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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
US Patent No. 12073372 B2
Claims 1, 8 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 in view of claim 6 of U.S. Patent No. 12073372. Although the claims at issue are not identical, they are not patentably distinct from each other because:
US Serial No. 18/796,986
US Patent No. 12073372 B2
8. A method, comprising:
receiving, by a first device, information related to capabilities associated with a plurality of second devices;
associated with financial services, wherein the information related to the capabilities includes information indicating compatibility of the plurality of second devices with a financial card
receiving, by the first device and from a first user device,
a request to identify a second device, of the plurality of second devices;
determining, by the first device and after receiving the request, scores for the plurality of second devices,
wherein the scores are based on the information related to the capabilities;
providing, by the first device and to a second user device, information identifying the second device based on the scores;
causing, by the first device, a navigational application to automatically open on the second user device;
causing, by the first device, the navigational application to be populated with information identifying a location of the second device;
and causing, by the first device, the navigational application to provide directions to the second device.
9. A method, comprising:
receiving, by a device, information related to capabilities of a plurality of automated teller machine (ATM) devices with types of transaction cards;
6. The device of claim 1, where a score for a respective ATM device, of the plurality of ATM devices, is based on a compatibility of the respective ATM device with a type of transaction card.
[Claim 9 continued:]
receiving, by the device and from a first user device associated with a first user,
a request to identify an ATM device, of the plurality of ATM devices;
determining, by the device and after receiving the request, scores for the plurality of ATM devices,
wherein the scores are based on a quantity of requests for services for the plurality of the ATM devices during a particular time period;
providing, by the device and to a second user device associated with a second user, information identifying one or more ATM devices of the plurality of ATM devices based on the scores;
causing, by the device, a navigational application to automatically open on the second user device;
populating, by the device and on the second user device, the navigational application with information identifying a location of the one or more ATM devices;
and causing the navigational application to provide directions to the one or more ATM devices.
As can be seen in the table, claim 8 of the pending application recites substantially the same subject matter as claims 6 and 9 of Patent No. 12073372 except that claim 8 recites more generic “second devices” instead of “ATM devices”. Claim 8 of the application has been amended to include scoring based on the more specific capability of compatibility with a type of card. Claim 9 of Patent ‘372 does not recite this feature, but claim 6 of Patent ‘372 does. As claim 9 already includes scoring based on information related to capabilities of devices with types of cards, it would have been obvious to include compatibility with the card types as compatibility is necessary for any other capability to have relevance to a user.
Accordingly, claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 in view of claim 6 of U.S. Patent No. US 12073372 B2. Claims 1 and 15 recite substantially the same limitations and are also rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 in view of claim 6 of U.S. Patent No. US 12073372 B2.
US Patent No. US 10515348 B2
Claims 1, 8 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10515348. Although the claims at issue are not identical, they are not patentably distinct from each other because:
US Serial No. 18/796,986
US Patent No. US 10515348 B2
1. A first device, comprising: one or more memories; and one or more processors, communicatively coupled to the one or more memories, configured to:
receive information related to capabilities associated with a plurality of second devices;
associated with financial services, wherein the information related to the capabilities includes information indicating compatibility of the plurality of second devices with a financial card;
receive, from a first user device, a request to identify a second device, of the plurality of second devices;
determine, after receiving the request, scores for the plurality of second devices,
wherein the scores are based on the information related to the capabilities;
provide, to a second user device, information identifying the second device based on the scores;
cause a navigational application to automatically open on the second user device;
cause the navigational application to be populated with information identifying a location of the second device;
and cause the navigational application to provide directions to the second device.
1. A device, comprising: one or more memories; and one or more processors, communicatively coupled to the one or more memories, configured to:
receive, from a plurality of automated teller machine (ATM) devices, information related to: a quantity of requests for services, during a time period, for each of the plurality of ATM devices;
a compatibility of each of the plurality of ATM devices with a type of transaction card; and a fee to be charged by each of the plurality of ATM devices in association with providing cash;
receive, from a first user device, a request to identify an ATM device, of the plurality of ATM devices, from which an individual can receive the cash, the request being received in association with another request, associated with the first user device, for a cash delivery to a location of the first user device, and the other request for the cash delivery requesting a second user, different than a first user associated with the first user device, deliver cash from the ATM device and to the location of the first user device;
determine, after receiving the request, scores for the plurality of ATM devices,
a score for one of the plurality of ATM devices being based on: the quantity of requests for services, during the time period, for the one of the plurality of ATM devices; the compatibility of the one of the plurality of ATM devices with the type of transaction card; and the fee to be charged by the one of the plurality of ATM devices; determine a rank for the plurality of ATM devices based on the scores for the plurality of ATM devices;
provide, to a second user device associated with the second user who is to deliver the cash and based on the rank, information identifying the ATM device and/or one or more other ATM devices of the plurality of ATM devices;
cause a navigational application to automatically open on the second user device;
and populate the navigational application with information identifying a location of the ATM device and/or the one or more other ATM devices of the plurality of ATM devices
to cause the navigational application to provide directions to the ATM device and/or the one or more other ATM devices of the plurality of ATM devices.
As can be seen in the table, claim 1 of the pending application recites substantially the same subject matter as claim 1 of US Patent No. 10515348 B2 except that claim 1 of the application recites more generic “second devices” instead of “ATM devices” and thus claim 1 of US Patent No. 10515348 B2 is essentially a “species” of the generic invention of application claim 1. It has been held that a generic invention is “anticipated” by a “species” within the scope of the generic invention. See In re Goodman, 11 F.3d 1046, 1052, 29 USPQ2d 2010, 2015-16 (Fed. Cir. 1993) and MPEP § 804.II.B.2.
Accordingly, claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. US 12073372 B2. Claims 8 and 15 recite substantially the same limitations and are also rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. US 12073372 B2.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 7-12,14-19 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over ELLIS (US 20150134675 A1 to Ellis; Stephen M. et al.) in view of PERRY (US 20130203444 A1 to Perry; G.) in further view of KONIG (US 20150339923 A1 to König; Felix Godafoss et al.).
Regarding claim(s) 1, 8, and 15,
A method (claims 8-12, 14 and 22)/ A non-transitory computer-readable medium storing a set of instructions (claims 15-19 and 23) (ELLIS: ¶[0058]: In one such embodiment 700, the processor-executable computer instructions 704 are configured to perform a method 702, such as the method 200 of FIG. 2 or the method 300 of FIG. 3.);
A first device, comprising: one or more memories; and one or more processors, communicatively coupled to the one or more memories, configured to (ELLIS: ¶[0063]: FIG. 8 illustrates a system 800 including a computing device 812 configured to implement one or more embodiments provided herein. In one configuration, computing device 812 includes at least one processing unit 816 and memory 818. Depending on the exact configuration and type of computing device, memory 818 may be volatile, such as RAM, non-volatile, such as ROM, flash memory, etc., or a combination of the two. This configuration is illustrated in FIG. 8 by dashed line 814; ¶[0062]: Computer readable instructions can be implemented as program modules, such as functions, objects, Application Programming Interfaces (APIs), data structures, and the like, that perform one or more tasks or implement one or more abstract data types. Typically, the functionality of the computer readable instructions are combined or distributed as desired in various environments.; ¶[0067]: Device 812 can include communication connection(s) 826 to facilitate communications with one or more other devices; figure 8: computing device 812 with processing unit 816 and memory 818, connected to another computing device 830 through network 828 ):
receive information related to capabilities associated with a plurality of second devices associated with financial services, (ELLIS: ¶[0022]: filter indoor ATMs from the search or provide ATMs where a drive through option is available. That is, as an example, a user may be directed to a second ATM which is farther in distance or driving time than a first ATM which is closer in distance or driving time because the second ATM has a drive through and the first ATM is located indoors.; ¶[0024]: the context component 140 may infer that the user or driver is willing to leave his or her vehicle.[…] In yet another example, the context component 140 may determine a context for a query based on destination based characteristics, etc.; ¶[0025]: Accordingly, the data engine 150 may filter or score ATMs higher based on an ATM having cover from the elements or ATMs having an indoor location. Here, the data engine 150 can aggregate or filter one or more data sets (e.g., having ATM locations) such that ATMs with indoor locations are shown or presented; one or more of the data sets can be indicative of one or more potential destinations (e.g., potential ATMs or other locations where a cash withdrawal transaction may be conducted) as a response to the query. As a result, the context component 140 can effectively append search criteria onto a query submitted by a user.; ¶[0029]: a user may be directed to a destination in a manner such that cellular network or data coverage is accounted for. This means that if a first location (e.g., first ATM) is associated with weaker coverage and a second location (e.g., second ATM) is associated with stronger coverage, the data engine 150 may direct a user to the second location or second ATM based on the stronger coverage (e.g., the context component 140 may make an inference that the user will utilize GPS to navigate to the ATM, and thereby select an ATM which a user has a greater chance of navigating to without dropping the GPS signal and/or having to re-acquire a satellite lock; ¶[0052]: related to one or more destination based characteristics, such as whether one is required to leave a vehicle to conduct a transaction, whether or not a drive-thru is available, whether a location is indoors or outdoors (e.g., whether an ATM is located inside, such as inside a grocery store, or outside of the store), […], whether a location has cover from the elements, etc.);
receive, from a first user device, a request to identify a second device, of the plurality of second devices (ELLIS: ¶[0038]: The search component 120 may detect a presence of one or more customers or consumers by receiving a notification that a customer is in the area from a mobile device of the consumer, etc. In one or more embodiments, the context component 140 can determine the context for the query based on a physical location of one or more of the consumers; ¶[0002]: When a user submits a query, a data engine may search a search index and provide a listing of one or more matches based on one or more criteria; ¶[0005]: With regard to a query for an ATM which includes a zip code, environmental factors or other contextual data, such as weather information, may be used to filter, aggregate, rank, or score different ATMs; ¶[0019]: The access component 110 can enable, grant, deny, or disable access to a data set, such as account information or location information associated with a user. For example, the access component 110 may request permission from a user to access global positioning (GPS) data from a mobile device of the user.; ¶[0021]: When a user submits a query such as "Find me an ATM" to the search component 120, the context or usage context may be taken into account to filter, narrow, rank, or determine results for the query. Here, in this example, if the vehicle is in drive, the context component 140 may detect that the vehicle is in motion, and infer that the user desires a drive through ATM, rather than ATMs located indoors, such as an ATM located within a grocery store, for example; ¶[0027]: parking availability and/or parking costs associated with a destination, inventory level, line length, number of people, estimated wait time);
determine, after receiving the request, scores for the plurality of second devices, wherein the scores are based on the information related to the capabilities (ELLIS: ¶[0005]: filter, aggregate, rank, or score different ATMs; [0022] Here, in this example, the context component 140 may determine that the usage context or context for the query (e.g., finding the ATM) is a driving environment, and thereby direct a data engine 150 to filter indoor ATMs from the search or provide ATMs where a drive through option is available. That is, as an example, a user may be directed to a second ATM which is farther in distance or driving time than a first ATM which is closer in distance or driving time because the second ATM has a drive through and the first ATM is located indoors.; ¶[0025]: Accordingly, the data engine 150 may filter or score ATMs higher based on an ATM having cover from the elements or ATMs having an indoor location. Here, the data engine 150 can aggregate or filter one or more data sets (e.g., having ATM locations) such that ATMs with indoor locations are shown or presented);
provide, to a second user device, information identifying the second device based on the scores (ELLIS: [0022] Here, in this example, the context component 140 may determine that the usage context or context for the query (e.g., finding the ATM) is a driving environment, and thereby direct a data engine 150 to filter indoor ATMs from the search or provide ATMs where a drive through option is available. That is, as an example, a user may be directed to a second ATM which is farther in distance or driving time than a first ATM which is closer in distance or driving time because the second ATM has a drive through and the first ATM is located indoors. (ELLIS discloses the limitations in bold; for limitations not emphasized in bold, see the discussion below);
ELLIS does not expressly disclose the following limitations, which PERRY however, teaches:
wherein the information related to the capabilities includes information indicating compatibility of the plurality of second devices with a financial card (PERRY: ¶[0010]: mapping parameters provide parameters for generating a map, receiving location data corresponding to contactless access devices, and adding, to a location database, the location data corresponding to the contactless access devices; ¶[0094]: system and methods may be provided that include a location database that may enable issuers and financial service providers to use a generic locator capability to upload branch, ATM, or any other location data they desire into the location database. This may enable customers with mobile devices to find nearby locations where financial services are provided; [0038]: "Location data" may refer to any data associated with a location of a contactless access device.[…] Examples of location data may include a location name corresponding to a contactless access device, location geo-data or geo-location for an access device or merchant that uses access devices, access device properties associated with the location; ¶[0072]: The location contactless access device properties 315 may indicate properties of the contactless access device(s) at the location. […] In some embodiments of the invention, location contactless access device properties 315 may be used to provide an indication of protocols, technologies, payment products, or brands supported by the contactless access device. For example, an indication of whether the access device supports Bluetooth.TM., NFC, payWave.TM., or other technology may be included. ¶[0133]: filter contactless access devices based on the contactless technology used by the issuer. Contactless access devices not using a compatible technology to the issuers may be removed or hidden from the map data; ¶[0162]: Merchant 1 may provide an access device having a contactless interface that is compatible with the portable consumers devices provided by Issuer 1 (or Merchant 1 may provide other financial services related to Issuer 1, such as reloading pre-paid debit cards, etc.) and therefore Issuer 1 would like to provide this information to its customers in a customized map; ¶[0156]: filters on the location data which are intended to be applied for all consumers associated with the issuer […] Typically, a filter may specify a condition (such as a filter on the contactless technology used). If the condition is met by the contactless access device (if the technology used by the device is compatible), then the contactless access device may be included in generated map data);
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the system/method of ELLIS, which discloses systems, devices and methods of presenting matching locations and ATMs based on a user preferences and/or proximity (ELLIS ¶[0025], ¶[0036], and ¶[0057]) with the technique of PERRY, which teaches a more efficient way to determine the location of a contactless access device and provide consumers with a better way to determine which locations may accept contactless payment devices (PERRY ¶[0005]) in order to allow users of payment devices to quickly and conveniently determine nearby merchants, financial institutions, and other institutions with devices that support contactless transactions and to encourage users to adopt contactless consumer devices (PERRY ¶[0041]).
ELLIS does not expressly disclose the following limitations, which KONIG however, teaches:
provide, to a second user device, information identifying the second device based on the scores (KONIG: [0118] : Once a vehicle has won a job, details of the job are sent to the vehicle's navigation device 200. The details will include the pick-up location, and may also include the details of the person who made the request; ¶[0112]: Each of the vehicle requesting devices 12 can be used by a user to send a request for a vehicle, such as a taxi, to the server 10. The request will typically include a pick-up location, or data that can be used to derive such a location, and may also include at least one of: a pick-up time; a drop-off location; a desired vehicle type or size (e.g. car, minivan, limousine, etc); the number of passengers to be picked-up; and any additional preferences, such as the need for a child seat, the need for disabled access or if a particular driver is desired; [0215] In order to try to balance such preferences, a match value is assigned to each potential pair of a vehicle request and a vehicle. This value is computed as a weighted combination of ETA and different scores with respect to any of the additional criteria that are to be taken into account.; [0218] Weighing and comparing the outputs of all possible drivers may result in a ranking for the best matched drivers being generated; ¶[0097]: it will be appreciated that the invention is applicable in its broader aspects at least to matching service requests to mobile service providers.)
cause a navigational application to automatically open on the second user device (KONIG: ¶[0118]: Once a vehicle has won a job, details of the job are sent to the vehicle's navigation device 200. The details will include the pick-up location, and may also include the details of the person who made the request. The navigation device can automatically, […] calculate a route from the vehicle's current position to the pick-up location, and begin guiding the driver to the location.; ¶[0036]: the second device that is utilised in the present invention comprises a navigation apparatus, such as portable navigation device (PND) that can be removably mounted within a vehicle or an in-vehicle navigation system, and which preferably includes GNSS signal reception and processing functionality. It will be appreciated, however, that the second device may also comprise a mobile telephone, PDA, tablet computer or the like running suitable software programs.);
cause the navigational application to be populated with information identifying a location of the second device (KONIG: ¶[0118]: Once a vehicle has won a job, details of the job are sent to the vehicle's navigation device 200. The details will include the pick-up location, and may also include the details of the person who made the request. The navigation device can automatically, […] calculate a route from the vehicle's current position to the pick-up location, and begin guiding the driver to the location.; ¶[0132]: The vehicle request will include a pick-up location, which may be the current location of the mobile device 22 (obtained from the GNSS receiver));
and cause the navigational application to provide directions to the second device (KONIG: ¶[0118]: The navigation device can automatically, […] calculate a route from the vehicle's current position to the pick-up location, and begin guiding the driver to the location.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the system/method of ELLIS, which discloses systems, devices and methods of presenting matching locations and ATMs based on a user preferences and/or proximity (ELLIS ¶[0025], ¶[0036], and ¶[0057]) with the technique of KONIG, which teaches showing a map to a user on their mobile device of nearby taxis (KONIG ¶[0004]) or other service providers (KONIG ¶[0097]) in order to take advantage of location aware user devices to improve the experience of ordering and requesting services (KONIG ¶[0002]) and to optimize fulfillment of user requests (KONIG ¶[0012]).
Regarding claim(s) 2, 9, and 16,
The combination of ELLIS, PERRY, and KONIG teaches the limitations of claims 1, 8, and 15, respectively.
ELLIS further discloses:
wherein the information related to the capabilities identifies at least one of: a capability of the second device to provide a specific amount of cash, a capability of the second device to provide specific denominations of cash, a capability of the second device to provide a service related to financial services, a capability of the second device to receive biometric information, a compatibility of the second device with a type of transaction card, or a compatibility of the second device with a brand of transaction card (ELLIS: ¶[0055]: whether or not the retailer offers a type of transaction; whether a retailer offers debit card cashback transactions (e.g., cash out transactions) or not.; ¶[0049]: inventory level of one or more of the retailers; ¶[0053]: supermarkets or retailers which allow an individual to execute a debit card cashback transaction or a cash out transaction; ¶[0022]: provide ATMs where a drive through option is available; ¶[0027]: protection from one or more of environmental factors (e.g., cover from the elements, indoor location, outdoor location; ¶[0054]: financial incentives; fee-free ATMs, minimum purchase amount associated with debit card cashback transaction).
Regarding claim(s) 3, 10, and 17,
The combination of ELLIS, PERRY, and KONIG teaches the limitations of claims 1, 8, and 15, respectively.
ELLIS does not expressly disclose the following limitations, which KONIG however, teaches:
wherein the first user device is associated with a first user, and wherein the second user device is associated with a second user (KONIG: ¶[0026]: The first devices may be carried by users and the second devices may be mounted to vehicles. In embodiments therefore, the vehicle request management system comprises a server comprising communication means arranged to communicate with a plurality of first devices and a plurality of second devices each being associated with a vehicle. The plurality of first devices are a plurality of different first devices and the plurality of second devices are a plurality of different second devices.; ¶[0027]: The first location is preferably a pick-up location, i.e. where a user desires to be picked-up by a vehicle; ¶[0030]: the vehicle requester will be the user i.e. the person wishing to travel in the vehicle, in other cases, e.g. where the request is placed via a first device that is associated with a single pick-up location such as a hotel, etc, the vehicle requester may be different to the intended vehicle user; ¶[0028]: [after inferring] that the user will travel to a suggested destination (e.g., a suggested bank). Here, the context component 140 may direct the data engine 150 to filter, aggregate, score, or rank one or more destination locations based on these route based characteristics.); ¶[0029]: rank or score potential destinations with better signal or data coverage; ¶[0054]: the data engine 150 may direct a user to a fee-based ATM over a non-fee ATM or rank the fee-based ATM which is closer to the user higher than the non-fee ATM) .
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the system/method of ELLIS, which discloses systems, devices and methods of presenting matching locations and ATMs based on a user preferences and/or proximity (ELLIS ¶[0025], ¶[0036], and ¶[0057]) with the technique of KONIG, which teaches showing a map to a user on their mobile device of nearby taxis (KONIG ¶[0004]) or other service providers (KONIG ¶[0097]) in order to take advantage of location aware user devices to improve the experience of ordering and requesting services (KONIG ¶[0002]) and to optimize fulfillment of user requests (KONIG ¶[0012]).
Regarding claim(s) 4, 11, and 18,
The combination of ELLIS, PERRY, and KONIG teaches the limitations of claims 1, 8, and 15, respectively.
ELLIS further discloses:
wherein the one or more processors are further configured to: determine a rank for the plurality of second devices based on the scores (ELLIS: ¶[0005]: . With regard to a query for an ATM […] contextual data […] may be used to filter, aggregate, rank, or score different ATMs; ¶[0021]: When a user submits a query such as "Find me an ATM" to the search component 120, the context or usage context may be taken into account to filter, narrow, rank, or determine results for the query; ).
Regarding claim(s) 5, 12, and 19,
The combination of ELLIS, PERRY, and KONIG teaches the limitations of claims 1, 8, and 15, respectively.
ELLIS discloses:
determining scores based on information (see ELLIS ¶[0005]: With regard to a query for an ATM which includes a zip code, environmental factors or other contextual data, such as weather information, may be used to filter, aggregate, rank, or score different ATMs; ¶[0025]: That is, the context component 140 may determine that the outside temperature is a factor which should be considered when searching for an ATM. Accordingly, the data engine 150 may filter or score ATMs higher based on an ATM having cover from the elements or ATMs having an indoor location.)
ELLIS does not expressly disclose the following limitations, which PERRY however, teaches:
wherein the one or more processors are further configured to: receive information related to a compatibility of the second device with a type of communications technology available with a transaction card (PERRY ¶[0072]: location contactless access device properties 315 may be used to provide an indication of protocols, technologies, payment products, or brands supported by the contactless access device. For example, an indication of whether the access device supports Bluetooth.TM., NFC, payWave.TM., or other technology may be included; ¶[0032]: A "contactless access device" may refer to an access device that may communicate using short range wireless communications. This may comprise any method of providing short-range wireless communications capability, such as RFID, Bluetooth.TM., infra-red, or other data transfer capability that can be used to exchange data between a portable consumer device and an access device; ¶[0083]: The "paymentProductType" value may be a string providing information regarding a brand, technology, or protocol supported for the requested location data. For example, "paymentProductType" may have a value of "payWave" to indicate a request for Visa.RTM. payWave.TM. locations.);
and determine the scores further based on the information related to the compatibility (PERRY ¶[0045]: the issuer may define a mapping parameter for a filter to only display contactless access devices of certain makes or models which are known to be compatible with the contactless technology; ¶[0156]: a filter may specify a condition (such as a filter on the contactless technology used). If the condition is met by the contactless access device (if the technology used by the device is compatible), then the contactless access device may be included in generated map data. Otherwise, it may not be included in the generated map data.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine/modify the system/method of ELLIS, which discloses systems, devices and methods of presenting matching locations and ATMs based on a user preferences and/or proximity (ELLIS ¶[0025], ¶[0036], and ¶[0057]) with the technique of PERRY, which teaches a more efficient way to determine the location of a contactless access device and provide consumers with a better way to determine which locations may accept contactless payment devices (PERRY ¶[0005]) in order to allow users of payment devices to quickly and conveniently determine nearby merchants, financial institutions, and other institutions with devices that support contactless transactions and to encourage users to adopt contactless consumer devices (PERRY ¶[0041]).
Regarding claim(s) 7 and 14,
The combination of ELLIS, PERRY, and KONIG teaches the limitations of claims 1 and 8 respectively.
ELLIS further discloses:
wherein the one or more processors are further configured to: receive information related to a fee charged by the plurality of second devices; and determine the scores further based on the information related to the fee (ELLIS: ¶[0054]: Additionally, the context component 140 may determine a context based on financial incentives, such as whether or not an ATM has a fee associated therewith or whether there is a minimum purchase amount associated with a debit card cashback transaction. When multiple ATMs are available (without fees) nearby, the data engine may prioritize the fee-free ATMs over ATMs which may charge the user a fee. However, if the context component 140 determines that a user is in a hurry (e.g., has an upcoming appointment detected by the context component 140, such as on a task-list or calendar appointment) or that the distance is greater than a distance threshold (e.g., the drive is greater than a ten minute drive time or ten mile drive distance between the fee-based ATM and the no-fee ATM), then the data engine 150 may direct a user to a fee-based ATM over a non-fee ATM or rank the fee-based ATM which is closer to the user higher than the non-fee ATM.).
Regarding claim(s) 21, 22, and 23,
The combination of ELLIS, PERRY, and KONIG teaches the limitations of claims 1, 8, and 15, respectively.
ELLIS further discloses:
wherein the one or more processors are further configured to: receive information related to a fee charged by the plurality of second devices; and determine the scores further based on the information related to the fee (ELLIS: ¶[0054]: Additionally, the context component 140 may determine a context based on financial incentives, such as whether or not an ATM has a fee associated therewith […]. When multiple ATMs are available (without fees) nearby, the data engine may prioritize the fee-free ATMs over ATMs which may charge the user a fee. However, if the context component 140 determines that a user is in a hurry (e.g., has an upcoming appointment detected by the context component 140, such as on a task-list or calendar appointment) or that the distance is greater than a distance threshold (e.g., the drive is greater than a ten minute drive time or ten mile drive distance between the fee-based ATM and the no-fee ATM), then the data engine 150 may direct a user to a fee-based ATM over a non-fee ATM or rank the fee-based ATM which is closer to the user higher than the non-fee ATM; ¶[0054]: the data engine 150 may direct a user to a fee-based ATM over a non-fee ATM or rank the fee-based ATM which is closer to the user higher than the non-fee ATM).
Response to Arguments
Double Patenting
Applicant argues in remarks filed 30 December 2025 the double patenting rejection is moot in view of Applicant’s amendments. The amended claims have been analyzed and a new double patenting rejection has been applied in this action.
112(b)
Applicant’s arguments at page 12 with respect to 35 U.S.C. § 112(b) have been fully considered and are persuasive. The rejection of claims 1-20 has been withdrawn.
35 U.S.C. § 103
Applicant argues that ELLIS and KONIG do not teach or suggest the limitations added to claim 1. This argument has been fully considered and is persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of PERRY and claims 1-5, 7-12,14-19 and 21-23 are rejected under 35 U.S.C. § 103.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20160203451 to Upton, J. discloses a system and method for providing controlling surcharge fees charged at a collection of ATMs
US 20080103966 A1 to Foster, C. discloses a system and/or method for dynamic determination of transaction processing fees
US 20070143208 A1 to Varga, K.A. discloses reimbursement of fees conditioned on acceptance of offer at ATM (see paragraph [53])
US 20020032656 A1 to Chen, C. discloses the practice of smaller institutions reimbursing customers for surcharge fees incurred when using ATMs of other banks.
US 11074579 B1 to Buentello, A. R. et al. recommends points of transactions including ATMs where each point of transaction may be given a score based on one or more of the various factors including the crime rate, past behavioral data, or customer preferences. A Mapping module may be configured to provide a map of the recommended points of transaction. The map may be user-customizable and may include directions to the points of transaction.
US 8762057 to Chitre, M. discloses methods that allow a first mobile device to persistently lock onto a second mobile device, thereby allowing the first mobile device to not only constantly monitor the dynamic location of the second mobile device but also to adaptively navigate in real-time to the dynamic location associated with the second mobile device. The dynamic location may include a current location of the second mobile device or a final destination for travel of the second mobile device. In the examples, real-time changes in the current location or final destination of the second mobile device will cause automatic updates to navigation directions of the first mobile device.
US 11347386 B2 to Wang, Ziji teaches a sharing link for a specified location is sent through a preset system interface corresponding to a target application
US 20090325603 A1 to Van Os teaches when a user of a first device views a location on a map display of the first device, a graphical user interface is presented to allow the user to select an option to share the geographic location with the second device. The second device receives geographic location data or a link from the first device which can trigger a map display on the second device showing the location of the first device and, optionally, the location of the second device.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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BOLKO HAMERSKI
Examiner
Art Unit 3694
/BOLKO M HAMERSKI/Examiner, Art Unit 3694
/BENNETT M SIGMOND/Supervisory Patent Examiner, Art Unit 3694
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