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 February 03, 2026 for the patent application 18/834,579.
Status of Claims
Claims 1, 3 – 5, 7 – 9, 12 and 13 are pending in the application.
Claims 1, 3, 5, 7, 9 and 12 are currently amended in the application.
Claims 2, 6, 10 and 11 is cancelled in the application without prejudice or disclaimer.
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Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on December 19, 2025 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, this Information Disclosure Statement is being considered by the Examiner.
Response to Arguments
Examiner would like to point out that the Supreme Court in KSR International Co. v. Teleflex Inc. described seven rationales to support rejections under 35 U.S.C. 103:
Combining prior art elements according to known methods to yield predictable results;
Simple substitution of one known element for another to obtain predictable results;
Use of known technique to improve similar devices (methods, or products) in the same way;
Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
“Obvious to try” –choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art; and
Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Prior art is not limited just to the references being applied, but includes the understanding of one of ordinary skill in the art. The prior art reference (or references when combined) need not teach or suggest all the claim limitations; however, Office personnel must explain why the difference(s) between the prior art and the claimed invention would have been obvious to one of ordinary skill in the art. The “mere existence of differences between the prior art and an invention does not establish the invention’s nonobviousness.” see Dann v. Johnson, 425 U.S. 219, 230 (1976).
Applicant's arguments filed with an Amendment on February 03, 2026 have been fully considered but they are not persuasive.
Applicant Argument:
“According to at least the technical features "establishing a communication connection with a payee device through near field communication" and "acquiring a battery power of a device carrying a payment chip", the technical solution in claim 1 involves the establishment of specific physical communication connections and the acquisition of battery power of detail hardware devices, and then subsequent processes are performed based on the established physical communication connection and the acquired battery power. The above processes are performed based on specific hardware, networks, related protocols and algorithms, and cannot be executed by the human brain, so that the claimed invention is not directed to an abstract idea but rather a specific technical solution based on the combination of software and hardware.“, (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 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 § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3 – 5, 7 – 9, 12 and 13 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
With respect to claims 1, 5 and 9
Claims 1, 5 and 9 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claims 1, 5 and 9 recite “wherein the antenna coil of the payment chip has a power supply controller.”. The claim limitations lacks antecedent bases. Appropriate corrections are required.
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, 3 – 5, 7 – 9, 12 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, 3 – 5, 7 – 9, 12 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 antenna coil of the payment chip has a power supply controller; and
( 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.
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 ) and ( C ) 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 ( C ) 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 3 – 4, 7 – 8, 12 and 13 are also rejected under 35 U.S.C. 101. Dependent claims 3 – 4, 7 – 8, 12 and 13 are 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 3 – 4, 7 – 8, 12 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 3 – 4, 7 – 8, 12 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 3, 7 and 12, these claims merely recite, "switching 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 method further comprises: 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.“. This does not integrate the abstract idea into a practical application because it does not impose any meaningful limitation on practicing the abstract idea. . Similar arguments can be made for claims 7 and12.
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 and13.
As a result, such limitations do not overcome the requirements as described above. Therefore, claims 3 – 4, 7 – 8, 12 and 13 are directed to an abstract idea. Thus, claims 1, 3 – 5, 7 – 9, 12 and 13 are not patent eligible.
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 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 of this title, 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.
Claims 1, 3 – 5, 7 – 9, 12 and 13 are rejected under 35 U.S.C. 103 as being obvious over Deyan Zeng (Pub. # CN 109688571 A – herein referred to as Zeng) in view of Matthew Maibach et al. (Pat. # US 11,501,281 B1 – herein referred to as Maibach).
Re: Claim 1, Zeng discloses a method for payment of digital currency, comprising:
establishing a communication connection with a payee device through near field communication (Zeng, Page 3, lines 23 – 33 – As can be seen from the above description, the present invention provides a kind of NFC Working mode switching method, in the battery electricity of the first equipment When amount is less than the first power threshold (electricity critical value of the not enough power supply to maintain the whole system of the first equipment to operate normally), then Stop powering to the control module of first equipment, other electronic modules of first equipment are to connect with control module respectively It connects, is powered by control module, that is, having cut away the power supply of the whole system of the first equipment, then make battery directly and NFC Module connection, since power consumption is small for whole system for NFC module, for its normal work, to complete the payment of NFC Transaction When the battery capacity is less than default second power threshold, (not enough power supply is faced with the electricity for maintaining NFC module to work normally Dividing value) when, it controls preset second equipment and issues carrier wave, drive the coil of the NFC module to generate electric current, so that NFC is in Passive mode working condition. The present invention is solved when the battery capacity deficiency of equipment, and whole equipment is in off-mode, makes to set The problem of standby NFC is unable to complete normal payment transaction, the present invention improves user experience.);
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 antenna coil of the payment chip has a power supply controller (Zeng, Page 5, lines 1 – 11 – As can be seen from the above description, the present invention provides a kind of NFC operating mode switching terminal, in the battery electricity of the first equipment When amount is less than the first power threshold (electricity critical value of the not enough power supply to maintain the whole system of the first equipment to operate normally), then Stop powering to the control module of first equipment, other electronic modules of first equipment are to connect with control module respectively It connects, is powered by control module, that is, having cut away the power supply of the whole system of the first equipment, then make battery directly and NFC Module connection, since power consumption is small for whole system for NFC module, for its normal work, to complete the payment of NFC Transaction When the battery capacity is less than default second power threshold, (not enough power supply is faced with the electricity for maintaining NFC module to work normally Dividing value) when, it controls preset second equipment and issues carrier wave, drive the coil of the NFC module to generate electric current, so that NFC is in Passive mode working condition. The present invention is solved when the battery capacity deficiency of equipment, and whole equipment is in off-mode, makes to set The problem of standby NFC is unable to complete normal payment transaction, the present invention improves user experience.); (Zeng, Page 4, lines 13 – 14 – When the battery capacity is less than default second power threshold, the amplifier chip is set to be in short-circuit condition, and make SE chip input terminal is connect with described coil antenna one end, and the coil antenna other end is connect with the SE chip output.).
However, Zeng does not expressly disclose:
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.
In a similar field of endeavor, Maibach discloses:
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 (Maibach, Page 13, lines 49 – 60 – As illustrated, the wireless payment reader 102 may begin in a full-off state 302 in which the primary microcontroller 130, the short-range-wireless microcontroller 132, and the NFC antenna 142 are off. Upon receiving a trigger 304, such as a button push, plugging in the device, or awaking the wireless payment reader 102 via an RF field, the wireless payment reader 102 may transition to a boot state 306. In the boot state, the wireless payment reader 102 may power on and, thus, for a relatively short amount of time, both the primary microcontroller 130 and the short-range-wireless microcontroller 132 may be active, while the NFC antenna 142 may remain off.).
Therefore, in light of the teachings of Maibach, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method of Zeng, motivation according to one KSR Exemplary Rationale where a known technique is used to improve similar methods and systems in the same way by providing a wireless payment readers configured to transfer between multiple different power states.
Re: Claim 3, Zeng discloses the method according to claim 1, further comprises:
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 (Zeng, Page 8, lines 1 – 3 – When the battery capacity for detecting first equipment is less than default first power threshold, first equipment is controlled Shutdown, and the power supply circuit that battery is powered to the control module is cut off, and make the NFC of battery Yu first equipment Module electrical connection.).
Re: Claim 4, Zeng discloses the method according to claim 1,
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 (Zeng, Page 2, lines 4 – 10 – Intelligence payment bracelet not only has step counting, the rhythm of the heart, sleep monitor, time alarm clock of traditional intelligence bracelet because of it Etc. functions, also have payment function. This kind of payment devices realize that card is handed over mature near- field communication technology (NFC technique) Easily. Existing wearable payment devices are to connect front end amplifier chip using embedded-type security element (eSE) cooperation is non-mostly (front end Booster) realizes the non-contact card transaction under miniature antenna size. This mode is powered using battery, in this way It will appear user in use, device battery voltage drops to protection voltage range, and entire wearable payment devices, which are in, to close Machine state influences the progress of NFC transaction, seriously affects user experience.).
Re: Claim 5, Claim 5 is an apparatus claim corresponding to method claim 1. Therefore, claim 5 is analyzed and rejected as previously discussed with respect to claims 1.
Re: Claim 7, Claim 7 is an apparatus claim corresponding to method claim 3. Therefore, claim 7 is analyzed and rejected as previously discussed with respect to claims 3.
Re: Claim 8, Claim 8 is an apparatus claim corresponding to method claim 4. Therefore, claim 8 is analyzed and rejected as previously discussed with respect to claims 4.
Re: Claim 9, Claim 9 is an apparatus claim corresponding to method claim 1 and apparatus claim 5. Therefore, claim 9 is analyzed and rejected as previously discussed with respect to claims 1 and 5.
Re: Claim 12, Claim 12 is an apparatus claim corresponding to method claim 3 and apparatus claim 7. Therefore, claim 12 is analyzed and rejected as previously discussed with respect to claims 3 and 7.
Re: Claim 13, Claim 13 is an apparatus claim corresponding to method claim 4 and apparatus claim 9. Therefore, claim 13 is analyzed and rejected as previously discussed with respect to claims 4 and 8.
Conclusion
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 extension fee 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 date of this final action.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MATTHEW S. GART can be reached on 571-272-3955. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/John H. Holly/Primary Examiner, Art Unit 3696
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