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
Claims 1-20 are pending. Claims 1-20 has been examined.
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 1-8 are rejected are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-6 of U.S. Patent No. 12,229,826B2 (“ ‘826 patent”) in view of Asver et al. (US 11,257,050B2 (“Asver”)).
Claim 1 of the present application
Although the conflicting claims are not identical, they are not patentably distinct from each other. Claim 1 of the ‘826 patent recites a system comprising:
a computing device comprising a processor and a memory;
a wallet application programming interface (wallet API) executing on the computing device and communicating over a network with a crypto wallet app of a crypto wallet provider, wherein the crypto wallet app provides access to a crypto wallet engine that holds public and private keys of a user to access cryptocurrency funds; and
an electronic funds transfer gateway API (EFT gateway API) executing on the computing device and communicating over the network with an EFT gateway or financial institution; and
wherein the computing device is configured to:
perform, via the wallet API and EFT gateway API, a cryptocurrency-to-cash transaction using the crypto wallet app, a crypto exchange service, and the EFT gateway or financial institution to withdraw fiat currency cash at an automatic teller machine (ATM) or a point-of-sale (POS) system with a pre-staging of the cryptocurrency-to-cash transaction, wherein performing the cryptocurrency-to-cash transaction with the pre-staging comprises:
receiving, via the wallet API and from the crypto wallet app on a user computing device used by the user, an indication of a fiat currency amount for withdrawal by the user via the ATM or POS system and a cryptocurrency transaction, wherein receiving the indication comprises checking that available balance from conversion of user cryptocurrency funds associated with the cryptocurrency transaction to the fiat currency amount is sufficient;
transmitting, in response to receiving the indication of the fiat currency amount for withdrawal, the cryptocurrency transaction to the crypto exchange service or to at least one blockchain node for exchange conversion of the user cryptocurrency funds to the fiat currency amount;
receiving, from the crypto exchange service, in response to transmitting the cryptocurrency transaction, a transfer indication that the exchange conversion of the user cryptocurrency funds to the fiat currency amount has occurred;
transmitting, in response to receiving the transfer indication, the transfer indication via the EFT gateway API to the EFT gateway or financial institution thereby causing the EFT gateway or financial institution to deposit the fiat currency amount in an intermediate account;
receiving, from the EFT gateway or financial institution, a notification that the fiat currency has been deposited in the intermediate account;
after receiving from the EFT gateway or financial institution the notification that the fiat currency has been deposited in the intermediate account, generating a financial-transaction code or token for the withdrawal of the fiat currency amount at the ATM or POS system; and
transmitting, to an ATM server, the financial-transaction code or token;
transmitting, to the user computing device via the wallet API, the financial-transaction code or token to signal the user that the fiat currency amount is ready for the withdrawal at the ATM or POS system;
wherein the financial-transaction code or token is displayed on the user computing device to withdraw the fiat currency amount at the ATM or POS system to receive the fiat currency amount being dispensed by the ATM or POS system.
Claim 1 of the ‘826 patent differs since it recites additional claim limitations, “…checking that available balance from conversion of user cryptocurrency funds associated with the cryptocurrency transaction to the fiat currency amount is sufficient;” “receiving, from the EFT gateway or financial institution, a notification that the fiat currency has been deposited in the intermediate account;” “after receiving from the EFT gateway or financial institution the notification that the fiat currency has been deposited in the intermediate account, generating a financial-transaction code or token for the withdrawal of the fiat currency amount at the ATM or POS system;” “transmitting, to an ATM server or POS system, the financial-transaction code or token;” “wherein the financial-transaction code or token is displayed on the user computing device to withdraw the fiat currency amount at the ATM or POS system to receive the fiat currency amount being dispensed by the ATM or POS system.”
However, it would have been obvious to a person of ordinary skill in the art to modify claim 1 of the ‘826 patent by removing the limitations directed to check of available balance, receipt of notification of deposit of fiat currency in intermediate account, generation and transmission of financial-transaction code or token and associated functions resulting generally in the claim of the present application since the claim of the present application and the claim recited in the ‘826 patent actually perform a similar function. It is well settled that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element whose function is not needed would be obvious to one of ordinary skill in the art.
Claim 1 of the ‘826 patent differs from claim 1 of the present application in that claim 1 of the ‘826 patent recites cryptocurrency-to-cash instead of cash-to-cryptocurrency transaction, withdraw of fiat currency instead of deposit of fiat currency, exchange conversion of user cryptocurrency funds to fiat currency amount instead of exchange conversion of fiat currency or stablecoin amount to the user cryptocurrency funds. However, Asver teaches cash to cryptocurrency transaction (4:54-67), deposit of fiat currency (Fig. 4B-4E: 5:17-27, 21:53-22:44), exchange conversion of fiat currency or stablecoin amount to the user cryptocurrency funds (Fig. 4B-4E: 21:53-22:44).
It would have been obvious to one of ordinary skill in the art the time of the invention to modify the method of the '826 patent to incorporate the teachings of processing of cash-to-cryptocurrency transaction, as disclosed in Asver, to facilitate purchasing cryptocurrency assets (Asver: 1:26-27).
Claim 2 of the present application
The limitations of claim 2 of the present application are included in claim 2 of the ‘826 patent.
Claim 3 of the present application
The limitations of claim 3 of the present application are included in claim 3 of the ‘826 patent.
Claim 4 of the present application
The limitations of claim 4 of the present application are included in claim 5 of the ‘826 patent.
Claim 5 of the present application
The limitations of claim 5 of the present application are included in claim 6 of the ‘826 patent.
Claim 6 of the present application
The limitations of claim 6 of the present application are included in claim 1 of the ‘826 patent.
Claim 7 of the present application
The limitations of claim 7 of the present application are included in claim 2 of the ‘826 patent.
Claim 8 of the present application
The limitations of claim 8 of the present application are read on claim 1 of the ‘826 patent.
Claims 9-16 are rejected are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-13 of U.S. Patent No. 12,229,826B2 (“ ‘826 patent”) in view of Asver et al. (US 11,257,050B2 (“Asver”)) in further view of Dixon et al. (US 11,715,084B1 (“Dixon”)).
Claim 9 of the present application
Although the conflicting claims are not identical, they are not patentably distinct from each other. Claim 7 of the ‘826 patent recites a system comprising:
communicating, by a computing device of the cryptocurrency-cash gateway over a network, with a crypto wallet app of a crypto wallet provider via a wallet application programing interface (wallet API) operated by the computing device, wherein the crypto wallet app provides access to a crypto wallet engine that holds public and private keys of a user to access cryptocurrency funds;
communicating, by the computing device, over the network via an electronic funds transfer gateway application programing interface (EFT gateway API) executing on the computing device and communicating over the network with an electronic funds transfer (EFT) gateway or financial institution;
performing, by the computing device via the wallet API and the EFT gateway API, a cryptocurrency-to-cash transaction using the crypto wallet app, a crypto exchange service, and the EFT gateway or financial institution to withdraw fiat currency cash at an automatic teller machine (ATM) or a point-of sale (POS) system with a pre-staging of the cryptocurrency-to-cash transaction, wherein performing the cryptocurrency-to-cash transaction with the pre-staging comprises:
receiving, via the wallet API and from the crypto wallet app on a user computing device used by the user, an indication of a fiat currency amount for withdrawal by the user via the ATM or POS system and a cryptocurrency transaction, wherein receiving the indication comprises checking that available balance from conversion of user cryptocurrency funds associated with the cryptocurrency transaction to the fiat currency amount is sufficient;
transmitting, in response to receiving the indication of the fiat currency amount for withdrawal, the cryptocurrency transaction to the crypto exchange service or to at least one blockchain node for exchange conversion of the user cryptocurrency funds to the fiat currency amount;
receiving, from the crypto exchange service, in response to transmitting the cryptocurrency transaction, a transfer indication that the exchange conversion of the user cryptocurrency funds to the fiat currency amount has occurred;
transmitting, in response to receiving the transfer indication, the transfer indication via the EFT gateway API to the EFT gateway or financial institution thereby causing the EFT gateway or financial institution to deposit the fiat currency amount in an intermediate account;
receiving, from the EFT gateway or financial institution, a notification that the fiat currency amount has been deposited in the intermediate account;
after receiving from the EFT gateway or financial institution the notification that the fiat currency has been deposited in the intermediate account, generating a financial-transaction code or token for the withdrawal of the fiat currency amount at the ATM or POS system; and
transmitting, to an ATM server or POS system, the financial-transaction code or token;
transmitting, to the user computing device via the wallet API, the financial-transaction code or token to signal the user that the fiat currency amount is ready for the withdrawal at the ATM or POS system;
wherein the financial transaction code or token is displayed on the user computing device to withdraw the fiat currency amount at the ATM or POS system to receive the fiat currency amount being dispensed by the ATM or POS system.
Claim 7 of the ‘826 patent differs since it recites additional claim limitations, “…checking that available balance from conversion of user cryptocurrency funds associated with the cryptocurrency transaction to the fiat currency amount is sufficient;” “receiving, from the EFT gateway or financial institution, a notification that the fiat currency has been deposited in the intermediate account;” “after receiving from the EFT gateway or financial institution the notification that the fiat currency has been deposited in the intermediate account, generating a financial-transaction code or token for the withdrawal of the fiat currency amount at the ATM or POS system;” “transmitting, to an ATM server or POS system, the financial-transaction code or token;” “wherein the financial-transaction code or token is displayed on the user computing device to withdraw the fiat currency amount at the ATM or POS system to receive the fiat currency amount being dispensed by the ATM or POS system.”
However, it would have been obvious to a person of ordinary skill in the art to modify claim 7 of the ‘826 patent by removing the limitations directed to check of available balance, receipt of notification of deposit of fiat currency in intermediate account, generation and transmission of financial-transaction code or token and associated functions resulting generally in the claim of the present application since the claim of the present application and the claim recited in the ‘826 patent actually perform a similar function. It is well settled that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element whose function is not needed would be obvious to one of ordinary skill in the art.
Claim 7 of the ‘826 patent differs from claim 9 of the present application in that claim 7 of the ‘826 patent recites cryptocurrency-to-cash instead of cash-to-cryptocurrency transaction, withdraw of fiat currency instead of deposit of fiat currency, exchange conversion of user cryptocurrency funds to fiat currency amount instead of exchange conversion of fiat currency or stablecoin amount to the user cryptocurrency funds. Also, claim 7 of the ‘826 patent application is silent about identifying the user through a financial-transaction code or token issued during the pre-staging. However, Asver teaches cash to cryptocurrency transaction (4:54-67), deposit of fiat currency (Fig. 4B-4E: 5:17-27, 21:53-22:44), exchange conversion of fiat currency or stablecoin amount to the user cryptocurrency funds (Fig. 4B-4E: 21:53-22:44).
It would have been obvious to one of ordinary skill in the art the time of the invention to modify the method of the '826 patent to incorporate the teachings of processing of cash-to-cryptocurrency transaction, as disclosed in Asver, to facilitate purchasing cryptocurrency assets (Asver: 1:26-27).
Dixon teaches identifying the user for the deposit through a financial-transaction code or token issued during the pre-staging (Fig. 21; 6:4-15, 11:5-17, 12:18-31, 17:4-9, 19:14-22, 20:55-64).
It would have been obvious to one of ordinary skill in the art the time of the invention to modify the method of the '826 patent in view of Asver to incorporate the teachings of identifying the user through a financial-transaction code issued during the pre-staging, as disclosed in Dixon, to minimize the risk of identity theft that has been problematic at ATMs and other banking locations (Dixon: 5:41-43).
Claim 10 of the present application
The limitations of claim 10 of the present application are included in claim 8 of the ‘826 patent.
Claim 11 of the present application
The limitations of claim 11 of the present application are included in claim 9 of the ‘826 patent.
Claim 12 of the present application
The limitations of claim 12 of the present application are included in claim 10 of the ‘826 patent.
Claim 13 of the present application
The limitations of claim 13 of the present application are included in claim 11 of the ‘826 patent.
Claim 14 of the present application
The limitations of claim 14 of the present application are included in claim 12 of the ‘826 patent.
Claim 15 of the present application
The limitations of claim 15 of the present application are included in claim 7 of the ‘826 patent.
Claim 16 of the present application
The limitations of claim 16 of the present application are included in claim 7 of the ‘826 patent.
Claims 17-20 are rejected are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,229,826B2 (“ ‘826 patent”).
Claim 1 of the present application
Although the conflicting claims are not identical, they are not patentably distinct from each other. Claim 1 of the ‘826 patent recites a system comprising:
a computing device comprising a processor and a memory;
a wallet application programming interface (wallet API) executing on the computing device and communicating over a network with a crypto wallet app of a crypto wallet provider, wherein the crypto wallet app provides access to a crypto wallet engine that holds public and private keys of a user to access cryptocurrency funds; and
an electronic funds transfer gateway API (EFT gateway API) executing on the computing device and communicating over the network with an EFT gateway or financial institution; and
wherein the computing device is configured to:
perform, via the wallet API and EFT gateway API, a cryptocurrency-to-cash transaction using the crypto wallet app, a crypto exchange service, and the EFT gateway or financial institution to withdraw fiat currency cash at an automatic teller machine (ATM) or a point-of-sale (POS) system with a pre-staging of the cryptocurrency-to-cash transaction, wherein performing the cryptocurrency-to-cash transaction with the pre-staging comprises:
receiving, via the wallet API and from the crypto wallet app on a user computing device used by the user, an indication of a fiat currency amount for withdrawal by the user via the ATM or POS system and a cryptocurrency transaction, wherein receiving the indication comprises checking that available balance from conversion of user cryptocurrency funds associated with the cryptocurrency transaction to the fiat currency amount is sufficient;
transmitting, in response to receiving the indication of the fiat currency amount for withdrawal, the cryptocurrency transaction to the crypto exchange service or to at least one blockchain node for exchange conversion of the user cryptocurrency funds to the fiat currency amount;
receiving, from the crypto exchange service, in response to transmitting the cryptocurrency transaction, a transfer indication that the exchange conversion of the user cryptocurrency funds to the fiat currency amount has occurred;
transmitting, in response to receiving the transfer indication, the transfer indication via the EFT gateway API to the EFT gateway or financial institution thereby causing the EFT gateway or financial institution to deposit the fiat currency amount in an intermediate account;
receiving, from the EFT gateway or financial institution, a notification that the fiat currency has been deposited in the intermediate account;
after receiving from the EFT gateway or financial institution the notification that the fiat currency has been deposited in the intermediate account, generating a financial-transaction code or token for the withdrawal of the fiat currency amount at the ATM or POS system; and
transmitting, to an ATM server, the financial-transaction code or token;
transmitting, to the user computing device via the wallet API, the financial-transaction code or token to signal the user that the fiat currency amount is ready for the withdrawal at the ATM or POS system;
wherein the financial-transaction code or token is displayed on the user computing device to withdraw the fiat currency amount at the ATM or POS system to receive the fiat currency amount being dispensed by the ATM or POS system.
Claim 1 of the present application differs from claim 1 of the ‘826 patent in that claim 1 of the present application recites the limitation, “wherein the crypto wallet app provides access to a crypto wallet engine and public and private keys of a user to access cryptocurrency funds”. However, the recitation of claim 1 of the ‘826 patent, “wherein the crypto wallet app provides access to a crypto wallet engine that holds public and private keys of a user to access cryptocurrency funds” reads on the limitation of the present application. Also, claim 1 of the present application differs from claim 1 of the ’826 patent in that claim 1 or the present application recites the terms, “fiat currency or stable coin” and “transmitting, to an ATM or POS system server…”. However, the recitations of fiat currency, and transmission to an ATM server continue to read on the terms recited in claim 1 of the present application.
It would have been obvious to one of ordinary skill in the art the time of the invention to modify the method of the '826 patent to incorporate the teachings of processing of cash-to-cryptocurrency transaction, as disclosed in Asver, to facilitate purchasing cryptocurrency assets (Asver: 1:26-27).
Claim 18 of the present application
The limitations of claim 18 of the present application are included in claim 2 of the ‘826 patent.
Claim 19 of the present application
The limitations of claim 19 of the present application are included in claim 3 of the ‘826 patent.
Claim 20 of the present application
The limitations of claim 20 of the present application are included in claim 3 of the ‘826 patent.
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 1-16 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 pre-AIA the applicant regards as the invention.
Lack of Antecedent Basis
Claims 1 and 9 each recites “transmitting…the user cryptocurrency funds.” There is insufficient antecedent basis for the term, “the user cryptocurrency funds.”
Claims 2-8 are also rejected as each depends upon claim 1. Claims 10-16 are also rejected as each depends upon claim 9.
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 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.
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 1-2, 4, 6-10, 13, 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2016/0203477A1 (“Yang”) in view of Dixon et al. (US 11,715,084B1 (“Dixon”)) and VOROBYEV et al. (US 2019/0236593A1 (“VOROBYEV”)).
Per claim 1: Yang discloses a cash-cryptocurrency gateway (Fig. 1), comprising:
a computing device comprising a processor and a memory: (Fig. 1; ¶¶25, 35)
a wallet application programming interface executing on the computing device (wallet API) (Fig. 2 'server 200, wallet API 204') and communicating over a network with a crypto wallet app of a crypto wallet provider (Fig. 1, Fig. 2; ¶¶23, 25, 30-32), wherein the crypto wallet app provides access to a crypto wallet engine and public and private keys of a user to access cryptocurrency funds (Fig. 1, Fig. 2; ¶¶11, 30-32, 40); and
an electronic funds transfer gateway API (EFT gateway API) executing on the computing device (Fig. 2 'exchange interface 232, financial server interface 236') and communicating over the network with an EFT gateway or financial institution; (Fig. 1, Fig. 2: ¶30)
wherein the computing device is configured to: (Fig. 1, item 108; ¶¶25)
performing, via the wallet API and EFT gateway API, a cash-to-cryptocurrency transaction using the crypto wallet app, a crypto exchange service, and the EFT gateway or financial institution to deposit fiat currency…with a pre-staging of the cash-to-cryptocurrency transaction (Fig. 1, Fig. 2; ¶¶14-15, 18, 19, 20, 23), wherein performing the cash-to-cryptocurrency transaction with the pre-staging comprises:
receiving, via the wallet API and from the crypto wallet app on a user computing device used by the user, an indication of a fiat currency amount or equivalent stablecoin amount for deposit by the user via the ATM or POS system and a cryptocurrency transaction; (Fig. 2; ¶¶14-15, 18, 19)
transmitting, in response to receiving the indication of the fiat currency or stablecoin amount for deposit, the cryptocurrency transaction to the crypto exchange service or to at least one blockchain node for exchange conversion of the fiat currency or stablecoin amount to the user cryptocurrency funds; (Fig. 2; ¶¶17-18, 33)
transmitting, in response to deposit of the fiat currency or stablecoin amount…, a notification that the deposit has occurred via the EFT gateway API to the EFT gateway or financial institution thereby causing the EFT gateway or financial institution to deposit the fiat currency or stablecoin amount in an intermediate account; (Fig. 1, Fig. 2; ¶¶20, 28, 34, 43)
transmitting, via the EFT gateway API, the notification to the crypto exchange service; (Fig. 1, Fig. 2; ¶¶16-17, 25, 33, 45)
[communication with the crypto exchange service]…that the exchange conversion of the fiat currency or stablecoin amount to the user cryptocurrency funds has occurred; (Fig. 1, Fig. 2; ¶¶25, 32, 45-46)
Yang discloses pre-staging of a cash-to-cryptocurrency transaction with fiat currency deposit (Fig. 1, Fig. 2; ¶¶14-15, 18, 19, 20, 23). However, Yang does not explicitly disclose deposit of fiat currency at an automated teller machine (ATM) or a point-of-sale (POS) system.
Dixon teaches deposit of fiat currency at an automated teller machine (ATM) or a point-of-sale via a pre-staging financial transaction. (Fig. 1, Fig. 14/15; 5:24-43, 6:32-49, 20:26-29), wherein the user is identified for the deposit through a financial-transaction code or token issued during the pre-staging. (Fig. 21; 6:4-15, 11:5-17, 12:18-31, 17:4-9, 19:14-22, 20:55-64)
It would have been obvious to one of ordinary skill in the art the time of the invention to modify the method of Yang to incorporate the teachings of deposit of fiat currency via pre-staging financial transaction, as disclosed in Dixon, to minimize the risk of identity theft that has been problematic at ATMs and other banking locations (Dixon: 5:41-43).
Yang discloses communication with the crypto exchange service about the exchange conversion of the fiat currency or stablecoin amount to the user cryptocurrency funds has occurred (Fig. 1, Fig. 2; ¶¶25, 32, 45-46). Yang does not explicitly disclose receiving a transfer indication from the crypto exchange service about the conversion.
VOROBYEV discloses receiving from the crypto exchange service a transfer indication that a conversion has occurred (Fig. 3, item 380; ¶¶30-31, 40-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Yang in view of Dixon to incorporate the teachings of cryptocurrency conversion (i.e. receiving from the crypto exchange server a transfer indication that a conversion has occurred, transmitting the transfer indication via the API to financial institution allowing for the fiat currency amount to be transferred to an account), as disclosed in VOROBYEV, for the stability of a cryptocurrency price (VOROBYEV: ¶31).
Claim 9 recites subject matter similar to that discussed above in connection with claim 1. Additionally, for claim 9, Dixon discloses identifying the user for the deposit through a financial-transaction code or token issued during the pre-staging. (Fig. 21; 6:4-15, 11:5-17, 12:18-31, 17:4-9, 19:14-22, 20:55-64)
Per claims 2 and 10: Yang in view of Dixon and VOROBYEV discloses all the limitations of claims 1 and 9 above.
Regarding claim 2, Yang further discloses:
wherein the cryptocurrency-cash gateway further comprises ca crypto exchange API (Fig. 2 'exchange interface 232, financial interface'; ¶¶17, 29-30), wherein transmitting the cryptocurrency transaction to the crypto exchange service is via the crypto exchange API, for the exchange conversion of the user cryptocurrency funds to the fiat currency or stablecoin amount. (Fig. 2 'exchange interface 232, financial interface'; ¶¶17, 29-30)
Claim 10 recites subject matter similar to that discussed above in connection with claim 2.
Per claims 4 and 13: Yang in view of Dixon and VOROBYEV discloses all the limitations of claims 1 and 9 above.
Yang discloses the cash-cryptocurrency gateway is implemented as a service on a computing device. (Fig. 1; ¶¶35-37)
Per claims 6 and 16: Yang in view of Dixon and VOROBYEV discloses all the limitations of claims 1 and 9 above.
Dixon further discloses:
wherein identifying the user through a financial-transaction code or token comprises, after receiving the indication of the fiat currency or stablecoin amount for deposit: (19:14-22, 20:55-64)
generating the financial-transaction code or token for the deposit of the fiat currency or stablecoin amount at the ATM or POS system; (Fig. 2; 11:5-17)
transmitting, to an ATM or POS system server, the financial-transaction code or token; and (12:18-31, 17:4-8, 19:13-22)
transmitting, to the user computing device via the wallet API, the financial-transaction code or token to signal the user that the fiat currency or stablecoin amount is ready for the deposit at the ATM or POS system. (Fig. 21; 12:18-31, 17:4-8)
It would have been obvious to one of ordinary skill in the art the time of the invention to modify the method of Yang in view of Dixon and VOROBYEV to incorporate the teachings of features of pre-staging bank deposit transaction, as disclosed in Dixon, to minimize the risk of identity theft that has been problematic at ATMs and other banking locations (Dixon: 5:41-43).
Per claim 7: Yang in view of Dixon and VOROBYEV discloses all the limitations of claim 1 above.
Yang discloses:
wherein the cryptocurrency transaction is transmitted to the crypto exchange service via a crypto exchange API, for conversion of the fiat currency or stablecoin amount to the user cryptocurrency funds. (Fig. 2, item 232; ¶33)
Per claims 8 and 15: Yang in view of Dixon and VOROBYEV discloses all the limitations of claims 1 and 9 above.
Yang discloses:
wherein the crypto wallet engine holds the public and private keys of a user to access cryptocurrency funds. (¶¶11, 30-32, 40)
Claims 3, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Dixon and VOROBYEV as applied claims 1 and 9 further in view of Durvasula et al. (US 2019/0108542A1 (“Durvasula”)).
Per claims 3, 11 and 12: Yang in view of Dixon and VOROBYEV discloses all the limitations of claims 1 and 9 above.
Regarding claim 3, Yang further discloses:
wherein the cash-cryptocurrency gateway further comprises a blockchain… (Fig. 1 ‘server 100, distributed consensus network 150’; ¶¶26), wherein the transaction is signed by the crypto wallet engine (¶¶9-10, 13, 26, 35), wherein the cash-cryptocurrency gateway is further configured to transmit, via the blockchain…, the signed cryptocurrency transaction to the at least one blockchain node. (¶¶9-10, 13, 26, 35)
Yang does not explicitly disclose a blockchain interface.
Durvasula discloses a blockchain API (‘interface’) for transmitting the signed transaction to the at least one blockchain node. (Fig. 1, items 104A/108; ¶¶5, 23, 25, 54; claim 8)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Yang in view of Dixon and VOROBYEV to incorporate the teachings of blockchain API, as disclosed in Durvasula, to offer improved control over the content of the blockchain and public networks may leverage the cumulative computing power of the network to improve security (Durvasula: ¶¶21).
Claims 11 and 12 recites subject matter similar to that discussed above in connection with claim 2.
Additionally, for claim 12, Yang discloses communicating, by the computing device via a blockchain interface, over a network with at least one blockchain node. (Yang: Fig. 1 ‘server 100, distributed consensus network 150’; ¶¶26)
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Dixon and VOROBYEV as applied claims 1 and 9 further in view of Asver et al. (US 11,257,050B2 (“Asver”)).
Per claims 5 and 14: Yang in view of Dixon and VOROBYEV discloses all the limitations of claims 1 and 13 above.
Yang in view of Dixon and VOROBYEV does not disclose:
wherein the cryptocurrency-cash gateway is implemented using one or more smart contracts on a distributed ledger system.
Asver discloses:
wherein the cryptocurrency-cash gateway is implemented using one or more smart contracts on a distributed ledger system. (4:66-5:16, 5:57-65)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Yang in view of Dixon and VOROBYEV to incorporate the teachings of use of smart contract to implement cryptocurrency-cash exchange in distributed ledger system, as disclosed in Asver, to create a new and useful system and method for purchasing and selling cryptocurrency assets (Asver: 1:26-28).
Allowable Subject Matter
Claims 17-20 would be in condition for allowance if the double patenting rejections were obviated.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Friedlander (US 11,367,056B2) teaches a kiosk-based method for a user to purchase cryptocurrency with cash.
Russell et al. (US 2019/0318326A1) teaches cryptocurrency kiosk/ATM device for buying and selling cryptocurrency.
Grassadonia et al. (US 10,055,715B1) teaches cryptocurrency payment network and a method of providing financial transactions between a customer and merchant whererin the customer can pay in any currency and the merchant be paid in any currency including cryptocurrency.
Ricotta et al. (US 2019/0139033A1) teaches conversion of cryptocurrency to cash for a customer to use.
VOROBYEV (US 2019/0236593A1) teaches cryptocurrency conversion
Fillinger (US 2006/0022032A1) teaches ATM currency conversion capabilities.
Singh (US 2017/0262824A1) teaches facilitating the dispensing of foreign currency from a foreign ATM comprising a smartphone enabled mobile app controlling.
Rose (US 11,019,055B1) teaches sale of virtual currency in exchange for cash via a cash withdrawal at a terminal.
Kuchenski (US 11,037,114B2) teaches a financial transaction computing system including an ATM and a prestaging module.
NAIK (US 2018/0165663A1) teaches a method of performing a pre-staged transaction before interaction with automated teller machines (ATMs) using mobile devices.
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/CHENYUH KUO/ Primary Examiner, Art Unit 3697 .