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 .
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.
Claims 1-20 were reviewed for compliance under 35 U.S.C. 101. The claim(s) recite(s) primarily a method and system to process a financial transaction for a financial institution, data processing, gathering, and certain methods of organizing human activity including commercial or legal interactions (i.e. financial activities). This is integrated into a practical application because additional generic computer elements (i.e. user device, financial institution computer program, facility backend, sensor, access restrictor) are required to process various data and other operations, the recited computer elements add meaningful limitations because they require specific data processes and data structures. The claim(s) does/do include additional elements that are sufficient to amount to significantly more than a judicial exception because the additional limitations above including operating various devices to grant access to a specific restricted area.
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 (i.e., changing from AIA to pre-AIA ) 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, 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over KUMNICK et al. (US 20180341948 A1) in view of GRELLIER (US 20120030121 A1)
Re claim 1. KUMNICK discloses (abstract) a method (FIG.1-2), comprising:
storing, by a user device 120, a token ([0008, 0055, 0062] token is requested and obtained by consumer device 120 to perform financial transactions) for a financial instrument (financial transactions involving token, user identification, etc.), wherein an issuing financial institution computer program for the financial instrument stores an association between the financial instrument and a partner loyalty identifier or a ticket identifier ([0008, 0066] i.e. loyalty identifier is maintained identifying users to track loyalty points for instance);
communicating, by the user device and as part of an access request (FIG.1 present token [0039, 0046-47] – a token can be presented from a mobile application, wallet provider, or similar, stored in a mobile device carried by a user, to an access device such as point of sale (POS terminal) device at a specific location), the token to a sensor (such as access device – POS terminal at merchant 130);
communicating, by the sensor (FIG.1), the token to a facility backend (FIG.1 [0039, 0066, 0090, 0092] any of 135, 140, 145 etc. which communicate with consumer 120 and merchant 130) associated with the area (FIG.1 – associated as operating in conjunction with);
communicating, by the facility backend (i.e. payment processing network 140), the token to the issuing financial institution computer program with a request for information ([0075] FIG.1 – request for processing such as detokenization);
detokenizing [0075], by the issuing financial institution computer program (FIG.1), the token and retrieving the associated partner loyalty identifier or ticket identifier ([0092] acquirer 135 operates with the payment processing network 140);
receiving [0093], by the facility backend, the associated partner loyalty identifier or ticket identifier ([0093] payment processing network 140 may request the payment account information from the token network 145 (i.e. payment account information may be ticket identifier);
decisioning [0066, 0071, 0075, 0090], by the facility backend, the access request using the associated partner loyalty identifier or ticket identifier (processing of payment account information is part of the process to complete transaction by using acquirer 135, payment processing network 140, etc.).
However, KUMNICK fails to explicitly disclose:
wherein the sensor is associated with an access restrictor for an area;
controlling, by the facility backend, the access restrictor to grant access in response to the access request being approved.
GRELLIER teaches (abstract) in a similar field of invention, [0015] similar functions are performed using a token for the purpose of using a sensor associated with access restrictor (gate) for an area (entry of metro station) and controlling the access restrictor to grant access (open) in response to the access request being approved (i.e. after cell phone is brought to gate and contact-less communication performs payment transaction with token).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try using all the functions using the token data to approve a grant access request in order to obtain authorized access to an area after payment is complete.
Re claim 2 (as for 9 and 16). The method of claim 1, wherein the user device comprises a mobile electronic device executing a mobile wallet computer program, and the token is provisioned by the issuing financial institution computer program to the mobile wallet computer program. KUMNICK [0039]
Re claim 3. (as for 10 and 17) The method of claim 1, wherein the user device comprises a wirelessly-enabled physical card, and the token is stored in a chip provided on the wirelessly-enabled physical card. KUMNICK [0045, 0047-49]
Re claim 4 (as for 11 and 18). The method of claim 1, wherein the access restrictor comprises a door, a gate, or a turnstile. GRELLIER [0015]
Re claim 5 (as for 12 and 19). The method of claim 1, wherein the token is communicated by RF communication or by optical communication. GRELLIER [0026]
Re claim 6 (as for 13). The method of claim 1, wherein the request for information comprises a request for the partner loyalty identifier or the ticket identifier. GRELLIER [0055]
Re claim 7 (as for 14 and 20).
However, KUMNICK as modified by GRELLIER fails to explicitly disclose:
The method of claim 1, wherein the step of controlling the access restrictor to grant access in response to the access request being approved comprises unlocking, by the facility backend, a lock associated with the access restrictor.
Locks are well known to be used to secure an area, such as a gate, requiring tickets for entry. Unlocking a lock restricting access to an area is a well-understood, routine, conventional activity by person having ordinary skill in the art (PHOSITA).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try using a lock for unlocking after proper payment in order to selectively grant access to a restricted area.
Re claim 8. KUMNICK as modified by GRELLIER discloses (as applied for claim 1) a system, comprising:
a user device storing a token for a financial instrument issued by an issuing financial institution; an issuing financial institution electronic device executing an issuing financial institution computer program, wherein the issuing financial institution computer program stores an association between the financial instrument and a partner loyalty identifier or a ticket identifier; an access restrictor for an area comprising a sensor; and a facility backend associated with the area; wherein: the user device is configured to communicate, as part of an access request, the token to the sensor; the sensor is configured to communicate the token to the facility backend; the facility backend is configured to communicate the token to the issuing financial institution computer program with a request for information; the issuing financial institution computer program is configured to detokenize the token and to retrieve the associated partner loyalty identifier or ticket identifier; the facility backend is configured to receive the associated partner loyalty identifier or ticket identifier; the facility backend is configured to decision the access request using the associated partner loyalty identifier or ticket identifier; and the facility backend is configured to control the access restrictor to grant access in response to the access request being approved.
Re claim 15. KUMNICK as modified by GRELLIER (as applied for claim 1) discloses a non-transitory computer readable storage medium, including instructions stored thereon, which when read and executed by one or more computer processors, cause the one or more computer processors to perform steps comprising: receiving, from a user device, a user device, a token for a financial instrument, wherein an issuing financial institution computer program for the financial instrument stores an association between the financial instrument and a partner loyalty identifier or a ticket identifier; communicating the token to the issuing financial institution computer program with a request for information; receiving, from the issuing financial institution computer program, the associated partner loyalty identifier or ticket identifier; decisioning the access request using the associated partner loyalty identifier or ticket identifier; and controlling an access restrictor to grant access in response to the access request being approved.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS E GARCIA whose telephone number is (571)270-1354. The examiner can normally be reached M-Th 9-6pm F 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Zimmerman can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CARLOS E. GARCIA
Primary Examiner
Art Unit 2686
/Carlos Garcia/Primary Examiner, Art Unit 2686 2/5/2026