DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Drawings
The drawings as submitted by Applicant on 08/22/2024 have been accepted.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 16-18, 23-25, and 30-32 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-2, 8-9, and 15-16 of United States Patent No. 11,227,276. Although the claims at issue are not identical, they are not patentably distinct from each other because both applications are directed to systems and methods of conducting a transaction at a mobile POS terminal using a defined structure, as outlined in the table below:
US Patent Number 11,227,276
Application number 18/812511
1. A method for conducting a mobile device transaction, the method comprising: receiving, by a mobile device software development platform, transaction data in an accessory device format from an accessory device; converting, by a first client application conversion module of the mobile device software development platform, the transaction data into a first application-specific data structure; providing, by the mobile device software development platform, the transaction data in the first application-specific data structure to a first client application; converting, by a second client application conversion module of the mobile device software development platform, the transaction data into a second application-specific data structure; and providing, by the mobile device software development platform, the transaction data in the second application-specific data structure to a second client application.
2. The method of claim 1, wherein the first application-specific data structure buffers the first client application from software or format changes of the accessory device, and the second application-specific data structure buffers the second client application from software or format changes of the accessory device.
16. (New) A computer-implemented method for converting mobile device transaction data, the method comprising: operating, by a mobile device, a first client application installed on the mobile device, the first client application operating using a first application-specific data structure particular to the first client application; operating, by the mobile device, a second client application installed on the mobile device, the second client application operating using a second application- specific data structure particular to the second client application; detecting, by the mobile device, an accessory device event of an accessory device; receiving, by the mobile device, transaction data in an accessory device format from the accessory device; converting, by the mobile device, the transaction data to the first application- specific data structure for use by the first client application; and converting, by the mobile device, the transaction data to the second application- specific data structure for use by the second client application.
17. (New) The computer-implemented method of claim 16, wherein the first application-specific data structure buffers the first client application from software or format changes of the accessory device.
18. (New) The computer-implemented method of claim 16, wherein the second application-specific data structure buffers the second client application from software or format changes of the accessory device.
The examiner submits that the language as recited in the pending application is similar to that as recited in US Patent number 11,227,276 as shown in the table above, which shows exemplary claims 1-18 of the pending application in view of claims 1-2 of United States Patent Number 11,227,276. For at least the reasoning provided above, a Terminal Disclaimer is required herein.
Claim Rejections - 35 USC § 102
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.
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 16-35 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Huang (US 2012/0303520).
Regarding claim 16, the applied prior art discloses a computer-implemented method for converting mobile device transaction data, the method comprising: operating, by a mobile device, a first client application installed on the mobile device, the first client application operating using a first application-specific data structure particular to the first client application (see at least paragraph [0091] to Huang, wherein the mobile device may cause one or more applications to be executed on the one or more processors 1706 while using a user display on the mobile device as an output interface); operating, by the mobile device, a second client application installed on the mobile device, the second client application operating using a second application- specific data structure particular to the second client application (see at least paragraph [0091] to Huang, wherein the mobile device may cause one or more applications to be executed on the one or more processors 1706 while using a user display on the mobile device as an output interface); detecting, by the mobile device, an accessory device event of an accessory device; receiving, by the mobile device, transaction data in an accessory device format from the accessory device (see at least paragraph [0109] to Huang, wherein an application 2326 associated with a given application specific accessory 2380 is executed by the processor 2306a upon detection of the associated application specific accessory 2380. That is, the external processing accessory 2302 and/or the application specific accessory 2380 contains circuitry that allows for the automatic detection of a particular application specific accessory 2380 when it is coupled to the external processing accessory 2302 or otherwise turned on); converting, by the mobile device, the transaction data to the first application- specific data structure for use by the first client application; and converting, by the mobile device, the transaction data to the second application- specific data structure for use by the second client application (see at least paragraph [0123] to Huang, wherein the mobile device 2450 may execute a payment processing application 2458 on the mobile device processing circuit 2454 to receive and process the account information and other data received from the payment processing accessory 2402. The payment processing application 2458 may be a unique application specially developed by a particular merchant account provider using a software development kit (SDK) provided to the merchant account provider by the manufacturer of the payment processing accessory 2402).
Regarding claim 17, the applied prior art discloses the computer-implemented method of claim 16, wherein the first application-specific data structure buffers the first client application from software or format changes of the accessory device (see at least paragraph [0098] to Huang, wherein the external processing accessory may serve as a processing platform to which other application specific accessories may interchangeably couple to, in order to take advantage of the external processing accessory's hardware (e.g., processing circuitry, memory, I/O interfaces, etc.), and/or software (e.g., firmware, applications, operating system, etc.).
Regarding claim 18, the applied prior art discloses the computer-implemented method of claim 16, wherein the second application-specific data structure buffers the second client application from software or format changes of the accessory device (see at least paragraph [0207] to Huang, wherein the data management mobile accessory 4902 may include a transmitter and receiver circuit 4908 (Tx/Rx Circuit) that allows it to wirelessly connect to the server 4920 in order to update any changes that need to be made to the inventory/product information stored within the server 4920, or otherwise access the contents of the server 4920).
Regarding claim 19, the applied prior art discloses the computer-implemented method of claim 16, wherein the second application-specific data structure is different from the first application-specific data structure (see at least paragraph [0201] to Huang, wherein Each module may incorporate circuits and/or devices that perform different functions, either alone or in combination with other modules).
Regarding claim 20, the applied prior art discloses the computer-implemented method of claim 16, further comprising: providing, by the mobile device, the transaction data in the first application-specific data structure to the first client application (see at least paragraph [0131] to Huang, wherein he payment processing accessory 2402 is intended to mate with and provide payment card transaction processing capabilities to. FIG. 25 illustrates the internal interface connector 2410 that couples to the corresponding mobile device interface 2460 for the transmission of data between the accessory 2402 and mobile device 2450).
Regarding claim 21, the applied prior art discloses the computer-implemented method of claim 16, further comprising: providing, by the mobile device, the transaction data in the second application-specific data structure to the second client application (see at least paragraph [0131] to Huang, wherein he payment processing accessory 2402 is intended to mate with and provide payment card transaction processing capabilities to. FIG. 25 illustrates the internal interface connector 2410 that couples to the corresponding mobile device interface 2460 for the transmission of data between the accessory 2402 and mobile device 2450).
Regarding claim 22, the applied prior art discloses the computer-implemented method of claim 16, wherein the transaction data is non-application-specific (see at least paragraph [0146] to Huang, wherein Once the account information and/or other data has been received by the mobile device 3350 from the payment processing accessory 3302, and any details regarding the purchase amount and a user pin have been entered, the transmission and receive (Tx/Rx) circuit 3364 of the mobile device 3350 may wirelessly transmit the account information, pin information, and purchase transaction information through its wireless network to the merchant account provider for approval).
Claims 23-35 each contain recitations substantially similar to those addressed above and, therefore, are likewise rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The examiner has considered all references listed on the Notice of References Cited, PTO-892.
The examiner has considered all references cited on the Information Disclosure Statement submitted by Applicant, PTO-1449.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TALIA F CRAWLEY whose telephone number is (571)270-5397. The examiner can normally be reached on Monday thru Thursday; 8:30 AM-4:30 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fahd A Obeid can be reached on 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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/TALIA F CRAWLEY/Primary Examiner, Art Unit 3627