DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Receipt is acknowledged of applicant’s amendment filed on 2/9/26. Claims 1-7, 19 canceled. Claims 8, 11-18 amended. Claims 20-27 newly added. Claims 8-18, and 20-27 are pending and an action on the merits is as follows.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) ) 8-10, and 12-22 and 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Nathaniel et al. US Publication No. 2014/0244409 in view of Berry et al. US Publication No. 2017/ 0109793 cited in previous action.
Re Claim 8, Nathaniel discloses a system for mobile payment processing wherein, comprising: a server (central sever ); and
a handheld mobile payment device (170), wherein the handheld mobile payment device (120) is a smart device coupled to a mobile credit card reader (P71 waiter portable terminal may be an optional accessory or device able to wirelessly communicate with POS terminal 110, and/or able to perform one or more functions that POS terminal 110 may perform, while being portable and mobile., ) and is configured to: receive an identifier ( unique code,)associated with a customer (P71) ; query the server for order information (purchase tab at the establishment) correlated to the identifier (P92).
Nathanel fails to disclose presenting , via a display of the handheld mobile payment device, the order information; receive payment information; securely transmit the payment information to a payment processor; and responsive to receiving a confirmation from the payment processor, post a record to the server, the record indicating the confirmation.
Berry discloses presenting , via a display of the handheld mobile payment device, the order information; receive payment information; securely transmit the payment information to a payment processor; and responsive to receiving a confirmation from the payment processor, post a record to the server, the record indicating the confirmation(P 19, P35-P36, P44-47, P98-P99_P125-P127, P138 P162).
Given the teachings of Berry it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Nathanel with presenting , via a display of the handheld mobile payment device, the order information; receive payment information; securely transmit the payment information to a payment processor; and responsive to receiving a confirmation from the payment processor, post a record to the server, the record indicating the confirmation.
Doing so would provide the ability to monitor different transactions in real-time and provides an enhanced dining experience thereby increasing the overall productivity of the system (Abstract).
Re Claim 9, Nathanel and Berry discloses the system of claim 8, and Berry discloses wherein the payment information comprises information related to a physical credit card (Fig. 1).
Re Claim 10, Nathanel and Berry discloses the system of claim 8, and Berry disclose wherein the payment information comprises information from a mobile wallet (P163).
Re Claim 12, Nathanel and Berry discloses the system of claim 8, and Barry discloses wherein the payment information is stored locally in the handheld mobile payment device for transmission to the payment processor at a time substantially after a time of ordering (P19, P29, P36).
Re Claim 13, Nathanel and Berry discloses the system of claim 8, and Nathanel discloses wherein: the handheld mobile payment device is further configured to: open a tab for the customer, the tab including the order information (P71) ;responsive to receiving additional item orders: adding the additional item orders to the tab; and incrementally increasing a preauthorization amount based on the additional item orders is made as the customer orders items, and a smart device or the handheld mobile payment device is configured to provide the tab (P24-P25, P90, P126).
Re Claim 14, Nathanel and Berry discloses the system of claim 8, wherein: and Berry discloses the handheld mobile payment device is also utilized further configured to take orders for items from customers (P29).
Re Claim 15, Nathanel and Berry discloses the system of claim 13, and Nathanel discloses wherein the tab is closed by a customer through the smart device (P73, P93, P135).
Re Claim 16, Nathanel and Berry discloses the system of claim 13, and Nathanel discloses wherein the tab is closed through the handheld mobile payment device (P71-72).
Re Claim 17, Nathanel and Berry discloses the system of claim 13, and Nathanel discloses wherein the tab is closed after a time period of inactivity has elapsed (P43, 118, P141, P130).
Re Claim 18, Nathanel and Berry discloses the system of claim 8, and Nathanel discloses wherein the handheld mobile payment device is further configured to provide the order information to a loyalty program (P91, Fig. 7e).
Re Claim 20, Nathanel discloses a computer-implemented method for mobile payment processing, comprising:
receiving, via a handheld mobile payment device (170), an identifier associated with a customer; querying a server for order information correlated to the identifier; wherein the handheld mobile payment device a smart device coupled to a mobile credit card reader (P71, P92, waiter portable terminal may be an optional accessory or device able to wirelessly communicate with POS terminal 110, and/or able to perform one or more functions that POS terminal 110 may perform, while being portable and mobile)
Nathanel fails to disclose presenting, via a display of the handheld mobile payment device, the order information; receiving, by the handheld mobile payment device, payment information; securely transmitting, by the handheld mobile payment device, the payment information to a payment processor; and responsive to receiving a confirmation from the payment processor, posting a record to the server, the record indicating the confirmation.
Berry discloses presenting, via a display of the handheld mobile payment device, the order information; receiving, by the handheld mobile payment device, payment information; securely transmitting, by the handheld mobile payment device, the payment information to a payment processor; and responsive to receiving a confirmation from the payment processor, posting a record to the server, the record indicating the confirmation (P 19, P35-P36, P44-47, P98-P99, P125-P127, P138 P162).
Given the teachings of Berry it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Nathanel with presenting, via a display of the handheld mobile payment device, the order information; receiving, by the handheld mobile payment device, payment information; securely transmitting, by the handheld mobile payment device, the payment information to a payment processor; and responsive to receiving a confirmation from the payment processor, posting a record to the server, the record indicating the confirmation.
Doing so would provide the ability to monitor different transactions in real-time and provides an enhanced dining experience thereby increasing the overall productivity of the system (Abstract).
Re Claim 21, Nathanel and Berry discloses the computer-implemented method of claim 20, Berry discloses wherein the payment information comprises information related to a physical credit card (Fig. 1).
Re Claim 22, Nathanel and Berry discloses the computer-implemented method of claim 20, and Berry discloses wherein the payment information comprises information from a mobile wallet (P163).
Re Claim 24, Nathanel and Berry discloses the computer-implemented method of claim 20, and Berry discloses further comprising storing the payment information locally in the handheld mobile payment device for transmission to the payment processor for transmission to the payment processor substantially after a time of ordering(P91, Fig. 7e).
Re Claim 25, Nathanel and Berry discloses the computer-implemented method of claim 20, and Nathanel discloses further comprising: opening a tab for the customer, the tab including the order information; responsive to receiving additional item orders: adding the additional item orders to the tab; and incrementally increasing a preauthorization amount based on the additional item orders; and providing the tab via a smart device or the handheld mobile payment device (P24-P25, P71, P90, P126).
Re Claim 26, Nathanel and Berry discloses the computer-implemented method of claim 25, and Nathanel discloses further comprising closing the tab responsive to: a command received from the customer via a smart device; a command received from the handheld mobile payment device; or automatically after a time period of inactivity has elapsed (P43, 118, P141, P130).
Re Claim 27, Nathanel and Berry discloses the computer-implemented method of claim 20, and Berry discloses further comprising: providing customer information to a loyalty program, the customer information comprising the order information and the payment information; generating customer insights based on the customer information; and providing directed offers based on the customer insights (P91, Fig. 7e). .
Claim(s) 11 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Nathaniel et al. US Publication No. 2014/0244409 in view of Berry et al. US Publication No. 2017/ 0109793 cited in previous action as applied to claim 11 above, and further in view of Werbitt US Publication No. 2004/006844.
Re Claim 11, Nathanel and Berry discloses the system of claim 8, but fail to disclose wherein- received identifier comprises a room number and a first name, the order information includes a current status of the room number and a second name associated with the room number, and the handheld mobile payment device is further configured to: verify the received room number and first name based on the current status and the second name, and present the order information only responsive to positively verifying the received room number and first name.
Werbitt discloses received identifier comprises a room number and a first name, the order information includes a current status of the room number and a second name associated with the room number, and the handheld mobile payment device is further configured to: verify the received room number and first name , (verify the patron's name as displayed on display device 114) based on the current status and the second name, and present the order information only responsive to positively verifying the received room number and first name (P40-P41, P80, P82 P143, P153, P159, P174 and see claim 30 Fig. 9 prior to submitting or accepting an order the portable patron unit may request that the patron enter security information such as a PIN code previously selected and entered in to the system by the patron. This information is then verified and authenticated).
Given the teachings of Werbitt it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Nathanel and Berry with wherein- received identifier comprises a room number and a first name, the order information includes a current status of the room number and a second name associated with the room number, and the handheld mobile payment device is further configured to: verify the received room number and first name based on the current status and the second name, and present the order information only responsive to positively verifying the received room number and first name.
Displaying information on patrons, including order status, is used to service the patrons effectively and efficiently (P40).
Re Claim 23, Nathanel and Berry discloses the computer-implemented method of claim 20, but fails to disclose wherein: the received identifier comprises a room number and a first name, the order information includes a current status of the room number and a second name associated with the room number, and the computer-implemented method further comprises: verifying the received room number and first name based on the current status and the second name, and presenting the order information only responsive to positively verifying the received room number and first name.
Werbitt discloses wherein: the received identifier comprises a room number and a first name, the order information includes a current status of the room number and a second name associated with the room number, and the computer-implemented method further comprises: verifying the received room number and first name based on the current status and the second name, and presenting the order information only responsive to positively verifying the received room number and first name(P40-P41, P80, P82 P143, P153, P159, P174 and see claim 30 Fig. 9).
Given the teachings of Werbitt it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Nathanel and Berry with wherein: the received identifier comprises a room number and a first name, the order information includes a current status of the room number and a second name associated with the room number, and the computer-implemented method further comprises: verifying the received room number and first name based on the current status and the second name, and presenting the order information only responsive to positively verifying the received room number and first name.
Displaying information on patrons, including order status, is used to service the patrons effectively and efficiently (P40).
Response to Arguments
Applicant’s arguments with respect to claim(s) 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant amended the claims with new limitations which necessitated new search and consideration. Therefore this action is made final.
Conclusion
The following reference is cited but not relied upon:
Pietra et al. discloses payment information can be stored locally for later transmission to a remote payment processor. In this embodiment, when payment is taken for a cover charge, the taking of payments via the handheld mobile payment device permits the payments to immediately post to the venue's point of sales system.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONJI N JOHNSON whose telephone number is (571)270-5266. The examiner can normally be reached 9am-9pm.
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SONJI N. JOHNSON
Examiner
Art Unit 2876
/SONJI N JOHNSON/Primary Examiner, Art Unit 2876
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