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 .
DETAILED ACTION
Status of Claims
Claims 1-19, were originally filed.
Claims 20-39, are newly added.
Claims 1-19, are cancelled, therefore
Claims 20-39, are hereby examined.
Claim Rejections - 35 USC §102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless -
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 20-23, 25, 27-30, 32, 34-37 and 39 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Isaac Lagnado, (US 2015/0312879 A1).
Regarding claims 20, 27 and 34, Lagnado, teaches
determining, by an application executing on a processor of the electronic device, identifying information of the electronic device; determining, by the application, a location of a near-field communication (NFC) antenna within the electronic device based on the identifying information { see at least Fig. 5 item 500. ¶ 0017 “To transmit or receive data the NFC antenna 120 has to be in close proximity to the NFC antenna on another NFC device, therefore it may be important to know where the NFC antenna is located in the computing device…”, “¶ 0033-0034 “The location of the NFC antenna can be determined from the model number or the serial number of the computing device for example or the location may be determined from other identifying information of the computing device…”}.
generating, by the application, an indication corresponding to a read zone of the NFC antenna based on the location {see at least ¶ 0033 “The method of displaying a location of a near field communication NFC antenna on a display of a computing device can include retrieving, from a storage device, data indicating the location of an indication to be displayed on a display of a computing device at 505. At 510 it can be determined if the NFC antenna is expecting a data transfer. If it is determined that the NFC antenna is expecting a data transfer at 510 then it can be determined what NFC device that is expected to communicate with the NFC antenna at 513”}, and
providing, by the application, the indication to an output device of the electronic device {¶ 0035 “The indication of the location of the NFC antenna can be displayed on the display at 520. It can be determined if an NFC data transmission has occurred at 525. If an NFC data transmission has occurred then the indication can be removed from the display at 515. If the transmission has not occurred at 525 then the indication continues to be displayed at 520”}.
Regarding claim 21, Lagnado, teaches wherein the indication is one or more of a
display element, haptic output, and sound output {¶ 0028 “The display 305 may be a touch screen and senses the NFC device on the display 305. The computing device 300 may direct movement of the NFC device until the NFC antenna 320 and the NFC device can communicate. For example, the computing device 300 may indicate that the NFC device needs to be move to the left for example to be able to communicate with the NFC antenna. The detection of the NFC device may be by an optical touch screen detection which detects any object on the screen. The detection may also be by approximating the location of the NFC device…”, ¶ 0035 “The indication of the location of the NFC antenna can be displayed on the display at 520. It can be determined if an NFC data transmission has occurred at 525. If an NFC data transmission has occurred then the indication can be removed from the display at 515. If the transmission has not occurred at 525 then the indication continues to be displayed at 520”}.
Regarding claim 22, Lagnado, teaches wherein determining the location of the NFC antenna further comprises: identifying, by the application, the location of the NFC antenna based on a data file associated with the electronic device {see at least ¶¶ 0033- 0035}.
Regarding claim 23, Lagnado, teaches wherein providing the indication to an output device of the electronic device further comprises: providing, by the application, a visual indication to a display of the electronic device, wherein the visual indication indicates an extent of the read zone {see at least ¶ 0017 “To transmit or receive data the NFC antenna 120 has to be in close proximity to the NFC antenna on another NFC device, therefore it may be important to know where the NFC antenna is located in the computing device. Putting markings on the display such as etching the glass would impede the use of the display. Therefore, a controller (not shown in FIG. 1) in the computing device can cause a graphical indication 115 of the location of the NFC antenna to be displayed on the display 105. The indication 115 can be a graphical image. The indication 115 may be for example a square, rectangle, or another shape. The indication 115 may include text such as “NFC. “place phone here', or other text. The text may be dependent on the type of NFC device the NFC antenna 120 is expecting. The indication may be the outline of a shape or may be filled in”, and ¶ 0028}.
Regarding claims 25, 32 and 39, Lagnado, teaches detecting, by the application, a strength of signal or a change in strength of signal between the NFC antenna and the payment instrument; updating, by the application, the indication based on the detected strength of signal or change in strength of signal and based on a current location of the payment instrument relative to the read zone; and providing, by the application, the updated indication to the output device of the electronic device {see at least ¶¶ 0028, 0034 “…For example if the computing device includes a touch screen then the first use of the NFC antenna may determine the location of the highest signal strength of the NFC signal based on the location of the NFC device determined by the touch screen when the signal is the highest. The location of the highest signal strength can be used to as the location of the indication when the computing device is expecting an NFC communication [e.g., …from a payment instrument]. The location may also use internal sensor, for example there may be mounting locations on the display that include sensors to determine if the NFC antenna is attached” and ¶ 0035 “The indication of the location of the NFC antenna can be displayed on the display at 520…”}.
These limitations are an alternative limitation in a method claim and as such, prior art is not required to teach both a strength of signal and a change in strength of signal .
Regarding claims 28 and 35, Lagnado, teaches wherein the indication is one or more of a display element, haptic output, and sound output from the electronic device {see at least ¶ 0028 “The display 305 may be a touch screen and senses the NFC device on the display 305. The computing device 300 may direct movement of the NFC device until the NFC antenna 320 and the NFC device can communicate…”}.
Regarding claims 29 and 36, Lagnado, teaches wherein determining the location of the NFC antenna further comprises: identifying the location of the NFC antenna based on a data file downloaded to the electronic device {see at least ¶ 0028}.
Regarding claims 30 and 37, Lagnado, teaches wherein providing the indication to an output device of the electronic device further comprises: providing a visual indication to a display of the electronic device, wherein the visual indication indicates an extent of the read zone {see at least ¶ 0028}.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 3
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.
Claims 24, 26, 31, 33 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Isaac Lagnado, (US 2015/0312879 A1).in view of Scalisi et al., (US 20160044287 A1).
With respect to claims 24, 31 and 38, Although Lagnado, teaches a visual indication to a display of the electronic device, as disclosed in claim 23, above, see ¶ 0017 “…The indication 115 can be a graphical image. The indication 115 may be for example a square, rectangle, or another shape. The indication 115 may include text such as “NFC. “place phone here', or other text. The text may be dependent on the type of NFC device the NFC antenna 120 is expecting. The indication may be the outline of a shape or may be filled in”.
Lagnado, does not explicitly teach wherein the visual indication is a dashed line.
However, Scalisi disclose wherein the visual indication is a dashed line {see at least Fig. 4 and 5 ¶¶ 0090, 0121 “Some methods include displaying the first image 842 on the electronic display 242 of the remote computing device, and prompting a user of the remote computing device to select a first detection zone 846 within the first image 842. The first detection zone 846 can comprise a portion of the first image 842. The first image 842 can comprise all or a portion of the camera's field of view 840”}.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify Lagnado to include the elements of Scalisi. One would have been motivated to do so, in order to have a visual display interface of a dashed line. Furthermore, Lagnado discloses the indication may be for example a square, rectangle, or another shape. Scalisi is merely relied upon to illustrate the functionality of having a visual display interface indication of dashed line, in the same or similar context. Because both the indication may be for example a square, rectangle, or another shape, as well as having a visual display interface indication of dashed line are implemented through well-known computer technologies, combining their features as outlined above using such well-known computer technologies (i.e., conventional software/hardware configurations), would be reasonable, according to one of ordinary skill in the art. Moreover, since the elements disclosed by Lagnado, in view of Scalisi would function in the same manner in combination as they do in their separate embodiments, it would be reasonable to conclude that their resulting combination would be predictable. Accordingly, the claimed subject matter is obvious over Lagnado/Scalisi.
With respect to claims 26 and 33, recites “detecting, by the application, a change in a location of the payment instrument relative to the NFC antenna of the electronic device; and updating, by the application, the indication provided to the output device based on the detected change in location of the payment instrument relative to the NFC antenna of the electronic device, wherein updating the indication comprises one or more of: changing a pitch, volume, or frequency of sound emitted by the electronic device; changing a color, size, shape, or position of a display icon displayed by the electronic device; or generating or changing textual data displayed by the electronic device”
Lagnado teaches detecting, by the application, a change in a location of the payment instrument relative to the NFC antenna of the electronic device […] {see at least ¶ 0034 “…For example if the computing device includes a touch screen, then the first use of the NFC antenna may determine the location of the highest signal strength of the NFC signal based on the location of the NFC device determined by the touch screen when the signal is the highest. The location of the highest signal strength can be used to as the location of the indication when the computing device is expecting an NFC communication. The location may also use internal sensor, for example there may be mounting locations on the display that include sensors to determine if the NFC antenna is attached”}.
However, Lagnado does not explicitly teach “…wherein updating the indication comprises one or more of: changing a pitch, volume, or frequency of sound emitted by the electronic device; changing a color, size, shape, or position of a display icon displayed by the electronic device; or generating or changing textual data displayed by the electronic device”.
Nonetheless, Scalisi—which like the present invention is directed to indicating relative position of a detected object by a detecting antenna—teaches a sound indication as disclosed in Fig., 11 of Scalisi.
Scalisi discloses “… wherein updating the indication comprises one or more of: changing a pitch, volume, or frequency of sound emitted by the electronic device; changing a color, size, shape, or position of a display icon displayed by the electronic device; or generating or changing textual data displayed by the electronic device”. {see at least Fig., 11 item 1030 and 1032, ¶ 0095 “In some embodiments, the connectivity indicator 248 alerts the user of the computing device 204 by flashing, emitting a sound, displaying a message, and/or displaying a symbol”}.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify Lagnado to include the elements of Scalisi. One would have been motivated to do so, in order to have a visual display interface with a sound indication. Furthermore, Lagnado discloses the indication may be for example a square, rectangle, or another shape. Scalisi is merely relied upon to illustrate the functionality of having an audio display interface indication of a sound, in the same or similar context. Because both the indication may be for example a square, rectangle, or another shape, as well as having an audio display interface indication of a sound are implemented through well-known computer technologies, combining their features as outlined above using such well-known computer technologies (i.e., conventional software/hardware configurations), would be reasonable, according to one of ordinary skill in the art. Moreover, since the elements disclosed by Lagnado, in view of Scalisi would function in the same manner in combination as they do in their separate embodiments, it would be reasonable to conclude that their resulting combination would be predictable. Accordingly, the claimed subject matter is obvious over Lagnado/Scalisi.
Conclusion
The prior art made of record and not relied upon:
1) (US 20030014496 A1) – Spencer et al., Closed-loop Delivery System - relates to downloading of audio files through a computer network.
2) (US 20080154734 A1) – Fernandez et al., Contactless Payment Selection Criteria Based on Financial Account Status – relates to mobile stations and, more particularly, to mobile stations that may be used to make contactless payments at point-of-sale terminals.
3) (US 20030014496 A1) – Ayman Hammad., Apparatus Including Data Bearing Medium for Seasoning a Device Using Data Obtained from Multiple Transaction Environments – relates to systems, apparatuses and methods for enabling electronic payments and the processing of payment transaction data, and more specifically, to the seasoning of a device or account used in an electronic payment transaction using data obtained from multiple transaction environments.
4) (US Pat., 9582267 B2) – Aabye et al., Methods And Systems For Partial Personalization During Mobile Application Update – relates to a partial personalization process that allows for more efficient and effective personalization of a mobile application and/or other applications on a communication device after migration or updating versions of the mobile applications.
Additional prior art made of record and not relied upon are listed in form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT IDIAKE whose telephone number is (571)272-1284. The examiner can normally be reached on Mon-Fri from 10:30AM to 7:30PM ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PATRICK MCATEE, can be reached at telephone number 571-272-7575. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated-interview-request-air-form
/V.I./Examiner, Art Unit 3698
/PATRICK MCATEE/Supervisory Patent Examiner, Art Unit 3698