DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, 18/830,396, filed 09/10/2024 is a Continuation of:
17/833,730, filed 06/06/2022, now U.S. Patent 12,125,009, which is a Continuation of:
15/396,360, filed 12/30/2016, now U.S. Patent 11,354,632, which is a Continuation of:
15/377,311, filed 12/13/2016, now U.S. Patent 11,354,631, which claims priority from:
U.S. Provisional Application 62/317,322, filed 04/01/2016.
The effective filing date is after the AIA date of March 16, 2013, and so the application is being examined under the “first inventor to file” provisions of the AIA .
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 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.
Status of the Application
This Non-Final Office Action is in response to Applicant’s communication of 09/10/2024.
Claims 1-20 are pending, of which claims 1, 12, and 18 are independent.
All pending claims have been examined on the merits.
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on 12/24/2024 has been considered.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are provisionally rejected on the ground of obviousness-type non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US-12,125,009-B1 and claims 1-14 of U.S. Patent No. US-11,354,632-B1.
Independent claims 1 and 18 of the present application are obvious variations of independent claims 1 and 18 of issued U.S. Patent No. US-12,125,009-B1, and of independent claims 1 and 13 of issued U.S. Patent No. US-11,354,632-B1, respectively. Although the independent claims at issue are not identical, the present claims are obvious variations of the issued patents, due to shared claim language.
“A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus.” The species in that case will anticipate the genus. In re Slayter, 276 F.2d 408, 411, 125 USPQ 345, 347 (CCPA 1960). See also MPEP § 2131.02.
The table below underlines and bolds differences between independent claims in the pending application versus the respective claim in the two issued patents.
U.S. Application No. 18/830,396
(Present Application)
U.S. Patent No. US-12,125,009
U.S. Patent No. US-11,354,632
1. A system comprising:
1. A system comprising:
1. A system comprising:
a database that stores user information regarding a plurality of customers;
a customer database that stores user information regarding a plurality of customers;
a customer database that stores user information concerning a plurality of customers;
a network interface configured to communicate data over a network; and
a network interface configured to communicate data over a network; and
a network interface configured to communicate data over a network; and
a processing circuit comprising a processor and a memory, the memory structured to store instructions that, when executed by the processor, cause the processing circuit to:
a processing circuit comprising a processor and a memory, the memory structured to store instructions that are executable by the processor and cause the processing circuit to:
a processing circuit comprising a processor and memory, the memory structured to store instructions that are executable by the processor and cause the processing circuit to:
receive, from a customer computing device, a first indication that a customer is within a first predetermined distance of a first customer area,
receive, from a customer computing device, a first indication that a customer is within a first predetermined distance of a drive-through area,
receive a first indication that a customer is within a first predetermined distance from a plurality of automated teller machines (ATMs),
wherein the first predetermined distance is associated with the first customer area,
wherein the first predetermined distance is associated with the drive-through area,
wherein the first predetermined distance is associated with a drive-through area
the first customer area associated with a terminal;
the drive-through area associated with an automated teller machine (ATM);
of the plurality of ATMs
and is defined by a broadcast range of a locator beacon associated with the plurality of ATMs, and
wherein the first indication is received from a customer computing device associated with the customer in response to the customer computing device receiving a broadcast signal from the locator beacon associated with the plurality of ATMs;
transmit, based on the first indication, an authorization signal to the customer computing device, the authorization signal configured to
transmit, responsive to receiving the first indication, an authorization signal to the customer computing device associated with the customer, the authorization signal configured to
activate, based on the first indication, an interface of the customer computing device,
activate an ATM pre-stage function of an application implemented on the customer computing device
activate an ATM pre-stage function of an application implemented on the customer computing device,
the interface configured to receive an input;
to pre-stage an ATM transaction;
the ATM pre-stage function configured to receive a customer transaction preference from the customer;
receive a second indication that the customer is within a second predetermined distance of a second customer area,
receive a second indication that the customer is within a second predetermined distance of the ATM in the drive-through area,
receive a second indication that the customer is within a second predetermined distance from an ATM of the plurality of ATMs
based on a location of the customer computing device or image data captured by a surveillance system associated with the plurality of ATMs,
wherein the second customer area is within the first customer area and
wherein the second predetermined distance is defined by a broadcast range associated with the ATM,
the second predetermined distance is less than the first predetermined distance; and
wherein the second predetermined distance is within the first predetermined distance;
wherein the second predetermined distance is within the first predetermined distance;
receive, by the network interface over the network, responsive to at least the second indication, the customer transaction preference from the customer computing device;
transmit, based on the received second indication and by the network interface over the network, transaction information regarding the ATM transaction to the ATM; and
transmit, by the network interface over the network and responsive to the second indication, transaction information regarding an ATM transaction to the ATM,
the transaction information including the received customer transaction preference; and
authorize, based on the second indication and reception of the input, a transaction at the terminal.
authorize the ATM transaction at the ATM in the drive-through area based on the transaction information.
authorize the ATM transaction at the ATM of the plurality of ATMs based on the transaction information.
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18. A user device, comprising:
18. A mobile device, comprising:
12. A mobile device, comprising:
a network interface structured to communicate data to and from a computing system of an institution and terminal in a first customer area;
a network interface structured to communicate data to and from a computing system of an institution and an automated teller machine (ATM) in a drive-through area;
a network interface structured to communicate data to and from a financial institution computing system associated with a financial institution, an automated teller machine (ATM), and a broadcasting device configured to transmit a broadcast signal;
a display device configured to present information to a customer; and
a display device configured to present information to a customer; and
a display device configured to present information to a customer;
an input/output device structured to exchange data with the customer; and
a processing circuit comprising a processor and a memory, the memory structured to store instructions that, when executed by the processor, cause the processing circuit to:
a processing circuit comprising a processor and a memory, the memory structured to store instructions that are executable by the processor and cause the processing circuit to:
a processing circuit comprising a processor and memory, the memory structured to store instructions that are executable by the processor and cause the processing circuit to:
receive the broadcast signal from the broadcasting device;
in response to receiving the broadcast signal,
transmit, via the network interface, first location information to the computing system of the institution,
transmit, via the network interface, location information to the computing system of the institution,
transmit, by the network interface, location information to the financial institution computing system associated with the financial institution,
the first location information indicating that the user device is within a first predetermined distance of the first customer area,
the location information indicating that the mobile device is within a first predetermined distance of the drive-through area,
the location information indicating that the mobile device is within a first predetermined distance of a plurality of automated teller machines (ATMs),
wherein the first predetermined distance is associated with the first customer area, the first customer area associated with the terminal;
wherein the first predetermined distance is associated with the drive-through area, the drive-through area associated with the ATM;
wherein the first predetermined distance is associated with a drive-through area of the plurality of ATMs and is defined by a broadcast range of the broadcasting device associated with the plurality of ATMs;
receive, via the network interface, an ATM pre-authorization signal from the computing system of the institution;
receive, by the network interface, an ATM pre-authorization signal from the financial institution computing system;
present, by the display device and based on the first location information indicating that the user device is within the first predetermined distance of the first customer area, an interface to the customer, the interface configured to receive an input;
present, by the display device and responsive to receiving the ATM pre-authorization signal, an ATM pre-stage interface to the customer;
present, by the display device, responsive to receiving the ATM pre-authorization signal, an ATM pre-stage interface to the customer enabling the customer to indicate a customer transaction preference;
receive, by the input/output device, transaction preferences for an ATM transaction at the ATM from the customer;
transmit, by the network interface, second location information to the computing system of the institution,
transmit, by the network interface, second location information to the computing system of the institution,
transmit, by the network interface, the location information to the financial institution computing system associated with the financial institution,
the second location information indicating that the user device is within a second predetermined distance of a second customer area,
the second location information indicating that the mobile device is within a second predetermined distance of the ATM in the drive-through area,
the location information further indicating that the mobile device is within a second predetermined distance of an ATM of the plurality of ATMs
and determined based on the location information or image data captured by a surveillance system associated with the plurality of ATMs,
wherein the second predetermined distance is defined by a broadcast range associated with the ATM,
wherein the second customer area is within the first customer area and
the second predetermined distance is less than the first predetermined distance; and
wherein the second predetermined distance is within the first predetermined distance; and
wherein the second predetermined distance is within the first predetermined distance; and
transmit, via the network interface
transmit, via the network interface,
transmit, by the network interface,
based on the second location information indicating that the user device is within the second predetermined distance of the second customer area and the input,
responsive to the location information indicating that the mobile device is within the second predetermined distance of the ATM,
a transaction preference to the computing system of the institution,
a transaction preference to the computing system of the institution.
the transaction preferences to the financial institution computing system associated with the financial institution.
the transaction preference associated with a transaction at the terminal.
Moreover, the features that appear in the claims of the present application but not in the respective claims of the issued patents do not add any new patentable features.
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 to non-statutory subject matter. The claimed invention is directed to an abstract idea, without “significantly more”.
Based on the flowchart in MPEP § 2106, Step 1 of the Alice/Mayo analysis is: “Is the claim to a process, machine, manufacture or composition of matter?”
In regards to Step 1 of the Alice/Mayo analysis, independent claims 1 and 18 are apparatus claim, and claim 12 is a method claim.
For the sake of compact prosecution, we continue with the Alice/Mayo “abstract idea” analysis.
Step 2A, prong 1 of the Alice/Mayo analysis is: “Does the claim recite a law of nature, a natural phenomenon (product of nature), or an abstract idea?”
In regards to Step 2A, prongs 1 and 2 of the Alice/Mayo analysis, the abstract idea elements recited in independent claim 1 are shown in italic font. (The “additional elements” and “extra solution steps” are shown in italic and underlined font):
In regards to claim 1,
1. A system comprising:
a database that stores user information regarding a plurality of customers;
a network interface configured to communicate data over a network; and
a processing circuit comprising a processor and a memory, the memory structured to store instructions that, when executed by the processor, cause the processing circuit to:
receive, from a customer computing device, a first indication that a customer is within a first predetermined distance of a first customer area, wherein the first predetermined distance is associated with the first customer area, the first customer area associated with a terminal;
activate, based on the first indication, an interface of the customer computing device, the interface configured to receive an input;
receive a second indication that the customer is within a second predetermined distance of a second customer area, wherein the second customer area is within the first customer area and the second predetermined distance is less than the first predetermined distance; and
authorize, based on the second indication and reception of the input, a transaction at the terminal.
Independent claim 12 rejected on the same grounds as independent claim 1.
In regards to claim 18,
18. A user device, comprising:
a network interface structured to communicate data to and from a computing system of an institution and terminal in a first customer area;
a display device configured to present information to a customer; and
a processing circuit comprising a processor and a memory, the memory structured to store instructions that, when executed by the processor, cause the processing circuit to:
transmit, via the network interface, first location information to the computing system of the institution, the first location information indicating that the user device is within a first predetermined distance of the first customer area, wherein the first predetermined distance is associated with the first customer area, the first customer area associated with the terminal;
present, by the display device and based on the first location information indicating that the user device is within the first predetermined distance of the first customer area, an interface to the customer, the interface configured to receive an input;
transmit, by the network interface, second location information to the computing system of the institution, the second location information indicating that the user device is within a second predetermined distance of a second customer area, wherein the second customer area is within the first customer area and the second predetermined distance is less than the first predetermined distance; and
transmit, via the network interface based on the second location information indicating that the user device is within the second predetermined distance of the second customer area and the input, a transaction preference to the computing system of the institution, the transaction preference associated with a transaction at the terminal.
More specifically, claims 1-20 recite an abstract idea: “Certain Methods of Organizing Human Activity", specifically “Commercial or Legal Interactions (Including Agreements in the form of Contracts; Legal Obligations; Advertising, Marketing, or Sales Activities or Behaviors; Business Relations)”, as discussed in MPEP §2106(a)(2) Parts (I) and (II), and in the 2019 Revised Patent Subject Matter Eligibility Guidance.
In regards to independent claims 1 and 12, the “Commercial or Legal Interactions” elements include:
“authorize, based on the second indication and reception of the input, a transaction at the terminal”.
The “additional elements” in claim 1 include: “a database”, “a network interface”, “a processing circuit”, “a processor”, and “a memory”.
The “additional elements” in claim 18 include: “a network interface”, “a display device”, “a processing circuit”, “a processor”, and “a memory”.
Moreover, “additional extra-solution elements” in claim 1 include: “stores user information regarding a plurality of customers”, “store instructions that, when executed by the processor, cause the processing circuit to … ”, “communicate data over a network”, “receive, from a customer computing device, a first indication that a customer is within a first predetermined distance of a first customer area”, “receive a second indication that the customer is within a second predetermined distance of a second customer area”, and “activate, based on the first indication, an interface of the customer computing device, the interface configured to receive an input”.
Moreover, “additional extra-solution elements” in claim 18 include: “store instructions that, when executed by the processor, cause the processing circuit to …”, “communicate data to and from a computing system of an institution and terminal in a first customer area”, “present information to a customer”, “present, by the display device and based on the first location information indicating that the user device is within the first predetermined distance of the first customer area, an interface to the customer”, “receive an input”, “transmit, via the network interface, first location information to the computing system of the institution, the first location information indicating that the user device is within a first predetermined distance of the first customer area”, “transmit, by the network interface, second location information to the computing system of the institution”, and “transmit, via the network interface based on the second location information indicating that the user device is within the second predetermined distance of the second customer area and the input, a transaction preference to the computing system of the institution”.
Step 2A, prong 2 of the Alice/Mayo analysis is “Does the claim recite additional elements that integrate elements that integrate the judicial exception into a practical application?”
In regards to Step 2A, prong 2 of the Alice/Mayo analysis, this abstract idea is not integrated into a practical application, because:
The independent claims are directed to an abstract idea with additional generic computer elements. The generically recited computer elements in claim 1 (“a database”, “a network interface”, “a processing circuit”, “a processor”, and “a memory”) and in claim 18 (“a network interface”, “a display device”, “a processing circuit”, “a processor”, and “a memory”) do not add a meaningful limitation to the abstract idea, because they amount to simply implementing the abstract idea on a computer. The claim amounts to adding the words "apply it" (or an equivalent) with the abstract idea, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea.
The extra-solution activities in independent claim 1 (“stores user information”, “store instructions”, “communicate data over a network”, “receive, from a customer computing device, a first indication that a customer is within a first predetermined distance of a first customer area”, “receive a second indication that the customer is within a second predetermined distance of a second customer area”, and “activate, based on the first indication, an interface of the customer computing device, the interface configured to receive an input”) do not add a meaningful limitation to the method, as they are insignificant extra-solution activity;
The extra-solution activities in independent claim 18 (“store instructions that, when executed by the processor, cause the processing circuit to …”, “communicate data to and from a computing system of an institution and terminal in a first customer area”, “present information to a customer”, “present, by the display device and based on the first location information indicating that the user device is within the first predetermined distance of the first customer area, an interface to the customer”, “receive an input”, “transmit, via the network interface, first location information to the computing system of the institution, the first location information indicating that the user device is within a first predetermined distance of the first customer area”, “transmit, by the network interface, second location information to the computing system of the institution”, and “transmit, via the network interface based on the second location information indicating that the user device is within the second predetermined distance of the second customer area and the input, a transaction preference to the computing system of the institution”) do not add a meaningful limitation to the method, as they are insignificant extra-solution activity;
The combination of the abstract idea with the additional elements (generically recited computer elements), and/or with the extra-solution activities, does not integrate the abstract idea into a practical application.
Step 2B of the Alice/Mayo analysis is: “Does the claim recite additional elements that amount to significantly more than the judicial exception?”
In regards to Step 2B of the Alice/Mayo analysis, the claims do not include additional elements that are sufficient to amount to significantly more than the abstract idea, because:
When considering the elements in independent claim 1 "alone and in combination" (“stores user information”, “store instructions”, “communicate data over a network”, “receive, from a customer computing device, a first indication that a customer is within a first predetermined distance of a first customer area”, “receive a second indication that the customer is within a second predetermined distance of a second customer area”, and “activate, based on the first indication, an interface of the customer computing device, the interface configured to receive an input”), they do not add significantly more (also known as an "inventive concept") to the exception, because they amount to simply implementing the abstract idea on a computer. Instead, they merely add the words "apply it" (or an equivalent) with the abstract idea, or mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to perform an abstract idea.
When considering the elements in independent claim 18 "alone and in combination" (“store instructions”, “communicate data to and from a computing system of an institution and terminal in a first customer area”, “present information to a customer”, “present, by the display device and based on the first location information”, “receive an input”, “transmit, via the network interface, first location information to the computing system of the institution”, “transmit, by the network interface, second location information to the computing system of the institution”, and “transmit, via the network interface … a transaction preference to the computing system of the institution”), they do not add significantly more (also known as an "inventive concept") to the exception, because they amount to simply implementing the abstract idea on a computer. Instead, they merely add the words "apply it" (or an equivalent) with the abstract idea, or mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to perform an abstract idea.
In regards to the extra solution activities in independent claim 1 (“stores user information”, “store instructions”, “communicate data over a network”, “receive, from a customer computing device, a first indication”, “receive a second indication”, and “activate, based on the first indication, an interface of the customer computing device, the interface configured to receive an input”), these are recognized as such by the court decisions listed in MPEP § 2106.05(d).
In regards to the extra solution activities in independent claim 18 (“store instructions”, “communicate data to and from a computing system of an institution and terminal in a first customer area”, “present information to a customer”, “present, by the display device and based on the first location information”, “receive an input”, “transmit, via the network interface, first location information to the computing system of the institution”, “transmit, by the network interface, second location information to the computing system of the institution”, and “transmit, via the network interface … a transaction preference to the computing system of the institution”), these are recognized as such by the court decisions listed in MPEP § 2106.05(d).
More specifically, in regards to the “storing” steps, see the court cases Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015) (storing and retrieving information in memory); and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015) (storing and retrieving information in memory).
More specifically, in regards to the “receiving”, “transmitting” and “communicating” steps, see the court cases OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network) and (presenting offers and gathering statistics), OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
Moreover, in regards to the “displaying” steps (i.e. “activate, based on the first indication, an interface of the customer computing device, the interface configured to receive an input”, present information to a customer”, and “present, by the display device and based on the first location information”), see Apple, Inc. v. Ameranth, Inc., 842 F.3d 1229, 120 U.S.P.Q.2d 1844 (Fed. Cir. 2016) (Holding that the claimed menu graphic user interface is an abstract idea under 35 USC §101, because claimant "[did] not claim a particular way of programming or designing the software to create menus that have these features, but instead merely claims the resulting systems").
Moreover, in regards to “apply it”, according to MPEP § 2106.05(f)(2):
Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, "claiming the improved speed or efficiency inherent with applying the abstract idea on a computer" does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015).
In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
The Examiner holds that the independent claims “use a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data)” or “simply add a general purpose computer or computer components after the fact to an abstract idea”.
All dependent claims are also rejected, because they merely further define the abstract idea.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 and 12-19 are rejected under 35 U.S.C. §§102(a)(1) and (a)(2) as being anticipated by US-11,829,988-B2 to Iqbal et al. (Eff. Filed on Apr. 7, 2015).
In regards to claim 1,
1. A system comprising:
a database that stores user information regarding a plurality of customers;
a network interface configured to communicate data over a network; and
a processing circuit comprising a processor and a memory, the memory structured to store instructions that, when executed by the processor, cause the processing circuit to:
receive, from a customer computing device, a first indication that a customer is within a first predetermined distance of a first customer area, wherein the first predetermined distance is associated with the first customer area, the first customer area associated with a terminal;
activate, based on the first indication, an interface of the customer computing device, the interface configured to receive an input;
(See Iqbal, claim 1: “A mobile device for facilitating different mobile-to-remote-system interactions, related to one or more transactions with an automated teller machine (ATM), respectively in connection with …
(i) the mobile device's transmission of short-range wireless signals at different times to the ATM and
(ii) detection of the mobile device as being within different triggering distance ranges of the ATM corresponding to the mobile-to-remote-system interactions, the mobile device comprising: one or more memory devices storing instructions; and
one or more processors configured to execute the instructions stored in the one or more memory devices to: in response to
(i) the mobile device wirelessly transmitting a first short-range wireless signal to the ATM and
(ii) the mobile device being detected, based on the first short-range wireless signal, as being within a first predetermined distance of and farther than a second predetermined distance from the ATM, receive, from a remote server, data that causes the mobile device to display a prompt comprising multiple transaction initiation options on a user interface of the mobile device; ...”)
receive a second indication that the customer is within a second predetermined distance of a second customer area, wherein the second customer area is within the first customer area and the second predetermined distance is less than the first predetermined distance; and
authorize, based on the second indication and reception of the input, a transaction at the terminal.
(See Iqbal, claim 1: “A mobile device for facilitating different mobile-to-remote-system interactions, related to one or more transactions with an automated teller machine (ATM), respectively in connection with …
receive, from the remote server, an authentication request comprising authentication requirements that include an authentication tier;
in response to
(i) the mobile device wirelessly transmitting another short-range wireless signal to the ATM after the transmission of the short-range wireless signal and
(ii) the mobile device being detected, based on the other short-range wireless signal, as being within the first and second predetermined distances of the ATM, transmit, from the mobile device to the remote server, authentication data for completing the transaction with the ATM, wherein transmitting the authentication data to the remote server comprises: determining one or more authentication options associated with authenticating capabilities of the mobile device;
selecting an authentication option of the one or more authentication options, wherein the authentication option conforms to the authentication requirements;
generating a prompt for user input based on the selected authentication option;
generating the authentication data based on the user input; and
transmitting the generated authentication data to the remote server; and
in response to transmitting the authentication data, receive an authentication confirmation.”)
(See Iqbal, col.12, lines 43-60: “At step 340, FSP device 120 may authenticate and authorize the transaction. In some embodiments, FSP device 120 may authenticate the transaction by comparing the received authentication data with stored customer data corresponding to the particular user. When the customer data matches the authentication data, the transaction may be authenticated, and FSP device 120 may then authorize the transaction. FSP device 120 may transmit a signal to local FSP device 130, via network 140, that the transaction has been authenticated and authorized. Alternatively, local FSP device 130 may authenticate and authorize the transaction independent from FSP device 120. The amount and type of authentication data required for FSP device 120 to authenticate the transaction may be determined by the amount of the transaction. For example, a higher transaction amount may require additional or more secure authentication data. Additional embodiments relating to authenticating and authorizing transactions are disclosed below.”)
In regards to claim 2,
2. The system of claim 1, wherein the instructions, when executed by the processor, further cause the processing circuit to:
receive authentication information from the customer computing device; and
authenticate the customer by comparing the received authentication information to information stored in the database.
(See Iqbal, col.12, lines 43-60: “At step 340, FSP device 120 may authenticate and authorize the transaction. In some embodiments, FSP device 120 may authenticate the transaction by comparing the received authentication data with stored customer data corresponding to the particular user. When the customer data matches the authentication data, the transaction may be authenticated, and FSP device 120 may then authorize the transaction. FSP device 120 may transmit a signal to local FSP device 130, via network 140, that the transaction has been authenticated and authorized. Alternatively, local FSP device 130 may authenticate and authorize the transaction independent from FSP device 120. The amount and type of authentication data required for FSP device 120 to authenticate the transaction may be determined by the amount of the transaction. For example, a higher transaction amount may require additional or more secure authentication data. Additional embodiments relating to authenticating and authorizing transactions are disclosed below.”)
In regards to claim 3,
3. The system of claim 2, wherein the instructions, when executed by the processor, further cause the processing circuit to provide a second interface of the customer computing device responsive to the customer being authenticated.
(See Iqbal, col.14, lines 15-30: “At step 420, user device 110 may prompt the user to initiate a financial transaction. For example, user device 110 may be configured to execute software that generates a prompt to (or causes a prompt to be generated to) the user to initiate a financial transaction. For example, FSP device 120 may generate and provide information that may be used in an interface that is displayed by user device 110 via a display device. Additionally or alternatively, local FSP device 130 may transmit a signal to user device 110, for example, via BLE or NFC networks, indicating that user device 110 is within a threshold distance from local FSP device 130. In some embodiments, user device 110 may display a prompt to the user. For example, the prompt may be a message displayed on user device 110. For example, the prompt may be an email, text message, message within a mobile application, or pop-up, among other things.”)
In regards to claim 4,
4. The system of claim 3, wherein the authentication information includes at least one of a password, a PIN, a customer identification number, a customer answer to a verification question, customer biometric data, or a customer image.
(See Iqbal, col. 12, lines 21-42: “FSP device 120 and/or local FSP device 130 may detect user device 110 within the necessary threshold proximity. In certain embodiments, local FSP device 130 may receive authentication data from user device 110 (step 330). For example, user device 110 may be configured to execute software that generates a prompt to (or causes a prompt to be generated to) the user to enter authentication data. The user may then enter the authentication data into user device 110. In certain aspects, the disclosed embodiments may iteratively prompt the user for additional authentication data until the necessary authentication data has been received. In other embodiments, FSP device 120 may receive authentication data through user device 110. If, for example, local FSP device 130 receives the authentication data, the data may then be transmitted to FSP device 120 for authentication. Authentication data may include, for example, a user name and password, social security number, ATM pin, biometric data, or other data associated with user identification methods (e.g., SureSwipe8 or the like). Biometric data may include, for example, a fingerprint scan, voice recognition, facial recognition, retina or iris scan, heartbeat or pulse pattern, or palm vein scan.”)
In regards to claim 5,
5. The system of claim 1, wherein the instructions, when executed by the processor, further cause the processing circuit to:
transmit, based on the second indication and by the network interface over the network, transaction information regarding the transaction at the terminal.
(See Iqbal, col. 11, lines 39-51: “At step 310, FSP device 120 may receive transaction data. In one aspect, FSP device 120 may receive transaction data from user device 110. As an example, user device 110 may execute a mobile application associated with the financial service provider associated with FSP device 120. The user device 110 may transmit transaction data via network 140 to FSP device 120. Transaction data may be entered manually into user device 110 by a user, for example by typing it on a keyboard or other input device (not shown), using voice recognition software, etc. Transaction data may also be entered and transmitted automatically, for example, by a mobile application on user device 110. Alternatively, local FSP device 130 may receive the transaction data from user device 110. For example, a user operating user device 110 may enter information requesting a monetary withdrawal of funds from a financial service account provided by a financial service provider (e.g., an entity associated with FSP device 120), or additionally or alternatively may enter information requesting an alternative financial transaction, such as ordering certified funds, depositing money, and/or transferring funds. User device 110 may be configured to generate an interface to request transaction data from the user regarding the withdrawal.”)
In regards to claim 6,
6. The system of claim 1, wherein the second indication that the customer is within the second predetermined distance of the second customer area is received from the customer computing device.
(See Iqbal, col. 14, lines 31-47: “Alternatively, local FSP device 130 may transmit a signal to FSP device 120, which may then transmit a signal to user device 110 indicating that it is within a threshold distance of a local FSP device 130. For example, user device 110 may be configured to detect local FSP device 130. In certain embodiments, user device 110 operating a mobile application may locate and detect local FSP device 130 via signals transmitted over for example, BLE or NFC networks. FSP device 120 may transmit a signal to user device 110 that may cause user device 110 to display a prompt to the user. For example, user device 110 may be configured to execute software that generates a prompt to (or causes a prompt to be generated to) the user to initiate a financial transaction. The prompt may be displayed within a mobile application running on user device 110. The prompt may contain, for example, a selection of possible transactions a user may initiate on user device 110.”)
In regards to claim 7,
7. The system of claim 6, wherein the second indication that the customer is within the second predetermined distance of the second customer area includes location information regarding the customer computing device.
(See Iqbal, col. 25, lines 11-20: “Assuming the authentication tier level determined in step 1005 is greater than one, FSP device 120 may prompt the user to provide authentication data sufficient to satisfy the first authentication tier (step 1010). FSP device 120 may then receive authentication data (step 1015). FSP device 120 may receive authentication data from, for example, user device 110. Authentication data may be entered manually by the user (e.g., username and password) or may be automatically transmitted to FSP device 120 by user device 110 (e.g., GPS data, phone or device identifier, etc.).”)
In regards to claim 8,
8. The system of claim 1, wherein the second indication that the customer is within the second predetermined distance of the second customer area is based upon information obtained via a surveillance device.
(See Iqbal, col. 25, lines 11-20: “Assuming the authentication tier level determined in step 1005 is greater than one, FSP device 120 may prompt the user to provide authentication data sufficient to satisfy the first authentication tier (step 1010). FSP device 120 may then receive authentication data (step 1015). FSP device 120 may receive authentication data from, for example, user device 110. Authentication data may be entered manually by the user (e.g., username and password) or may be automatically transmitted to FSP device 120 by user device 110 (e.g., GPS data, phone or device identifier, etc.).”)
(See Iqbal, col. 8, lines 22-34: “Additionally or alternatively, network 140 may include a direct communication network. Direct communications may use any suitable technologies, including, for example, BLUETOOTH™, BLUETOOTH LE™ (BLE), Wi-Fi, near field communications (NFC), or other suitable communication methods that provide a medium for transmitting data between separate devices. In certain embodiments, user device 110 and local FSP device 130 may connect and communicate through a direct communications network.”)
The Examiner interprets that a GPS sensor is needed to obtain GPS data, and can be used as a “surveillance device”. Likewise Bluetooth and Wi-Fi can be used for surveillance.
In regards to claim 12, it is rejected on the same grounds as claim 1.
In regards to claim 13,
13. The method of claim 12, further comprising:
receiving, by the computing system, authentication information from the customer computing device;
authenticating, by the computing system, the customer by comparing the received authentication information to information stored in the computing system; and
(See Iqbal, col.12, lines 43-60: “At step 340, FSP device 120 may authenticate and authorize the transaction. In some embodiments, FSP device 120 may authenticate the transaction by comparing the received authentication data with stored customer data corresponding to the particular user. When the customer data matches the authentication data, the transaction may be authenticated, and FSP device 120 may then authorize the transaction. FSP device 120 may transmit a signal to local FSP device 130, via network 140, that the transaction has been authenticated and authorized. Alternatively, local FSP device 130 may authenticate and authorize the transaction independent from FSP device 120. The amount and type of authentication data required for FSP device 120 to authenticate the transaction may be determined by the amount of the transaction. For example, a higher transaction amount may require additional or more secure authentication data. Additional embodiments relating to authenticating and authorizing transactions are disclosed below.”)
transmitting, by the computing system and responsive to aut