DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. Claims 1-20 as originally filed are currently pending and are considered below.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 28, 2025, September 4, 2025, and July 8, 2026, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 14-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 14 recites: second mount includes an aperture that receives a fastener to couple the second mount to the surface. The specification fails to disclose that a fastener is coupled to a second mount to the surface.
Claim 15 recites: tamper detection circuitry to detect an attempt to remove a fastener from the first mount. The specification fails to disclose where a fastener is coupled to a first mount, moreover a tamper detection circuitry attached to the first mount.
Claim 16 recites: tamper detection circuitry to detect an attempt to remove a fastener from the second mount. The specification fails to disclose where a fastener is coupled to a second mount, moreover a tamper detection circuitry attached to the second mount.
Appropriate clarification request. Examiner will apply the broadest reasonable interpretation of the claim language in which a mobile POS has tamper detection circuitry.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 1, 3-5, 7-14 and 18-20 are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Conrad, U.S. Patent Application Publication 2016/0070964.
As per Claim 1, Conrad discloses a point of sale (POS) device (Figure 1, point-of-sale (POS) system 104), the POS device comprising:
a housing that receives a computing device (pg.3, ¶ [0038] discusses the housing 102 may comprise a clear plastic case (not shown) in which the user interface 104 inserted);
a connector that couples the housing to the computing device while the computing device is received by the housing (pg.3, ¶ [0039] discusses the housing 102 may comprise a Universal Serial Bus (USB) port which couples with the USB plug 125 on one end of the data connector 124. The other end of the data connector 124 may comprise a connector 130, such as a dock connector, which connects to the user interface 104);
a payment instrument reader that reads payment instrument information from a payment instrument and conveys the payment information to the computing device through the connector (pg.3, ¶ [0039] discusses a user uses a card at the reader 120, e.g., a magnetic, near field communication (NFC), or chip card reader, a central processing device740 (see FIG. 7) in the housing 102 may receive the card data via a connection through the base 110 and stand 106, for example, and send it to the user interface 104 through the data connector 124);
a first mount that couples the housing to a base (Figure 7, depicts housing 102 coupled to Mount 108);
a second mount to couple the base to a surface (Figure 7, depicts The adjustable mount 108 may also be coupled to the stand 106 and a base 110 coupled to the stand 106),
wherein the housing is movable relative to the surface (pg.4, ¶[0040] discusses the adjustable mount 108 is configured to allow 360° rotation about a vertical axis 150 and may also be configured to provide pivotal rotation about a horizontal axis 160); and
a cable that conveys power to the computing device and the payment instrument reader (Figure 7, Power Source Connection 122),
wherein the cable passes through at least the first mount (pg.6, ¶ [0057] discusses the adjustable mount 108 is a hollow tube. By using a hollow tube or other similar structure for the adjustable mount 108, wiring from the user interface 104 may extend through the adjustable mount 108).
Conrad teaches all the limitations of the claimed invention. One of ordinary skill within the art before the effective filing date would interpret the claimed invention of Conrad as having all the components of the claimed invention. Although not explicitly stated, the cable that provides power to the user interface can pass through the hollow tube would have yielded predictable results because the level of ordinary skill in the art demonstrated by Conrad shows the ability to incorporate a power cable passing through a hollow tube of an adjustable mount into similar systems
As per Claim 3, Conrad discloses the POS device of claim 1, wherein the surface is part of one of a table, a countertop, or a floor (pg.6, ¶ [0062] discusses when placed on a counter, desktop, or table).
As per Claim 4, Conrad discloses the POS device of claim 1, wherein the housing swivels relative to the surface using at least one of the first mount or the second mount (pg.4, ¶ [0040] discusses the head 108 may allow a user to rotate the user interface 104 clockwise or counter clockwise about an axis perpendicular to the screen of the user interface 104 (not shown)- for example, to place the user interface 104 in a landscape or portrait orientation).
As per Claim 5, Conrad discloses a system comprising:
a housing that includes a computing device and a payment instrument reader (pg.3, ¶ [0038] discusses the housing 102 may comprise a clear plastic case (not shown) in which the user interface 104 inserted…pg.5, ¶ [0047] discusses the reader 120 may be coupled to the user interface 104 directly),
wherein the payment instrument reader reads payment instrument information from a payment instrument and conveys the payment instrument information to the computing device (pg.5, ¶ [0047] discusses The reader 120 may be configured to read one or more types of cards e.g., credit cards, debit cards, or prepaid cards…pg.3, ¶ [0039] discusses a user uses a card at the reader 120, e.g., a magnetic, near field communication (NFC), or chip card reader, a central processing device740 (see FIG. 7) in the housing 102 may receive the card data via a connection through the base 110 and stand 106, for example, and send it to the user interface 104 through the data connector 124);
a first mount that couples the housing to a base (Figure 7, depicts housing 102 coupled to Mount 108);
a second mount to couple the base to a surface (Figure 7, depicts The adjustable mount 108 may also be coupled to the stand 106 and a base 110 coupled to the stand 106),
wherein the housing is movable relative to the surface (pg.4, ¶[0040] discusses the adjustable mount 108 is configured to allow 360° rotation about a vertical axis 150 and may also be configured to provide pivotal rotation about a horizontal axis 160); and
circuitry that is coupled to the housing and that passes through at least the first mount (pg.3, ¶ [0039] discusses the housing 102 may comprise a Universal Serial Bus (USB) port which couples with the USB plug 125 on one end of the data connector 124…pg.6, ¶ [0057] discusses the adjustable mount 108 is a hollow tube. By using a hollow tube or other similar structure for the adjustable mount 108, wiring from the user interface 104 may extend through the adjustable mount 108).
Conrad teaches all the limitations of the claimed invention. One of ordinary skill within the art before the effective filing date would interpret the claimed invention of Conrad as having all the components of the claimed invention. Although not explicitly stated, the cable that provides power to the user interface coupled to a housing that is connected to an adjustable mount having a hollow to would have yielded predictable results because the level of ordinary skill in the art demonstrated by Conrad shows the ability to incorporate a power cable passing through a hollow tube of an adjustable mount into similar systems
As per Claim 7, Conrad discloses the system of claim 5, wherein the surface is part of one of a table, a countertop, or a floor (pg.6, ¶ [0062] discusses when placed on a counter, desktop, or table).
As per Claim 8, Conrad discloses the system of claim 5, wherein the housing swivels relative to the base using the first mount (pg.4, ¶ [0040] discusses the adjustable mount 108 is configured to allow 360° rotation about a vertical axis 150 and may also be configured to provide pivotal rotation about a horizontal axis 160).
As per Claim 9, Conrad discloses the system of claim 5, wherein the housing swivels relative to the surface using at least one of the first mount or the second mount (pg.4, ¶ [0040] discusses the head 108 may allow a user to rotate the user interface 104 clockwise or counter clockwise about an axis perpendicular to the screen of the user interface 104 (not shown)- for example, to place the user interface 104 in a landscape or portrait orientation).
As per Claim 10, Conrad discloses the system of claim 5, wherein the base swivels relative to the surface using the second mount (pg.6, ¶ [0062] discusses (pg.4, ¶[0040] discusses the adjustable mount 108 is configured to allow 360° rotation about a vertical axis 150 and may also be configured to provide pivotal rotation about a horizontal axis 160).
As per Claim 11, Conrad discloses the system of claim 5, wherein the circuitry that passes through at least the first mount includes a cable that passes through at least the first mount (pg.5, ¶[0048] discusses the power source connection 122 may be coupled to the user interface 104, the housing 102, or other component of the system 100).
As per Claim 12, Conrad discloses the system of claim 5, wherein the circuitry conveys power to the computing device and the payment instrument reader (pg.5, ¶ [0048] discusses The power source connection 122 may be a power cord which connects the base 110 to an electrical outlet or other power source to provide power to the system 100).
As per Claim 13, Conrad discloses the system of claim 5, wherein the circuitry passes through the first mount and the second mount (pg.6, ¶ [0057] discusses wiring, such as cables, from the user interface 104 maybe extend through the adjustable mount 108 and connect to other portions of the system 1000, such as the base 110 or the reader 120).
As per Claim 14, Conrad discloses the system of claim 5, wherein the second mount includes an aperture that receives a fastener to couple the second mount to the surface (pg.3, ¶ [0038] discusses the housing 102 or user interface 104 may comprise an aperture that is configured to receive a mechanical fastener, e.g., a screw or bolt, from the user interface
104 or housing 102, respectively).
As per Claim 18, Conrad discloses the system of claim 5, further comprising:
a connector within the housing, wherein the computing device is coupled to the connector, wherein the payment instrument reader conveys the payment instrument information to the computing device through the connector, and wherein the circuitry is coupled to the connector (pg.3, ¶ [0039] discusses the housing 102 may comprise a Universal Serial Bus (USB) port which couples with the USB plug 125 on one end of the data connector 124. The other end of the data connector 124 may comprise a connector 130, such as a dock connector, which connects to the user interface 104).
As per Claim 19, Conrad discloses the system of claim 5, wherein the computing device facilitates a transaction using the payment instrument information (pg.3, ¶[0036] discusses The user interface 104 may comprise an operating system and a thin client application which provides a graphical user interface and/or a web browser to a user for processing financial transactions using software resident on a remote server).
As per Claim 20, Conard discloses a method comprising:
receiving a computing device into a housing (pg.3, ¶ [0038] discusses the housing 102 may comprise a clear plastic case (not shown) in which the user interface 104 inserted),
wherein a first mount couples the housing to a base (Figure 7, depicts housing 102 coupled to Mount 108),
wherein a second mount couples the base to a surface (Figure 7, depicts The adjustable mount 108 may also be coupled to the stand 106 and a base 110 coupled to the stand 106),
wherein circuitry is coupled to the housing (pg.3, ¶ [0039] discusses the housing 102 may comprise a Universal Serial Bus (USB) port which couples with the USB plug 125 on one end of the data connector 124), and
wherein the circuitry passes through at least the first mount (pg.6, ¶ [0057] discusses the adjustable mount 108 is a hollow tube. By using a hollow tube or other similar structure for the adjustable mount 108, wiring from the user interface 104 may extend through the adjustable mount 108);
moving the housing relative to the surface (pg.4, ¶[0040] discusses the adjustable mount 108 is configured to allow 360° rotation about a vertical axis 150 and may also be configured to provide pivotal rotation about a horizontal axis 160);
reading payment instrument information from a payment instrument using a payment instrument reader (pg.5, ¶ [0047] discusses The reader 120 may be configured to read one or more types of cards e.g., credit cards, debit cards, or prepaid cards); and
conveying the payment instrument information to the computing device (pg.3, ¶ [0039] discusses a user uses a card at the reader 120, e.g., a magnetic, near field communication (NFC), or chip card reader, a central processing device740 (see FIG. 7) in the housing 102 may receive the card data via a connection through the base 110 and stand 106, for example, and send it to the user interface 104 through the data connector 124).
Conrad teaches all the limitations of the claimed invention. One of ordinary skill within the art before the effective filing date would interpret the claimed invention of Conrad as having all the components of the claimed invention. Although not explicitly stated, the cable that provides power to the user interface can pass through the hollow tube would have yielded predictable results because the level of ordinary skill in the art demonstrated by Conrad shows the ability to incorporate a power cable passing through a hollow tube of an adjustable mount into similar systems
Claim(s) 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad, U.S. Patent Application Publication 2016/0070964 in view of http://www.nclosures.com/wp-content/uploads/2013/05/Rhino-Sentry-POS-Square.pdf, hereinafter nClosures.
As per Claim 2, Conrad discloses the POS device of claim 1. However, Conrad fails to disclose wherein the surface is one of a wall or a ceiling.
nClosures teaches wherein the surface is one of a wall or a ceiling (pg.2, depicts Rhino Sentry Mounting Options, Wall or Column and Under Cabinet or shelf, Examiner is construing the ability to mount the POS under cabinet or shelf as mounting on a ceiling because the ceiling mount will need the same mount for mounting under cabinet or shelf).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the ability to mount a tablet POS on a wall as in the improvement discussed in nClosure in the system executing the method of Conrad. As in nClosure, it is within the capabilities of one of ordinary skill in the art to mount a tablet-based POS on a wall to the POS device as claimed by Conrad with the predicted result of mounting a tablet-based POS system as needed in Conrad.
As per Claim 6, Conrad discloses the system of claim 5. However, Conrad fails to disclose wherein the surface is one of a wall or a ceiling.
nClosures teaches wherein the surface is one of a wall or a ceiling (pg.2, depicts Rhino Sentry Mounting Options, Wall or Column and Under Cabinet or shelf, Examiner is construing the ability to mount the POS under cabinet or shelf as mounting on a ceiling because the ceiling mount will need the same mount for mounting under cabinet or shelf).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the ability to mount a tablet POS on a wall as in the improvement discussed in nClosure in the system executing the method of Conrad. As in nClosure, it is within the capabilities of one of ordinary skill in the art to mount a tablet-based POS on a wall to the POS device as claimed by Conrad with the predicted result of mounting a tablet-based POS system as needed in Conrad.
Claim(s) 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad, U.S. Patent Application Publication 2016/0070964 in view of Sumida, U.S. Patent Application Publication 2013/0019114
As per Claim 15, Conrad discloses the system of claim 5. However, Conrad fails to disclose a system further comprising:
tamper detection circuitry to detect an attempt to remove a fastener from the first mount.
Sumida teaches a system further comprising tamper detection circuitry to detect an attempt to remove a fastener from the first mount (Figure 3, depicts Mobile device 100, with tamper detecting circuitry).
Therefore it would have been obvious to one of ordinary skill in the art of tablet-based point of sale systems before the effective filing date of the claimed invention to modify the system of Conrad to include tamper detecting circuitry as taught by Sumida to provide a mobile POS that is capable of data processing for credit card payments handles personal information that is to be concealed such as credit card numbers and therefore requires measures for preventing the falsification of information that is recorded in memory. A tamper-detection circuit, which is a circuit for protecting information that is recorded in memory, is therefore provided in a mobile POS of this type. Summary
As per Claim 16, Conrad discloses the system of claim 5. However, Conrad fails to disclose a system further comprising:
tamper detection circuitry to detect an attempt to remove a fastener from the second mount Figure 4, depicts Mobile device 100, with tamper detecting circuitry).
Therefore it would have been obvious to one of ordinary skill in the art of tablet-based point of sale systems before the effective filing date of the claimed invention to modify the system of Conrad to include tamper detecting circuitry as taught by Sumida to provide a mobile POS that is capable of data processing for credit card payments handles personal information that is to be concealed such as credit card numbers and therefore requires measures for preventing the falsification of information that is recorded in memory. A tamper-detection circuit, which is a circuit for protecting information that is recorded in memory, is therefore provided in a mobile POS of this type. Summary
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Conrad, U.S. Patent Application Publication 2016/0070964 in view of Govindarajan et al. U.S. Patent Application Publication 2016/0253649.
As per Claim 17, Conrad discloses the system of claim 5. However, Conrad fails to disclose a system further comprising:
a latch that secures the computing device within a cradle within the housing, wherein the computing device is removably received in the cradle.
Govindarajan et al. a latch that secures the computing device within a cradle within the housing, wherein the computing device is removably received in the cradle (pg.2, ¶ [0033] discusses housing 104 of POS system 100 may enclose computing device 112. In some embodiments, housing 104 may be sealable and lockable. As shown in FIG. 3B, housing 104 may be opened to remove computing device 112. In some embodiments, housing 104 may have a side panel 302 that may be opened to remove computing device 112. In some embodiments, side panel 302 may be locked, and a key 304 may be required to open side panel 302 to remove computing device 112 to provide security for computing device 112).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have a side panel to enclose the tablet within the housing as in the improvement discussed in Govindarajan et al. in the system executing the method of a tablet-based POS. As in Govindarajan et al., it is within the capabilities of one of ordinary skill in the art to provide security to a tablet POS to the tablet-based POS with the predicted result of added security as needed in Conrad.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schatz et al. U.S. Patent Application Publication 2019/0041910 discusses a docking system for portable computing device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHFORD S HAYLES whose telephone number is (571)270-5106. The examiner can normally be reached M-F 6AM-4PM with Flex.
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/ASHFORD S HAYLES/Primary Examiner, Art Unit 3627
