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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 8 recites in part,
“A remote control device, comprising:
a lightweight mobile point-of-sale (mPOS) system including a contactless payment reader, wherein the lightweight mPOS system is configured to:
transmit, to a media system, a selection of content or an item displayed by the media system;
receive, from the media system at the remote control, an activation signal configured to activate the lightweight mPOS system, wherein the lightweight mPOS system comprises a contactless payment reader; and
activate the lightweight mPOS system responsive to receiving the activation signal, wherein activating the lightweight mPOS system results in an activated contactless payment reader.”
Applicant’s specification teaches that,
“[0042] In 302, a selection of media content is received. In an embodiment, the selection may be received at remote control 200, such as through manipulation of input 208…
[0043] In an embodiment, the selection may be received, in the form of a command or signal from remote control 200, at media device 114. Remote control 200 may transmit command or signal in response to manipulation of input 208; for example, pressing a physical button on remote control 200 may result in causing processor 204 to transmit a command or signal to media device 114 that results in selection of media content currently being displayed by media device 114…
[0050] In 312, if media device 114 determines to use the lightweight mPOS functionality in remote control 200 to purchase the selected content (e.g., through receiving a signal responsive to a prompt displayed on display device 112), media device 114 may transmit a signal to remote control 200 to activate lightweight mPOS terminal 210. In an embodiment, lightweight mPOS terminal 210 is, by default, deactivated in order to preserve battery life of remote control 200. Lightweight mPOS terminal 210 may then be activated on-demand to authorize purchases of selected content. Once activated, remote control 200 becomes an ad-hoc lightweight mPOS capable of receiving payment information for the purchase of selected content provided through media device 114. Activation of lightweight mPOS terminal 210 may result in activation of mPOS controller 212 and may also result in activation of contactless interface 214. When activated, lightweight mPOS terminal 210 enables remote control 200 to operate as a lightweight mPOS that is capable of receiving contactless payments in a secure manner.”
From the above paragraphs, the steps of “transmitting a selection”, “receiving an activation signal” and “activating the lightweight mPOS system” are performed by the remote control device prior to activating the lightweight mPOS system.
This is in contrast to the lightweight mPOS system configured to perform the recited steps as described in the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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 1-7 and 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites in part “receiving, by the remote control from the media system at the remote control…” It is unclear if the media system is separate from or part of the remote control.
Claim 1 recites the limitation "the media device" in line 15. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the display screen” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites in part, “transmitting, by a remote control to a media system, a selection of content or an item displayed by the media system…”
It is unclear if the recited “remote control” is the same or different from the remote control recited in the preamble.
Claim 15 recites in part “receiving, by the remote control from the media system at the remote control…” It is unclear if the media system is separate from or part of the remote control.
Applicant is respectfully requested to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Appropriate correction is required.
Claims 2-7 and 16-20 are rejected based on their dependence, directly or indirectly, on claims 1 or 15.
Claims 2, 9 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. This claim is an omnibus type claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Appl. Pub. No. 2016/0328690 (Atwal et al. – hereinafter Atwal), and further in view of U.S. Patent Appl. Pub. No. 2014/0006285 (Chi et al. – hereinafter Chi).
Referring to claim 1, Atwal discloses a method performed by at least one computer processor for implementing a lightweight mobile point-of-sale (mPOS) system, wherein the lightweight mPOS system is configured to operate within a remote control, the method comprising:
transmitting, by the remote control to a media system, a selection of content or an item displayed by the media system; [See paragraph 0051]
receiving, by the remote control from the media system at the remote control, an activation signal configured to activate the lightweight mPOS system, wherein the lightweight mPOS system comprises a contactless payment reader; [See paragraphs 0051-0053]
activating the lightweight mPOS system responsive to receiving the activation signal, wherein activating the lightweight mPOS system results in an activated contactless payment reader; and [See paragraphs 0051-0053]
receiving, by the activated contactless payment reader in the lightweight mPOS system, encrypted payment information. [See paragraphs 0053, 0054]
Atwal does not explicitly disclose the limitation: transferring the encrypted payment information from the contactless payment reader to the media device.
Chi teaches a method with the limitation: transferring the encrypted payment information from the contactless payment reader to the media device. [See paragraphs 0112, 0118, 0128]
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have modified the system executing the method of Atwal to have incorporated a secure payment feature as in Chi with the motivation of increasing the functionality of mobile devices. [See Chi paragraph 0007]
Referring to claim 2, the combination of Atwal and Chi discloses the method of claim 1, wherein the remote control is implemented with at least one reduced capability. [See Atwal paragraph 0051, Fig. 4A]
Referring to claim 3, the combination of Atwal and Chi discloses the method of claim 1, wherein the at least one reduced capability comprises a lack of a display screen or a lack of an encryption component. [See Atwal paragraph 0051, Fig. 4A]
Referring to claim 4, the combination of Atwal and Chi discloses the method of claim 1, wherein the remote control comprises a lack of the display screen and further comprises one or more physical buttons. [See Atwal paragraph 0051, Fig. 4A]
Referring to claim 5, the combination of Atwal and Chi discloses the method of claim 4, wherein the remote control only comprises the one or more physical buttons for receiving user input. [See Atwal paragraph 0051, Fig. 4A]
Referring to claim 6, the combination of Atwal and Chi discloses the method of claim 1, wherein the remote control is configured to transfer the encrypted payment information without further processing, by the remote control, or storing, in the remote control, the encrypted payment. [See Atwal paragraphs 0052-0054, 0059]
Referring to claim 7, the combination of Atwal and Chi discloses the method of claim 1, further comprising:
responsive to transmitting the encrypted payment information, receiving, from the media system, a second signal to deactivate the lightweight mPOS terminal including the contactless payment reader; and [See Atwal paragraphs 0052-0054, 0059]
deactivating, based on the second signal, the lightweight mPOS terminal. [See Atwal paragraphs 0052-0054, 0059]
Referring to claims 8-14, they recite similar limitations as set forth in claims 1-7, and therefore are rejected based on the same rationale. Claims 8-14 recite an apparatus for performing the method steps of claims 1-7.
Referring to claims 15-20, they recite similar limitations as set forth in claims 1-6, and therefore are rejected based on the same rationale. Claims 15-20 recite a computer program product with instructions for performing the method steps of claims 1-6.
Conclusion
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/OLUSEGUN GOYEA/ Primary Examiner, Art Unit 3627