Ex Parte Deibert et al

Patent Trial and Appeal Board

Sep 28, 2016

11971586 (P.T.A.B. Sep. 28, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
111971,586 01109/2008 Doug Deibert
66945 7590 09/30/2016
KILPATRICK TOWNSEND & STOCKTONLLP/VISA
Mailstop: IP Docketing - 22
1100 Peachtree Street
Suite 2800
Atlanta, GA 30309
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
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Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
80083-742548(038330US) 5156
EXAMINER
OJIAKU, CHIKAODINAKA
ART UNIT PAPER NUMBER
3696
NOTIFICATION DATE DELIVERY MODE
09/30/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
ipefiling@kilpatricktownsend.com
j lhice@kilpatrick.foundationip.com
EDurrell@kilpatricktownsend.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte DOUG DEIBERT, ERICK WONG, GA VIN SHENKER, and
DAVID WENTKER
Appeal2014-004323
Application 11/971,5 86
Technology Center 3600
Before: MURRIEL E. CRAWFORD, KENNETH G. SCHOPPER and
BRADLEY B. BAY AT, Administrative Patent Judges.
CRAWFORD, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant(s) seek our review under 35 U.S.C. § 134 of the Examiner's
Final decision rejecting claims 1, 3, 4, 29, 31-33 and 37--42. We have
jurisdiction over the appeal under 35 U.S.C. § 6(b).
We REVERSE.
Appeal2014-004323
Application 11/971,5 86
Claim 1 is illustrative below:
1. A method comprising:
entering a first configurable predetermined timeout time
into a mobile phone, wherein the mobile phone comprises a
contactless element that is configured to be read by a
contactless reader in an access device, the mobile phone
comprising a plurality of issuer specific mobile payment
applications, each issuer specific mobile payment application
associated with the mobile phone and capable of selection by a
user, each issuer specific mobile payment application in the
plurality of issuer specific mobile payment applications is
associated with its own configurable predetermined timeout
time, wherein configurable predetermined timeout time is
chosen by the user;
entering a password into a first issuer specific mobile
payment application in the plurality of issuer specific mobile
payment applications for a first time, the first issuer specific
mobile payment application associated with payment account
information;
initiating a first payment transaction using the mobile
phone by executing the first issuer specific mobile payment
application in the plurality of issuer specific mobile payment
applications in the mobile phone after entering the password,
wherein the first issuer specific mobile payment application has
a pay functionality and is further configured for password
protection;
during the first payment transaction, transmitting the
payment account information to the access device, wherein the
first issuer specific mobile payment application is a default
mobile payment application;
during the first payment transaction, starting a timer to
begin timing the first payment transaction and displaying a
countdown timer that counts down from the first configurable
predetermined timeout time;
for subsequent payment transactions before the first
configurable predetermined timeout time has elapsed,
reselecting the first issuer specific mobile payment application,
the reselecting not requiring a password to be entered after the
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Appeal2014-004323
Application 11/971,5 86
password is entered the first time, even while the first issuer
specific mobile payment application is configured for password
protection; and
disabling the first issuer specific mobile payment
application after the first configurable predetermined timeout
time has elapsed.
Appellant(s) appeal the following rejection(s):
1. Claims 1--4, 7-10, 13-16, 21, 24--25, and 37--42 are rejected under 35
U.S.C. § 103(a) as being unpatentable over Yuan et al. (US
2008/0114699 Al, pub. May 15, 2008, hereinafter "Yuan") in view of
Selwyn et al. (US 4,451,158, iss. May 29, 1984, hereinafter "Selywn")
and Williams et al. (US 5,815,657, iss. Sep. 29, 1998, hereinafter
"Williams"). Ans. 4. 1
ISSUE
Did the Examiner err in rejecting the claims because Yuan does not
disclose entering a first configurable predetermined timeout time into a
mobile phone?
ANALYSIS
The Appellants argue that Yuan does not disclose entering a first
configurable predetermined timeout time into a mobile phone. The
Examiner relies on paragraphs 3, 25, 27, and 35 for teaching this subject
matter (Final Act. 9).
1 ln the Final Action, the Examiner also rejected claim 38 under 35 U.S.C.
§ 112, first paragraph, claims 1, 19, 37, 39--40, and 42 under 35 U.S.C. 112,
second paragraph. The Examiner did not repeat these rejections in the
Answer. \Ve assume that these grounds of rejection have been withdrawn.
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Appeal2014-004323
Application 11/971,5 86
We find that paragraph 3 of Yuan discloses that point of sale
transactions are conducted using credit cards, debit cards, cash-value cards.
Some of the cash-value cards are becoming contactless.
We find that paragraphs 25 and 27 disclose that mobile devices can be
used to make payments through a connection with a payment authorization
center.
These portions of Yuan do not relate to timeout times.
We also find that paragraphs 36 and 37 of Yuan disclose that if a
payment authorization center does not receive a signal within a first
predetermined time period the call will be terminated, and if the payment
authorization center does not receive a signal within a second predetermined
time period, a visual or audio sign will be displayed indicating that the
payment request failed. This timeout period is not disclosed as being
entered into a mobile phone.
The Examiner has not directed our attention to a disclosure in Yuan of
entering a first configurable predetermined timeout time into a mobile
phone. There is no disclosure in the cited portions of Yuan of a user
selected predetermined timeout time.
In view of the foregoing, we will not sustain the Examiner's rejection
of claim 1 and the remaining claims, which depend from claim 1.
DECISION
The Examiner rejection is reversed.
REVERSED
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