorize a financial transaction.
When analyzed under step 2B (See 2019 Revised Patent Subject Matter Eligibility Guidance), the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception itself. Viewed as a whole, the combination of elements recited in the claims merely describe the concept of performing a transaction by providing or using a credential. Therefore, the use of these additional elements does no more than employ a computer as a tool to automate and/or implement the abstract idea, as well as does not more than generally link the use of the judicial exception to a particular technological environment of field of use. (MPEP 2106.05(I)(A)(f) & (h)).
Hence, claim 1 is not patent eligible. Independent claims 9 and 16 are similarly rejected.
Claims 2-8 and 11-21 further recite steps and functions which are used to implement the abstract idea of performing a transaction by providing or using a credential and thus do not provide significantly more than the abstract idea itself.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-9 and 11-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chester (US 2018/0082288).
Regarding claim 1, Chester discloses (Currently amended) A method (Figs. 4-6), comprising:
providing, by a first device (item# 102B) to a second device (item# 102A), a request to use a credential stored on the second device;(Fig. 4)(item#400)(item# 402)[¶0053];(Fig. 5)(item# 500)(item# 502)[¶0060] and
in response to a determination, based on a communication between the first device and the second device, that the second device is in proximity to the first device[[,]] [¶0018],[¶0030]
establishing, between a first wireless communication interface of the first device and a second wireless communication interface of the second device, a wireless communication link, [¶0018][102-AB, may communicate with each other via direct wireless communication channel (e.g., Bluetooth, Wi-Fi, and the like]
receiving, via the wireless communication link, access to the credential at the first device[[;]],[¶0053],[¶0060] and from the second device credential activation information, the credential activation information comprising at least one of a verification value, a token, or an acknowledgement,
activating, using the credential activation information, the credential on the first device by transitioning the credential from an inactivity,[¶0030], [¶0057]
performing, by the first device and without use of the second device, a transaction using the credential;[¶0019], [¶0022-¶0023], [¶0058] and
in response to determining that the first device is no longer within the proximity to the second device, [¶0054]
preventing the first device from use of the credential. [¶0054 – the credential (item# 210A) can be frozen]
Regarding claim 2, Chester discloses wherein receiving the access comprises receiving a provisioned instance of the credential. [¶0021-wherein 102A-B credentials are used in direct cloud based mobile payment system]
Regarding claim 3, Chester discloses wherein the transaction comprises establishing a wireless communication link comprises establishing between a first wireless communication interface of the first device and a second wireless communication interface of the second device, peer-to-peer network. [¶0019-wireless payment terminal],[¶0017], [¶0022]
Regarding claim 4, Chester discloses, based on the active state, the credential is usable by the first device to perform the transaction.[¶0056-¶0057]
Regarding claim 5, Chester discloses further comprising receiving, over a network used to determine the second device is in proximity to the first device, a verification value associated with the credential. [¶0018],[¶0030]
Regarding claim 6, Chester discloses wherein the credential comprises one or more conditions that include at least one of a time limit for using the credential by the first device, a spending limit for using the credential by the first device, or a transaction limit for the credential by the first device.[¶0014-stored monetary value interpreted as spending or transaction limit]
Regarding claim 7, Chester discloses further comprising deactivating, based on a nonsatisfaction of at least one of the one or more conditions, the credential.[¶0032], [¶0054], [¶0055]
Regarding claim 8, Chester discloses wherein the credential is based on an account stored on the second device.[¶0021], [¶0023]
Regarding claim 9, Chester discloses a non-transitory computer-readable medium [¶0078], comprising:
computer-readable instructions that, when executed by a processor (Fig. 2)(item# 202)[¶0035], cause the processor to perform one or more operations comprising:
receiving, at a first device, a first portion of a credential that is provisioned on a second device;[¶0053], [¶0060]
after receiving the first portion of the credential, providing, to the second device, a request to use the credential; [¶0053], [¶0060]
in response to a determination, based on a communication between the first device and the second device, that the second device is in proximity to the first device: [¶0018],[¶0030]
establishing, between a first wireless communication interface of the first device and a second wireless communication interface of the second device, a wireless communication link, receiving, via the wireless communication link and at the first device in response to the request, a second portion of the credential from the second device; [¶0053],[¶0060]
activating the credential based at least in part on the first portion and second portion; [¶0056-¶0057]
[[and]] performing, by the first device and without use of the second device, a transaction using the activated credential; [¶0019], [¶0022-¶0023]
and in response to a determination that the first device is no longer within the proximity to the second device, preventing the first device from use of the credential. [¶0018],[¶0030], [¶0054]
10. (Canceled).
Regarding claim 11, Chester discloses, wherein the transaction is based on one or more conditions of the activated credential. [¶0014], [¶0057]
Regarding claim 12, Chester discloses, wherein the one or more conditions comprise at least one of a time limit for using the activated credential, a spending limit for using the activated credential, or a transaction limit for the activated credential. [¶0014-¶0015, ¶0017]]
Regarding claim 13, Chester discloses providing a request to override the one or more conditions to perform the transaction using the activated credential. [¶0057]
Regarding claim 14, Chester discloses wherein the transaction comprises a payment-based transaction. [¶0003], [¶0014], [¶0017]
Regarding claim 15. Chester discloses, wherein performing the transaction comprises performing, by the first device, the transaction. [¶0057]
Regarding claim 16, Chester discloses (Currently amended) A system, comprising:
a memory (item# 204); [[and]]
a first wireless communication interface and a processor (item# 202) configured to:
receive a credential in an inactive state;[¶0061]
provide a request to a device to use the credential;[¶0053],[¶0060]
in response to a determination, based on a communication between the processor and the device, that the device being within a proximity to the processor[[,]] [¶0018],[¶0030]
establish, between the first wireless communication interface and a second wireless communication interface of the device, a wireless communication link, receive, via the wireless communication link and from the device, credential activation information; [¶0018][102-AB, may communicate with each other via direct wireless communication channel (e.g., Bluetooth, Wi-Fi, and the like], [¶0056-¶0057]
activate the credential using the credential activation information; [¶0057] [[and]] perform, without use of the device, a transaction using the activated credential; [¶0057] and
in response to a determination that the processor is no longer within the proximity to the device, prevent the processor from use of the credential. [¶0018],[¶0030]
Regarding claim 17, Chester discloses, wherein in the inactive state, the credential is inaccessible by a user.[¶0032],[¶0061]
Regarding claim 18, Chester discloses, wherein the activated credential comprises a verification value or a token.[¶0024-scripts], [¶0028]
Regarding claim 19, Chester discloses, further comprising a communication interface, wherein the proximity is determined based on the communication interface. [¶0018],[¶0030]
Regarding claim 20, Chester discloses , wherein the processor is further configured to perform the transaction based on one or more conditions of the activated credential. [¶0014-¶0015]
Regarding claim 21, Chester discloses a computer-readable medium of claim 9, wherein performing the transaction comprises:
receiving the credential in an inactive state; [¶0061]
receiving, via the wireless communication link and from the device, credential activation information; [¶0014-¶0015, ¶0017, ¶0057]]
activating the credential using the credential activation information;[¶0030, ¶0057]] and
performing the transaction using the activated credential.[¶0058]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S FELTEN whose telephone number is (571)272-6742. The examiner can normally be reached Flex.
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DANIEL S. FELTEN
Examiner
Art Unit 3692
/DANIEL S FELTEN/Primary Examiner, Art Unit 3692
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