MASTERCARD ASIA PACIFIC PTE LTD.Download PDFPatent Trials and Appeals BoardJun 24, 20212020003442 (P.T.A.B. Jun. 24, 2021) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/050,575 02/23/2016 Philip Wei Ping YEN 0076412-000616 2314 125578 7590 06/24/2021 MASTERCARD C/O Buchanan Ingersoll & Rooney PC 1737 King Street, Suite 500 Alexandria, VA 22314-2727 EXAMINER OBEID, MAMON A ART UNIT PAPER NUMBER 3699 NOTIFICATION DATE DELIVERY MODE 06/24/2021 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): ADIPDOC1@BIPC.com charles.wieland@bipc.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ________________ Ex parte PHILIP WEI PING YEN, HARJENDER SINGH, MICHIHIKO YODEN, SYAM SASIDHARAN NAIR, and PEI LING LEE1 ________________ Appeal 2020-003442 Application 15/050,575 Technology Center 3600 ________________ Before BRADLEY W. BAUMEISTER, MICHAEL J. STRAUSS, and PHILLIP A. BENNETT, Administrative Patent Judges. BAUMEISTER, Administrative Patent Judge. DECISION ON APPEAL Appellant appeals under 35 U.S.C. § 134(a) from the Examiner’s final rejection of claims 1–7, 9, 10, 13, 17–19. Appeal Br. 2. Claims 8, 11, 12, 14–16, and 21–26 are withdrawn from consideration. Id. We have jurisdiction under 35 U.S.C. § 6(b). The Board conducts a limited de novo review of the appealed rejections for error based upon the issues identified by Appellant, and in light of the arguments and evidence produced thereon. Ex parte Frye, 94 USPQ2d 1072, 1075 (BPAI 2010) (precedential). We reverse. 1 “Appellant” refers to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies Mastercard Asia Pacific PTE. LTD as the real party in interest. Appeal Brief filed September 23, 2019 (“Appeal Br.”) 2. Appeal 2020-003442 Application 15/050,575 2 CLAIMED SUBJECT MATTER Appellant describes the present invention as follows: [T]here is provided a method for enabling a communication link over which transaction data is transmitted between a mobile terminal and a receiving terminal, the method comprising: storing in a memory at the mobile terminal, the receiving terminal and a server administering the communication link, a generated unique identifier, the unique identifier used to facilitate the enablement of the communication link; creating a storage slot at the server administering the communication link, the storage slot being assigned the unique identifier and the storage slot used to store the transaction data; and enabling the communication link in response to the creation of the storage slot, wherein the communication link is utilised by both the mobile terminal and the receiving terminal by referencing the unique identifier to the server. Spec., Abstr. Independent claim 1, reproduced below with disputed claim language emphasized, illustrates the subject matter of the appealed claims: 1. A method for enabling a communication link between a mobile terminal and a receiving terminal over which transaction data associated with a transaction is transmitted, the method comprising: generating, by one of the mobile terminal, the receiving terminal and a server, a unique identifier; storing, in a memory, at each of (i) the mobile terminal, (ii) the receiving terminal and (iii) a server administering the communication link, the unique identifier; creating a storage slot at the server administering the communication link, wherein the storage slot is assigned the unique identifier, stores at least a portion of the transaction data, and indicates that a channel is allocated for the communication link between the mobile terminal and the receiving terminal; in response to the creation of the storage slot, enabling, by the server, communication via the channel allocated for the Appeal 2020-003442 Application 15/050,575 3 communication link, of the transaction data between the mobile terminal and the receiving terminal, wherein the communication channel is located and subsequently utilised by both the mobile terminal and the receiving terminal by referencing the unique identifier to the server, upon completion of the transaction, deleting, by the server, the storage slot, and transmitting, by the server, to the receiving device, a message indicating that the storage slot has been deleted. STATEMENT OF THE REJECTIONS Claims 1–7, 9, 10, 13, and 17–19 stand rejected under 35 U.S.C. § 103 as obvious over the combined teachings of Youssefian (US 2014/0208384 A1; published July 24, 2014) and Boyer (US 2012/0284637 A1; published Nov. 8, 2012). Final Action mailed Apr. 11, 2019 (“Final Act.”) 2–8. Claim 20 is rejected under 35 U.S.C. § 103 as obvious over the combined teachings of Youssefian, Boyer, and Rawat (US 2012/0303435 A1; published Nov. 29, 2012). Final Act. 8–9. DETERMINATIONS AND CONTENTIONS The Examiner finds that Youssefian discloses most of the limitations of claim 1 and relies on Boyer for teaching the final limitation of “transmitting, by the server, to the receiving device, a message indicating that the storage slot has been deleted.” Final Act. 2–4. More specifically, the Examiner determines that Youssefian discloses creating a “storage slot,” as claimed, by virtue of storing data records in memory. Id. at 3. The Examiner finds that Youssefian’s data record, or Appeal 2020-003442 Application 15/050,575 4 storage slot, is assigned a unique identifier, stores at least a portion of the transaction data, and indicates that a channel is allocated for the communication link between the mobile terminal and the receiving terminal, as claimed. Id. at 3 (citing Youssefian ¶¶ 20, 62, 66, 67, 70, 75, 80, 106; Fig. 1). The Examiner reiterates that Youssefian discloses a storage slot, as claimed, because Youssefian discloses “a data record having a unique identifier and said data record includes/stores transaction data.” Examiner’s Answer mailed February 3, 2020 (“Ans.”) 6, (citing Youssefian ¶¶ 20, 62, 66–67, 70, 75, 80, 106, Fig. 1) (emphasis omitted). Appellant argues that Youssefian does not disclose creating a storage slot, as recited in the claims. Appeal Br. 6. More specifically, Appellant contends that none of the cited portions of Youssefian disclose or reasonably suggest that the stored content, itself, indicates a channel is allocated for a communication link. Reply Brief filed April 2, 2020 (“Reply Br.”) 5. ANALYSIS Appellant’s arguments are persuasive. We assume arguendo that generally it is reasonable to interpret the claim term “storage slot” as reading on Youssefian’s disclosed storage record. But the Examiner has not sufficiently explained where Youssefian teaches or suggests that the storage record that stores the transaction data also contains an indication that a channel is allocated for the communication link between the mobile terminal and the receiving terminal, as claimed. We, therefore, reverse the obviousness rejection of the independent claim 1 and also the rejection of claims 2–7, 9, 10, 13, and 17–19, which depend from claim 1. Appeal 2020-003442 Application 15/050,575 5 With respect to the remaining obviousness rejection of dependent claim 20, the Examiner does not rely on the additionally cited reference, Rawat, to cure the deficiency noted above in relation to the rejection of claim 1. Final Act. 8–9. We, therefore, reverse the obviousness rejection of claim 20 for the same reasons set forth in relation to claim 1. DECISION SUMMARY In summary: REVERSED Claims Rejected 35 U.S.C. § Reference(s)/ Basis Affirmed Reversed 1–7, 9, 10, 13, 17–19 103 Youssefian, Boyer 1–7, 9, 10, 13, 17–19 20 103 Youssefian, Boyer, Rawat 20 Overall Outcome 1–7, 9, 10, 13, 17–20 Copy with citationCopy as parenthetical citation