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 .
Status of Claims
This final office action is responsive to Applicant’s submission filed 06/29/2026. Currently, claims 1-20 are pending. Claims 1, 2, 4, 7-9, and 13-16 have been amended. No claim has been added and/or cancelled.
Response to Amendment
Applicant’s amendments to claim 8 are sufficient to overcome the objection to the specification as set forth in the previous office action.
Applicant’s amendments to claims 1, 4 and 15 are sufficient to overcome the rejection of claims 1-7 and 15-20 under 35 U.S.C. 112(b) as set forth in the previous office action.
Allowable Subject Matter
Claims 1-20 are allowed over prior art.
The following is a statement of reasons for the indication of allowable subject matter:
None of the cited and/or relevant prior art, single or in combination, teaches the combination:
“activating the lightweight mPOS system from a deactivated state responsive to receiving the activation signal, wherein activating the lightweight mPOS system results in an activated contactless payment reader; and
deactivating the lightweight mPOS system subsequent to transferring the encrypted payment information”,
as recited in claim 1.
Claims 8 and 15 recite similar limitations as set forth in claim 1, and therefore are patentable over prior art.
Double Patenting
The nonstatutory 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 nonstatutory 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 nonstatutory 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1, 7, 8, 14 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 9-11, 13, 16 and 18-20 of U.S. Patent No. 11,475,433 (hereinafter ‘433). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 7, 8, 14 and 15 of the present application and claims 1-3, 5, 9-11, 13, 16 and 18-20 of ‘433 describe method and apparatus for completing a transaction between a media system and remote control. The media system transmits an activation signal to the remote control, in response to receiving a purchase selection displayed by the media system. The activation signal activates a contactless payment reader associated with the remote control. Encrypted payment information is received at and transmitted from the contactless payment reader to the media system to process the transaction. The contactless payment reader is deactivated after transferring the encrypted payment information.
U.S. Patent Appl. No. 18/891,725
U.S. Patent No. 11,475,433
1. 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;
receiving, by the remote control from the media system, an activation signal configured to activate the lightweight mPOS system, wherein the lightweight mPOS system comprises a contactless payment reader;
activating the lightweight mPOS system from a deactivated state responsive to receiving the activation signal, wherein activating the lightweight mPOS system results in an activated contactless payment reader;
receiving, by the activated contactless payment reader in the lightweight mPOS system, encrypted payment information;
transferring the encrypted payment information from the contactless payment reader to the media system; and
deactivating the lightweight mPOS system subsequent to transferring the encrypted payment information.
7. The method of claim 1, wherein deactivating the lightweight mPOS system further comprises:
responsive to transmitting the encrypted payment information, receiving, from the media system, a second signal to deactivate the lightweight mPOS system including the contactless payment reader; and
deactivating, based on the second signal, the lightweight mPOS system terminal.
1. A method for implementing a lightweight mobile point-of-sale (mPOS) system in a remote control, comprising:
receiving, by a media system from the remote control, a selection of content provided at the media system;
determining, by the media system and responsive to receiving the selection of content, not to use payment information stored on the media system;
initiating, by the media system at the remote control, activation of the lightweight mPOS system including a contactless payment reader; and
receiving, by the media device from the contactless payment reader in the lightweight mPOS system, encrypted payment information.
2. The method of claim 1, further comprising: establishing a payment session between the lightweight mPOS system and the media system, wherein the encrypted payment information is transmitted through the payment session.
3. The method of claim 2, further comprising: responsive to deactivating the lightweight mPOS system, closing the payment session.
5. 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 system including the contactless payment reader; and
deactivating, based on the second signal, the lightweight mPOS system.
Claims 1, 7, 8, 14 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 9-11, 13, 16 and 18-20 of U.S. Patent No. 12,136,080 (hereinafter ‘080). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 7, 8, 14 and 15 of the present application and claims 1-3, 5, 9-11, 13, 16 and 18-20 of ‘080 describe method and apparatus for completing a transaction between a media system and remote control. The media system transmits an activation signal to the remote control, in response to receiving a purchase selection displayed by the media system. The activation signal activates a contactless payment reader associated with the remote control. Encrypted payment information is received at and transmitted from the contactless payment reader to the media system to process the transaction. The contactless payment reader is deactivated after transferring the encrypted payment information.
U.S. Patent Appl. No. 18/891,725
U.S. Patent No. 11,475,433
1. 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;
receiving, by the remote control from the media system, an activation signal configured to activate the lightweight mPOS system, wherein the lightweight mPOS system comprises a contactless payment reader;
activating the lightweight mPOS system from a deactivated state responsive to receiving the activation signal, wherein activating the lightweight mPOS system results in an activated contactless payment reader;
receiving, by the activated contactless payment reader in the lightweight mPOS system, encrypted payment information;
transferring the encrypted payment information from the contactless payment reader to the media system; and
deactivating the lightweight mPOS system subsequent to transferring the encrypted payment information.
7. The method of claim 1, wherein deactivating the lightweight mPOS system further comprises:
responsive to transmitting the encrypted payment information, receiving, from the media system, a second signal to deactivate the lightweight mPOS system including the contactless payment reader; and
deactivating, based on the second signal, the lightweight mPOS system terminal.
1. A method for implementing a lightweight mobile point-of-sale (mPOS) system in a remote control, comprising:
receiving, by a media system from the remote control, a selection of an item displayed by the media system;
determining, by the media system and responsive to receiving the selection of the item, not to use payment information stored on the media system;
initiating, by the media system at the remote control, activation of the lightweight mPOS system including a contactless payment reader; and
receiving, by the media device from the contactless payment reader in the lightweight mPOS system, encrypted payment information.
2. The method of claim 1, further comprising: establishing a payment session between the lightweight mPOS system and the media system, wherein the encrypted payment information is transmitted through the payment session.
3. The method of claim 2, further comprising: responsive to deactivating the lightweight mPOS system, closing the payment session.
5. 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 system including the contactless payment reader; and
deactivating, based on the second signal, the lightweight mPOS system.
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 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 OLUSEGUN GOYEA whose telephone number is (571)270-5402. The examiner can normally be reached M-F: 9am-5pm EST.
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/OLUSEGUN GOYEA/Primary Examiner, Art Unit 3627
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