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 amendment and response filed on 11/10/2025, and the subsequent preliminary amendment filed on 01/30/2026.
Claims 2-21 have been added.
Claim 1 has been canceled.
Claims 2-21 are currently pending and have been examined.
Information Disclosure Statement
The Information Disclosure Statements filed 02/25/2026 and 06/23/2026 have been considered. Initialed copies of the Form 1449 are enclosed herewith.
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 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 2 (representative of claims 14 and 21):
The claim limitations are grouped as shown immediately following:
the data identifying a user of the mobile device; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
generate a first temporary code, the first temporary code including a first portion including numbers and/or letters and a second portion including unique information, wherein the first portion of the temporary code has a length that enables a predetermined number of unique first portions, and wherein the second portion of the first temporary code is configured to ensure that the first temporary code is unique within a group of temporary codes for a number of users that is greater than the predetermined number of unique first portions; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
transmit, via the packet switched network, the first temporary code to the mobile device; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
store the first temporary code in the database comprising a plurality of temporary codes, the database further storing information about the identified user associated with the first temporary code, the database being remote from both the mobile device and the point of sale system; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
receive, via the packet switched network, a second temporary code from the point of sale system; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
compare the second temporary code with the plurality of temporary codes stored in the database; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
upon identifying a match of the second temporary code and the first temporary code stored in the database, transmit, via the packet switched network, the information about the identified user to the point of sale system; (Certain Methods Of Organizing Human Activity - business relations or managing personal behavior or relationships or interactions between people including following rules or instructions)
upon failing to identify a match between the second temporary code and one of the plurality of temporary codes stored in the database, transmit, via the packet switched network, an error message to the point of sale system. (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 3-13 and 15-20 do not appear remedy the deficiency.
Step 2A (prong 2):
Claim 1 (representative of claims 14 and 21):
A system for…
…a first processor
…a packet switched network
…a wireless mobile electronic device,
A point of sale system…
…at least one point of sale terminal
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 2-7 and 11-21 are rejected under U.S.C. 103 as being unpatentable over Nathanel et al. (USPGP 2013/0232017 A1), hereinafter NATHANEL, in view of Jacobs et al. (USPGP 2014/0089073 A1), hereinafter JACOBS.
Claims 2, 14, 21:
NATHANEL as shown below discloses the following limitations:
A system for managing temporary codes, comprising: (see at least paragraph 0007)
a database; (see at least paragraph 0007)
a first processor configured to: (see at least Figure 1A as well as associated and related text)
receive, via a packet switched network, data from a wireless mobile electronic device, the data identifying a user of the mobile device; (see at least paragraph 0056)
generate a first temporary code, the first temporary code including a first portion including numbers and/or letters and a second portion including unique information, (see at least paragraph 0022)
wherein the first portion of the temporary code has a length that enables a predetermined number of unique first portions, (see at least paragraph 0022)
wherein the second portion of the first temporary code is configured to ensure that the first temporary code is unique within a group of temporary codes for a number of users that is greater than the predetermined number of unique first portions; (see at least paragraph 0022)
transmit, via the packet switched network, the first temporary code to the mobile device; (see at least Figure 2 as well as associated and related text)
NATHANEL does not specifically disclose the following limitations, but JACOBS as shown does:
store the first temporary code in the database comprising a plurality of temporary codes, the database further storing information about the identified user associated with the first temporary code, the database being remote from both the mobile device and the point of sale system; (see at least paragraph 0191)
receive, via the packet switched network, a second temporary code from the point of sale system; (see at least paragraph 0199)
compare the second temporary code with the plurality of temporary codes stored in the database; (see at least paragraph 0199)
upon identifying a match of the second temporary code and the first temporary code stored in the database, transmit, via the packet switched network, the information about the identified user to the point of sale system; (see at least paragraph 0199)
upon failing to identify a match between the second temporary code and one of the plurality of temporary codes stored in the database, transmit, via the packet switched network, an error message to the point of sale system. (see at least paragraph 0201)
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 NATHANEL with the technique of JACOBS because, “Portable computing devices (PCDs) are becoming necessities for people on personal and professional levels. These devices may include cellular telephones, portable digital assistants (PDAs), portable game consoles, palmtop computers, and other portable electronic devices. PCDs are often utilized to conduct financial transactions. For example, PCDs may be used to check bank account balances, transfer funds between bank accounts, and for paying bills. While PCDs are useful for these types of transactions, there is a growing opportunity in the art for utilizing PCDs in other types of transactions, such as those conventionally performed at a fuel dispensing station via an integrated display and point-of-sale system.” (JACOBS: paragraphs 0002-0003). 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, 15:
The combination of NATHANEL/JACOBS discloses the limitations as shown in the rejections above. NATHANEL further discloses the following limitations:
a memory storing a mobile application;
a second processor operatively connected and in data communication with the memory, the second processor configured to run the mobile application;
a wireless communications capability that is also operatively connected and in data communication with the second processor and the memory; and
a display configured to provide images.
See at least Figure 1A as well as associated and related text.
Claims 4, 16:
The combination of NATHANEL/JACOBS discloses the limitations as shown in the rejections above. NATHANEL further discloses the following limitations:
wherein the unique information is generated based on at least one of the following:
first unique information associated with the mobile device, geolocation information associated with the mobile device,
second unique information associated with a point of sale system, and
geolocation information associated with the point of sale system.
See at least paragraph 0021.
Claims 5, 17:
The combination of NATHANEL/JACOBS discloses the limitations as shown in the rejections above. NATHANEL further discloses the following limitations:
wherein the point of sale system comprises at least one point of sale terminal configured to:
execute application software, and
receive the second temporary code from the user of the mobile device.
See at least paragraph 0022.
Claims 6, 7, 18, 19:
The combination of NATHANEL/JACOBS discloses the limitations as shown in the rejections above. NATHANEL further discloses the following limitations:
wherein the first processor is further configured to:
maintain the database comprising:
the information about the identified user, including data identifying the user within a mobile loyalty and payment system, any temporary code associated with the user, the user's historic transaction information, and the user's rewards or coupons information;
receive, via the packet switched network, transaction information from the point of sale system for transactions conducted using the information about the identified user;
reward the user with rewards or coupons based on the transaction information;
transmit, via the packet switched network, the identified user's available rewards or coupons to the mobile device.
wherein the first processor is further configured to transmit, via the packet switched network, a confirmation to the mobile device based in part on the transaction information, the confirmation comprising information about the rewards or coupons the user earned based on the transaction information.
See at least paragraph 0031.
Claim 11:
The combination of NATHANEL/JACOBS discloses the limitations as shown in the rejections above. NATHANEL further discloses the following limitations:
wherein the first processor is further configured to:
receive, via the packet switched network, data from the mobile device relating to the mobile device's geographic location;
receive, via the packet switched network, data from the point of sale system relating to the point of sale system's geographic location,
wherein the first temporary code comprises a first code portion which is a code shorter in length than the length of the user's telephone number and a second code portion that is based on at least one or both of the data relating to the mobile device's geographic location and the data relating to the point of sale system's geographic location.
See at least paragraph 0021.
Claim 12:
The combination of NATHANEL/JACOBS discloses the limitations as shown in the rejections above. NATHANEL further discloses the following limitations:
wherein the first processor is further configured to:
maintain the database comprising the identified customer's historic transaction information; and
upon identifying a match of the first and second temporary codes, transmit, via the packet switched network instructions to adjust a current transaction between the identified customer and the point of sale system based on the historic transaction information.
See at least paragraph 0051.
Claim 13:
The combination of NATHANEL/JACOBS discloses the limitations as shown in the rejections above. NATHANEL further discloses the following limitations:
wherein the information about the identified user comprises information corresponding to the identified user's interactions with or modifications to an account associated with the identified user.
See at least paragraph 0051.
Claims 8-10 are rejected under U.S.C. 103 as being unpatentable over NATHANEL/JACOBS and further in view of Examiner’s OFFICIAL NOTICE.
Claims 8-10 :
The combination of NATHANEL/JACOBS discloses the limitations as shown in the rejections above. NATHANEL/JACOBS does not specifically disclose :
wherein the first temporary code is no longer useable after a period of time.
wherein the first temporary code is no longer useable after the user completes a transaction using the first temporary code.
wherein the first temporary code is shorter in length than the length of the user's telephone number.
However, the Examiner takes OFFICIAL NOTICE that it is old and well known in the coupon arts to have expiration dates and serial numbers. 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 NATHANEL/JACOBS with the technique of coupon parameters 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:
Ken DiPrima. “Sales Incentives: Just What The Doctor Ordered?” (Oct 30, 2014). Retrieved online 11/09/2023. http://www.gps-business.net/sales-incentives-just-what-the-doctor-ordered/
Relevancy: “Almost every sales organization in the country has, at one time, or another, used some form of sales incentives or awards program to stimulate a flat sales trend. Their use has become a staple in the arsenal of sales tools and is almost universally believed to be a sure fire solution to revitalizing a stagnant sales team.” (Introduction)
Foreign Art:
LI JUNYI et al. “ENCODING BEACON SIGNALS TO PROVIDE IDENTIFICATION IN PEER-TO-PEER COMMUNICATION.” (WO 2007/082252 A1)
Relevancy: “Systems and methodologies are described that facilitate encoding and/or decoding signals utilized to identify a wireless terminal during peer discovery interval(s). Substantially any type of function that constrains encoding and/or decoding within a peer-to-peer network may be utilized. For example, a reversible function may be employed that enables a receiving peer to discern an identifier of a transmitting peer over a series of peer discovery intervals. Pursuant to another example, an irreversible function may be utilized whereby a receiving peer may be unable to decipher the identifier of the transmitting peer from a received signal; however, expected signal formats of buddy peers may be compared to the received signal to determine a presence of one of the buddy peers in a vicinity.” (ABSTRACT)
KHAN M et al. “Method For Performing Secure Electronic Transactions E.g. Debit Transaction, Using Consumer Identity, Involves Sending Transaction Information To Point Of Interaction Distinct From Backend Server For Initiating Electronic Transaction.” (WO 2016/183508 A1)
Relevancy: “The method involves receiving user information (104) that identifies a user of a mobile device (106) distinct from a mobile backend server (102), where the user information includes payment information that is used to identify a payment instrument. The user information is used to determine transaction information (112) that is used to initiate electronic transaction, where the transaction information includes the user information. The transaction information is sent to a point of interaction (114) distinct from the mobile backend server for initiating the electronic transaction.” (ABSTRACT)
ZHANG, QING et al. “IDENTITY AUTHENTICATION METHOD AND APPARATUS.” (WO 2017/028522 A1)
Relevancy: “The present invention provides an identity authentication method and apparatus. At least one group of authentication data may be selected from an association table pre-stored in an electronic device, and an authentication result of user identity information is determined by performing matching between biological feature data obtained by a biological feature data obtaining apparatus and biological feature data in the selected authentication data, thereby completing the identity authentication. At least two groups of authentication data are recorded in the association table, and therefore, at least one group of authentication data can be optionally selected from the at least two groups of authentication data during identity authentication, so that biological feature data needed for each time of identity authentication may be different, thereby enhancing the security of the identity authentication, and further enhancing the security of the device.” (ABSTRACT)
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
571.272.6710 (Office)
571.273.6710 (Desktop Fax)
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