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 .
Status of Claims
This action is in reply to the communications filed on 09/18/2025.
Claims 1-6 are currently pending and have been examined.
This action is made Non-Final.
Examiner Request
The Applicant is requested to indicate where in the specification there is support for future claim amendments to avoid U.S.C 112(a) issues that can arise. The Examiner thanks the Applicant in advance.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09/18/2025 and 12/01/2025 were filed before the mailing date of a first Office Action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 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 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of acquiring user biometric and deposit amount information to authenticate payment requests and make payments; without significantly more.
Examiner has identified claim 1 as the claim that represents the claimed invention presented in independent claims 1, 5, and 6.
Claim 1 is directed to a device, which is one of the statutory categories of invention; Claim 5 is directed to a method, which is one of the statutory categories of invention; and Claim 6 is directed to a non-transitory computer-readable medium, which is one of the statutory categories of invention. (Step 1: YES).
Claim 1 is directed to an information processing device comprising: at least one memory storing instructions; and at least one processor configured to execute the instructions to: store first face feature information of a user acquired via an application installed in a user terminal and a payment balance calculated by adding a deposit amount in association with each other; acquire a payment request including second face feature information of the user and a payment amount; and perform payment in a case in which authentication based on the first face feature information and the second face feature information has succeeded and the payment balance obtained by subtracting the payment amount from the payment balance is not less than or equal to a predetermined amount. These series of steps describe the abstract idea of acquiring user biometric and deposit amount information to authenticate payment requests and make payments (with the exception of the italicized and bolded terms above), which is mitigating risk of making an unauthenticated payment by using biometric information that has been successfully used to authenticate the user; therefore, corresponding to a fundamental economic principle or practice (including mitigating risk). Hence, a fundamental economic principle or practice (mitigating risk) is a Certain Methods of Organizing Human Activity. The abstract idea is also the processing a requested payment using user biometric and deposit information, which is a commercial interaction. Therefore, a commercial interaction is also a Certain Methods of Organizing Human Activity. The system limitations, e.g., an authentication information management device, at least one memory, at least one processor, application, and user terminal do not necessarily restrict the claim from reciting an abstract idea. Thus, claim 1 recites an abstract idea (Step 2A-Prong 1: YES).
This judicial exception is not integrated into a practical application because the additional limitations of an authentication information management device, at least one memory, at least one processor, application, and user terminal, are no more than simply applying the abstract idea using generic computer elements. The additional elements listed above are all recited at a high level of generality and under their broadest reasonable interpretation comprises a generic computing arrangement. The presence of a generic computer arrangement is nothing more than to implement the claimed invention (MPEP 2106.05(f)). Therefore, the recitations of additional elements do not meaningfully apply the abstract idea and hence do not integrate the abstract idea into a practical application. Thus, claim 1 does not integrate the abstract idea into a practical application (Step 2A-Prong 2: NO).
Claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of an authentication information management device, at least one memory, at least one processor, application, and user terminal, are recited at a high level of generality in that it results in no more than simply applying the abstract idea using generic computer elements. The additional elements when considered separately and as an ordered combination do not amount to add significantly more as these limitations provide nothing more than to simply apply the exception in a generic computer environment (Step 2B: NO). Thus, claim 1 is not patent eligible.
Similar arguments can be extended to the other independent claims, claims 5 and 6 , and hence; claims 5 and 6 are rejected on similar grounds as claim 1.
Dependent claims 2-4 are directed to a device, which perform the steps that describe the abstract idea of acquiring user biometric and deposit amount information to authenticate payment requests and make payments, which is mitigating risk of making an unauthenticated payment by using biometric information that has been successfully used to authenticate the user; therefore, corresponding to a fundamental economic principle or practice (including mitigating risk). Hence, a fundamental economic principle or practice (mitigating risk) is a Certain Methods of Organizing Human Activity. The abstract idea is also the processing a requested payment using user biometric and deposit information, which is a commercial interaction. Therefore, a commercial interaction is also a Certain Methods of Organizing Human Activity. Thus, claims 2-4 recite an abstract idea. The additional limitations of an authentication information management device, at least one memory, at least one processor, application, and user terminal are no more than simply applying the abstract idea using generic computer elements. The presence of a generic computer arrangement is nothing more than to implement the claimed invention (MPEP 2106.05(f)). Therefore, the recitations of additional elements do not meaningfully apply the abstract idea and hence do not integrate the abstract idea into a practical application. Furthermore, the additional elements: an authentication information management device, at least one memory, at least one processor, application, and user terminal, do not amount to add significantly more as these limitations provide nothing more than to simply apply the exception in a generic computer environment.
Dependent claims 2-4 have further defined the abstract idea that is present in their respective independent claim: Claim 1, and thus correspond to Certain Methods of Organizing Human Activity, and hence are abstract in nature for the reason presented above. The dependent claims 2-4 do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Therefore, claims 2-4 are directed to an abstract idea without significantly more.
Thus, claims 1-6 are not patent-eligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Shiroura (U.S. Patent Application Publication No. US-2022/0148006-A1; hereinafter “Shiroura”), in view of Iwai (JP Patent Application Publication No. JP-2020080044-A; hereinafter “Iwai”).
Regarding Claims 1, 5, and 6:
Shiroura teaches:
An information processing device comprising: at least one memory storing instructions; and at least one processor configured to execute the instructions to: (Shiroura, A settlement system of the present disclosure comprises: a terminal apparatus that generates recognition information based on which an authorized person who has been authorized to utilize at least part of a predetermined account for non-cash settlement is recognized; an identification server apparatus that stores the recognition information transmitted from the terminal apparatus; and a settlement terminal that performs settlement when the authorized person purchases a commercial product by utilizing the account. (See, Abstract; Para. 15; Fig. 1));
store first face feature information of a user acquired via an application installed in a user terminal and [a payment balance calculated by adding a deposit amount in association with each other]; (Shiroura, means for registering an authorized person, it is possible to mention face image registration, voice registration, fingerprint registration, iris registration, or the like as biometric identification. Note that, although the example in which the parent can select a means for registering an authorized person from among a plurality of means has been indicated here, it may also be configured such that the registration of an authorized person is received only by any one method…. is assumed that face image registration has been selected by the parent. In this case, the parent captures a face image of the child by using a camera of the user terminal 100 or the like… When the registration of the face image of the child and the utilization conditions is completed in this way, the user terminal 100 in which the user-setting application operates generates recognition information and condition information, and transmits the recognition information and the condition information to the identification server 200 (corresponding to step S2 in FIG. 2). (See, Abstract; Para.107-112; Fig. 1, 2));
acquire a payment request including second face feature information of the user and a payment amount; and (Shiroura, The settlement terminal transmits an identification request comprising identification information to the identification server apparatus. The identification server apparatus performs identification of the authorized person by matching the recognition information with the identification information… settlement terminal settles payment for the commercial product by using the account…..the clerk operates the settlement terminal 300 to generate face image data of the second user.(See, Abstract; Para. 32-39,69-83); the parent captures a face image of the child by using a camera of the user terminal 100 ……The clerk then captures a face image of the child by using a camera of the settlement terminal 300…. (corresponding to step S4 in FIG. 2)…. Then, the clerk causes the settlement terminal 300 to acquire commercial product information on the commercial product that the child intends to purchase. The commercial product information comprises the commercial product name, manufacturer, JAN code, price, and the like of chewing gum.(See, 107-116; Fig. 1, 2));
perform payment in a case in which authentication based on the first face feature information and the second face feature information has succeeded and the payment balance obtained by subtracting the payment amount from the payment balance is not less than or equal to a predetermined amount. (Shiroura, the parent captures a face image of the child by using a camera of the user terminal 100 ……The clerk then captures a face image of the child by using a camera of the settlement terminal 300…. the identification server 200 matches the condition information associated with the extracted recognition information with the commercial product information and the store information, and determines whether the utilization conditions set in advance are satisfied. In a case where the utilization conditions set in advance are satisfied, the identification server 200 determines that identification is successful.(See, 107-121; Fig. 1, 4); A first example of the utilization conditions is a condition of an upper limit amount of settlement that can be performed at one time (hereinafter referred to as “upper limit amount (one time)”). For example, when the upper limit amount (one time) is set to 3,000 JPY, the second user can purchase a commercial product up to 3,000 JPY at one time by utilizing the settlement authority. (See, Para. 32-39,69-83); child intends to purchase chewing gum of 120 JPY at a supermarket in the town where the parent resides and the total amount of utilization is less than 3,000 JPY, all the utilization conditions set by the parent in this Operation Example 1 are satisfied. ….the identification server 200 determines that the identification is successful…. in a case where the child intends to purchase a book of 600 JPY, in a case where the total amount of purchase this time exceeds 3,000 JPY, in a case where the child intends to purchase a battery (or batteries) of 300 JPY….the identification server 200 determines that the identification is unsuccessful (See, Para. 123, 124)).
Shiroura does not specifically teach a payment balance calculated by adding a deposit amount in association with each other.
However, Iwai further teaches the following limitation:
a payment balance calculated by adding a deposit amount in association with each other. (Iwai, In the merchandise sales system, the face information acquisition unit may acquire face information of a person who enters a store in which the merchandise sales system is installed. . settlement using a value for electronic settlement such as electronic money is possible. In such an electronic payment, since the payment is completed by subtracting the payment amount from the balance and no change is generated….. if the balance of the electronic money is insufficient, the user is notified. In this notification, only the fact that the balance of the electronic money is insufficient may be notified, or a countermeasure against the insufficient balance may be presented. One or more of charging for adding electronic money, changing to another payment method, cancellation of a transaction itself for purchasing a product, cancellation of a part of products, and the like can be presented as measures against the balance shortage (See, Para. 9-13, 20-23, 30-35, 69, 94-101; Fig. 1; Abstract));
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to have modified Shiroura with the features of Iwai’s system because “it has been an important problem to avoid an increase in the required time due to a shortage of the balance and to improve the efficiency of the product sales in the product sales using the settlement by the advance payment. Such a problem is not limited to the prepaid amount, but occurs in the case of using a value for electronic settlement other than cash. For example, electronic money is a value for electronic settlement corresponding to a prepaid amount, but the same problem occurs in credit settlement and debit settlement.” “A first acquisition unit that is provided at a position different from a cash register counter and acquires amount information of an electronic payment value, a first price recognition unit that is provided at a position different from the cash register counter and recognizes a commodity price, and a first control unit that compares the amount of the electronic payment value acquired by the first acquisition unit with the commodity price recognized by the first price recognition unit… the first acquisition unit acquires the amount information of the value for electronic payment via biometric authentication… the biometric authentication may be face authentication, and the biometric authentication device may further include a face information acquisition unit that acquires information necessary for the face authentication.” ( Iwai, Para.6, 8, 10-11).
Regarding Claim 2:
Shiroura teaches:
wherein the at least one processor is further configured to execute the instructions to: display the payment balance after the payment on a request source of the payment request. (Shiroura, communication unit that transmits an identification request comprising the identification information to the identification server apparatus and receives result information comprising a result of identification of the authorized person…. a settlement unit that settles, in a case where the result information indicates that the identification of the authorized person is successful, payment for a commercial product, which the authorized person intends to purchase, by using the account. (See, Para. 14-19, 107-127; 181; Fig. 1-6); the settlement terminal 300 transmits settlement information comprising a result of the settlement processing to the user terminal 100 and the identification server 200. Thus, for example, the settlement information can be displayed at the user terminal 100, and the first user can confirm that the second user has been able to purchase the commercial product. Further, the identification server 200 stores the settlement information in association with the recognition information and the condition information. (See, Para. 37-43)).
Regarding Claim 3:
Shiroura teaches:
wherein the at least one processor is further configured to execute the instructions to: delete the first face feature information and the payment balance stored in association with each other in a case in which a predetermined period of time has elapsed since the first face feature information and the payment balance were stored. (Shiroura, the utilization conditions is a period during which the settlement authority can be utilized. For example, when the period is set to three days, the second user cannot purchase a commercial product by utilizing the settlement authority on or after the fourth day. The period is not limited to the number of days, and may be a time unit, a minute unit, a month unit, or a year unit. Alternatively, it may also be configured such that the settlement authority can be utilized only on a specific day (only the day, only January 1, or the like), or only for a specific time zone (only between 15 o'clock and 17 o'clock every day, or the like) in a case where only a period is set as a utilization condition, the identification server 200 may perform the identification based only on recognition information, identification information, and time-related information. (Note: it could be understood by a person having ordinary skill in the art that when the utilization conditions, such as the specified time period during which the settlement authority can be utilized, has ended the account the parent can delete the child’s face feature information and payment balances the same way the parent initially added the child’s facial recognition and payment balance to an account) (See, Abstract; Para. 32-39,69-83, 166, Fig. 1-4); parent intends to grant, as an allowance….that face image registration has been selected by the parent. In this case, the parent captures a face image of the child by using a camera of the user terminal 100….. parent is capable of granting part of the settlement authority of his/her own account to the child only by initially registering the child as an authorized person …. identification server 200 stores the received recognition information and condition information in association with each other….This means that part of the settlement authority of the account of the parent has been granted to the child. (See, Para. 102-112, 130-138)).
Regarding Claim 4:
Shiroura teaches:
wherein the at least one processor is further configured to execute the instructions to: acquire a processing request including third facial feature information from the user; (Shiroura, The settlement terminal transmits an identification request comprising identification information to the identification server apparatus. The identification server apparatus performs identification of the authorized person by matching the recognition information with the identification information… settlement terminal settles payment for the commercial product by using the account…..the clerk operates the settlement terminal 300 to generate face image data of the second user.(See, Abstract; Para. 32-39,69-83); the parent captures a face image of the child by using a camera of the user terminal 100 ……The clerk then captures a face image of the child by using a camera of the settlement terminal 300…. (corresponding to step S4 in FIG. 2)…. Then, the clerk causes the settlement terminal 300 to acquire commercial product information on the commercial product that the child intends to purchase. The commercial product information comprises the commercial product name, manufacturer, JAN code, price, and the like of chewing gum. (Note: it could be understood by a person having ordinary skill in the art that that third facial feature information is the second facial feature information)(See, 107-116; Fig. 1, 2));
perform a process according to the processing request on the first facial feature information or the payment balance in a case biometric authentication by collating the first face feature information and the third face feature information has succeeded. (Shiroura, the parent captures a face image of the child by using a camera of the user terminal 100 ……The clerk then captures a face image of the child by using a camera of the settlement terminal 300…. identification server 200 matches the condition information associated with the extracted recognition information with the commercial product information and the store information, and determines whether the utilization conditions set in advance are satisfied. In a case where the utilization conditions set in advance are satisfied, the identification server 200 determines that identification is successful.(See, 107-121; Fig. 1, 4); A first example of the utilization conditions is a condition of an upper limit amount of settlement that can be performed at one time (hereinafter referred to as “upper limit amount (one time)”). For example, when the upper limit amount (one time) is set to 3,000 JPY, the second user can purchase a commercial product up to 3,000 JPY at one time by utilizing the settlement authority. (See, Para. 32-39,69-83); child intends to purchase chewing gum of 120 JPY at a supermarket in the town where the parent resides and the total amount of utilization is less than 3,000 JPY, all the utilization conditions set by the parent in this Operation Example 1 are satisfied.…. identification server 200 determines that the identification is successful…. in a case where the child intends to purchase a book of 600 JPY, in a case where the total amount of purchase this time exceeds 3,000 JPY, in a case where the child intends to purchase a battery (or batteries) of 300 JPY….identification server 200 determines that the identification is unsuccessful (Note: it could be understood by a person having ordinary skill in the art that that third facial feature information is the second facial feature information)(See, Para. 123, 124)).
Note: The examiner would like to note that the including third facial feature information from the user is design choices and nonfunctional descriptive material; and therefore, would not be given patentable weight. It is a design choice to including third facial feature information from the user. (See, MPEP 2144.04(VI)). However, in order to promote compact prosecution the examiner has cited relevant prior art that teaches the third facial feature information from the user limitation. It is further noted that would be considered an aesthetic design choice, and is not grounds for patentability. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947) (The claims were directed to an advertising display device comprising a bottle and a hollow member In the shape of a human figure from the waist up which was adapted to fit over and cover the neck of the bottle, wherein the hollow’ member and the bottle together give the Impression of a human body. Appellant argued that certain limitations In the upper part of the body, Including the arrangement of the arms, were not taught by the prior art. The court found that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed Invention from the prior art.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are the following:
Dabrowski (U.S. Patent Application Publication No. US 2018/0158278-A1) “Method and apparatus for providing secure and anonymous cash-out and cash-in values in a gaming system”
Yamagishi (U.S. Patent Application Publication No. US 2003/0083125-A1) “Medal keeping and paying system”
Sinha (U.S. Patent Application Publication No. US 2020/0167622-A1) “Methods and systems for a combined transaction by an assignee on behalf of one or more users”
Shimizu (U.S. Patent No. US 11488167-B2) “Biometric authentication payment system, payment system, and cash register system”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED H MUSTAFA whose telephone number is (571)270-7978. The examiner can normally be reached M-F 8:00 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael W Anderson can be reached on 571-270-0508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED H MUSTAFA/Examiner, Art Unit 3693
/Mike Anderson/Supervisory Patent Examiner, Art Unit 3693
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