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 . This office action is in response to applicant's communication of April 18, 2025. The rejections are stated below. Claims 1-20 are pending and have been examined.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of automated checkout without significantly more.
The Examiner has identified independent system Claim 6 as the claim that represents the claimed invention for analysis.
Claim 6 is directed to a system which is one of the four statutory categories of invention (Step 1: YES).
Claim 6 recites “a …-implemented method, comprising:
detecting, by an … associated with a user, a trigger event indicating a potential purchase transaction on a merchant server;
accessing, by the … responsive to the trigger event, data associated with the user and the potential purchase transaction from one or more data sources;
determining, by the … based at least in part on the accessed data, to initiate an … checkout process for the potential purchase transaction;
requesting, by the …, a … card number (..CN) associated with the user from a … card service;
receiving, by the …, the …CN and associated payment details from the … card service;
…, one or more fields of a … presented by the … with at least the received VCN and associated payment details; and
submitting, by the …, the populated … to the … to attempt completion of the purchase transaction”.
These limitations describe an abstract idea of automated checkout and corresponds to Certain Methods of Organizing Human Activity (fundamental economic principles). Accordingly, claim 1 recites an abstract idea (Step 2A: Prong 1: YES).
This judicial exception is not integrated into a practical application. The additional elements, e.g., “system, a payment card network computer comprising a payment card network processor operably connected to a memory, wherein the memory stores program instructions including processor-executable …, a gateway/bridge computer operably connected to the payment card network computer, a merchant acquirer computer operably connected to the payment card network computer, wherein the payment card network processor is operative with the program instructions stored in the memory, automated clearing house (ACH) system” which do no more than implement the abstract idea and/or provide a particular technological environment. Therefore, claim 1 recites an abstract idea without a practical application (Step 2A - Prong 2: NO).
Further, as the additional elements of claim 1 do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, they do not improve computer functionality or improve another technology or technical field. Thus, claim 1 is not patent eligible (Step 2B: NO).
Claims 1, 12, and 18 also recites the abstract idea of automated checkout and corresponds to Certain Methods of Organizing Human Activity (fundamental economic principles). Claim 1 includes the additional elements of “a system, automated, a processor, memory communicatively coupled to the processor, the memory storing instructions executable by the processor to configure the system as an artificial intelligent component configured …, communicatively coupled client device, merchant server, client device, virtual, merchant server”. Claim 12 includes the additional elements of “a non-transitory computer-readable storage medium, the computer-readable storage medium including instructions that when executed by a computing device, cause the computing device, client device, merchant server, automated, client device, virtual”. Claim 18 includes the additional elements of “training an artificial intelligence, training dataset, merchant platforms, training the AI model, generate a trained AI assistant configured, automated”. The additional elements do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. Further, as the additional elements do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment they do not improve the functioning of a computer or improve other technology or technical field (MPEP 2106.05(a)).
The additional elements of dependent claims 2-5, 7-11, 13-17 and 19-20 do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. Further, as the additional elements do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment it does not improve the functioning of a computer or improve other technology or technical field (MPEP 2106.05(a)).
Claim Rejections – 35 USC 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
form the rejections under this section made in this Office action.
A person shall be entitled to a patent unless -
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bulgakov et al. [US Pub No. 2023/0401563 A1].
Regarding claim 1, Bulgakov discloses a system for facilitating automated checkout, comprising: a processor; and memory communicatively coupled to the processor, the memory storing instructions executable by the processor to configure the system as an artificial intelligence (AI) component (Abstract, 0069);
configured to: process content presented on a communicatively coupled client device, wherein the content originates from a merchant server and identifies a specific purchasable item (Abstract, 0053, 0056);
process user data associated with the client device or a user of the client device, the user data reflecting historical user behavior or preferences (0004-0006, 0022);
determine, based on analysis of the content and analysis of the user data, that a predefined trigger condition for offering automated checkout related to the specific purchasable item is met (Abstract);
cause, responsive to determining the trigger condition is met, presentation of a selectable interface element representing an automated checkout option via the client device; receive, via the client device (Abstract, 0004-0006).
receive, via the client device, an indication signifying user selection of the selectable interface element (Abstract);
request, via a virtual card service, a virtual card number designated for a transaction with the merchant server (0004-0006, 0072); and
initiate, with the merchant server, the transaction for the specific purchasable item with the merchant server by providing at least the requested virtual card number to the merchant server (0004, 0054, claim 1). Claims 6 and 12 stand rejected for the same reasons as claim 1.
Regarding claim 18, Bulgakov discloses a method for training an artificial intelligence (AI) assistant, comprising:
assembling a training dataset comprising user data associated with user activities, merchant data associated with merchant platforms, and contextual data associated with user environments (0004-0006);
providing the assembled training dataset to an AI model (0004, 0036); and
training the AI model using the provided training dataset to generate a trained AI assistant configured to perform operations comprising one or more (0004, claim 1) of:
identifying trigger conditions for initiating an automated checkout process based on analysis of user interaction data and merchant data (0004, claim 1),
identifying conditions for refraining from initiating the automated checkout process based on analysis of user data or contextual data (0004-0006, claim 3),
selectively initiating an automated checkout process based at least in part on the identified trigger conditions and an absence of identified conditions for refraining, and a combination thereof (0005-0006, claim 7).
Regarding claim 2, Bulgakov discloses the system of claim 1, wherein the trigger comprises the client device interacting with a resource related to a product on the merchant server (Abstract, 0017).
Regarding claim 3, Bulgakov discloses the system of claim 1, wherein the trigger is initiated upon the client device navigating to a link designated for starting a checkout process hosted by the merchant server (0004, 0017, 0066).
Regarding claim 4, Bulgakov discloses the system of claim 2, wherein the trigger comprises the client device requesting and loading content from the merchant server corresponding to a page, wherein the loaded content includes data configured to display an advertisement (0029).
Regarding claim 5, Bulgakov discloses the system of claim 2, wherein the AI component is implemented as executable code within a browser extension configured to operate on a client device (0022).
Regarding claim 7, Bulgakov discloses the computer-implemented method of claim 6, wherein the trigger event comprises the user accessing a checkout page presented by the merchant server via a client device (0004).
Regarding claim 8, Bulgakov discloses the computer-implemented method of claim 6, wherein accessing data further comprises accessing at least one of customer purchase history, customer Browse history from the one or more data sources, or both (0004-0006, 0017, 0022).
Regarding claim 9, Bulgakov discloses the computer-implemented method of claim 6, further comprising, prior to requesting the VCN: presenting, by the AI assistant via a client device associated with the user, a selectable option to proceed with the automated checkout process; and receiving, by the AI assistant, an indication that the user has selected the option (Abstract, 0005-0006, claim 7).
Regarding claim 10, Bulgakov discloses the computer-implemented method of claim 8, wherein automatically populating further comprises automatically populating one or more fields of the checkout interface with user data comprising a user name, a user address, a user email address, or combination thereof, and wherein said user data is retrieved from the accessed data (0004-0006, 0029).
Regarding claim 11, Bulgakov discloses the computer-implemented method of claim 6, comprising: determining, by the AI assistant, whether the attempted completion of the purchase transaction was successful or unsuccessful; and responsive to determining that the attempt was unsuccessful, providing data describing the automated checkout process as training data for retraining the AI assistant (0036).
Regarding claim 13, Bulgakov discloses the computer-readable storage medium of claim 12, wherein the trigger comprises the client device accessing a product page on the merchant server (Abstract, 0004-0006, 0022).
Regarding claim 14, Bulgakov discloses the computer-readable storage medium of claim 12, wherein the trigger comprises the client device accessing a product page on the merchant server (0004).
Regarding claim 15, Bulgakov discloses the computer-readable storage medium of claim 12 including instructions that when executed by the computing device, cause the computing device to access via the client device a page on the merchant server that includes an advertisement (0029).
Regarding claim 16, Bulgakov discloses the computer-readable storage medium of claim 12, wherein the instructions are implemented in a browser extension (0022).
Regarding claim 17, Bulgakov discloses the computer-readable storage medium of claim 12 including instructions that when executed by the computing device, cause the computing device to autofill the virtual card number and data associated with a customer into one or more form fields.
Regarding claim 19, Bulgakov discloses the method of claim 18, wherein: the user data comprises user transaction history, user Browse history, user profile information, and user dialogue data; the merchant data comprises merchant webpage structure, merchant application configuration, merchant server configuration, and merchant risk assessment data; and the contextual data comprises advertisement interaction data, social media activity data, and loyalty program data (Abstract, 0004-0006, 0017, 0022, claims 1 and 2).
Regarding claim 20, Bulgakov discloses the method of claim 18, wherein the trained AI assistant is further configured such that the selectively initiated automated checkout process utilizes a virtual card number (VCN) obtained from a virtual card service (Abstract, 0003-0006, 0017).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN T POE whose telephone number is (571)272-9789. The examiner can normally be reached on Monday-Friday 9:30 am through 6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan Donlon can be reached on 571-270-3602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.T.P/Examiner, Art Unit 3692 /KEVIN T POE/
/RYAN D DONLON/Supervisory Patent Examiner, Art Unit 3692 August 11, 2026
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