DETAILED ACTION
This action is in reply to the application filed on 05/29/2025.
Claim 1 has been canceled.
Claims 2-21 have been examined.
Claims 2-21 are pending.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim 2-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 8-11, 13, 15-18, 20-25 of Patent No. 11893569 (reference patent) and claims 2-21 of Patent No. 12333519 . Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to initiating an electronic transaction between entities with the use of secure QR code.
Current Application – 19222664
Patent No. – 11893569
2. (New) A method, comprising: transmitting, by a first user device to a server system, a request to initiate an electronic transaction between the first user device corresponding to a first user and a second user device corresponding to a second, different user, wherein the transmitting is executed via a quick response (QR) code that includes an identifier of the first user; receiving, by the first user device from the server system, a network testing communication; transmitting, by the first user device to the server system, a response to the network testing communication, including a geolocation of the first user device, wherein the response and geolocation of the first user device are usable by the server system to determine properties of a network infrastructure in which the electronic transaction will occur, and wherein the properties of the network infrastructure are usable by the server system to select a first QR code processing from a plurality of available QR code processing flows for processing the electronic transaction; and receiving, by the first user device from the server system, information indicating that the electronic transaction between the first user device and the second user device has been processed by the server system using the selected first QR code processing flow, wherein the information is received based on the server system verifying the QR code using the identifier of the first user.
3. (New) The method of claim 2, wherein the server system verifies the first user based on the identifier of the first user, wherein the server system further processes the electronic transaction based on verifying the first user.
4. (New) The method of claim 3, wherein the verifying the first user is further based on verifying the geolocation of the first user device.
5. (New) The method of claim 2, wherein the server system selects the first QR code processing flow for processing the electronic transaction based on first set of characteristics associated with the electronic transaction that includes a transaction amount and an indication that the QR code is a static QR code or a dynamic QR code.
6. (New) The method of claim 2, wherein processing the electronic transaction includes: receiving an amount of money specified by the second user; and transmitting, to the server system, a confirmation indicating that the first user device received the money.
7. (New) The method of claim 6, wherein the first user device receives a success message from the server system indicating the electronic transaction is complete based on the confirmation.
8. (New) The method of claim 2, wherein the electronic transaction is a person-to-person transaction.
9. (New) A non-transitory computer-readable medium having instructions stored thereon that are executable by a computing device to perform operations comprising: in response to a quick response (QR) code being scanned at the computing device, transmitting, to a server system, a request to initiate a data transfer between the computing device, corresponding to a first entity, and a device of a second, different entity; receiving, from the server system, a testing communication; transmitting, to the server system, a response to the testing communication, including a geolocation of the computing device, wherein the response and geolocation of the computing device are usable by the server system to determine properties of a communication infrastructure in which the data transfer will occur, and wherein the properties of the communication infrastructure are usable by the server system to select a first QR code processing from a plurality of available QR code processing flows for processing the data transfer; and receiving, from the server system, information indicating that the data transfer between the computing device and the device of the second entity has been processed by the server system using the selected first QR code processing flow in response to the server system verifying the QR code transmitted by the computing device based on an identifier of the first entity included in the QR code.
10. (New) The non-transitory computer-readable medium of claim 9, wherein the server system verifies the first entity based on the identifier of the first entity, wherein the server system further processes the data transfer based on verifying the first entity.
11. (New) The non-transitory computer-readable medium of claim 10, wherein the verifying the first entity is further based on verifying the geolocation of the computing device.
12. (New) The non-transitory computer-readable medium of claim 9, wherein the server system selects the first QR code processing flow for processing the data transfer based on first set of characteristics associated with the data transfer that includes a transaction amount and an indication that the QR code is a static QR code or a dynamic QR code.
13. (New) The non-transitory computer-readable medium of claim 9, wherein the operations further comprise: receiving an amount of money specified by the second entity; and transmitting, to the server system, a confirmation indicating that the computing device received the money.
14. (New) The non-transitory computer-readable medium of claim 13, wherein the device corresponding to the second entity receives a success message from the server system indicating the data transfer is complete based on the confirmation.
15. (New) The non-transitory computer-readable medium of claim 9, wherein the first entity is a user and the second, different entity is a merchant.
16. (New) A apparatus comprising: a processor; and a non-transitory computer-readable medium having stored thereon instructions that are executable by the processor to cause the apparatus to perform operations comprising: transmitting, to a server system via a quick response (QR) code, a request to initiate an electronic transaction between a first user of the apparatus and a second, different user; receiving, from the server system, a request for location information of the apparatus; transmitting, to the server system, a geographic location of the apparatus, wherein the geographic location of the apparatus are usable by the server system to determine a network infrastructure of a network in which the electronic transaction will occur, and wherein the determined network infrastructure is usable by the server system to select a first QR code processing from a plurality of available QR code processing flows for processing the electronic transaction; and receiving, from the server system, information indicating that the electronic transaction has been processed by the server system using the selected first QR code processing flow in response to the server system verifying the QR code transmitted by the apparatus based on an identifier of the first user included in the QR code.
17. (New) The apparatus of claim 16, wherein the server system verifies the first user based on the identifier of the first user, wherein the server system further processes the electronic transaction based on verifying the first user.
18. (New) The apparatus of claim 16, wherein the verifying the first user is further based on verifying the geographic location of the apparatus.
19. (New) The apparatus of claim 16, wherein the server system selects the first QR code processing flow for processing the electronic transaction based on first set of characteristics associated with the electronic transaction that includes a transaction amount and an indication that the QR code is a static QR code or a dynamic QR code.
20. (New) The apparatus of claim 16, wherein the instructions are further executable by the processor to cause the apparatus to perform operations comprising: receiving an amount of money specified by the second user; and transmitting, to the server system, a confirmation indicating that the apparatus received the money
21. (New) The apparatus of claim 20, wherein the device of the second user receives a success message from the server system indicating the electronic transaction is complete based on the confirmation.
Claim 1: A method, comprising:
receiving a quick response (QR) code from a computing device, the QR code corresponding to a first entity, and wherein the QR code includes a first entity identifier;
analyzing the QR code to determine that the QR code corresponds to a request to initiate a data transfer between the first entity and a second entity, and determine a first set of characteristics associated with the data transfer;
determining a second set of characteristics corresponding the computing device or a user of the computing device, wherein the second set of characteristics includes a geolocation of the computing device;
identifying a first QR code processing flow from a plurality of QR code processing flows for the data transfer based on the first set of characteristics and the second set of characteristics;
verifying the first entity based on the first entity identifier;
verifying that the QR code is valid; and
in response to verifying the first entity and verifying that the QR code is valid, processing the data transfer between the first entity and the second entity based on the first QR code processing flow.
Claim 10: A non-transitory computer-readable medium storing instructions which, in response to being executed, cause a machine to perform or control performance of one or more operations, the operations comprising:
receiving a quick response (QR) code from a computing device, the QR code corresponding to a first entity, and wherein the QR code includes a first entity identifier;
analyzing the QR code to determine that the QR code corresponds to a request to initiate a data transfer between the first entity and a second entity, and determine a first set of characteristics associated with the data transfer;
determining a second set of characteristics corresponding the computing device or a user of the computing device, wherein the second set of characteristics includes a geo-location of the computing device;
identifying a first QR code processing flow from a plurality of QR code processing flows for the data transfer based on the first set of characteristics and the second set of characteristics;
verifying the first entity based on the first entity identifier;
verifying that the QR code is valid; and
in response to verifying the first entity and verifying that the QR code is valid, processing the data transfer between the first entity and the second entity based on the first QR code processing flow.
Claim 15: A system, comprising:
one or more processors; and
one or more non-transitory computer-readable media storing instructions which, in response to being executed by the one or more processors, cause the system to perform or control performance of one or more operations, the operations comprising:
receiving a quick response (QR) code from a computing device, the QR code corresponding to a first entity, and wherein the QR code includes a first entity identifier;
analyzing the QR code to determine that the QR code corresponds to a request to initiate a data transfer between the first entity and a second entity, and determine a first
set of characteristics associated with the data transfer;
determining a second set of characteristics corresponding the computing device or a user of the computing device, wherein the second set of characteristics includes a geolocation of the computing device;
identifying a first QR code processing flow from a plurality of QR code processing flows for the data transfer based on the first set of characteristics and the second set of characteristics;
verifying the first entity based on the first entity identifier;
verifying that the QR code is valid; and
in response to verifying the first entity and verifying that the QR code is valid, processing the data transfer between the first entity and the second entity based on the first QR code processing flow.
Current Application – 19/222,664
Patent No. – 12333519
2. (New) A method, comprising: transmitting, by a first user device to a server system, a request to initiate an electronic transaction between the first user device corresponding to a first user and a second user device corresponding to a second, different user, wherein the transmitting is executed via a quick response (QR) code that includes an identifier of the first user; receiving, by the first user device from the server system, a network testing communication; transmitting, by the first user device to the server system, a response to the network testing communication, including a geolocation of the first user device, wherein the response and geolocation of the first user device are usable by the server system to determine properties of a network infrastructure in which the electronic transaction will occur, and wherein the properties of the network infrastructure are usable by the server system to select a first QR code processing from a plurality of available QR code processing flows for processing the electronic transaction; and receiving, by the first user device from the server system, information indicating that the electronic transaction between the first user device and the second user device has been processed by the server system using the selected first QR code processing flow, wherein the information is received based on the server system verifying the QR code using the identifier of the first user.
3. (New) The method of claim 2, wherein the server system verifies the first user based on the identifier of the first user, wherein the server system further processes the electronic transaction based on verifying the first user.
4. (New) The method of claim 3, wherein the verifying the first user is further based on verifying the geolocation of the first user device.
5. (New) The method of claim 2, wherein the server system selects the first QR code processing flow for processing the electronic transaction based on first set of characteristics associated with the electronic transaction that includes a transaction amount and an indication that the QR code is a static QR code or a dynamic QR code.
6. (New) The method of claim 2, wherein processing the electronic transaction includes: receiving an amount of money specified by the second user; and transmitting, to the server system, a confirmation indicating that the first user device received the money.
7. (New) The method of claim 6, wherein the first user device receives a success message from the server system indicating the electronic transaction is complete based on the confirmation.
8. (New) The method of claim 2, wherein the electronic transaction is a person-to-person transaction.
9. (New) A non-transitory computer-readable medium having instructions stored thereon that are executable by a computing device to perform operations comprising: in response to a quick response (QR) code being scanned at the computing device, transmitting, to a server system, a request to initiate a data transfer between the computing device, corresponding to a first entity, and a device of a second, different entity; receiving, from the server system, a testing communication; transmitting, to the server system, a response to the testing communication, including a geolocation of the computing device, wherein the response and geolocation of the computing device are usable by the server system to determine properties of a communication infrastructure in which the data transfer will occur, and wherein the properties of the communication infrastructure are usable by the server system to select a first QR code processing from a plurality of available QR code processing flows for processing the data transfer; and receiving, from the server system, information indicating that the data transfer between the computing device and the device of the second entity has been processed by the server system using the selected first QR code processing flow in response to the server system verifying the QR code transmitted by the computing device based on an identifier of the first entity included in the QR code.
10. (New) The non-transitory computer-readable medium of claim 9, wherein the server system verifies the first entity based on the identifier of the first entity, wherein the server system further processes the data transfer based on verifying the first entity.
11. (New) The non-transitory computer-readable medium of claim 10, wherein the verifying the first entity is further based on verifying the geolocation of the computing device.
12. (New) The non-transitory computer-readable medium of claim 9, wherein the server system selects the first QR code processing flow for processing the data transfer based on first set of characteristics associated with the data transfer that includes a transaction amount and an indication that the QR code is a static QR code or a dynamic QR code.
13. (New) The non-transitory computer-readable medium of claim 9, wherein the operations further comprise: receiving an amount of money specified by the second entity; and transmitting, to the server system, a confirmation indicating that the computing device received the money.
14. (New) The non-transitory computer-readable medium of claim 13, wherein the device corresponding to the second entity receives a success message from the server system indicating the data transfer is complete based on the confirmation.
15. (New) The non-transitory computer-readable medium of claim 9, wherein the first entity is a user and the second, different entity is a merchant.
16. (New) A apparatus comprising: a processor; and a non-transitory computer-readable medium having stored thereon instructions that are executable by the processor to cause the apparatus to perform operations comprising: transmitting, to a server system via a quick response (QR) code, a request to initiate an electronic transaction between a first user of the apparatus and a second, different user; receiving, from the server system, a request for location information of the apparatus; transmitting, to the server system, a geographic location of the apparatus, wherein the geographic location of the apparatus are usable by the server system to determine a network infrastructure of a network in which the electronic transaction will occur, and wherein the determined network infrastructure is usable by the server system to select a first QR code processing from a plurality of available QR code processing flows for processing the electronic transaction; and receiving, from the server system, information indicating that the electronic transaction has been processed by the server system using the selected first QR code processing flow in response to the server system verifying the QR code transmitted by the apparatus based on an identifier of the first user included in the QR code.
17. (New) The apparatus of claim 16, wherein the server system verifies the first user based on the identifier of the first user, wherein the server system further processes the electronic transaction based on verifying the first user.
18. (New) The apparatus of claim 16, wherein the verifying the first user is further based on verifying the geographic location of the apparatus.
19. (New) The apparatus of claim 16, wherein the server system selects the first QR code processing flow for processing the electronic transaction based on first set of characteristics associated with the electronic transaction that includes a transaction amount and an indication that the QR code is a static QR code or a dynamic QR code.
20. (New) The apparatus of claim 16, wherein the instructions are further executable by the processor to cause the apparatus to perform operations comprising: receiving an amount of money specified by the second user; and transmitting, to the server system, a confirmation indicating that the apparatus received the money
21. (New) The apparatus of claim 20, wherein the device of the second user receives a success message from the server system indicating the electronic transaction is complete based on the confirmation.
2. (Currently Amended) A method, comprising: receiving a quick response (QR) code from a computing device, wherein the QR code includes a QR code identifier, and wherein the QR code corresponds to a request to initiate an electronic transaction between a first entity and a second entity; determining a first set of characteristics associated with the electronic transaction and a second set of characteristics corresponding to the computing device, wherein determining the second set of characteristics includes: determining a geolocation of the computing device; transmitting, to the computing device, a network testing communication; and determining, based on a response to the network testing communication, properties of a network infrastructure in which the electronic transaction will occur; identifying a first QR code processing flow from a plurality of QR code processing flows for the electronic transaction based on the first set of characteristics and the second set of characteristics; verifying the QR code, wherein verifying the QR code includes determining, based on [[an]] a first entity identifier included in the QR code identifier of the QR code, whether the identified first QR code processing flow is consistent with a QR code processing flow selected by the first entity prior to the request to initiate the electronic transaction being submitted; Andin response to verifying the QR code, processing the electronic transaction between the first entity and the second entity based on the first QR code processing flow.
3. (Previously Presented) The method of claim 2, further comprising: verifying the first entity based on the first entity identifier, wherein processing the electronic transaction is further performed based on verifying the first entity.
4. (Previously Presented) The method of claim 3, wherein the verifying the first entity is further based on verifying a location of the computing device.
5. (Previously Presented) The method of claim 2, wherein the first set of characteristics associated with the electronic transaction includes a transaction amount, an indication that the QR code processing flow selected for the electronic transaction utilizes pairing, and an indication of which of the first entity and the second entity will approve the electronic transaction, and wherein determining the first set of characteristics associated with the electronic transaction includes determining whether the QR code is a static QR code or a dynamic QR code.
6. (Previously Presented) The method of claim 2, wherein the first entity is a merchant and the second entity is a user conducting electronic interactions with the merchant.
7. (Previously Presented) The method of claim 2, wherein processing the electronic transaction between the first entity and the second entity includes: sending an amount of money specified by the second entity to the first entity; and receiving confirmation from the first entity indicating that the first entity received the money, Andin response to receiving the confirmation from the first entity, sending a success message to the second entity indicating that the electronic transaction is complete.
8. (Currently Amended) A non-transitory computer-readable medium storing instructions which, in response to being executed, cause a machine to perform or control performance of one or more operations, the operations comprising: receiving a quick response (QR) code from a computing device, wherein the QR code includes a request to initiate an electronic transaction between a first entity and a second entity, and wherein the QR code includes a QR code identifier; determining a first set of characteristics associated with the electronic transaction; determining a second set of characteristics corresponding to the computing device, wherein determining the second set of characteristics includes: determining a geolocation of the computing device; transmitting, to the computing device, a network testing communication; and determining, based on a response to the network testing communication, properties of a network infrastructure in which the electronic transaction will occur; identifying a first QR code processing flow from a plurality of QR code processing flows for the electronic transaction based on the first set of characteristics and the second set of characteristics; verifying that the QR code is valid, wherein verifying the QR code includes determining, based on [[an]] a first entity identifier included in the QR code identifier of the QR code, whether the identified first QR code processing flow is consistent with a QR code processing flow selected by the first entity prior to the request to initiate the electronic transaction being submitted; Andin response to verifying that the QR code is valid, processing the electronic transaction between the first entity and the second entity according to the first QR code processing flow.
9. (Previously Presented) The non-transitory computer-readable medium of claim 8, wherein the first entity is a mobile merchant and the second entity is a consumer.
10. (Previously Presented) The non-transitory computer-readable medium of claim 9, wherein processing the electronic transaction is further performed in response to verifying the first entity based on the first entity identifier, and wherein the first set of characteristics associated with the electronic transaction includes a transaction amount.
11. (Previously Presented) The non-transitory computer-readable medium of The non-transitory computer-readable medium of wherein the verifying the first entity is further based on verifying the geolocation of the computing device included in the second set of characteristics.
12. (Previously Presented) The non-transitory computer-readable medium of claim 8, wherein determining the first set of characteristics associated with the electronic transaction includes determining whether the QR code is a static QR code or a dynamic QR code.
13. (Previously Presented) The non-transitory computer-readable medium of claim 8, wherein processing the electronic transaction between the first entity and the second entity includes: sending an amount of money specified by the second entity to the first entity; and receiving confirmation from the first entity indicating that the first entity received the money.
14. (Previously Presented) The non-transitory computer-readable medium of The non-transitory computer-readable medium of wherein processing the electronic transaction between the first entity and the second entity includes: in response to receiving the confirmation from the first entity, sending a success message to the second entity indicating that the electronic transaction is complete.
15. (Currently Amended) A system, comprising: one or more processors; anode or more non-transitory computer-readable media storing instructions which, in response to being executed by the one or more processors, cause the system to perform or control performance of one or more operations, the operations comprising: receiving a quick response (QR) code from a user computing device, wherein the QR code includes a QR code identifier, and wherein the QR code received from the user computing device is generated by the user computing device; analyzing the QR code to determine that the QR code corresponds to a request to initiate an electronic transaction between a first entity and a second entity; determining a first set of characteristics associated with the electronic transaction; determining a second set of characteristics corresponding to the user computing device, wherein determining the second set of characteristics includes: determining a geolocation of the user computing device; transmitting, to the user computing device, a network testing communication; and determining, based on a response to the network testing communication, properties of a network infrastructure in which the electronic transaction will occur; identifying a first QR code processing flow from a plurality of QR code processing flows for the electronic transaction based on the first set of characteristics and the second set of characteristics; verifying the QR code, wherein verifying the QR code includes determining, based on an first entity identifier included in the QR code identifier of the QR code, whether the identified first QR code processing flow is consistent with a QR code processing flow selected by the first entity prior to the request to initiate the electronic transaction being submitted; and in response to verifying that the QR code is valid, processing the electronic transaction between the first entity and the second entity according to the first QR code processing flow.
16. (Previously Presented) The system of claim 15,wherein the first entity is a user and the second entity is a merchant corresponding to a brick-and-mortar store.
17. (Previously Presented) The system of claim 16, wherein the first set of characteristics associated with the electronic transaction includes a transaction amount.
18. (Previously Presented) The system of claim 16, wherein the verifying the first entity is further based on verifying the geolocation of the user computing device included in the second set of characteristics.
19. (Previously Presented) The system of claim 15, wherein processing the electronic transaction between the first entity and the second entity includes: sending an amount of money specified by the second entity to the first entity; receiving confirmation from the first entity indicating that the first entity received the money; and in response to receiving the confirmation from the first entity, sending a success message to the second entity indicating that the electronic transaction is complete.
20. (Previously Presented) The system of claim 15, wherein the determining the first set of characteristics associated with the electronic transaction includes determining that the QR code is a dynamic QR code that is unique to the electronic transaction.
21. (Previously Presented) The system of claim 15, wherein processing the electronic transaction is further performed in response to verifying the first entity based on the first entity identifier.
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 2-21 are directed to a system, a method, or product which are one of the statutory categories of invention. (Step 1: YES).
Claims 2-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional computer elements, which are recited at a high level of generality, provide generic computer functions that do not add meaningful limits to practicing the abstract idea.
Claims 2, 9 and 16 are grouped together, Claim 2, for instance , recite in part, A method, comprising: transmitting, by a first user device to a server system, a request to initiate an electronic transaction between the first user device corresponding to a first user and a second user device corresponding to a second, different user, wherein the transmitting is executed via a quick response (QR) code that includes an identifier of the first user; receiving, by the first user device from the server system, a network testing communication; transmitting, by the first user device to the server system, a response to the network testing communication, including a geolocation of the first user device, wherein the response and geolocation of the first user device are usable by the server system to determine properties of a network infrastructure in which the electronic transaction will occur, and wherein the properties of the network infrastructure are usable by the server system to select a first QR code processing from a plurality of available QR code processing flows for processing the electronic transaction; and receiving, by the first user device from the server system, information indicating that the electronic transaction between the first user device and the second user device has been processed by the server system using the selected first QR code processing flow, wherein the information is received based on the server system verifying the QR code using the identifier of the first user. The limitations are directed to performing transactions (commercial interactions). Hence, they fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas.
This judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements such as a user device, second user device, a server, a network testing communication, a network infrastructure, a server system, a QR code and other generic computer components to perform receiving, authenticating, translating, and transmitting. The generic computer components are recited at a high-level of generality (receiving, transmitting) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Hence, the claim is directed to an abstract idea
Next the claim as a whole is analyzed to determine whether any element, or combination of elements, is sufficient to ensure the claim amounts to significantly more than an abstract idea. Claims 2, 9, 16 do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of at least a computing device to perform receiving, adding and communicating data are merely additional elements performing the abstract idea on a generic device i.e., abstract idea and apply it. See MPEP 2106.05(f). There is no improvement to computer technology or computer functionality MPEP 2106.05(a) nor a particular machine MPEP 2106.05(b) nor a particular transformation MPEP 2106.05(c). Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) see MPEP 2106.05(d). Furthermore, the limitations are not indicative of integration into a practical application because they are merely adding the words “apply it” to a judicial exception on a generic computing device. See MPEP 2106.05(f). Given the above reasons, a generic processing device associated with determining risky transaction within a set of transactions is not an Inventive Concept. Thus, the claim is not patent eligible.
The dependent claims have been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The Dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because for the same reasoning as above and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional limitations of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea.
Claims 3, 10 and 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) verifying the first user based on the identifier of the first user. This judicial exception is not integrated into a practical application because the limitations are adding 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 - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (such as a user device, a network system, a server system, QR code) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding 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 - see MPEP 2106.05(f).
Claims 4, 11 and 18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) verifying the user’s geolocation. This judicial exception is not integrated into a practical application because the limitations are Adding 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 - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (a user device, a network system, a server system, QR code) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding 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 - see MPEP 2106.05(f).
Claims 5, 12 and 19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) selecting the first QR code processing flow for processing the electronic transaction based on first set of characteristics associated with the electronic transaction. This judicial exception is not integrated into a practical application because the limitations are Adding 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 - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (a user device, a network system, a server system, QR code) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding 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 - see MPEP 2106.05(f).
Claims 6, 13 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) receiving an amount of money specified by the second user. This judicial exception is not integrated into a practical application because the limitations are Adding 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 - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (a user device, a network system, a server system, QR code) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding 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 - see MPEP 2106.05(f).
Claims 7, 14 and 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) receiving a success message. This judicial exception is not integrated into a practical application because the limitations are Adding 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 - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (a user device, a network system, a server system, QR code) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding 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 - see MPEP 2106.05(f).
Claim 8 is rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) electronic transaction is a person-to-person transaction. This judicial exception is not integrated into a practical application because the limitations are Adding 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 - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (a user device, a network system, a server system, QR code) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding 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 - see MPEP 2106.05(f).
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) entity is a merchant. This judicial exception is not integrated into a practical application because the limitations are Adding 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 - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (a user device, a network system, a server system, QR code) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding 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 - see MPEP 2106.05(f).
Therefore, Claims 2-21 are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-7, 9-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar (US 9904934 B1) in view of Ray (US 20180225656 A1) in further view of Lamfalusi, (US 9,256,769 B1).
Claims 2, 9 and 16 are grouped together. Claim 2, is disclosed, for instance: Kumar teaches: A method, comprising: transmitting, by a first user device to a server system, a request to initiate an electronic transaction between the first user device corresponding to a first user and a second user device corresponding to a second, different user (Kumar, Fig. 1 & Col. 2: ln 28-40) Interpretation: payment is initiated from user (“user 104”) to entity (“108”). User associates with second entity and entity 108 is a first entity, wherein the transmitting is executed via a quick response (QR) code that includes an identifier of the first user (Col. 2 ln 66 – Col. 3 ln 8, “. In various embodiments, the code 112 may be a scannable code that can be read by an optical scanner, a camera, or other type of reader device. For example, the scannable code may be a bar code, a QR code, or another type of scannable code. The code 112 may also be an NFC code or another type of code that limits acquisition (reading) of the code to a device within a close-proximity to a source of the code and enables a relatively secure transmission. In some embodiments, the code 112 may be inputted manually by the user 104 or another person (e.g., cashier, etc.).” & Col. 3 ln 27-30 “ For example, the user 104 may desire to transmit a payment, a loyalty card identifier, and other possible information (e.g., a contact number, an address, etc.) to the entity 108 via the host 102. “) The identifier of a user could be a contact number or address which is included in the QR code;
transmitting, by the first user device to the server system, a response to the network testing communication, including a geolocation of the first user device (Col. 6 ln 3-12 “After the secure authorization request is received by the payment processor, the secure authorization request is processed to determine if the corresponding financial transaction should be permitted. Processing of the secure authorization request can be performed in different ways. In some implementations, the GPS location of the mobile card reader may be used to verify the secure authorization request, for example by comparing the GPS location with a known location/position of the merchant”), wherein the response and geolocation of the first user device are usable by the server system to determine properties of a network infrastructure in which the electronic transaction will occur (Col. 6 ln 37-44,“In another aspect, the subject technology includes steps for activating a mobile card reader device, e.g., by a merchant that wishes to use the device to accept payment cards. In some implementations, the subject technology provides convenient means of activating a mobile card reader by swiping a payment card of the merchant to associate the mobile card reader with the merchant and/or a payment account already associated with the merchant.”) mobile card reader could be a property of the network infrastructure ,
Kumar does not teach the following; however, Ray teaches:
and wherein the properties of the network infrastructure are usable by the server system to select a first QR code processing from a plurality of available QR code processing flows for processing the electronic transaction (Ray, see at least par. [0037] “ Some of the data elements are used to control the transaction card application process. For example, the data element “Spec version number” allows each particular QR code specification to be given a serial identifier so that updates to the specification will be recognized by the transaction card application process. The data element “QR Type” can be used to define a static or dynamic QR code”) The QR code could be selected based on the version number based on the code specification; or, under BRI, the code is selected from a plurality of potential codes;
and receiving, by the first user device from the server system, information indicating that the electronic transaction between the first user device and the second user device has been processed by the server system using the selected first QR code processing flow(Ray [0037] Interpretation: “spec version number” allows each particular QR code spec to be given a serial number so that updates to the specification will be recognized by the transaction card application. These are associated with first set of characteristics. Second set of characteristics could be “issue name, card name, card benefits, etc.), wherein the information is received based on the server system verifying the QR code using the identifier of the first user(Ray, [0037] and [0025] & [0026]) Interpretation: data element “QR type” can be used to define a static or dynamic QR code, and other possible distinctions in future versions. These data elements are used to verify QR code including the consumer identity and credit worthiness data. Furthermore, the QR code is determined for approval and such process is similar to determining the consistency of QR code.
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of selecting QR code to process the payment as disclosed by Ray with the invention as taught by Kumar to better apply the QR code in payment transaction (abstract). Therefore, the combination is obvious.
Kumar in view of Ray does not disclose the following; however, Lamfalusi teaches:
receiving, by the first user device from the server system, a network testing communication(Lamfalusi, (US 9,256,769 B1), Col. 4 ln 34-41) The network testing includes the available bandwidth and channel signal strength;
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of receiving a network testing communication as disclosed by Lamfalusi with the invention as taught by Kumar in view of Ray to better ensure the payment is authorized and encrypted (abstract). Therefore, the combination is obvious.
Claims 3, 10 and 17 are grouped together. Kumar in view of Ryan in further view of Lamfalusi teaches: The method of claim 2. However, Ray further teaches: wherein the server system verifies the first user based on the identifier of the first user, wherein the server system further processes the electronic transaction based on verifying the first user(Ray, [0037] and [0025]) Interpretation: data element “QR type” can be used to define a static or dynamic QR code, and other possible distinctions in future versions. These data elements are used to verify QR code.
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of verifying the users as disclosed by Ray with the invention as taught by Kumar in view of Ray in further view of Lamfalusi to better apply the QR code in payment transaction. Therefore, the combination is obvious.
Claims 4, 11 and 18 are grouped together. Kumar in view of Ryan in further view of Lamfalusi teaches: The method of claim 3. However, Lamfalusi teaches: wherein the verifying the first user is further based on verifying the geolocation of the first user device (Lamfalusi, (US 9,256,769 B1), Col. 6 ln 3-15) GPS location is one of the characteristics to be verified.
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of verifying the users based on the user location as disclosed by Lamfalusi with the invention as taught by Kumar in view of Ray in further view of Lamfalusi to better authorize the transaction. Therefore, the combination is obvious.
Claims 5, 12 and 19 are grouped together. Kumar in view of Ryan in further view of Lamfalusi teaches: The method of claim 2. However, Ray teaches: wherein the server system selects the first QR code processing flow for processing the electronic transaction based on first set of characteristics associated with the electronic transaction that includes a transaction amount(Ray, see at least par. [0019] “. . . The QR code may also provide information on the various benefits provided by the new transaction card, such as, for example, balance transfer offers, awards and bonus amounts of airline mileage points arising from the application for and use of the transaction card and various other consumer benefits . . .”) and an indication that the QR code is a static QR code or a dynamic QR code (Ray, [0037] and [0025]) Interpretation: data element “QR type” can be used to define a static or dynamic QR code, and other possible distinctions in future versions. These data elements are used to verify QR code.
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of selecting the QR code based on set of characteristics disclosed by Ray with the invention as taught by Kumar in view of Ray in further view of Lamfalusi to better apply the QR code in payment transaction. Therefore, the combination is obvious.
Claims 6, 13 and 20 are grouped together. Claim 6, for instance, is disclosed: Kumar in view of Ray in further view of Lamfalusi teaches: The method of claim 2. Furthermore, Kumar teaches: wherein processing the electronic transaction includes: receiving an amount of money specified by the second user; and transmitting, to the server system, a confirmation indicating that the first user device received the money (Kumar, Fig. 4, Col. 3 ln 12-22 & Col. 6 ln 23-29) payment includes an amount due by the user. The cited portion discloses sending payment from first user to second entity.
Claims 7, 14 and 21 are grouped together. Kumar in view of Ray in further view of Lamfalusi teaches: The method of claim 6. Furthermore, Kumar teaches: wherein the first user device receives a success message from the server system indicating the electronic transaction is complete based on the confirmation (Kumar, see Claim 18 “The system as recited in claim 13, wherein the second instructions further cause the host device to process a confirmation that the payment amount has been transferred from an account associated with the user to the account associated with the merchant device.”).
Claim 15. Kumar in view of Ray in further view of Lamfalusi teaches: The non-transitory computer-readable medium of claim 9. Furthermore, Kumar teaches: wherein the first entity is a user and the second, different entity is a merchant (Kumar, see Claim 10 “wherein the payment instruction provides a message to enable the computing device to provide an instruction to the host device to make an electronic payment to the merchant account.”).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kumar (US 9904934 B1) in view of Ray (US 20180225656 A1) in further view of Lamfalusi, (US 9,256,769 B1) in further view of Gantert (US 10,482,449 B1).
Claim 8. Kumar in view of Ray in further view of Lamfalusi teaches: The method of claim 2. However, Gantert teaches: wherein the electronic transaction is a person-to-person transaction (Gantert, US 10,482,449 B1) Col. 3 ln 56- Col. 4 ln 5 “FIG. 2 is a diagram showing a number of components of the P2P system 100 according to an exemplary embodiment of the invention. The P2P system 100 provides the sender 120 with a number of options for sending money to a recipient 130. As shown in FIG. 2, the P2P server 100 includes a send module 101 for enabling the sender 120 to send payments to a recipient 130. The sender (which may also be referred to as a payor) 120 can send money to the recipient (which may also be referred to as a payee) 130 by specifying near field communication (NFC), quick response (QR) code, an email address of the recipient, a mobile phone number of the recipient, or other communication method (e.g., Bluetooth Low Energy, biometric authentication, or via social networks such as Facebook). The send module 101 may comprise one or more software modules residing on the P2P server 100 that enable communication with the sender's personal computing device 122, for example.”).
It would be obvious to one of ordinary skill in the art before the effective filing date to combine the features of person to person transaction disclosed by Gantert with the invention as taught by Kumar in view of Ray in further view of Lamfalusi to better perform peer to peer transaction. Therefore, the combination is obvious.
Conclusion
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/TOAN DUC BUI/Examiner, Art Unit 3693
/CHO YIU KWONG/Primary Examiner, Art Unit 3693
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