DETAILED ACTION
Acknowledgments
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in reply to the application filed on 07/15/2025, and the subsequent preliminary amendment filed on 07/31/2025.
Claims 1-7 and 9-20 are currently pending and have been examined.
Claim Objections
Claim 8 is missing.
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 1-7 and 9-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-patent eligible subject matter because the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea.
Step 1:
The claims recite a process, system, apparatus, article of manufacture, and/or a nontransitory storage medium with instructions, each of which are proper statutory categories.
Step 2A (prong 1):
Claim 1 (representative of claims 9 and 16):
The claim limitations are grouped as shown immediately following:
detect that a location of the client device is outside of a first territorial area for a first digital currency for a blockchain network; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
transmit an intent to execute a purchase in a second digital currency associated with a second territorial area to an authentication service based at least in part on the location of the client device; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
receive a software update for wallet functionality associated with the second digital currency for the second territorial area; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
update a client application to include the wallet functionality associated with the second digital currency for the second territorial area based at least in part on the software update. (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
Additional dependent claims 2-7, 10-15, and 17-20 do not appear remedy the deficiency.
Step 2A (prong 2):
Claim 1 (representative of claims 9 and 16):
…a system
…a client device comprising a processor and a memory; and
…machine-readable instructions stored in the memory that, when executed by the processor, cause the client device to at least:
…a non-transitory computer-readable medium
These remaining claim limitations are delineated as shown immediately preceding. The abstract idea is not integrated into a practical application. There are no improvements to the functioning of a computer, other technology or technical field, a particular machine is not cited, nothing is transformed to a different state or thing, the abstract idea is not more than a drafting effort designed to monopolize the abstract idea. The claim merely uses a computer as a tool to perform the abstract idea, which is generally linked to a particular field of use, in this case, marketing and advertising. Thus, these limitations are recited at a high-level of generality (i.e., as a generic processor and memory performing a generic computer function of processing and storing data) such that it amounts no more than mere instructions to apply the exception using a generic computer component – MPEP 2106.05(f). Further, receiving data, evaluating data and distributing data are data gathering and data outputting, which has no effect on technology and does no more than generally link the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h).
Step 2B:
The claim limitations do not provide an Inventive Concept. The claim limitations do not recite additional elements that amount to significantly more that the abstract idea because the additional elements of the system comprising a computer processor, computer readable storage medium with instructions, and a memory configured to store information, each recited at a high level of generality in a computer network which only perform the universal computer functions of accessing, receiving, storing, and processing data, transmitting and presenting information. Taking the elements both individually and as an ordered combination, the function performed by the computer at each step of the process is purely orthodox. Using a computer to obtain and display data are some of the most basic functions of a computer. As shown, the individual limitations claimed are some of the most rudimentary functions of a computer. The technical solution described in this invention does not alter hardware structure or its routine, does not transform the character of the information being processed, does not identify a novel source or type of data, does not advance the functionality of a computer as a tool, and does not incorporate specific rules enabling the computer to accomplish innovative utilities. In summary, the individual step and/or component does no more than require a general computer to perform standard computer functions. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of a computer devices amounts to no more than mere instructions to apply the exception using a generic computer component - requiring the use of software to tailor information and provide it to the user on a generic computer, Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1370-71, 115 USPQ2d 1636, 1642 (Fed. Cir. 2015);
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 of this title, 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 1-6, 9-14, and 16-20 are rejected under U.S.C. 103 as being unpatentable over Cadet (USPGP 2021/0233170 A1) hereinafter CADET, in view of Yan (USPGP 2022/0292496 A1), hereinafter YAN.
Claims 1, 9, 16:
CADET as shown below discloses the following limitations:
a client device comprising a processor and a memory; and(see at least Figures 3A, 3B as well as associated and related text)
machine-readable instructions stored in the memory that, when executed by the processor, cause the client device to at least: (see at least Figures 3A, 3B as well as associated and related text)
detect that a location of the client device is outside of a first territorial area for a first digital currency for a blockchain network; (see at least paragraphs 0004, 0012)
transmit an intent to execute a purchase in a second digital currency associated with a second territorial area to an authentication service based at least in part on the location of the client device; (see at least paragraphs 0005, 0006)
CADET does not specifically disclose the following limitations, but YAN as shown does:
receive a software update for wallet functionality associated with the second digital currency for the second territorial area; (see at least paragraphs 0036, 0068, 0069, claim 6)
update a client application to include the wallet functionality associated with the second digital currency for the second territorial area based at least in part on the software update.
In this case, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Consequently, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of CADET with the technique of YAN because, “…allowing domestic and/or global transactions to take place without the hassle, inconvenience, or computational burden of traditional currency exchange processes.” (YAN: paragraph 0003). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Fundamentally, in the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
Claims 2, 10, 17:
The combination of CADET/YAN discloses the limitations as shown in the rejections above. YAN further discloses the following limitations:
wherein the machine-readable instructions that update the client application further cause the client device to at least execute the software update to modify a user interface of the client application for interfacing with a point of sale terminal in the second territorial area.
See at least paragraphs 0061 and 0062. In this case, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Consequently, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of CADET with the technique of YAN because, “…allowing domestic and/or global transactions to take place without the hassle, inconvenience, or computational burden of traditional currency exchange processes.” (YAN: paragraph 0003). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Fundamentally, in the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
Claims 3, 11, 18:
The combination of CADET/YAN discloses the limitations as shown in the rejections above. CADET further discloses the following limitations:
wherein the machine-readable instructions that update the client application further cause the client device to at least execute the software update to provide the client application access to a contactless payment feature for the second territorial area.
See at least paragraph 0057.
Claims 4, 12, 19:
The combination of CADET/YAN discloses the limitations as shown in the rejections above. YAN further discloses the following limitations:
wherein the machine-readable instructions that update the client application further cause the client device to at least execute the software update to store a wallet address in a secure element of the client device, the wallet address being configured for making purchases in the second digital currency in the second territorial area.
See at least paragraph 0041. In this case, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Consequently, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of CADET with the technique of YAN because, “…allowing domestic and/or global transactions to take place without the hassle, inconvenience, or computational burden of traditional currency exchange processes.” (YAN: paragraph 0003). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Fundamentally, in the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
Claims 5, 6, 13, 14, 20:
The combination of CADET/YAN discloses the limitations as shown in the rejections above. YAN further discloses the following limitations:
wherein the client device comprises a location detection device, and the machine-readable instructions that detect that the location of the client device is outside of the first territorial area is based at least in part on location data provided by the location detection device of the client device.
wherein the machine-readable instructions stored in the memory that, when executed by the processor, cause the client device to at least:
display a user interface prompt that includes an instruction for interfacing with a point of sale terminal in the second territorial area in an instance in which the client application has executed the software update.
See at least paragraphs 0108-0112. In this case, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Consequently, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of CADET with the technique of YAN because, “…allowing domestic and/or global transactions to take place without the hassle, inconvenience, or computational burden of traditional currency exchange processes.” (YAN: paragraph 0003). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Fundamentally, in the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
Claim 7 and 15 are rejected under U.S.C. 103 as being unpatentable over CADET/YAN and further in view of Examiner’s OFFICIAL NOTICE.
Claims 7, 15 :
The combination of CADET/YAN discloses the limitations as shown in the rejections above. CADET/YAN does not specifically disclose:
wherein the machine-readable instructions stored in the memory that, when executed by the processor, cause the client device to at least:
display a user interface that includes a bar code for interfacing with a point of sale terminal based at least in part in part on the client application executing the software update.
However, the Examiner takes OFFICIAL NOTICE that it is old and well known in the e-commerce arts to utilize barcode functionality. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of CADET/YAN with the technique of using barcodes because there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Consequently, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
CONCLUSION
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Non-Patent Literature:
Bank for International Settlements. “Central bank digital currencies: system design and interoperability.” (September 2021). Retrieved online 11/20/2024. https://www.bis.org/publ/othp42_system_design.pdf
World Economic Forum. “4 key cybersecurity threats to new central bank digital currencies.” (Nov 20, 2021). Retrieved online 11/20/2024. https://www.weforum.org/stories/2021/11/4-key-threats-central-bank-digital-currencies/
Tarik Hansen et al. “Security Considerations for a Central Bank Digital Currency.” (February 03, 2022). Retrieved online 11/20/2024. https://www.federalreserve.gov/econres/notes/feds-notes/security-considerations-for-a-central-bank-digital-currency-20220203.html
Foreign Art:
JUNG GU TAE et al. “SYSTEM FOR TRANSACTION FEE PAYMENT BY PROXY OF TOKEN TRANSACTION USING SMART CONTRACT AND METHOD OF THE SAME.” (KR 102601381 B1)
Unknown. “METHOD AND SYSTEM FOR PAYMENT FOR CENTRAL BANK DIGITAL CURRENCY.” (KR 102671054 B1)
SO HONGSUP. “METHOD AND SYSTEM FOR PAYMENT FOR CENTRAL BANK DIGITAL CURRENCY.” (KR 2022/0041692 A)
Any inquiry of a general nature or relating to the status of this application or concerning this communication or earlier communications from the Examiner should be directed to James A. Reagan (james.reagan@uspto.gov) whose telephone number is 571.272.6710. The Examiner can normally be reached Monday through Friday from 9 AM to 5 PM. If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, John Hayes, can be reached at 571.272.6708.
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/JAMES A REAGAN/Primary Examiner, Art Unit 3697
james.reagan@uspto.gov
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