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 is in reply to communication filed on 01/17/2025.
Claims 1-20 are currently pending and have been examined.
Information Disclosure Statement (IDS)
The information disclosure statement filed on 01/17/2025 comply with the provisions 37 CFR 1.97, 1.98, and MPEP 609 and is considered by the Examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of copending Application No. 19/029,883 (hereinafter “Christensen883”) (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Claim 1. A method of cloud-based management of payment devices, the method comprising:
initiating, by one or more processors of a point of interaction (POI) device, a connection to a transaction management engine (TME) via a computer network; (Christensen883, claim 1; “A method of cloud-based management of payment devices, the method comprising: initiating, by one or more processors of a point of interaction (POI) device, a connection to a transaction management engine (TME) via a computer network”)
transmitting, by the one or more processors of the POI device, preconfigured information comprising a merchant-specific lane identifier (lane ID) to the TME; (Christensen883, claim 1; “transmitting, by the one or more processors of the POI device, preconfigured information comprising a merchant-specific lane identifier (lane ID) to the TME”)
receiving, by the one or more processors of the POI device, a notification that the POI device is a certified device; and (Christensen883, claim 1; “receiving, by the one or more processors of the POI device, a notification that the POI device is a certified device; and”)
transmitting, by the one or more processors of the POI device, a transaction request through the computer network. (Christensen883, claim 1; “transmitting, by the one or more processors of the POI device, a transaction request through the computer network”)
Claim 2. The method of claim 1, further comprising:
receiving, by the one or more processors of the POI device, a plurality of custom UI elements to the POI; and (Christensen883, claim 2; “receiving, by the one or more processors of the POI device, a plurality of custom UI elements to the POI; and”)
displaying, by the one or more processors of the POI device, the plurality of custom UI elements. (Christensen883, claim 2; “displaying, by the one or more processors of the POI device, the plurality of custom UI elements”)
Claim 3. The method of claim 1, further comprising:
receiving, by the one or more processors of the POI device, a request for consumer information from the TME; (Christensen883, claim 3; “receiving, by the one or more processors of the POI device, a request for consumer information from the TME”)
collecting, by the one or more processors of the POI device, the consumer information indicated in the request; and (Christensen883, claim 3; “collecting, by the one or more processors of the POI device, the request consumer information; and”)
transmitting, by the one or more processors of the POI device, the collected consumer information. (Christensen883, claim 3; “transmitting, by the one or more processors of the POI device, the collected consumer information”)
Claim 4. The method of claim 3, wherein the consumer information comprises data obtained by reading a consumer payment card at the POI device or a personal identification number (PIN) entered at the POI device. (Christensen883, claim 4; “wherein the collected consumer information comprises data obtained by reading a consumer payment card at the POI device or a personal identification number (PIN) entered at the POI device”)
Claim 5. The method of claim 1, further comprising:
receiving, by the one or more processors of the POI device, a transaction approval message from the TME; and (Christensen883, claim 5; “receiving, by the one or more processors of the POI device, a transaction approval message from the TME; and”)
displaying, by the one or more processors of the POI device, the transaction approval message from the TME. (Christensen883, claim 5; “displaying, by the one or more processors of the POI device, the transaction approval message from the TME”)
Claim 6. The method of claim 1, further comprising:
receiving, by the one or more processors of the POI device, a transaction denial message from the TME; and (Christensen883, claim 6; “receiving, by the one or more processors of the POI device, a transaction denial message from the TME; and”)
displaying, by the one or more processors of the POI device, the transaction denial message from the TME. (Christensen883, claim 6; “displaying, by the one or more processors of the POI device, the transaction denial message from the TME”)
Claim 7. The method of claim 1, wherein the transaction request comprises data including a merchant identifier (ID) and a merchant-specific lane identifier (lane ID) corresponding to the POI device. (Christensen883, claim 7; “wherein the transaction request comprises data including a merchant identifier (ID) and a merchant-specific lane identifier (lane ID) corresponding to the POI device”)
Claim 8. A point of interaction (POI) device, comprising:
a data storage device storing instructions; and (Christensen883, claim 8; “A point of interaction (POI) device, comprising: a data storage device storing instructions; and”)
one or more processors configured to execute the instructions comprising: initiating, a connection to a transaction management engine (TME) via a computer network; (Christensen883, claim 8; “one or more processors configured to execute the instructions comprising: initiating, a connection to a transaction management engine (TME) via a computer network”)
transmitting, preconfigured information comprising a merchant-specific lane identifier (lane ID) to the TME; (Christensen883, claim 8; “transmitting, preconfigured information comprising a merchant-specific lane identifier (lane ID) to the TME”)
receiving, a notification that the POI device is a certified device; and (Christensen883, claim 8; “receiving, a notification that the POI device is a certified device; and”)
transmitting, a transaction request through the computer network. (Christensen883, claim 8; “transmitting, a transaction request through the computer network”)
Claim 9. The point of interaction device of claim 8, further comprising:
receiving, a plurality of custom UI elements to the POI; and (Christensen883, claim 9; “receiving, a plurality of custom UI elements to the POI; and”)
displaying, the plurality of custom UI elements. (Christensen883, claim 9; “displaying, the plurality of custom UI elements”)
Claim 10. The point of interaction device of claim 8, further comprising:
receiving, a request for consumer information from the TME; (Christensen883, claim 10; “receiving, a request for consumer information from the TME”)
collecting, the consumer information indicated in the request; and (Christensen883, claim 10; “collecting, the request consumer information; and”)
transmitting, the collected consumer information. (Christensen883, claim 10; “transmitting, the collected consumer information”)
Claim 11. The point of interaction device of claim 10, wherein the consumer information comprises data obtained by reading a consumer payment card at the POI device or a personal identification number (PIN) entered at the POI device. (Christensen883, claim 11; “wherein the collected consumer information comprises data obtained by reading a consumer payment card at the POI device or a personal identification number (PIN) entered at the POI device”)
Claim 12. The point of interaction device of claim 8, further comprising:
receiving, a transaction approval message from the TME; and (Christensen883, claim 12; “receiving, a transaction approval message from the TME; and”)
displaying, the transaction approval message from the TME. (Christensen883, claim 12; “displaying, the transaction approval message from the TME”)
Claim 13. The point of interaction device of claim 8, further comprising:
receiving, a transaction denial message from the TME; and (Christensen883, claim 13; “receiving, a transaction denial message from the TME; and”)
displaying, the transaction denial message from the TME. (Christensen883, claim 13; “displaying, the transaction denial message from the TME”)
Claim 14. The point of interaction device of claim 8, wherein the transaction request comprises data including a merchant identifier (ID) and a merchant-specific lane identifier (lane ID) corresponding to the POI device. (Christensen883, claim 14; “wherein the transaction request comprises data including a merchant identifier (ID) and a merchant-specific lane identifier (lane ID) corresponding to the POI device”)
Claim 15. A computer-readable medium storing instructions that, when executed by a computing system of a point of interaction (POI) device, causes the computing system of the POI device to perform a method for cloud-based management of payment devices, the method including: (Christensen883, claim 15; “A computer-readable medium storing instructions that, when executed by a computing system of a point of interaction (POI) device, causes the computing system of the POI device to perform a method for cloud-based management of payment devices, the method including:”)
initiating, a connection to a transaction management engine (TME) via a computer network; (Christensen883, claim 15; “initiating, a connection to a transaction management engine (TME) via a computer network”)
transmitting, preconfigured information comprising a merchant-specific lane identifier (lane ID) to the TME; (Christensen883, claim 15; “transmitting, preconfigured information comprising a merchant-specific lane identifier (lane ID) to the TME”)
receiving, a notification that the POI device is a certified device; and (Christensen883, claim 15; “receiving, a notification that the POI device is a certified device; and”)
transmitting, a transaction request through the computer network. (Christensen883, claim 15; “transmitting, a transaction request through the computer network”)
Claim 16. The computer-readable medium of claim 15, the instructions further comprising:
receiving, a plurality of custom UI elements to the POI; and (Christensen883, claim 16; “receiving, a plurality of custom UI elements to the POI; and”)
displaying, the plurality of custom UI elements. (Christensen883, claim 16; “displaying, the plurality of custom UI elements”)
Claim 17. The computer-readable medium of claim 15, the instruction further comprising:
receiving, a request for consumer information from the TME; (Christensen883, claim 17; “receiving, a request for consumer information from the TME”)
collecting, the consumer information indicated in the request; and (Christensen883, claim 17; “collecting, the request consumer information; and”)
transmitting, the collected consumer information. (Christensen883, claim 17; “transmitting, the collected consumer information”)
Claim 18. The computer-readable medium of claim 17, wherein the consumer information comprises data obtained by reading a consumer payment card at the POI device or a personal identification number (PIN) entered at the POI device. (Christensen883, claim 18; “wherein the collected consumer information comprises data obtained by reading a consumer payment card at the POI device or a personal identification number (PIN) entered at the POI device”)
Claim 19. The computer-readable medium of claim 15, the instructions further comprising:
receiving, a transaction approval message from the TME; and (Christensen883, claim 19; “receiving, a transaction approval message from the TME; and”)
displaying, the transaction approval message from the TME. (Christensen883, claim 19; “displaying, the transaction approval message from the TME”)
Claim 20. The computer-readable medium of claim 15, the instructions further comprising:
receiving, a transaction denial message from the TME; and (Christensen883, claim 20; “receiving, a transaction denial message from the TME; and”)
displaying, the transaction denial message from the TME. (Christensen883, claim 20; “displaying, the transaction denial message from the TME”)
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 15-20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Independent claim 15 recites step limitations that are not integrated with the computer readable medium mentioned in the preamble. The broadest reasonable interpretation of a claim drawn to a computer-readable media typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent, or open-ended. See MPEP 2111.01.
Applicant’s specification, ¶ 0032, recites “Memory 230 may be embodied as any type of device or devices configured for short-term or long-term storage of data such as, for example, memory devices and circuits, memory cards, hard disk drives, solid-state drives, or other data storage devices, such as magnetic disk drives, floppy drives, tape drives, hard drives, optical drives and media, magneto-optical drives and media, compact disc drives, Compact Disc Read Only Memory (CD-ROM), Compact Disc Recordable (CD-R), Compact Disc Rewriteable (CD-RW), a suitable type of Digital Versatile Disc (DVD) or Blu-Ray disc, and so forth, or flash drives, solid state hard drives, redundant array of individual disks (RAID), virtual drives, networked drives and other memory means including storage media on the processor 210. It should be appreciated that such memory can be internal or external with respect to operation of the disclosed embodiments. It should also be appreciated that certain portions of the processes described herein can be performed using instructions stored on a computer-readable medium or media that direct or otherwise instruct a computer system to perform the process steps. Non-transitory computer-readable media, as used herein, comprises all computer-readable media except for transitory, propagating signals”. Therefore, given the broadest reasonable interpretation of the claim, the recited computer readable media could be interpreted as a transitory propagating signal per se. As such, the claim is rejected as covering a signal per se, which is not directed towards statutory subject matter.
In order to overcome this rejection under 35 U.S.C. 101, a claim drawn to such a computer readable media that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments by adding the limitation "non-transitory" in the claim to recite a “a non-transitory computer-readable medium storing instructions” Cf Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (suggesting that applicants add the limitation "non-human" to a claim covering a multicellular organism to avoid a rejection under 35 US.C. § 101). Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se.
Same analysis are applied for dependent claims 16-20. In order to overcome this rejection under 35 U.S.C. 101, a claim drawn to such a computer readable media that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments by adding the limitation "non-transitory" in the claim to recite a “the non-transitory computer-readable medium of claim …” Cf Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (suggesting that applicants add the limitation "non-human" to a claim covering a multicellular organism to avoid a rejection under 35 US.C. § 101). Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 FERNANDO et al. (US 20150199667 A1, hereinafter “FERNANDO”) in view of Gleeson et al. (US 20150178730 A1, hereinafter “Gleeson”).
Regarding claims 1, 8 and 15. FERNANDO discloses a method of cloud-based management of payment devices, the method comprising:
initiating, by one or more processors of a point of interaction (POI) device, a connection to a transaction management engine (TME) via a computer network; (FERNANDO, [0160]; “In step 2302, a request to add a POS device is received. For example, in FIG. 11, a request can be received at web server 1152 from workstation 1102 to add a POS device 1104”)
transmitting, by the one or more processors of the POI device, preconfigured information comprising a merchant-specific lane identifier (lane ID) to the TME; (FERNANDO, [0161-0165]; “In step 2304, an identification number or code for the requesting merchant is obtained. For example, in FIG. 11, web server 1152 can use the request received from workstation 1102 to obtain an identification associated with the merchant … In step 2310, the POS device is synced with the store's inventory”)
receiving, by the one or more processors of the POI device, a notification that the POI device is a certified device; and (FERNANDO, [0214-0125]; “At step 3210, the POS device validates the merchant's credentials. In an embodiment, the POS device can request the cloud computing resource to validate the merchant by transmitting information identifying the POS device along with the login information provided by the merchant to the cloud computing resource. The cloud computing resource can then compare/validate this information against the corresponding information provided by the merchant in step 3206 … At step 3212, if the cloud computing resource validates the merchant's credentials, the merchant can use the POS device to conduct transactions (e.g., commercial transactions)”)
FERNANDO substantially discloses the claimed invention; however, FERNANDO fails to explicitly disclose the “transmitting, by the one or more processors of the POI device, a transaction request through the computer network”. However, Gleeson teaches
transmitting, by the one or more processors of the POI device, a transaction request (Gleeson, [0185]; “generates a transaction request message that specifies the selected transaction (lottery game) and price (wager amount) … and one or more terminal credentials … the transaction request message includes the administrator sysID and lane number”) through the computer network. (Gleeson, [0212]; “the pin-pad terminal 200 to thereby provide the payment processor 216 with the required payment account information … at step S1518, an authorization request that specifies the total payment amount and the payment account information”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify FERNANDO to include transmitting, by the one or more processors of the POI device, a transaction request through the computer network, as taught by Gleeson, where this would be performed in order to authenticate a payment terminal. See Gleeson [0005].
Regarding claims 2, 9 and 16. The combination of FERNANDO in view of Gleeson disclose the method of claim 1, further comprising:
receiving, by the one or more processors of the POI device, a plurality of custom UI elements to the POI; and (FERNANDO, [0189]; “In step 2702, advertisements are received from advertisers”)
displaying, by the one or more processors of the POI device (FERNANDO, [0051]; “POS device 101 may include a primary display, such as a touchscreen display 201”), the plurality of custom UI elements. (FERNANDO, [0186]; “POS devices, such as POS device 101, 1104, can be used to display advertisements”, [0193]; “In step 2706, the received advertisements are transmitted to one or more POS devices in the selected store(s). For example, in FIG. 11, web server 1152 can transmit the advertisement to a POS device 1104”)
Regarding claims 3, 10 and 17. The combination of FERNANDO in view of Gleeson disclose the method of claim 1, further comprising:
receiving, by the one or more processors of the POI device, a request for consumer information from the TME; collecting, by the one or more processors of the POI device, the consumer information indicated in the request; and (FERNANDO, [0127]; “In step 1602, it is determined whether a user has login information/credentials. For example, the user can be a primary user, e.g., a store owner, store clerk or another employee or person associated with the merchant to whom the POS device is associated”)
transmitting, by the one or more processors of the POI device, the collected consumer information. (FERNANDO, [0130]; “In step 1608, a user submits his/her credentials. For example, in FIG. 13, presentation layer 1310 can query a user for a user name and password. This information can be temporarily stored in local data module 1316. The credentials can then be transmitted to cloud based services through data layer 1314. For example, in the embodiment of FIG. 11, POS device 1104 can, transmit the credentials to cloud 1150”)
Regarding claims 4, 11 and 18. The combination of FERNANDO in view of Gleeson disclose the method of claim 3, wherein the consumer information comprises data obtained by reading a consumer payment card at the POI device or a personal identification number (PIN) entered at the POI device. (FERNANDO, [0048]; “the POS device 101 may additionally communicate with a transaction server 111 operated by a financial institution for transaction processing/approval. For example, when a customer enters payment information, such as credit card information via one or more input devices as discussed below, the transaction information may be communicated to the transaction server 111 for approval or denial via a connection 160”)
Regarding claims 5, 12 and 19. The combination of FERNANDO in view of Gleeson disclose the method of claim 1, further comprising:
FERNANDO substantially discloses the claimed invention; however, FERNANDO fails to explicitly disclose the “receiving, by the one or more processors of the POI device, a transaction approval message from the TME; and displaying, by the one or more processors of the POI device, the transaction approval message from the TME”. However, Gleeson teaches
receiving, by the one or more processors of the POI device, a transaction approval message from the TME; and (Gleeson, [0212]; “To provide electronic payment of the total payment amount, the customer may interface the customer's payment card with the contact/contactless token interface 209 of the pin-pad terminal 200 … The payment processor 216 may transmit over the acquirer network 106, at step S1518, an authorization request that specifies the total payment amount and the payment account information”) displaying, by the one or more processors of the POI device, the transaction approval message from the TME. (Gleeson, [0213]; “Upon receiving the successful payment confirmation message, at step S1522 the transaction processor 220 may transmit to the ECR 250 a payment confirmation message confirming that the electronic payment was completed”, [0186]; “The network device 500 may validate the transaction request message by verifying that the network device 500 has already associated the administrator sysID and lane number with the gateway authentication certificate (e.g. after step S1210 of the terminal registration method). If the network device 500 is able to validate the transaction request message, the pin-pad terminal 200 has thereby authenticated to the network device 500 (using an administrator credential (sysID) and a terminal credential (lane number)), and preferably the network device 500 generates a transaction response message that includes a transaction completion image that provides confirmation of completion of the proposed transaction”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify FERNANDO to include receiving, by the one or more processors of the POI device, a transaction approval message from the TME; and displaying, by the one or more processors of the POI device, the transaction approval message from the TME, as taught by Gleeson, where this would be performed in order to authenticate a payment terminal. See Gleeson [0005].
Regarding claims 6, 13 and 20. The combination of FERNANDO in view of Gleeson disclose the method of claim 1, further comprising:
FERNANDO substantially discloses the claimed invention; however, FERNANDO fails to explicitly disclose the “receiving, by the one or more processors of the POI device, a transaction denial message from the TME; and displaying, by the one or more processors of the POI device, the transaction denial message from the TME”. However, Gleeson teaches
receiving, by the one or more processors of the POI device, a transaction denial message from the TME; and displaying, by the one or more processors of the POI device, the transaction denial message from the TME. (Gleeson, [0186]; “the network device 500 generates a transaction response message that indicates that the transaction request could not be validated”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify FERNANDO to include receiving, by the one or more processors of the POI device, a transaction denial message from the TME; and displaying, by the one or more processors of the POI device, the transaction denial message from the TME, as taught by Gleeson, where this would be performed in order to authenticate a payment terminal. See Gleeson [0005].
Regarding claims 7 and 14. The combination of FERNANDO in view of Gleeson disclose the method of claim 1, wherein
FERNANDO substantially discloses the claimed invention; however, FERNANDO fails to explicitly disclose the “the transaction request comprises data including a merchant identifier (ID) and a merchant-specific lane identifier (lane ID) corresponding to the POI device”. However, Gleeson teaches
the transaction request comprises data including a merchant identifier (ID) and a merchant-specific lane identifier (lane ID) corresponding to the POI device. (Gleeson, [0185]; “generates a transaction request message that specifies the selected transaction (lottery game) and price (wager amount) … and one or more terminal credentials … the transaction request message includes the administrator sysID and lane number”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify FERNANDO to include the transaction request comprises data including a merchant identifier (ID) and a merchant-specific lane identifier (lane ID) corresponding to the POI device, as taught by Gleeson, where this would be performed in order to authenticate a payment terminal. See Gleeson [0005].
Conclusion
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