DETAILED ACTION
Acknowledgements
This Office Action is in response to Applicant’s correspondence filed on 3/21/25.
The Examiner notes that citations to United States Patent Application Publication paragraphs are formatted as [####], #### representing the paragraph number.
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.
Status of Claims
Claims 1-20 are currently pending.
Claims 1-20 are rejected as set forth 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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-3, 6-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
As per claim 1-3, 6-20, the claimed invention is directed to an abstract idea without significantly more because:
Claims 1, 16, 19 recites: A device component for an aerosol provision system, the device component comprising: a speaker operable to emit acoustic signals; and a controller configured to: supply to the speaker a drive signal in which is encoded payment entity information relating to a payment entity associated with a user, to cause the speaker to emit an acoustic signal carrying the payment entity information for detection by a point-of-sale payment transaction system.
Under Step 1 of the Section 101 analysis, the claim(s) is/are directed to a system and method, which are statutory categories of invention.
Under Step 2A Prong One of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claimed invention as drafted includes language (see underlined language above) that recites an abstract idea of processing a payment transaction by verbalizing payment information (a certain method of organizing human activity such as a commercial or legal interactions, e.g. including agreements in the form of contracts, sales activities/behaviors, business relations) but for the recitation of additional claim elements. That is, other than reciting a device component for an aerosol provision system comprised of a speaker and a controller that encodes data into an acoustic signal, nothing in the claim precludes the language from being considered as a commercial interaction or sales activities/behaviors, i.e. processing a payment transaction by verbalizing payment information. For example, a customer is capable of verbally speaking their payment information to a cashier at a retail store.
A similar analysis can be applied to dependent claims 2-3, 6-15, 20, which further recite the abstract idea of processing a payment transaction by verbalizing payment information.
Under Step 2A Prong Two of the 2019 Revised Patent Subject Matter Eligibility Guidance, the additional claim element(s), considered individually, do not apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception and in a manner that integrates the exception into a practical application of the exception. The additional claim elements(s) merely add the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. For example, the abstract idea is merely implemented by a device component comprised of a speaker and a controller that encodes data into an acoustic signal. Furthermore, the additional claim elements(s) generally link the use of the judicial exception to a particular technological environment or field of use. For example, the abstract idea is implemented into the particular technological environment of aerosol provision systems.
A similar analysis can be applied to dependent claims 2-3, 6-15, 20 which include additional claim elements(s) that merely add the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. For example, the abstract idea is merely implemented by a device component comprised of a speaker and a controller that encodes data into an acoustic signal.
A similar analysis can be applied to dependent claims 17-18, which include additional claim elements(s) that generally link the use of the judicial exception to a particular technological environment or field of use. For example, the abstract idea is implemented into the particular technological environment of aerosol provision systems.
Under Step 2A Prong Two, the additional claim element(s), considered in combination, do not apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception and in a manner that integrates the exception into a practical application of the exception. The combination of elements is no more than the sum of their parts. Unlike the eligible claims in Diehr and Bascom, in which the elements limiting the exception taken together improve a technical field, the instant claim lacks an improvement to the functioning of a computer or to any other technology or technical field.
Under Step 2B, the additional claim element(s), considered individually and in combination, do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself for similar reasons outlined under Step 2A Prong Two.
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.
Claims 1-3, 6, 9-11, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. 20190362336 to Yim in view of United States Patent Application Publication No. 20230329339 to Lee.
As per claim(s) 1, 16, 19, Yim teaches:
A device component, the device component comprising: a speaker operable to emit acoustic signals; (Fig 7, [0063]-[0064], “When the user terminal 100 operates in payment mode, the user terminal 100 transmits a card information sound wave signal, which is a sound wave signal including card information. For this purpose, as shown in FIG. 7, the user terminal 100 may include a terminal microphone 110, a terminal speaker 120, an encryption key extraction unit 130, a card information sound wave signal generation unit 140, and a card information sound wave signal transmission unit 150.”)
a controller configured to: supply to the speaker a drive signal in which is encoded payment entity information relating to a payment entity associated with a user, to cause the speaker to emit an acoustic signal carrying the payment entity information for detection by a point-of-sale payment transaction system. ([0069], “The card information sound wave signal transmission unit 150 loads the card information sound wave signal into the second channel, and transmits the card information sound wave signal via the terminal speaker 120. Accordingly, the converter microphone 231 of the magnetic field converter 200 receives the card information sound wave signal and converts the card information sound wave signal into a magnetic field form, thereby enabling payment via a magnetic field to be processed in the MST payment device 300.”)
Yim does not explicitly teach, but Lee teaches:
a device component for an aerosol provision system; (Fig 1, [0075], [0078], “Referring to FIG. 1, an aerosol-generating device 100 may include a communication interface 110, an input/output interface 120, an aerosol-generating module 130, a memory 140, a sensor module 150, a battery 160, and/or a controller 170. The input/output interface 120 may include an input device (not shown) for receiving a command from a user and/or an output device (not shown) for outputting information to the user. For example, the input device may include a touch panel, a physical button, a microphone, or the like. For example, the output device may include a display device for outputting visual information, such as a display or a light-emitting diode (LED), an audio device for outputting auditory information, such as a speaker or a buzzer, a motor for outputting tactile information such as haptic effect, or the like.”)
One of ordinary skill in the art would have recognized the substitution of a known prior art element of Lee for another known prior art element of Yim would have yielded predicable results. Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject and the prior art rests not on any individual element or function but in the very combination itself- that is in the substitution of the device component for an aerosol provision system in the secondary reference for the device component in the primary reference. It would have been recognized by one of ordinary skill in the art that the results of the substitution would have been predictable because an aerosol-generative device is merely a type of a portable user terminal and does not change the functionality of Yim.
As per claim(s) 2, Yim teaches:
data storage for storing the payment entity information; and wherein the controller is further configured to generate the drive signal by encoding the payment entity information into the drive signal. ([0068], “The card information sound wave signal generation unit 140 generates card information sound wave data including an encryption key and card information, as shown in FIG. 8, and generates card information sound wave data into a card information sound wave signal, which is a sound wave signal. In order to transmit data in the form of a sound wave signal, BFSK (binary frequency shift keying) modulation and CW (continuous waveform) modulation, such as ASK (amplitude shift keying), may be used.”)
As per claim(s) 3, Yim teaches:
wherein the controller is further configured to store the drive signal in the data storage for subsequent supply to the speaker. ([0068])
As per claim(s) 6, Yim teaches:
wherein the drive signal is configured to cause the speaker to emit the acoustic signal carrying the payment entity information in an ultrasonic frequency range. ([0032], “The user terminal 100 transmits a sound wave signal including card information (hereinafter referred to as the “card information sound wave signal”) during operation in payment mode. In this case, the sound wave signal is a signal in the sound wave frequency band, e.g., a frequency band between 18,000 Hz and 19,800 Hz. A signal in the above frequency band is not a sound wave in an audible frequency band audible to humans, and is thus a signal having a frequency inaudible to humans. Accordingly, a card information sound wave signal including card information is transmitted using a signal in the frequency band of inaudible sound waves. This user terminal 100 will be described in greater detail later.”)
As per claim(s) 9, Yim teaches:
wherein the device component further comprises a microphone operable to detect acoustic signals and deliver detected acoustic signals to the controller. ([0067], “The encryption key extraction unit 130 functions to, when an awake sound wave signal having a card information request code is received over the first channel, activate the terminal microphone 110 and then extract an encryption key from the awake sound wave signal.”)
As per claim(s) 10, Yim teaches:
wherein the microphone is operable to detect and deliver acoustic signals carrying information emitted by a point-of-sale system. ([0067])
As per claim(s) 11, Yim teaches:
wherein the controller is further configured to cause the speaker to emit the acoustic signal carrying the payment entity information in response to detection of an acoustic signal from the point-of- sale system. ([0067]-[0069])
As per claim(s) 15, Yim teaches:
wherein the speaker is configured as the user output element. ([0064])
As per claim(s) 17, Lee teaches:
comprising an article comprising an aerosol generator, the controller further configured to control the aerosol generator to generate aerosol for consumption by the user in response to user demand for aerosol. ([0111]-[0112], “The controller 170 may determine the occurrence or non-occurrence of a puff using the puff sensor included in the sensor module 150. For example, the controller 170 may check a temperature change, a flow change, a pressure change, and a voltage change in the aerosol-generating device 100 based on the values sensed by the puff sensor, and may determine the occurrence or non-occurrence of a puff based on the result of checking. The controller 170 may control the operation of each of the components provided in the aerosol-generating device 100 according to the occurrence or non-occurrence of a puff and/or the number of puffs.”)
As per claim(s) 18, Lee teaches:
wherein the device component and the article are separably connectable to one another to form the aerosol generating system. ([0075], “Referring to FIG. 1, an aerosol-generating device 100 may include a communication interface 110, an input/output interface 120, an aerosol-generating module 130, a memory 140, a sensor module 150, a battery 160, and/or a controller 170.”)
As per claim(s) 20, Yim teaches:
storing the payment entity information in data storage comprised in the aerosol provision system; and retrieving the payment entity information from the data storage in order to generate the drive signal. ([0068])
Claims 4-5, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. 20190362336 to Yim in view of United States Patent Application Publication No. 20230329339 to Lee, and further in view of United States Patent Application Publication No. 20200286086 to Chanduri.
As per claim(s) 4, Yim as modified does not explicitly teach, but Chanduri teaches:
wherein the controller is further configured to encrypt the drive signal before supplying it to the speaker, using a key associated with the point-of-sale system. ([0024], “At operation 220, transaction details are received from user selections or indications of an amount and an identification of an account number associated with the authorized user and corresponding to the pre-staged transaction. The details may be entered by the user via the app or website or other means of receiving transaction details. The transaction details are optionally encrypted and then encoded at operation 230 into an inaudible audio clip having a frequency or frequencies that, when played, are above approximately 20 KHz. Encryption may include use of a hash to encrypt and an associated hash key to decrypt.”; [0031]-[0032], “The audio file may be transferred at 335 to another user, who may engage a transaction execution machine, such as an ATM or a machine at a retail location having microphone with the capability to receive audible sounds and inaudible sounds in the frequency range at which the audio file is encoded. Decoding the inaudible portion includes digitizing the received inaudible portion and decrypting the digitized inaudible portion using a hash key if the inaudible portion is encrypted. The hash key may be obtained from the list 140 to decrypt the inaudible portion when encrypted with the corresponding hash. Public key private key encryption or other forms of secure encryption may be used in further embodiments.”)
One of ordinary skill in the art would have recognized that applying the known technique of Chanduri to the known invention of Yim as modified would have yielded predictable results and resulted in an improved invention. It would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such encryption features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the controller to encrypt the drive signal before supplying it to the speaker, using a key associated with the point-of-sale system results in an improved invention because applying said technique ensures that the payment information stored in the acoustic signal is protected, thus improving the overall security of the invention.
As per claim(s) 5, Yim as modified does not explicitly teach, but Chanduri teaches:
wherein the controller is further configured to encrypt the payment entity information before encoding the payment entity information into the drive signal. ([0024])
One of ordinary skill in the art would have recognized that applying the known technique of Chanduri to the known invention of Yim as modified would have yielded predictable results and resulted in an improved invention. It would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such encryption features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the controller to encrypt the payment entity information before encoding the payment entity information into the drive signal results in an improved invention because applying said technique ensures that the payment information stored in the acoustic signal is protected, thus improving the overall security of the invention.
As per claim(s) 8, Yim as modified does not explicitly teach, but Chanduri teaches:
wherein the device component further comprises a user input element, in response to the activation of which by the user, the controller causes the speaker to emit the acoustic signal carrying the payment entity information. ([0022], “The audio file transferred to the device 2 120 may be transferred entirely, or may be transferred via a link and played by selecting the link while executing the transaction.”)
One of ordinary skill in the art would have recognized that applying the known technique of Chanduri to the known invention of Yim as modified would have yielded predictable results and resulted in an improved invention. It would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such encryption features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the device component to further comprise a user input element, in response to the activation of which by the user, the controller causes the speaker to emit the acoustic signal carrying the payment entity information, results in an improved invention because applying said technique ensures that the user has control over when their payment information is being transmitted, thus improving the overall security of the invention.
Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. 20190362336 to Yim in view of United States Patent Application Publication No. 20230329339 to Lee, and further in view of United States Patent Application Publication No. 20190130376 to Hamilton.
As per claim(s) 7, Yim as modified does not explicitly teach, but Hamilton teaches:
wherein the drive signal is configured to cause the speaker to emit the acoustic signal carrying information in an audible frequency range. ([0020], “The grammar and action scripts service 114 includes a set of trigger words or phrases and respective scripts. The trigger words or phrases are searched for by an engine of the voice processing services 110 that processes text from the speech-to-text service 112. The engine, upon identifying an occurrence of a trigger word or phrase then executes a script associated therewith. The script may utilize other text in the audio recording, as may be received from the speech-to-text service 112, as one or more arguments for performing one or more data processing activities of the script. Such activities may include retrieving data, such as a price of a product, and returning the data to the calling voice device 102 either as a generated audio recording generated by a text-to-speech service or as text that will be converted to audible speech or be presented by the audio deivce or other device coupled thereto. The data processing activities may include other activities, such as restarting another networked device, such as a terminal 104, interacting with other systems to perform transactions or obtain other data such as one or more backend systems 106 (e.g., non-customer or employee facing systems that may store data, process payments, record employee hours, etc.).”)
One of ordinary skill in the art would have recognized that applying the known technique of Hamilton to the known invention of Yim as modified would have yielded predictable results and resulted in an improved invention. It would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such encryption features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the drive signal so it is configured to cause the speaker to emit the acoustic signal carrying information, i.e. payment entity information, in an audible frequency range results in an improved invention because applying said technique ensures that the user can verify that payment information is being transmitted in real-time, thus improving the overall security of the invention.
Claims 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. 20190362336 to Yim in view of United States Patent Application Publication No. 20230329339 to Lee, and further in view of United States Patent Application Publication No. 20120051187 to Paulson.
As per claim(s) 12, Yim does not explicitly teach, but Paulson teaches:
wherein the controller is further configured to recognise detection of acoustic signals from the point-of-sale system which carry information regarding an outcome of a payment transaction. ([0045], [0047], “A further subset of the applications contemplated using sonic communications of the present invention include coupon-clipping, point-of-sale (POS) systems and paperless receipts, sonic payment systems, ringtone exchange, sonic voting, sonic data transfer and cloud-based storage, sonic dating matchup, sonic vending, video sharing, audio sharing, in-store discount systems, loyalty programs, gift-card management and redemption, and kiosk systems for information delivery. The POS securely processes the coupons and payment information and returns a paperless receipt to the mobile device once the product or service purchase is completed.”)
One of ordinary skill in the art would have recognized that applying the known technique of Paulson to the known invention of Yim as modified would have yielded predictable results and resulted in an improved invention. It would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such acoustic detection features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the controller to recognize detection of acoustic signals from the point-of-sale system which carry information regarding an outcome of a payment transaction results in an improved invention because applying said technique ensures that the user can verify that payment transaction has been successfully processed, thus improving the overall security of the invention.
As per claim(s) 13, Yim teaches:
wherein the information regarding an outcome of a payment transaction comprises any of an indication of successful receipt of the acoustic signal carrying the payment entity information by the point-of-sale system, an indication of failure to receive the acoustic signal carrying the payment entity information by the point-of-sale system, an indication of successful completion of the payment transaction, and an indication of failure to complete the payment transaction. ([0045], [0047])
As per claim(s) 14, Yim teaches:
further comprising a user output element, the controller configured to activate the user output element to indicate the information regarding an outcome of a payment transaction carried in an acoustic signal received from the point-of-sale system, in order to notify the information regarding an outcome of a payment transaction to the user. ([0045], [0047])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
United States Patent Application Publication No. 20150046329 to Huxham discloses systems, methods, apparatuses, and computer-readable media for using near sound communication (NSC) functionalities to complete transactions. According to one or more aspects, a payment server may receive a data message from a payor's telephone, and the data message may include a user-specified password. In response to validating the payor based on the user-specified password, a call may be initiated to the payor's telephone. Subsequently, a unique audio stream may be played over the call. The unique audio stream may be adapted to be captured by a merchant point-of-sale terminal for use in completing a transaction. In some arrangements, the unique audio stream may include encoded information identifying the payor and/or identifying an amount of funds to be paid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY HUANG whose telephone number is (408)918-9799. The examiner can normally be reached 9:00a - 5:30p PT.
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/JAY HUANG/Primary Examiner, Art Unit 3619