UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
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`P.0. Box 1450
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`Alexandria, Virginia 22313-1450
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`WWW.uspto.gov
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`APPLICATION NO. FILING DATE FIRST NAMED INVENTOR | ATTORNEY DOCKET NO. | CONFIRMATION NO.
`14/558,841 12/03/2014 Chol-Seo PARK 4500-1-340 9488
`33942 7590 04/04/2017
`. EXAMINER
`Cha & Reiter, LI.C |
`17 Arcadian Avenue BARTLEY, KENNETH
`Suite 208
`Paramus, NJ 07652 | ART UNIT | PAPER NUMBER
`3693
`| MAIL DATE | DELIVERY MODE
`04/04/2017 PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL-90A (Rev. 04/07)
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`Application No. Applicant(s)
`14/558,841 PARK ET AL.
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`Office Action Summary Examiner Art Unit ATA (First Inventor to File)
`KENNETH BARTLEY 3693 f(‘;tsus
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`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
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`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
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`after SIX (6) MONTHS from the mailing date of this communication.
`- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
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`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
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`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
`1) Responsive to communication(s) filed on 03/15/2017.
`[] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`2a)[ ] This action is FINAL. 2b)[X] This action is non-final.
`3)[] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`4)[] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 4563 O.G. 218.
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`Disposition of Claims*
`5)[X Claim(s) 1-28 is/are pending in the application.
`5a) Of the above claim(s) 7-14 and 21-28 is/are withdrawn from consideration.
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`8)[] Claim(s) is/are allowed.
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`7)X Claim(s) 1-6 and 15-20is/are rejected.
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`8)[] Claim(s) is/are objected to.
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`9] Claim(s) are subject to restriction and/or election requirement.
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`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`hitp//www. usplio.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHieedback@uspio.qov.
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`Application Papers
`10)[]] The specification is objected to by the Examiner.
`11)J The drawing(s) filed on is/are: a)[_] accepted or b)[] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`Priority under 35 U.S.C. § 119
`12)[X] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)J Al b)X] Some** ¢)[] None of the:
`1.X] Certified copies of the priority documents have been received.
`2.[] Certified copies of the priority documents have been received in Application No.
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) IZ Notice of References Cited (PTO-892) 3) |:| Interview Summary (PTO-413)
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`. . Paper No(s)/Mail Date. .
`2) & Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
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`Paper No(s)/Mail Date 12/03/2014. 4 Qother: __.
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`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13) Office Action Summary Part of Paper No./Mail Date 20170324
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`Continuation Sheet (PTOL-326) Application No.
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`No English translation has been provided to the Office to perfect the priority.
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`Application/Control Number: 14/558,841 Page 2
`Art Unit: 3693
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`DETAILED ACTION
`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AlA.
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`1. Claims 1-6 and 15-20 are pending and are provided to be examined upon their
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`merits.
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`Election/Restrictions
`2. Applicant's election with traverse of Subcombination | in the reply filed on March
`15, 2017 is acknowledged. The traversal is on the ground(s) that: 1) the groups fail to
`warrant separate examination and search as the claims are drawn to a payment
`operation that is fundamentally related to each other and therefore the search would be
`in the identical classes, thus resulting in duplicated search material. Also this would not
`be an undue burden to the Examiner.
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`This is not found persuasive because: 1) there can be no argument that the
`subcombinations are distinct with different scope that are non-obvious variants as this
`was shown in the claims themselves; and 2) there is a burden on searching for the
`different subcombinations. Both the method claims and the corresponding system
`claims are different. Searching for a payment server (Subcombination 1) is not the
`same as searching for an electronic device (Subcombination I). Also searching for the
`payment server and device is not the same as searching for a terminal server
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`(subcombination 1ll). The result would be three very different searches requiring
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`Application/Control Number: 14/558,841 Page 3
`Art Unit: 3693
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`different search strings and structure and different search areas (classes/subclasses).
`Electronic devices with payment cards could include mobile devices (with wallets). The
`server likely would not include mobile devices and payment cards that are selected on
`it. The server would involve computers or servers or mainframe computers performing
`non-device functions and interacting with various devices as a hub computer for
`example. The same is true with the terminal server apparatus which is performing
`different functions than the payment server and could be a point of sale device at a
`retailer.
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`The requirement is still deemed proper and is therefore made FINAL.
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`Priority
`3. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`To perfect the right of priority under AIA requires providing an English translation
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`(see 37 CFR 1.55, and MPEP §§ 215 and 216).
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`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.
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`4. Claims 1-6 and 15-20 are rejected under 35 U.S.C. 101 because the claimed
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`invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon,
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`Application/Control Number: 14/558,841 Page 4
`Art Unit: 3693
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`or an abstract idea) without significantly more. Claims 1-6 and 15-20 are directed to the
`abstract idea of approving payments by matching electronic device membership number
`with a swiped membership card identifier, as explained in detail below. The claims do
`not include additional elements that are sufficient to amount to significantly more than
`the judicial exception because the additional computer elements, which are recited at a
`high level of generality, provide conventional computer functions that do not add
`meaningful limits to practicing the abstract idea.
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`Claim 1 recites, in part, a method for performing the steps of: an electronic
`device displaying payment cards; detecting selection of at least one payment card;
`transmitting a membership number and a card identifier; and approving a payment
`based on matching the membership number with a swiped membership card at a
`payment terminal. These steps describe the concept of approving payments, which
`corresponds to concepts identified as abstract ideas by the courts, such as intermediate
`settlement in Alice, risk hedging in Bilski. All of these concepts relate to approval of
`payment involving payment cards which is an activity related to commerce and the
`economy and as claimed a fundamental economic practice. The concept described in
`claim 1 is not meaningfully different than those economic and commerce concepts
`found by the courts to be abstract ideas. As such, the description in claim 1 of
`approving payments by matching electronic device membership number with a swiped
`membership card identifier is an abstract idea. Claim 15 for similar reasons is also
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`abstract.
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`Application/Control Number: 14/558,841 Page 5
`Art Unit: 3693
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`In as much as the claims involve payments with membership numbers and cards
`the claim is also directed to a method of organizing human activity (Alice and Bilski).
`Payment using cards is a financial transaction and transactions involve interpersonal
`activities as do memberships, where interpersonal activity is considered abstract. Claim
`15 for similar reasons is also abstract.
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`The claims do not include additional elements that are sufficient to amount to
`significantly more than the judicial exception because the additional elements when
`considered both individually and as an ordered combination do not amount to
`significantly more than the abstract idea. The claims recite the additional limitations of:
`an electronic device; controller; payment server; payment terminal; a display module; a
`communication module; and a processor. The device, controller, server, terminal,
`modules and processor are recited at a high level of generality and are recited as
`performing generic computer functions routinely used in computer applications. Generic
`computer components recited as performing generic computer functions that are well-
`understood, routine and conventional activities amount to no more than implementing
`the abstract idea with a computerized system. The use of generic computer
`components to display, detect, transmit, and approve by matching does not impose any
`meaningful limit on the computer implementation of the abstract idea. Thus, taken
`alone, the additional elements do not amount to significantly more than the above-
`identified judicial exception (the abstract idea). Looking at the limitations as an ordered
`combination adds nothing that is not already present when looking at the elements
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`taken individually. There is no indication that the combination of elements improves the
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`Application/Control Number: 14/558,841 Page 6
`Art Unit: 3693
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`functioning of a computer or improves any other technology. Their collective functions
`merely provide conventional computer implementation.
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`Claim 2-6 and 16-20 are dependent on their respective claims 1 and 15 and
`include all the limitations of claims 1 and 15. Therefore, claims 1 and 15 recite the
`same abstract idea of approving payments by matching electronic device membership
`number with a swiped membership card identifier. The claims recite the additional
`limitations of: membership number and card identifier are stored in a UICC and an eSE;
`further execute a payment application and a first request identification and in response
`executing the application and display the payment cards; display an amount of a
`payment and discount, and receive confirmation payment is approved; payment
`terminal receives amount of payment to approve and second membership identifier;
`transmitting a second request identification and approve payment when the
`membership identifier matches the second identifier and the first identification matches
`the second identification. There limitations themselves are abstract but also just further
`limit the abstract idea itself. Generic computer implementation does not provide
`significantly more than the abstract idea. Looking at the limitations as an ordered
`combination adds nothing that is not already present when looking at the elements
`taken individually. There is no indication that the combination of elements improves the
`functioning of a computer or improves any other technology. Their collective functions
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`merely provide conventional computer implementation.
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`Application/Control Number: 14/558,841 Page 7
`Art Unit: 3693
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`Claims 1-6 and 15-20 are therefore not drawn to eligible subject matter as they are
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`directed to an abstract idea without significantly more.
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`Further support for the above rejection can be found in Applicant's disclosure:
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`Title of Applicant’s disclosure. ..
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`“Method for Payment Using Membership Card and Electronic Device Thereof.”
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`Therefore about payments using membership cards which is in the area of commerce
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`and the economy.
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`From Applicant’s specification...
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`“The present disclosure relates generally to a method for payment using a membership
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`card and an electronic device thereof.” (pg. 1, lines 13-14)
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`Therefore the general focus of the disclosure is about payment using a membership
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`card.
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`From Applicant’s specification regarding electronic device...
`“An electronic device according to the present disclosure may be a device including a
`communication function. For example, the electronic device may be one or more
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`combinations of various devices such as a smart phone. a tablet Personal Computer
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`(PC). a mobile phone, a video phone, an e-book reader, a desktop PC. a laptop PC. a
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`Application/Control Number: 14/558,841 Page 8
`Art Unit: 3693
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`netbook computer. a Personal Digital Assistant (PDA), a Portable Multimedia Player
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`(PMP), a MPEG-1 Audio Layer 3 (MP3) player, a mobile medical device, an electronic
`bracelet, an electronic necklace, an electronic appcessory, a camera, a wearable
`device, an electronic clock, a wrist watch, a smart white appliance (e.g., a refrigerator,
`an air conditioner, a cleaner, an artificial intelligent robot, a TeleVision (TV), a Digital
`Video Disk (DVD) player, an audio, an oven, a microwave oven, a washing machine, an
`air purifier, an electronic picture frame, etc.), various medical devices (e.g., Magnetic
`Resonance Angiography (MRA), Magnetic Resonance Imaging (MRI), Computed
`Tomography (CR), imaging equipment, ultrasonic instrument, etc.), a navigation device,
`a Global Positioning System (GPS) receiver, an Event Data Recorder (EDR), a Flight
`Data Recorder (FDR), a set-top box, a TV box (e.g., Samsung HomeSync.TM., Apple
`TV.TM., or Google TV.TM.), an electronic dictionary, a car infotainment device, an
`electronic equipment for ship (e.g., a vessel navigation device, a gyro compass, etc.),
`avionics, a security device, an electronic costume, an electronic key, a camcorder,
`game consoles, a Head-Mounted Display (HMD), a flat panel display device, an
`electronic album, a furniture or a part of building/constructions including a
`communication function, an electronic board, an electronic signature receiving device, a
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`projector, and the like. Itis apparent to those ordinarily skilled in the art that the
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`electronic device according to the present disclosure is not limited to the
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`aforementioned devices.” (pg. 5, lines 23-32 to pg. 6, lines 1-14)
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`Application/Control Number: 14/558,841 Page 9
`Art Unit: 3693
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`Therefore using existing technology to perform the payment functions which as claimed
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`is not enough to make the abstract claims statutory.
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`Claim Rejections - 35 USC § 112
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`The following is a quotation of 35 U.S.C. 112(b):
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`(b) CONCLUSION.—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
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`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
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`Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the
`subject matter which the inventor or a joint inventor, or for pre-AlA the applicant regards
`as the invention.
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`5. Claim 20 has “a second request identification...” where it is indefinite as to a
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`second request when there is no first request.
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`Examiner Request
`6. The Applicant is requested to indicate where in the specification there is support
`for amendments to claims should Applicant amend. The purpose of this is to reduce
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`potential 35 U.S.C. §112(a) or §112 1° paragraph issues that can arise when claims are
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`Application/Control Number: 14/558,841 Page 10
`Art Unit: 3693
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`amended without support in the specification. The Examiner thanks the Applicant in
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`advance.
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`Claim Rejections - 35 USC § 103
`In the event the determination of the status of the application as subject to AlA 35
`U.S.C. 102 and 103 (or as subject to pre-AlA 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
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`obviousness rejections set forth in this Office action:
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`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.
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`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:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`Application/Control Number: 14/558,841 Page 11
`Art Unit: 3693
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`7. Claims 1, 3, 5,6, 15, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being
`unpatentable over Pub. No. US 2014/0291391 to Kumar et al. in view of Pub. No. US
`2014/0244494 to Davis et al.
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`[Note that the analysis for the method claims (1-6) is the same or similar for the
`system claims (15-20)]
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`Hegarding claims Tand 15
`{claim 1} A method in an electronic device, the method comprising:
`displaying by a display a pluralily of payment cards;
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`Rumar et al. teaches:
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`Using mobile phones with virtual wallets. ..
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`“Iny point of sale {(POS) transactions, when a customer visiis a physical
`rmerchant and makes a purchase there {8.¢., at a relaill store}, i is Known o
`access a cusiomer’s virtual walle! held at 2 pavment service provider, and
`this has been made much simpler through the use of mobile phones. A
`payment then can be processed if the user knows a persongl identification
`number {(PIN} and uses his registered phone 1o authorize the payment.
`Howsver, in practice, reliance on a single PIN which is entered through &
`mobile suffers from sscurity issues.” [0022]
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`Electronic devices with displays...
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`“Additionally contemplated is a method where the POS terminal includes g
`unit with g display (a deskiop, tabletl or mobile phone) that genergles a
`scannable graphic code {such as a GR code) and communicales with the
`payment service provider. In this vein, the unit is accessible {o the
`customer so that he or he/she can sasily scan the QR code {or other
`scannable graphic codel).” [0028]
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`Exampile of presenting {(displaying) 2 membership card...
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`“Inn accordance with &t least one embadiment of the invention, in the
`present example, while making a purchase at the POS {202), the cusiomer
`200 presents his/her membership card for identification and indicates that
`he/she wishes 1o make a payment using the payment service 203 {(siep
`207y, The cashier swipses the customer's membership card and relrieves
`the customer 0.7
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`See Displaving below,
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`detecting by a controller selection of at least one of the plurality of payment cards; and
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`Application/Control Number: 14/558,841
`Art Unit: 3693
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`Page 12
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`“Broadly contemplaled hereln, in accordance with 2t least one embodiment
`of the invention, are methods and arrangements for mobile-assisied POS
`payment, where the cusiomer doss not have (o ivype a PIN {Le,, passcode or
`password) o suthorize the payment.” [B028]
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`See Detecling and Selection below,
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`fransmitling 1o & paymerd server g meambership numbser and a card identifier
`identifying the selected at least one of the plurality of payment cards,
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`Fig. 2, ref. 215 teaches iransmilting {o a payment service {203) CustiD
`{customer membership identifier) and PIN {card identifier}...
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`- o .
`4919800, | | g +0180_. 203 I
`D 2L | e PAYMENT
`2R SERVICE
`I, Conhirm
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`F1a
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`“Broadly contemplated herein, in accordance with at isast onge embodiment
`of the invention, are methods and arrangements for mobile-assisted POS
`payment, where the customer does not have {0 type a PIN {Le., passcode or
`password) 1o authorize the paymeni. Also contempiated in that connection
`is a method based on 2 customer scanning a UR code {or another
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`scannable graphic codel, which encodes cusiomer identity along with the
`payvment information.” [0028]
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`wherain the payment server approves a payment (o the selected al least one of the
`plurality of payment cards when the membership number malches a zecond
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`membership identifier received from a membership card that was swiped al a payment
`terminal.
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`Payment service sending success message (approval) of payment...
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`Application/Control Number: 14/558,841 Page 13
`Art Unit: 3693
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`“In accordance with at least one embodiment of the invention, the payment
`service sends (119) a success message containing the unique transaction
`ID to the merchant web application, confirming the payment. The merchant
`web application then presents (121) a success page to the customer’s
`computer.” [0034]
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`Membership card that is swiped at a card reader (payment terminal)...
`“The store 202 has a desktop. mobile phone or tablet acting as the POS
`terminal. The POS terminal is connected to the payment service through
`an application (e.g., mobile application) provided to merchants. The store
`desktop, mobile phone or tablet has a card reader attached to it through
`which membership cards of customers can be swiped.” [0038]
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`Mobile device with membership code that matches membership card...
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`“In accordance with at least one embodiment of the invention, in the
`present example, while making a purchase at the POS (202), the customer
`200 presents his/her membership card for identification and indicates that
`he/she wishes to make a payment using the payment service 203 (step
`207). The cashier swipes the customer's membership card and retrieves
`the customer ID. Steps 209-211 then proceed analogously with respect to
`FIG. 1; here, the customer uses his/her phone 201 to scan (211) the QR
`code 204 from a desktop., mobile phone or table of the merchant 202. The
`merchant 202 then receives (221) a success notification from the payment
`service 203, and the cashier at the merchant 202 informs the customer 202
`that the payment is successful. Here, the customer 200 may also get a text
`message at his/her phone 201 to confirm the payment.” [0039] Inherent
`with scanning a QR code with the customer ID swiped from the
`membership card is the code matching the membership card.
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`Another example of matches...
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`“The method according to claim 5, wherein said validating comprises
`matching the customer ID to a customer ID provided by the merchant.”
`(claim 7)
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`Fig. 2, ref. 202 and 209 and 219, 221 where successful notification is
`made...
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`Application/Control Number: 14/558,841 Page 14
`Art Unit: 3693
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`Vafidatiy Custin
`awsociatad wf cust, | Sty
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`203
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`FRYMENT
`SERVICE
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`MERCHANT &
`COMPUTER
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`Displaying Card
`While Kumar et al. teaches mobile devices and payment, he does not teach
`displaying a plurality of cards and selecting.
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`Davis et al. also in the business of mobile devcies teaches:
`Displaying a plurality of cards...
`“One such user interface is shown in FIG. 1. The depicted user
`interface shows graphical representations of plural different cards of
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`the sort typically carried in a user's wallet, e.g., credit cards,
`shopping lovalty cards, frequent flier membership cards, etc. ("wallet
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`cards"). The software enables the user to scroll through the
`collection of cards and select one or more for use in a payment
`transaction, using a fliptych arrangement. (Fliptych is the generic
`name for the style of interface popularized by Apple under the name
`"Cover Flow.") As earlier noted, it is advantageous for a shopper to
`be able to choose different of the displayed payment cards at
`different times, and not be virtually tied to a single payment service.”
`[0026]
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`It would have been obvious to one of ordinary skill in the art at the time of
`filing to include in the mobile payment method and system of Kumar et al.
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`Application/Control Number: 14/558,841 Page 15
`Art Unit: 3693
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`the ability to display cards as taught by Davis et al. since the claimed
`invention is merely a combination of old elements and in the combination
`each element merely would have performed the same function as it did
`separately, and one of ordinary skill in the art would have recognized that
`the results of the combination were predictable. Further motivation is
`provided by virtual wallet taught by Kumar et al. and the ability of wallets to
`hold more than one card. Kumar et al. benefits by displaying what is in
`their virtual wallet for determining an appropriate card to use from their
`available cards.
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`Detecting and Selection
`While the combined references teach displaying cards, they the not teach
`detecting selection of a payment card using a controller.
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`The combined references also in the business of cards teaches:
`Smartphone with processor (controller) for detecting touch and
`executing software...
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`“One particular method employs a user's portable device, such as a
`smartphone. As is familiar, such devices include a variety of
`components, e.g. a touch screen display, a processor, a memory,
`various sensor modules, etc.” [0025] Inherent with touchscreen is
`detecting by a controller a touch.
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`Selecting using software a card...
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`“One such user interface is shown in FIG. 1. The depicted user
`interface shows graphical representations of plural different cards of
`the sort typically carried in a user's wallet, e.g., credit cards,
`shopping loyalty cards, frequent flier membership cards, etc. ("wallet
`cards”). The software enables the user to scroll through the
`collection of cards and select one or more for use in a payment
`transaction, using a fliptych arrangement. (Fliptych is the generic
`name for the style of interface popularized by Apple under the name
`"Cover Flow.") As earlier noted, it is advantageous for a shopper to
`be able to choose different of the displayed payment cards at
`different times, and not be virtually tied to a single payment service.”
`[0026]
`
`It would have been obvious to one of ordinary skill in the art at the time of
`filing to include in the displaying cards method and system of the
`combined references the ability to select cards using a controller as taught
`by Davis et al. since the claimed invention is merely a combination of old
`elements and in the combination each element merely would have
`performed the same function as it did separately, and one of ordinary skill
`in the art would have recognized that the results of the combination were
`
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`Application/Control Number: 14/558,841 Page 16
`Art Unit: 3693
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`predictable. Further motivation is provided by virtual wallet taught by the
`combined references and the financial benefit of detecting and selection of
`a card using a mobile device that has the most financial benefit.
`
`Hegardingclaims 3and 17
`
`{claim 3} The method of claim 1, further comprizsing:
`
`raceiving an instruction o exaecute a payment application and a first request
`identification; and
`
`Kumar e al. teaches
`
`Dispiaved OR code {receiving an instruction) io execule payment
`application...
`
`“In accordance with at least one embodiment of the invention, the
`merchant’'s web application (102} then informs (109} the payment service
`103 of the purchase reguest. The message thereby sent to the payment
`servics 103 includes 2 unigue transaction 1D, the customer 1D and the price
`of ¥. The merchant web application (102} then generates a GR code 104
`encoding the deiails of the transaction, e.g.. product purchased, amouni,
`merchant nams, sic. The OF code 104 is displaved o the cusiomer at the
`customers computer {100}, and he/she is then requested o authorize the
`payment. To this end, the customer 100 scans {1111 the OR code using a
`scanner which is buill into & payment application {or app) on his/her mobile
`ghone 101, The application thereby decodes the OR code 104 and presents
`{113} the customer 100 with a confirmation pags 1o accept the payment
`reguest.” [0038]
`
`GR code includes identity. ..
`
`“Broadly contemplated hergin, in accordance with at least ons embodiment
`of the invention, are methods and arrangements for mobile-assisied POS
`payment, where the cusiomer doss not have 1o ivype a PIN {Le,, passcode or
`password) o suthorize the paymeni. Also contempiated in that connection
`is a method based on g customer seanning a GR code {or ancther
`scannable graphic codel. which encedes cusiomer identity slong with the
`pavment information.” [0028]
`
`in rasponse 1o the instruction, executing the payment application including the
`displaying by the display the plurality of payment cards.
`
`The combined references teach displaving & plurality of cards.
`
`Rogarding olaims S and 19
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`Application/Control Number: 14/558,841 Page 17
`Art Unit: 3693
`{claim 5} The method of claim 1, wherein the payment server raceives from the payment
`
`terminal an amount of the payment o be approved and the second
`membership identifier from the swiped membership card.
`
`Kumar el al. teaches:
`Fig. 2, ref. 209 shows paymeni service receiving CustiD (swipsd or second
`identifier) and price {Y) {whers the price is the amount}. ..
`
`VEIIMIENE b A Rs
`
`ansociated wi cust, R
`phote s 217 3
`ds‘&}-‘
`203
`
`FAYMENT
`
`Py
`L
`
`FHIVSICAL
`MERCHANT B
`COMPUTER
`
`Regarding claims € and 20
`
`{claim 8) The method of claim 3, further comprising transmitting o the payment terminal
`a second requast identification based on the recsived request identification,
`
`wherein the payment server approves the payment when the membership identifier
`matches the second mambership identifier and the first request identification malches
`the second identification.
`
`Kumar el al. teaches:
`
`Reader for swiping cards to the (transmitting) POS terminal...
`
`“The POS terminal is connected to the payment service through an
`application (e.g., mobile application) provided to merchants. The store
`desktop, mobile phone or tablet has a card reader attached to it through
`which membership cards of customers can be swiped.” [0038]
`
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`Application/Control Number: 14/558,841 Page 18
`Art Unit: 3693
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`8. Claims 2 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over
`the combined references in section (7) above in further view of Pub. No. US
`2011/0320345 to Taveau et al.
`
`Hegarding claims 2. and 186
`
`{claim 2} {Original) The method of olaim 1, wherein at least the membership number
`
`and the card identifier are stored in at lsast one of a Universal integrated Circuit Card
`{(UICC) and an embedded Secure Element {eSE).
`
`The combine references teach card. They do not feach UICC or e8E card.
`
`Tausau ot al. alse in the business of cards tsaches:
`Example of card accourt {identifier] and membership number. ..
`“if, as determined, at step 202, the current transaction is not for
`paymeni, a determination may be mads, 31 siep 210, whether the
`transaction involves