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 .
DETAILED ACTION
This Office Action is in response to an AMENDMENT entered July 24, 2026 for the patent application 18/834,579.
Continued Examination Under 37 C.F.R. §1.114
A request for continued examination ("RCE") under 37 C.F.R. §1.114, including the fee set forth in 37 C.F.R. §1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 C.F.R. §1.114, and the fee set forth in 37 C.F.R. §1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 27, 2026 has been entered.
Status of Claims
Claims 1, 4 – 5, 8 – 9 and 13 are pending in the application.
Claims 1, 5 and 9 are currently amended in the application.
Claims 2, 3, 6, 7, 10 - 12 is cancelled in the application without prejudice or disclaimer.
Response to Arguments
Applicant's arguments filed with an Amendment on February 03, 2026 have been fully considered but they are not persuasive.
Applicant Argument:
“The power supply controller is not a "generic computer component." It is a specific hardware controller installed on the antenna coil of the payment chip (see paragraph [0043] of the specification: "a power supply controller is installed on an antenna coil of a payment chip"). Its function is to physically switch the power supply path for the payment chip - either enabling the battery to supply power or enabling the antenna coil to supply induced electricity. This is not a generic computer function. Furthermore, the control logic (switching on/off the power supply controller based on detected battery power) is specific to the hardware configuration and is inextricably tied to the physical operation of the payment chip. It does not describe a business practice or mental process. Therefore, all the additional elements, when considered both separately and as an ordered combination, integrate the abstract idea into a practical application by imposing meaningful limits on how the payment chip is powered and by solving a specific technological problem (battery exhaustion) using specific hardware and control logic.“, (see page 8 of the Remarks).
Examiner’s Response:
Examiner respectfully disagrees. The claims does not include an inventive concept sufficient to transform the claimed abstract idea into a patent-eligible invention. This judicial exception is not integrated into a practical application. In particular, the claim recites one additional element – a payment chip to perform both the acquiring and switching steps. The power supply controller installed on an antenna coil of the payment chip does not inventive concept that would help overcome the claims being an abstract idea into a patent-eligible invention. The payment chip in both steps is recited at a high-level of generality (i.e., as a generic payment chip performing a generic computer function of facilitating the request for the payment device) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1, 4 – 5, 8 – 9 and 13 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1, 4 – 5, 8 – 9 and 13 are either directed to a method or system or computer readable medium, which are statutory categories of invention. (Step 1: YES).
The Examiner has identified method claim 1 as the claim that represents the claimed invention for analysis and is similar to apparatus claims 5 and 9. Claim 1 recites the limitations of:
( A ) establishing a communication connection with a payee device through near field communication;
( B ) acquiring a battery power of a device carrying a payment chip, when the payment chip enters a payment state based on the established communication connection, wherein the payment chip comprises an antenna coil, and the antenna coil has a power supply controller;
( C ) switching on the power supply controller to power the payment chip by electricity generated in the antenna coil of the payment chip through a near field communication alternating magnetic field of the payee device, when the battery power is insufficient to support the payment of digital currency; and
( D ) switching off the power supply controller such that the battery power is supplied to the payment chip for the payment of digital currency, when the battery power is sufficient to support the payment of digital currency.
These limitations without the bolded limitations above, cover performance of the limitations as certain methods of organizing human activity under their broadest reasonable interpretation.
More specifically, these limitations cover performance of the limitations as a fundamental economic practice.
In summary, if claim 1 limitations, under its broadest reasonable interpretation, covers performance of the limitation as a fundamental economic practice, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. Claims 5 and 9 are also abstract for similar reasons. (Step 2A-Prong 1: YES. The claims are abstract).
The use of the payee device or any of the bolded limitations in claim 1 are just applying generic computer components to the recited abstract limitations. Similar arguments apply to claims 5 and 9.
Therefore, the above mentioned judicial exception is not integrated into a practical application by merely applying generic computer components (bolded elements).
Furthermore, the “establishing” and “acquiring” steps are recited at a high level of generality and amounts to mere data gathering/transmitting, which are forms of insignificant extra-solution activity (See MPEP 2106.05(g): CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375 (Fed. Cir. 2011); and OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015)).
In addition, supported by specification, the computer hardware are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component., see MPEP 2106.05(f), where applying a computer or using a computer is not indicative of a practical application).
Claim 1, limitation ( A ) and ( C ) above in Applicant’s specification para [0014], which discloses “A device for payment of digital currency includes: a connection establishment module configured to establish a communication connection with a payee device through near field communication; a power acquisition module configured to acquire a battery power of a device carrying a payment chip, when the payment chip enters a payment state based on the established communication connection; and a power supply and payment module configured to power the payment chip for the payment of digital currency by electricity generated in an antenna coil of the payment chip through a near field communication alternating magnetic field of the payee device, when the battery power is insufficient to support the payment of digital currency.“.
Also, claim 1, limitation ( B ), ( C ) and ( D ) above in Applicant’s specification para [0043], which discloses “In step S201, a power supply controller is installed on an antenna coil of a payment chip. The payment chip includes, for example, a near field communication (NFC) chip and a secure element (SE) chip. The NFC chip and the SE chip may be packaged together as a combined chip. The antenna coil may be an antenna coil of the NFC chip, or may be an antenna coil of the combined chip. Generally, the antenna coil belongs to the payment chip. NFC refers to Near Field Communication. Devices using the NFC technology (such as mobile phones) can exchange data when they are close to each other. This technology is evolved from an integration of non-contact radio frequency identification (RFID) and interconnection technology. Functions of an inductive card reader, an inductive card, and point-to-point communication are integrated on a single chip, so that mobile payment, electronic ticketing, access control, mobile identity recognition, anti-counterfeiting and other applications are realized by the mobile terminal. SE refers to a Secure Element.”.
Also, claim 1, limitation ( B ) and ( C ) above in Applicant’s specification para [0016], which discloses “According to one or more embodiments of the present disclosure, the power supply and payment module is further configured to switch on the power supply controller to power the payment chip by electricity generated in the antenna coil of the payment chip through the near field communication alternating magnetic field of the payee device, when the battery power is insufficient to support the payment of digital currency; and wherein the power supply and payment module is further configured to: switch off the power supply controller such that the battery power is supplied to the payment chip for the payment of digital currency, when the battery power is sufficient to support the payment of digital currency.“.
Also, claim 1, limitation ( B ), ( C ) and ( D ) above in Applicant’s specification para [0043], which discloses “In step S201, a power supply controller is installed on an antenna coil of a payment chip. The payment chip includes, for example, a near field communication (NFC) chip and a secure element (SE) chip. The NFC chip and the SE chip may be packaged together as a combined chip. The antenna coil may be an antenna coil of the NFC chip, or may be an antenna coil of the combined chip. Generally, the antenna coil belongs to the payment chip. NFC refers to Near Field Communication. Devices using the NFC technology (such as mobile phones) can exchange data when they are close to each other. This technology is evolved from an integration of non-contact radio frequency identification (RFID) and interconnection technology. Functions of an inductive card reader, an inductive card, and point-to-point communication are integrated on a single chip, so that mobile payment, electronic ticketing, access control, mobile identity recognition, anti-counterfeiting and other applications are realized by the mobile terminal. SE refers to a Secure Element.“.
Also, claim 1, limitation ( C ) above in Applicant’s specification para [0078], which discloses “The server 605 may provide various services, for example, serving as a back-end management server (as an example only) that supports a payment request transmitted by a user through the terminal devices 601, 602, and 603. The back-end management server may perform a process on the data such as the received payment request, such as establish a communication connection with a payee device through near field communication; acquire a battery power of a device carrying a payment chip, when the payment chip enters a payment state based on the established communication connection; and power the payment chip for the payment of digital currency by electricity generated in an antenna coil of the payment chip through a near field communication alternating magnetic field of the payee device, in a case where the battery power is insufficient to support the payment of digital currency; and so on. The server may feedback the process result (such as a result of the payment of digital currency, as an example only) to the terminal device.“. Similar arguments apply to claims 5 and 9.
Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Therefore, claims 1, 5 and 9 are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application).
The claims 1, 5 and 9 do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements (bolded elements above) amount to no more than mere instructions to apply the abstract idea using generic computer components. In conclusion, merely "applying" the exception using generic computer components cannot provide an inventive concept. Therefore, the claims 1, 5, and 9 are not patent eligible under 35 USC 101. (Step 2B: NO. The claims do not provide significantly more).
Dependent Claims
Dependent claims 4, 8 and 13 are also rejected under 35 U.S.C. 101. Dependent claims 4, 8 and 13 further define the abstract idea or further define the extra-solution activities that are present in independent claim 1 thus abstract idea correspond to certain methods of organizing human activity as presented above. Claims 4, 8 and 13 clearly further define the abstract idea as stated above and further define extra-solution activities such as presenting data and transmitting/receiving data.
Furthermore, dependent claims 4, 8 and 13 do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination.
Regarding claims 4, 8 and 13, these claims merely recites, “wherein the payment chip comprises a secure element and a near field communication unit, the secure element is configured to perform safe payment, and the near field communication unit is configured to establish the communication connection with the payee device.”. These limitation merely recites storing data in a server which amounts to no more than gathering/storing data which is a form of insignificant extra-solution activity (See MPEP 2106.0S(g)(3)(iii): GIP Technologies, 788 F.3d at 1363). This does not integrate the abstract idea into a practical application because it has been determined, by the courts, that the concept of storing data is well-understood, routine, and conventional activity (See MPEP 2106.0S(d)(II): Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334 (Fed. Cir. 2015)). Similar arguments can be made for claims 4 and 13.
As a result, such limitations do not overcome the requirements as described above. Therefore, claims 4, 8 and 13 are directed to an abstract idea. Thus, claims 1, 4 – 5, 8 – 9 and 13 are not patent eligible.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN H. HOLLY whose telephone number is (571)270-3461. The examiner can normally be reached on MON. - FRI 10 AM - 8 PM.
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/John H. Holly/Primary Examiner, Art Unit 3696
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