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 .
Examiner Comments
Claims 1-20 presented for examination on 05/16/2026. Applicant filed amendment on 05/16/2026 amending claims 1 and 8. After careful consideration of applicant’s amendments and arguments, new ground of rejections of claims necessitated by applicant amendment has been established in the instant application as set forth in detail below. Applicant's arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
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.
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself. Examples of abstract ideas include fundamental economic practices; certain methods of organizing human activities; an idea itself; and mathematical relationships/formulas. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. ____ (2014).
In the instant case, Claims 1-20 are directed to system and method for establishing and updating a session initiation protocol (SIP) session of the voice call and relaying biometric information and fund transfer to the banking system associated with the first user using the first data channel separate from a channel for the session data transmitted. The claims 1-20 are analyzed to see if claims are statutory category of invention, recites judicial exception and the claims are further analyzed to see if the claims are integrated into practical application if the judicial exception is recited and the claims provides an inventive as per 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) and October 2019 Update: Subject Matter Eligibility as set forth below:
Analysis:
Step 1: Statutory Category? This part of the eligibility analysis evaluates whether the claim falls within any statutory category. MPEP 106.03.
Claims 1 and 8 are directed to a process i.e., a series of method steps or acts, of enabling a fund transfer during a voice call which is a statutory categories of invention (Step 1: YES).
Claim 15 is directed to system for enabling a fund transfer during a voice call comprising at least a processor. The claimed system is therefore directed to a statutory category, i.e., a machine (a combination of device) (Step 1: YES).
Step 2A - Prong 1: Judicial Exception Recited? This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04(II) and the October 2019 Update, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim. There are no nature- based product limitations in this claim, and thus the markedly different characteristics analysis is not performed. However, the claim still must be reviewed to determine if it recites any other type of judicial exception.
Claims 1, 8 and 15 are then analyzed to determine whether it is directed to a judicial exception. The claim recite plurality of steps of “establish a session initiation protocol (SIP) session of the voice call of a first user, receive an SIP update message to update the SIP session for the voice call, establish a first data channel between a mobile device of the first user and a banking system associated with the first user in response to the SIP update message and relay information about the user to the banking system associated with the first user using the first data channel.”
The claim does not recite any of the judicial exceptions enumerated in the 2019 PEG. The claim does not recite a mathematical relationship, formula, or calculation. While some of the limitations may be based on mathematical concepts, the mathematical concepts are not recited in the claims. With respect to mental processes, the claim does not recite a mental process because the steps are not practically performed in the human mind. In particular, the claimed step of “establishing a session initiation protocol (SIP) session of the voice call of a first user mobile device using a real-time transport protocol, receive an SIP update message to update the SIP session for the voice call, establishing a first data channel of fund transfer between the mobile device of the first user and a banking system associated with the first user and relaying biometric information of the first user and fund transfer to the banking system using the first data channel separate from the channel for the session data transmitted to enable banking system to authenticate and complete the fund transfer to a second user” using mobile device and one more processors is not practically performed in the human mind, at least because it requires a processor accessing computer memory indicative of application usage. Finally, the claim does not recite a certain method of organizing human activity such as a fundamental economic concept or commercial and legal interactions. The claims are eligible because they do not recite a judicial exception (Step 2A: NO).
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 non-obviousness.
Claims 1 and 3-19 are rejected under 35 U.S.C. 103 as being unpatentable over Pawar et al., U.S. Pub No. 2013/0124416 (reference A in attached PTO-892) in view of Allu Balan et al., U.S. Patent No. 12,149,566 (reference B in attachedPTO-892 ) further in view of Cisco, November 25, 2014 (reference U in attached PTO-892).
As per claim 1, Pawar et al. teach a method for enabling a fund transfer during a voice call, comprising:
initiating, by a mobile device of a first user, a procedure to session for the voice call, wherein session data is transmitted in real-time (see Fig. 3, Calls (301); Payer (101), Payee (102); Fig. 2, step 203; paragraph [0015, 0023, 0026]; where Payer mobile device calls or establish real time communication protocol voice call session with payee and transfer amount in real-time during the voice call session with the payee);
receiving, by the mobile device, an indication from the first user to initiate the fund transfer to a second user during the voice call (see Fig. 3, Step 303: paragraph [0026, 0062]; where payer establish voice call via mobile to payee and agreed to for transfer of funds in response to indication by payer);
transmitting, by the mobile device, a SIP update message to update the SIP session
established for the voice call (see Fig. 3, Step 305: paragraph [0062]; where Payer confirms sending the transfer of funds after Payee agrees for transfer of funds otherwise the session is terminated),
wherein the SIP update message comprises one or more parameters to establish a data channel between the mobile device and a banking system associated with the first user, and
wherein the data channel is configured to communicate information for the fund transfer and is separate from a channel for the session data transmitted using the real-time transport protocol (see Fig. 3, Step 304 to Step 307; where payer establish separate channel of communication with Payment System by conference call and the Payment System an interface for biometric authentication of payer and payee);
transmitting, by the mobile device, biometric user data to the banking system via the data channel to enable the banking system to authenticate the first user (see Fig. 2, Payer/Payee: Biometric Device (101a, 102a); Fig. 2, Step 206; Fig. 3, Steps 307 and 308: paragraph [0061-0062]; where Payer and/or Payee provides biometric signature to the Payment System for authentication); and
transmitting information about the second user to the banking system via the data channel to enable the banking system to complete the fund transfer to the second user (see Fig. 2, Step 310: paragraph [0062]; where payment system receives information of payee to complete transfer of funds).
Pawar et al. do not teach initiating, by a mobile device of a first user, a procedure to establish a session initiation protocol (SIP) session for the voice call, wherein session data of the SIP session is transmitted using a real-time transport protocol.
Allu Balan et al. teach initiating, by a mobile device of a first user, a procedure to establish a session initiation protocol (SIP) session for the voice call, wherein session data of the SIP session is transmitted using a real-time transport protocol (abstract, column 1, lines 13-40; Fig. 5 and Fig. 6A-C; Paragraph [0044]); where SIP session is established between wireless/mobile devices of first and second users, transmit voice or video message using Real-time Transport Protocol (RTP) and trigger payment based on recognition of transfer amount by voice recognition technique).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to allow initiating, by a mobile device of a first user, a procedure to establish a session initiation protocol (SIP) session for the voice call, wherein session data of the SIP session is transmitted using a real-time transport protocol to Pawar et al. because Allu Balan et al. teach including above features would enable to exchange message s with wireless devices using Internet Protocol Multimedia Subsystem (IMS) delivering Internet Protocol (IP) multimedia services (Allu Balan et al., et al., column 1, lines 29-40).
Pawar et al. do not teach establish, for the voice call, a session initiation protocol (SIP) session as part of a telecommunications network of which the first user is a subscriber, wherein session data of the SIP session is transmitted using a real-time transport protocol; transmitting, by the mobile device to the telecommunications network, establish a data channel, via the telecommunications network, between the mobile device and a banking system associated with the first user.
Cisco teaches establish, for the voice call, a session initiation protocol (SIP) session as part of a telecommunications network of which the first user is a subscriber wherein session data of the SIP session is transmitted using a real-time transport protocol; transmitting, by the mobile device to the telecommunications network, establish a data channel, via the telecommunications network, between the mobile device and a banking system associated with the first user (Cisco, Fig. 3 and 4: pages 1-2, and 5-8; where two parties communicate session initiation protocol (SIP), each user identified by unique SIP address, user ID is either user name or telephone number with strings of decimal digits and Real-time Transfer is used for the communication between two parties).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to allow establish, for the voice call, a session initiation protocol (SIP) session as part of a telecommunications network of which the first user is a subscriber wherein session data of the SIP session is transmitted using a real-time transport protocol; transmitting, by the mobile device to the telecommunications network, establish a data channel, via the telecommunications network, between the mobile device and a banking system associated with the first user to Pawar et al. because Cisco teaches including above features would enable to communicate between two parties in real time using Real-time Transfer Protocol (Cisco, Fig. 3 and 4, pages 7-8).
As per claim 3, Pawar et al. teach the claim 1 as described above. Pawar et al. further teach the method comprising:
providing an option via a user interface to the first user to enable the first user to make the indication (see Fig. 3, Step 305 (Yes/No): paragraph [0062]; where first user make indication in its mobile device of affirmation of fund transfer to the Payee).
As per claim 4, Pawar et al. teach the claim 1 as described above. Pawar et al. further teach the method wherein
the biometric user data comprises at least one of voice data of the first user, facial data of the first user, or fingerprint data of the first user (see paragraph [0049-0050]; where biometric data of payer includes one gf finger prints, hand prints, facial features, , retina/iris patterns and voice prints).
As per claim 5, Pawar et al. teach the claim 1 as described above. Pawar et al. further teach the method wherein
the information about the second user comprises a phone number of the second user and an amount of the fund transfer (see Fig. 3, Calls (301), Payee Enters the Amount of Amount to be transferred to Payee (313) on request of the Payment System).
As per claim 6, Pawar et al. teach the claim 1 as described above. Pawar et al. further teach the method wherein
the second user is same as the first user (see Fig. 1, Payer (101) , Payee (102): paragraph [0049}; where payee is one of two users as payor).
As per claim 7, Pawar et al. teach the claim 1 as described above. Pawar et al. further teach the method wherein
the second user is a verified recipient of funds from the first user (see Fig. 3, Steps 311 and 312; where payment system authenticates payor via biometric signature prior to initiating fund transfer to the payee from payor as described in Fig. 4 and paragraph [0063]).
As per claim 8, Pawar et al. teach a method for enabling a fund transfer during a voice call, comprising:
establishing, session of the voice call of a first user, where session data is transmitted using a real-time (see Fig. 3, Calls (301); Payer (101), Payee (102); Fig. 2, step 203; paragraph [0015, 0023, 0026]; where Payer mobile device calls or establish real time communication protocol voice call session with payee and transfer amount in real-time during the voice call session with the payee);
receiving, by the network node, an update message to update the session for the voice call (see Fig. 3, Step 305: paragraph [0062]; where Payer confirms sending the transfer of funds after Payee agrees for transfer of funds otherwise the session is terminated);
establishing, by the network node, a first data channel between a mobile device of the first user and a banking system associated with the first user based on one or more parameters of the SIP update message, and wherein the data channel is configured to communicate information for the fund transfer and is separate from a channel for the session data transmitted using the real-time transport protocol l(see Fig. 3, Step 304 to Step 307; where payer establish separate channel of communication with Payment System by conference call and setting the Payment System an interface for biometric authentication of payer and payee);;
relaying, by the network node, information about the first user to the banking system associated with the first user using the first data channel (see Fig. 2, Payer: Biometric Device (101a); Fig. 2, Step 206; Fig. 3, Steps 307 and 308: paragraph [0061-0062]; where Payer relays biometric signature to the Payment System for authentication);
wherein the information comprises biometric user data of the first user to enable to the banking system to authenticate the first user (see Fig. 2, Payer: Biometric Device (101a); Fig. 2, Step 206; Fig. 3, Steps 307 and 308: paragraph [0061-0062]; where biometric signature of the first user enables to authenticating the first user for fund transfer), and
wherein the information further comprises information about the fund transfer to enable the banking system to complete the fund transfer to a second user (see Fig. 2, Step 310: paragraph [0062]; where information of payee provided to Payment System enable to complete transfer of funds).
establishing, by a network node, a session of the voice call of a first user, wherein session data of the SIP session is transmitted using a real-time transport protocol
Pawar et al. do not teach establishing, by a network node, a session initiation protocol (SIP) session of the voice call of a first user, wherein session data of the SIP session is transmitted using a real-time transport protocol.
Allu Balan et al. teach establishing, by a network node, a session initiation protocol (SIP) session of the voice call of a first user, wherein session data of the SIP session is transmitted using a real-time transport protocol (abstract, column 1, lines 13-40; Fig. 5 and Fig. 6A-C; Paragraph [0044]); where SIP session is established between wireless/mobile devices of first and second users, transmit voice or video message using Real-time Transport Protocol (RTP) and trigger payment based on recognition of transfer amount by voice recognition technique).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to allow establishing, by a network node, a session initiation protocol (SIP) session of the voice call of a first user, wherein session data of the SIP session is transmitted using a real-time transport protocol to Pawar et al. because Allu Balan et al. teach including above features would enable to exchange message s with wireless devices using Internet Protocol Multimedia Subsystem (IMS) delivering Internet Protocol (IP) multimedia services (Allu Balan et al., et al., column 1, lines 29-40).
Pawar et al. do not teach establish, for the voice call, a session initiation protocol (SIP) session as part of a telecommunications network of which the first user is a subscriber, wherein session data of the SIP session is transmitted using a real-time transport protocol; transmitting, by the mobile device to the telecommunications network, establish a data channel, via the telecommunications network, between the mobile device and a banking system associated with the first user.
Cisco teaches establish, for the voice call, a session initiation protocol (SIP) session as part of a telecommunications network of which the first user is a subscriber wherein session data of the SIP session is transmitted using a real-time transport protocol; transmitting, by the mobile device to the telecommunications network, establish a data channel, via the telecommunications network, between the mobile device and a banking system associated with the first user (Cisco, Fig. 3 and 4: pages 1-2, and 5-8; where two parties communicate session initiation protocol (SIP), each user identified by unique SIP address, user ID is either user name or telephone number with strings of decimal digits and Real-time Transfer is used for the communication between two parties).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to allow establish, for the voice call, a session initiation protocol (SIP) session as part of a telecommunications network of which the first user is a subscriber wherein session data of the SIP session is transmitted using a real-time transport protocol; transmitting, by the mobile device to the telecommunications network, establish a data channel, via the telecommunications network, between the mobile device and a banking system associated with the first user to Pawar et al. because Cisco teaches including above features would enable to communicate between two parties in real time using Real-time Transfer Protocol (Cisco, Fig. 3 and 4, pages 7-8).
As per claim 9, Pawar et al. teach the claim 8 as described above. Pawar et al. further teach the method comprising:
establishing, by the network node in response to the SIP update message, a second data channel associated with the second user for the SIP session of the voice call (see Fig. 3, Step 304 and Steps 309 to Step 31: paragraph [0062]; where payer establishes second data channel with payment system on receiving confirmation of fund transfer to payee and transfer fund based on biometric authentication of the second user).
As per claim 10, 11, 13 and 14, Pawar et al. teach the claim 8 as described above. Claims 10, 11, 13 and 14 are rejected under same rational as the claims 4-7 as described above.
As per claim 12, Pawar et al. teach the claim 11 as described above. Pawar et al. further teach the method wherein
the first data channel is established upon the amount of the fund transfer being equal to or smaller than a predetermined threshold (see paragraph [0032]; where payment system checks the balance or threshold amount is sufficient to make payment to payee and transfer the amount based on biometric authentication of the recipient or the second user).
As per claim 15, Pawar et al. teach a system for enabling a fund transfer during a voice call, comprising at least one processor (see Fig. 1, Payer Device (101), Payee Device (102): paragraph [0026, 0050]) that is configured to cause the system to execute steps as described in the claim 8.
As per claims 16-19, Pawar et al. teach the claim 15 as described above. Claims 16-19 are rejected under same rational as the claims 9-12 as described above.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Pawar et al., U.S. Pub No. 2013/0124416 (reference A in attached PTO-892) in view of Allu Balan et al., U.S. Patent No. 12,149,566 (reference B in attachedPTO-892) in view of Cisco, November 25, 2014 (reference U in attached PTO-892) further in view of Iyer, U.S. Pub No. 2014/0372109 (reference C in attached PTO-892).
As per claim 2, Pawar et al. teach the claim 1 as described above.
Pawar et al. do not teach the indication comprises a voice activation command.
Iyer teaches the indication comprises a voice activation command (see paragraph [0032]; where voice command of “call Boby cell” or wake-up Command trigger the action of calling specific number or wake-up at particular specified time).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to allow the indication comprises a voice activation command to Pawar et al. because Iyer teaches including above features would enable t trigger action of automated telephone call and wake-up call in response to the voice command (Iyer, paragraph [0032]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Pawar et al., U.S. Pub No. 2013/0124416 (reference A in attached PTO-892) in view of Allu Balan et al., U.S. Patent No. 12,149,566 (reference B in attachedPTO-892) further in view of Cisco, November 25, 2014 (reference U in attached PTO-892) further in view of Ku et al., U.S. Pub No. 2018/0034971 (reference D in attached PTO-892).
As per claim 20, Pawar et al. teach the claim 15 as described above.
Pawar et al. do not teach the system is part of a carrier network that provides service to both the first user and the second user.
Ku et al. teach the system is part of a carrier network that provides service to both the first user and the second user (see Fig. 1, First Carrier Network (150): VOIP Device (122A and 122B); Second Carrier Network (152): VOIP Devices (122c and 122D): paragraph [0016]; where both Devices 122A and 122B is part of same carrier network 150 and both devices 122C and 122D is part of same carrier network 152).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to allow the system is part of a carrier network that provides service to both the first user and the second user to Pawar et al. because Ku et al. teach including above features would enable to same carrier network to access Internet addresses of first carrier devices and convert the telephone number of the VOIP devices into an Internet address (Ku et al., paragraph [0016]).
Response to Arguments
After careful consideration of applicant’s amendments and arguments, new ground of rejections of claims necessitated by applicant amendment has been established in the instant application as set forth in detail below. Applicant's arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
Examiner respectfully disagrees with Allu Balan does not teach the claim as amrmded. Allu Balan specifically teaches establishing SIP session between wireless/mobile devices of first and second users, transmit voice or video message using Real-time Transport Protocol (RTP) and triggering payment based on recognition of transfer amount by voice recognition technique (see abstract, column 1, lines 13-40; Fig. 5 and Fig. 6A-C; Paragraph [0044]).
The new reference of Cisco further teaches limitations of claims 1 and 8 as amended. Cisco specifically disclosed communicating between two parties using session initiation protocol (SIP), each user is identified by unique SIP address, user ID is either user name or telephone number with strings of decimal digits and Real-time Transfer is used for the communication between two parties (Cisco, Fig. 3 and 4: pages 1-2, and 5-8) in addition to teachings of the prior art of Allu Balan.
Conclusion
THIS ACTION IS MADE FINAL. 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.
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosures. The following are pertinent to current invention, though not relied upon:
Martinez et al. (U.S. Pub No. 2006/0206429) teach secure identification in portable electronic device for financial and other secure systems.
Levy (WO 2018/235006) teaches funds transfer using a voice call.
Mohammed et al. (U,S. Pub No. 2025/0379942) teach low-power concurrent vice calla and voice activation processing.
Dobbins et al. (U.S. Pub No. 2012/0051529) teach user-defined identity mapping for directed communications.
Obaid et al. (2019) teach instant secure mobile payment scheme.
Al-Sahli (CA 2716276) teaches SIM Chip Bank System combining mobile network and financial services.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BIJENDRA K SHRESTHA whose telephone number is (571)270-1374. The examiner can normally be reached on 8:00AM-5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abhishek Vyas can be reached on (571) 270-1836. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Respectfully submitted,
/BIJENDRA K SHRESTHA/Primary Examiner, Art Unit 3691 08/06/2026
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