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
Claims 21-23, 25-31, 33-39 have been examined.
Response to Arguments
Applicant's arguments with respect to the claims have been considered but are moot in view of the new ground(s) of rejection. On 8/5/26, Applicant amended the independent claims. Applicant’s Remarks address these amended features. See the new 103 with citations and motivation that addresses these new features.
Also, the 101 is still found to apply. No new additional elements beyond the generic have been added. See the 101 below.
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.
Independent Claims 21, 29, 37 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims are in a statutory category of invention. However, the claims recite receive inputs comprising login data to access a unified account, the unified account comprising backend connections to a plurality of individual accounts; in response to authenticating the login data, trigger, retrieval of updated data associated with the plurality of individual accounts; capture geo-locating data; detect, using the geo-locating data, a merchant in proximity to the smartphone; automatically select based on the merchant in proximity and the updated data, one of a plurality of processing networks linked to the plurality of individual accounts; receive coded and/or encrypted numbers associated with the selected one of the plurality of processing networks, the coded and/or encrypted numbers representing relevant data for using one of the plurality of individual accounts; and provide, without further input from a user.
. This is considered in the Abstract Idea grouping of certain methods of organizing human activity - advertising, marketing or sales activities or behaviors. This judicial exception is not integrated into a practical application because the claim is directed to an abstract idea with additional generic computer elements. The additional elements are considered a smartphone comprising at least one processor and at least one non-transitory computer readable medium comprising instructions that, when executed by the at least one processor, are configured; via an API; and in response to the smartphone being placed in physical proximity with a terminal associated with the merchant, automatically transmit; transmit, without further input from a user, the coded and/or encrypted numbers to the terminal, the coded and/or encrypted numbers without transmitting uncoded or unencrypted data indicative of the selected one of the plurality of processing networks; wherein the smartphone does not store uncoded or unencrypted versions of the relevant data for using the one of the plurality of individual accounts, and wherein information for decoding the coded and/or encrypted numbers is used and controlled by the remotely-situated backend processing circuit. These are considered generic. The use of APIs, NFC, encryption, smartphone is considered generic. The use of encryption is considered generic as no technical details ore given and the feature is stated as a “not” feature without stating what it positively does. The generically recited computer elements do not add a practical application or meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional limitations only perform well-understood, routine, conventional computer functions as recognized by the court decisions listed in MPEP § 2106.05(d). Also, the additional hardware elements are: (i) mere instructions to implement the idea on a computer, and/or (ii) recitation of generic computer structure that serves to perform generic computer functions. Viewed separately or as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amounts to significantly more than the abstract idea itself. The claim does not provide significantly more than the identified abstract idea, in that there is no improvement to another technology or technical field, no improvement to the functioning of a computer, no application with, or by use of a particular machine, no transformation or reduction of a particular article to a different state or thing, no specific limitation other than what is well-understood, routing and conventional in the field, no unconventional step that confines the claim to a particular useful application, or meaningful limitations that amount to more than generally linking the use of the abstract idea to a particular technological environment. Therefore, the claims are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Dependent claims 22, 23, 25-28, 30, 31, 33-36, 38, 39 are not considered directed to any additional non-abstract claim elements. Rather, these claims offer further descriptive limitations of elements found in the independent claims and addressed above. While these descriptive elements may provide further helpful description for the claimed invention, these elements do not confer subject matter eligibility to the invention since their individual and combined significance is still not more than the abstract concepts identified in the claimed invention. Hence, these dependent claims are also rejected under 101.
Please see the 35 USC 101 section at the Examination Guidance and Training Materials page on the USPTO website.
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.
Claims 21-23, 26-31, 34-39 are rejected under 35 U.S.C. 103 as being unpatentable over Achhra (20160307196)
Claim 21, 29, 37. Achhra discloses a smartphone comprising at least one processor and at least one non-transitory computer readable medium comprising instructions that, when executed by the at least one processor, are configured to:
receive, at the smartphone ([84, 85]), inputs comprising login data ([23]) to access a unified account, the unified account comprising backend connections to a plurality of individual accounts ([70]);
in response to authenticating the login data, trigger, via an API (API at [89-92]), retrieval of updated data associated with the plurality of individual accounts (note periodically at [88-97]);
capture geo-locating data using the smartphone ([70], [88-90]);
detect, using the geo-locating data, a merchant in proximity to the smartphone ([89-92]]);
automatically select, via the smartphone based on the merchant in proximity to the smartphone and the updated data, one of a plurality of processing networks linked to the plurality of individual accounts ([88-97], note different processing networks like Visa and Chase [92, 98]);
receive, at the smartphone and from a remotely-situated backend processing circuit (see mobile device and sever at Fig. 1), coded and/or encrypted numbers associated with the selected one of the plurality of processing networks, the coded and/or encrypted numbers representing relevant data for using one of the plurality of individual accounts (see Acchra secure/encrypted processing at [122, 149] and interconnected processing communications at [105] and [5, 111, 120, 127] and note HARIRAMANI 20130024371 with communications/secure communications can use cryptography at [444, 450], and “Harir” is incorporated by reference in Acchra at [2] so part of the disclosure of Acchra).
Acchra does not explicitly disclose wherein the smartphone does not store uncoded or unencrypted versions of the relevant data for using the one of the plurality of individual accounts, and wherein information for decoding the coded and/or encrypted numbers is used and controlled by the remotely-situated backend processing circuit. However, Acchra discloses storing card data for transactions at the server [5, 24] and receiving from the mobile device identifying information for accessing detailed account information at the server ([36], “[0037] In FIG. 2, the mobile device communicates (63) mobile data (47) to the server (17), which stores (65), in the database (19), the mobile data (47) in the account controlled by the credential (45) on the server (17).”). And, Achhra further discloses that the account identification device has encryption for account information (“[0122] The account identification device (141) may include security features to prevent unauthorized uses of the consumer account (146), such as a logo to show the authenticity of the account identification device (141), encryption to protect the account information (142), etc.”; “[0149] In one embodiment, the information stored in the memory (167) of the account identification device (141) may … It contains the cardholder's account number, encrypted PIN, and other discretionary data.”). And, Achhra further discloses that the account identification device (141) can be the mobile device or at the mobile device (“[0114] In one embodiment, financial transactions are made via an account identification device (141), such as financial transaction cards (e.g., credit cards, debit cards, banking cards, etc.); the financial transaction cards may be embodied in various devices, such as plastic cards, chips, radio frequency identification (RFID) devices, mobile phones, personal digital assistants (PDAs), etc.; and the financial transaction cards may be represented by account identifiers (e.g., account numbers or aliases). In one embodiment, the financial transactions are made via directly using the account information (142), without physically presenting the account identification device (141).”; “[0118] … The account identification device (141) may optionally include a mobile phone having an integrated smartcard.”; “[0152] In one embodiment, the account identification device (141) is in the form of a mobile phone, personal digital assistant (PDA), etc.”). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Achhra’s encryption account information to Achhra’s account identification device with account information and Achhra’s account identification device as or at the mobile device such that the mobile device can store encrypted account information. One would have been motivated to do this in order to better protect sensitive information.
Achhra further discloses in response to the smartphone being placed in physical proximity with a terminal associated with the merchant, automatically transmit, without further input from a user of the smartphone ([70] and NFC at [54]), the coded and/or encrypted numbers to the terminal without transmitting uncoded or unencrypted data for using the one of the plurality of individual accounts (see Acchra “[0005] There are technologies for the authorization of a third party to access the account of a user on a server without exposing their password the third party.“ and Acchra secure/encrypted processing at [122, 149] and interconnected processing communications at [105] and [5, 111, 120, 127] and note HARIRAMANI with communications/secure communications can use cryptography at [444, 450], and “Harir” is incorporated by reference in Acchra at [2] so part of the disclosure of Acchra; note that at [70] the one smartphone accesses one of a plurality of accounts [70]).
Claim 22, 30, 38. Achhra further discloses the smartphone of claim 21, wherein authenticating the login data comprises executing a multi-step verification process including: validating login and password data against stored credential data associated with the user of the smartphone ([23]); receiving a code from the remotely-situated backend processing circuit; and transmitting, from the smartphone, a response comprising a variation of the code (see Harir and pass pseudo PAN and dynamic PAN at [91]).
Claim 23, 31, 39. Achhra further discloses the smartphone of claim 22, wherein the variation of the code is based on a parameter pre-selected by the user (see Harir and pass pseudo PAN and dynamic PAN at [91] and the PAN is based on user card priorities/selections/defaults [85, 89]), the parameter being stored by the remotely-situated backend processing circuit in a decoupled memory that is decoupled from a secure database by a firewall-secure gateway (see Bodington 20100211445 and firewalls at [31] and Bodington is incorporated by reference at Acchra [2] ).
Claim 26, 34. Achhra further discloses the smartphone of claim 21 further configured to capture biometric data comprising at least one of fingerprint data, voice data, and face-recognition data, wherein authenticating the login data comprises transmitting, from the smartphone to the remotely-situated backend processing circuit, the biometric data [23].
Claim 27, 35. Achhra further discloses the smartphone of claim 21, wherein detecting, using the geo-locating data, the merchant in proximity to the smartphone comprises determining that the smartphone is within a predetermined distance of the merchant (see geo features above, further see Harir with proximity, near [111, 160] and usage proximity [[503] and Rappoport 20140074575 with proximate merchant and distance/range [64, 68] which are incorporated by reference in Acchra at [2 and 108] respectively)
Claim 28, 36. Achhra further discloses the smartphone of claim 21, wherein automatically transmitting the coded and/or encrypted numbers to the terminal comprises the smartphone transmitting the coded and/or encrypted numbers wirelessly via a contactless in-person payment (see NFC at [54]), and wherein payment is effected by the remotely-situated backend processing circuit and an automated clearing house (ACH) without the smartphone disclosing actual data linked to any of the plurality of individual accounts (see Achhra [5] for not disclosing information, see Bodington 20100211445 and automated clearing house at [4, 85] and also [41] and Bodington is incorporated by reference at Acchra [2]).
Claims 25, 33 are rejected under 35 U.S.C. 103 as being unpatentable over Achhra (20160307196) in view of Abdou (20230401304).
Claim 25, 33. Achhra discloses logging in [23] and protecting user information [5] and secure/encrypted information [122, 149]. Achhra does not explicitly disclose the smartphone of claim 21 further configured to: automatically, in response to exceeding a threshold amount indicated in a user profile maintained by the remotely-situated backend processing circuit, receive, at the smartphone, a request to complete an n-factor authorization and confirmation procedure, wherein n is an integer of two or more; and execute the n-factor authorization and confirmation procedure via the smartphone. However, Abdou discloses that it is old and well known that you can track user login attempts and follow different factor or authentication factor protocols to confirm appropriate login [11]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Abdou’s factor authentication and login tracking to Achhra’s login and secure communications. One would have been motivated to do this in order to better secure user communications and information.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
a) Note Allowed CON parent 18199265, Note CON parent 19410879 under examination;
bb) Achhra 20160307196 incorporates by reference these applications: "20090112766" "20130024371" "20100211445" "20050071227" "20050071225" "20160192123" "20110302011" "20120109730" "20140074575" "20070055597" "20090048884" and 2005/0074126 which are assigned to Visa;
b) Mendelovich, Achhra disclose relevant universal card features.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/ARTHUR DURAN/Primary Examiner, Art Unit 3622 8/17/26
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