Application/Control Number: 14/728,349
`Art Unit: 3687
`
`Page 4
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`Gallagher’s system and method discloses that wireless mobile device 62 establishes
`
`communication with the wireless communication device 44 and reads the stored payment facilitating
`
`information (pg.3, 4] [0037]), any subsequent steps done by the wireless mobile device 62 are under the
`
`control of the restaurant application (4 [0038]) where the line item details of the guest check can be
`
`programmed into the data storage of the wireless communication device 44 in step 100 in which case
`
`such data will be read by the wireless mobile device 62 (| [0040)).
`
`Applicant’s argument seems to contradict the claim language as the claims clearly state that the
`
`mobile device captures the data stored on the tag and the captured data is extracted in the mobile
`
`device.
`
`Examiner notes, the Applicant Specifications 4] [0032] state:
`
`The customer uses his mobile device to read the contactless card at 126. As described above,
`
`the mobile device is assumed to have been installed with a corresponding srnart bil application.
`
`Upon detecting the contactless card in the near field, the smart bill application is executed and
`
`reads off data pertaining to the electronic bH fromthe contactless card at 128 ard subsequently
`
`displays the electronic bdion a screen of the mobile device for the consumerto verify.
`
`Applicant argues: “The Applicant respectfully contests the combination of Gallagher and
`
`Brendellas it is believed that there is no motivation to combine these two references in the
`
`mannerproposed by the Examiner”
`
`Examiner respectfully disagrees. Gallagher and Brendell both teach a system and methodin
`
`which an invoice is presented electronically to a user via a guest presenter. Both references are within
`
`the same field of endeavor and both a focused on contactless payment within the restaurantindustry.
`
`Further, motivation was providedin all present and previous combinations of references.
`
`Althougha specific motivation may not have been explicitly stated within one of the references, the
`
`motivation was not improper, and provided in accordance with the Teaching-Suggestion-Motivation
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`Application/Control Number: 14/728,349
`Art Unit: 3687
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`Test (TSM). As such, Examiner's use of these facts as a motivation statementis in compliance with the
`
`requirements of the TSM test, since the Teaching-Suggestian-Motivation (TSM) test should be flexibly
`
`applied and the teaching, suggestion, or motivation need not be written within the reference.
`
`Applicant argues: “The paymentnotification from the merchant system 202 to a POS terminal
`
`is not equivalent to a payment notification from the payment gateway to a merchant as the merchant
`
`system 202still needs a payment gatewayto settle a payment. Nevertheless, the modification of
`
`Gallagher with Brendell would not cure the deficiencies in Gallagher as discussed above”.
`
`Examiner respectfully disagrees. Examiner has metall requirements establishing a prima facie
`
`case: all factual findings required by Graham weresupplied in the previous and present Actions; the
`
`references are related art, and Applicant has supplied no evidence that there is no reasonable
`
`expectation of success;all claim limitations were met in the previous and present Actions, and Applicant
`
`has merely made the allegation that the limitations are not met or to how the identified elements are
`
`otherwise distinguishable from the claimed limitations. Neither has Applicant supplied any evidence or
`
`argument addressing any failure of Examiner's application of the TSM test, pursuant to current
`
`governinglaw.
`
`Applicant’s arguments are not directed toward the cited portion of the Brendell. For example,
`
`Gallagher already discloses the steps of settling a payment transaction between a customer and
`
`merchant and explicitly states where an approval messageis sent to the restaurant POS See pg.4, 4]
`
`[0042] and 4 [0043].
`
`The cited portion of Brendell (pg.3, 4] [0033]) teaches the consumer can provide the information
`
`to a personal bank, where the bank receives the amount due and the merchant information, along with
`
`a consumer identifier. Once the consumer is identified and verified, the bank may approve the
`
`transaction and submit payment of the amount due to the merchantof record as indicated by the
`
`merchant information.
`
`
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`Application/Control Number: 14/728,349
`Art Unit: 3687
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`Page 6
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`In other words, Brendell teaches where the personal bank, of the customer acts as the payment
`
`gatewaythat controls the transaction between the customer and merchant and sends the approval to
`
`the merchant. Therefore meeting the claimed limitation of independent claims 1, 12 and 18.
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`Application/Control Number: 14/728,349
`Art Unit: 3687
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`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AlA 35 U.S.C. 103(a) which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102, if the differences between the subject matter sought to be patented and the
`prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinaryskill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
`
`prior Office action.
`
`Claims 1, 2, 4, 5, 12 and 17-20 are rejected under pre-AlA 35 U.S.C. 103(a) as being
`
`unpatentable over Gallagher U.S. Patent Application Publication 2011/0173060 in view of Brendell et
`
`al. U.S. Patent Application Publication 2013/0048717.
`
`As per Claim 1, Gallagher discloses a method for mobile payment, the method comprising:
`
`causing a mobile device to capture data directly from a tag physically presented thereto (pg.3, 7 [0037]
`
`discusses the guest recognizes the logo 46, highlighted by the magnifying window 48,as indicating a
`
`wireless payment capability and brings his wireless mobile device 62 near the logo. In step 106, the
`
`wireless mobile device 62 establishes communication with the wireless communication device 44 and
`
`reads the stored payment facilitating information),
`
`wherein the tag receives the data directly from a POS device and allows the mobile device to
`
`capture the data therefrom (pg.3, 4] [0034] discusses the restaurant management module running in the
`
`restaurant POS system 52 displays the guest check for the correct table where the guestis sitting. In
`
`step 100, when the waiter brings a check presenter near the wireless reader/writer 54, the restaurant
`
`management module writes several payment facilitating information to the memory of the wireless
`
`communication device 44 attached to the check presenter2 through the wireless reader/writer 54)
`
`
`
`
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`Application/Control Number: 14/728,349
`Art Unit: 3687
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`Page 8
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`the data embeddedin the tag including an electronic invoice and settlement information with a
`
`merchant associated with the POS device (pg.3, 4] [0034] discusses the restaurant management module
`
`writes several paymentfacilitating information to the memory of the wireless communication device 44
`
`attached to the check presenter2 through the wireless reader/writer 54....the payment facilitating
`
`information includes the following information: 1) restaurant identifier, 2) unique identifier of the
`
`wireless communication device 44, if not present already, 3) identifier of the table where the guestis
`
`sitting, 4) identifier of the guest check, 5) location information of the restaurant interface system 56
`
`such as the URL (Uniform Resource Locator) and 6) identifier of a restaurant application which is to be
`
`run by the wireless mobile device 62 of the guest when the device is brought near the wireless
`
`communication device 44);
`
`extracting the electronic invoice from the captured data in the mobile device (pg.3, ] [0040]
`
`discusses the line item details of the guest check can be programmed into the data storage of the
`
`wireless communication device 44 in step 100 in which case such data will be read by the wireless
`
`mobile device 62);
`
`displaying the electronic invoice on a display of the mobile device to show an amount to be paid
`
`by a user of the mobile device (pg.3, 1 [0041] discusses the guest review the guest check information
`
`either on the wireless mobile device or the physical check),
`
`wherein the mobile device is configured to execute an installed application therein to capture
`
`the data from the tag (pg.3, {| [0038] discusses the wireless mobile device 62 will attempt to download it
`
`through the restaurant interface system 56 using the URL provided by the wireless communication
`
`device 44. If the wireless mobile device 62 does locate the application within the deviceitself, it will load
`
`and execute the program. Thus, any subsequent steps done by the wireless mobile device 62 are under
`
`the control of the restaurant application);
`
`
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`Application/Control Number: 14/728,349
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`Page 9
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`receiving an entry by the mobile device, the entry including an additional amount from the user
`
`(pg.3, ] [0041] discusses the guest review the guest check information either on the wireless mobile
`
`device or the physical check and adds any gratuity to the total);
`
`calculating a total amount by adding the additional amount to the amount in the electronic
`
`invoice (pg.3, 7 [0041] discusses the guest reviews the guest check information either on the wireless
`
`mobile device 62 or the physical check and adds any gratuity to the total);
`
`generating a payment request in the mobile device in response to the electronic invoice after
`
`the user has chosen a paying instrument (pg.4, 4] [0041] discusses upon selection of a financial
`
`instrument to use for payment by the guest, the wireless mobile device 62 retrieves the selected
`
`financial instrument information from a secure memory area of the mobile device),
`
`wherein the payment request includes the total amount and the settlement information (pg.4, 4]
`
`[0042] discusses the wireless mobile device 62 transmits the paymentfacilitating information, the
`
`retrieved financial instrument information and the total amount including the gratuity to the restaurant
`
`interface system 56 for processing the payment);
`
`displaying the electronic invoice on the display of the mobile device for the user to verify the
`
`payment request along with the chosen paying instrument (pg.4, 4] [0041] discusses upon selection of a
`
`financial instrument to use for payment { [0042] discusses upon approval by the guest);
`
`sending the payment request from the mobile device to a payment gateway (pg.4, {| [0043]
`
`discusses the wireless mobile device 62 can transmit the payment facilitating information, the retrieved
`
`financial instrument information and the total amountdirectly to the payment processing system 58 for
`
`processing the payment),
`
`recording a confirmation in the mobile device that the monetary transaction per the payment
`
`request has been successfully completed with respect to the electronic invoice (pg.4, 4] [0042] discusses
`
`the paymentprocessing system 58 transmits the received approval message to the wireless mobile
`
`
`
`
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`Application/Control Number: 14/728,349
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`Page 10
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`device 62 as receipt and to the restaurant POS system 52 to indicate to the restaurant management
`
`software that the guest check has been paid).
`
`Gallagher teaches the payment processing system 58 processes the payment authorization in a
`
`known manner and returns an approval message to the restaurant interface system 56 and Figure 4,
`
`Step 118 Payment Approval Messageis transmitted to Restaurant POS System (pg.4, 4] [0042]), thereby
`
`transferring funds from the customer to the merchant and providing a notification of such transfer to
`
`the POSsystem.
`
`However, Gallagherfails to explicitly state wherein the payment gateway sends a message
`
`directly to the POS device that a monetary transaction per the payment request sent from the mobile
`
`device has been successfully completed in the payment gateway with the POS device when an amount
`
`equivalent to the total amount is deducted from an account associated with the user.
`
`Brendell teaches wherein the payment gateway sends a message directly to the POS device that
`
`a monetary transaction per the payment request sent from the mobile device has been successfully
`
`completed in the payment gateway with the POS device when an amount equivalent to the total
`
`amountis deducted from an account associated with the user (pg.3, 1 [0023] discusses the consumer
`
`can provide the information to a personal bank, where the bank receives the amount due and the
`
`merchant information, along with a consumer identifier. Once the consumer is identified and verified,
`
`the bank may approve the transaction and submit payment of the amount due to the merchant of
`
`record as indicated by the merchant information. Such a transaction has additional security in that the
`
`consumer's account number is never transmitted during the processing).
`
`Therefore it would have been obvious to one of ordinaryskill in the art of contactless payments
`
`at the time of the invention to modify the system of Gallagher to include the ability to deduct the total
`
`bill amount from a customer’s bank account and send the merchant an indication of the transaction as
`
`taught by Brendell to provide a contactless payment system for merchant transactions (e.g., a
`
`
`
`
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`Application/Control Number: 14/728,349
`Art Unit: 3687
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`Page 11
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`restaurant) comprises generating, at the contactless payment system, a total bill of purchases associated
`
`with a consumer, associating a unique identifier of a RFID tag or a QR cade with the total bill,
`
`transmitting the total bill and associated unique identifier to a consumer accessible payment network,
`
`and receiving payment from the consumer for satisfaction of the total bill. Abstract
`
`Asper Claim 2, Gallagher discloses the methodas recited in claim 1, wherein said causing a
`
`mobile device to capture data directly from tag physically presented thereto includes placing the mobile
`
`devicenear the tag (Figure 4, Step 104, Guest brings mobile device near the guest check presenter).
`
`As per Claim 4, Gallagher discloses the method as recited in claim 1, wherein said displaying the
`
`electronic invoice on a display of the mobile device comprises:
`
`allowing the user to verify the amount in the electronic invoice and make a change to the
`
`amount when needed (Figure 4, Step 110, Guest ReviewsBill and Adds Gratuity); and
`
`paying the total amount with the chosen paying instrument(Figure 4, Step 112, Mobile Device
`
`Retrieves Financial Instrument Information From Mobile Device),
`
`wherein the chosen paying instrumentis selected from a traditional credit or debit card, and an
`
`electronic transfer (pg.4, 1 [0041] discusses the wireless mobile device 62 retrieves the selected
`
`financial instrument information from a secure memory area of the mobile device. The financial
`
`instrument information can include an account number, name of the account holder, expiration date
`
`and CVV (card verification value) and the like).
`
`However, Gallagheris silent regarding group consisting of an electronic wallet already created in
`
`the mobile device,
`
`Brendell teaches group consisting of an electronic wallet already created in the mobile device
`
`(pg.3, §] [0022] discusses the contactless-enabled device 120 may store multiple accounts which the
`
`consumer mayselect from to make the payment, Incorporated Reference 13/215,111 pg. 3, 1 [0027]
`
`discusses virtual wallet program).
`
`
`
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`Application/Control Number: 14/728,349
`Art Unit: 3687
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`Page 12
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`Therefore it would have been obvious to one ofordinary skill in the art of contactless payments
`
`at the time of the invention to modify the system of Gallagher to include the ability to include a virtual
`
`wallet within the mobile device as taught by Brendell to provide a contactless payment system for
`
`merchant transactions (e.g., a restaurant) comprises generating, at the contactless payment system, a
`
`total bill of purchases associated with a consumer, associating a unique identifier of a RFID tag or a QR
`
`code with the total bill, transmitting the total bill and associated unique identifier to a consumer
`
`accessible payment network, and receiving payment from the consumer for satisfaction of the total bill.
`
`Abstract
`
`As per Claim 5, Gallagher discloses the method as recited in claim 1 further comprising:
`
`causing the mobile device to execute an installed module upon detecting the POS device ina
`
`near field of the mobile device (pg.3, 1 [0034] discusses and identifier of a restaurant application which
`
`is to be run by the wireless mobile device 62 of the guest when the device is brought near the wireless
`
`communication device 44)
`
`wherein the installed module is executed to receive the data directly from the tag carrying the
`
`electronic invoice and the settlement information (pg.3, [0038] discusses Based on the restaurant
`
`application identifier, the wireless mobile device 62 attempts to locate the application in its data
`
`storage... If the wireless mobile device 62 does locate the application within the deviceitself, it will load
`
`and execute the program. Thus, any subsequent steps done by the wireless mobile device 62 are under
`
`the control of the restaurant application, {1 [0040] discusses the line item details of the guest check can
`
`be programmed into the data storage of the wireless communication device 44 in step 100 in which case
`
`such data will be read by the wireless mobile device 62 in step 106).
`
`As per Claim 12, Gallagher discloses a method for mobile payment, the method comprising:
`
`generating a set of data in a point of sale device, the data including an electronic invoice and
`
`settlement information with a merchant associated with the POS device(pg.3, 9 [0034] discusses upon
`
`
`
`
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`Application/Control Number: 14/728,349
`Art Unit: 3687
`
`Page 13
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`instruction by the waiter, the restaurant management module running in the restaurant POS system 52
`
`displays the guest check for the correct table where the guestis sitting. In step 100, when the waiter
`
`brings a check presenter near the wireless reader/writer 54, the restaurant management module writes
`
`several payment facilitating information to the memory of the wireless communication device 44
`
`attached to the check presenter2 through the wireless reader/writer 54... the paymentfacilitating
`
`information includes the following information: 1) restaurant identifier, 2) unique identifier of the
`
`wireless communication device 44, if not present already, 3) identifier of the table where the guest is
`
`sitting, 4) identifier of the guest check, 5) location information of the restaurant interface system 56
`
`such as the URL (Uniform Resource Locator) and 6) identifier of a restaurant application which is to be
`
`run by the wireless mobile device 62 of the guest when the device is brought near the wireless
`
`communication device 44),
`
`embedding the data direct to a tag; (pg.3, 4] [0034] discusses the restaurant management
`
`module writes several paymentfacilitating information to the memory of the wireless communication
`
`device 44 attached to the check presenter2 through the wireless reader/writer 54)
`
`presenting the tag to the mobile device (pg.3, 4] [0036] discusses the waiter brings the
`
`programmed guest check presenter 2 to the guest)
`
`causing the mobile device to capture the data from the tag (pg.3, 4 [0037] the wireless mobile
`
`device 62 establishes communication with the wireless communication device 44 and readsthe stored
`
`payment facilitating information),
`
`wherein the mobile device executes an installed application therein to retrieve an amountin the
`
`electronic invoice from the data and generate a payment request in response to the captured data, the
`
`payment request being sent to a payment gateway includes a total amount combining an additional
`
`amountadded by a user of the mobile device and an amount expressed in the electronic invoice (pg.3, 4]
`
`[0037] discusses the wireless mobile device 62 establishes communication with the wireless
`
`
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`Application/Control Number: 14/728,349
`Art Unit: 3687
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`Page 14
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`communication device 44 and reads the stored payment facilitating information...{| [0038] discusses
`
`Based on the restaurant application identifier, the wireless mobile device 62 attempts to locate the
`
`application in its data storage... If the wireless mobile device 62 does locate the application within the
`
`deviceitself, it will load and execute the program. Thus, any subsequent steps done by the wireless
`
`mobile device 62 are under the control of the restaurant application...{[0040] discusses the line item
`
`details of the guest check can be programmed into the data storage of the wireless communication
`
`device 44 in step 100 in which case such data will be read by the wireless mobile device and pg.4, 4]
`
`[0042] discusses the wireless mobile device 62 transmits the payment facilitating information, the
`
`retrieved financial instrument information and the total amount including the gratuity to the restaurant
`
`interface system 56 for processing the payment); and
`
`receiving a messagein the POS device directly from the payment gateway that the electronic
`
`invoice has been settled but for the total amount more than the amount expressed in the electronic
`
`invoice (pg.4, §] [0042] discusses the payment processing system 58 transmits the received approval
`
`message to the wireless mobile device 62 as receipt and to the restaurant POS system 52 to indicate to
`
`the restaurant managementsoftware that the guest check has been paid),
`
`Gallagher teaches the payment processing system 58 processes the payment authorization in a
`
`known manner and returns an approval messageto the restaurant interface system 56 and Figure 4,
`
`Step 118 Payment Approval Messageis transmitted to Restaurant POS System (pg.4, 4 [0042]), thereby
`
`transferring funds from the customer to the merchant and providing a notification of such transfer to
`
`the POSsystem.
`
`However, Gallagherfails to explicitly state wherein the payment gateway is configured to send
`
`the messagedirectly to the POS device when an amount equivalent to the total amountis deducted
`
`from an account associated with the user of the mobile devices.
`
`
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`Application/Control Number: 14/728,349
`Art Unit: 3687
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`Page 15
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`Brendell teaches wherein the payment gateway is configured to send the message directly to
`
`the POS device when an amount equivalent to the total amountis deducted from an account associated
`
`with the user of the mobile devices (pg.3, 1 [0023] discusses the consumer can provide the information
`
`to a personal bank, where the bank receives the amount due and the merchant information, along with
`
`a consumer identifier. Once the consumer is identified and verified, the bank may approve the
`
`transaction and submit payment of the amount due to the merchantof record as indicated by the
`
`merchant information. Such a transaction has additional security in that the consumer's account number
`
`is never transmitted during the processing).
`
`Therefore it would have been obvious to one of ordinaryskill in the art of contactless payments
`
`at the time of the invention to modify the system of Gallagher to include the ability to deduct the total
`
`bill amount from a customer’s bank account and send the merchantan indication of the transaction as
`
`taught by Brendell to provide a contactless payment system for merchanttransactions (e.g., a
`
`restaurant) comprises generating, at the contactless payment system, a total bill of purchases associated
`
`with a consumer, associating a unique identifier of a RFID tag or a QR code with the total bill,
`
`transmitting the total bill and associated unique identifier to a consumer accessible payment network,
`
`and receiving payment from the consumer for satisfaction of the total bill. Abstract
`
`
`
`As per Claim 13, Gallagher discloses the method as recited in claim 12, wherein thetagis
`
`presented near the mobile device to allow the user to use the mobile device to capture the data (Figure
`
`4, Step 104, Guest brings mobile device near the guest check presenter, Step 106, Mobile Device Reads
`
`Stored Information from Guest Check Presenter).
`
`Asper Claim 17, Gallagher discloses the method recited in claim 12, wherein data exchange
`
`between the mobile device and payment gateway is conducted in channel established between the
`
`mobile device and payment gateway (pg.4, 4] [0043] discusses the wireless mobile device 62 can
`
`transmit the payment facilitating information, the retrieved financial instrument information and the
`
`
`
`
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`total amount directly to the payment processing system 58 for processing the payment...pg.3, 4] [0030]
`
`discusses VISA™ interchange system).
`
`However, Gallagherfails to explicit state a secured channel.
`
`Brendell teaches a secured channel (pg.8, {] [0074] discusses a web client may implement
`
`security protocols such as Secure Sockets Layer (SSL) and Transport Layer Security (TLS). A web client
`
`may implement several application layer protocols including http, https, ftp, and sftp).
`
`Therefore it would have been obvious to one of ordinaryskill in the art of contactless payments
`
`at the time of the invention to modify the system of Gallagher to include the ability to include the ability
`
`to communicate via known security protocols as taught by Brendell to provide a contactless payment
`
`system for merchant transactions (e.g., a restaurant) comprises generating, at the contactless payment
`
`system, a total bill of purchases associated with a consumer, associating a unique identifier of a RFID tag
`
`or a QR code with the total bill, transmitting the total bill and associated unique identifier to a consumer
`
`accessible payment network, and receiving payment from the consumer for satisfaction of the total bill.
`
`Abstract
`
`As per Claim 18, Gallagher discloses a system for mobile payment, the system comprising:
`
`a point of sale (POS) device provided to generate a set of data including an electronic invoice
`
`upon receiving an entry (Figure 4, Step 100, Restaurant POS Module writes facilitating information to
`
`guest check presenter),
`
`wherein the data including the electronic invoice and settlement information is transferred to a
`
`tag (pg.3, 1 [0034] discusses the paymentfacilitating information includes the following information: 1)
`
`restaurantidentifier, 2) unique identifier of the wireless communication device 44, if not present
`
`already, 3) identifier of the table where the guestis sitting, 4) identifier of the guest check, 5) location
`
`information of the restaurant interface system 56 such as the URL (Uniform Resource Locator) and 6)
`
`
`
`
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`Application/Control Number: 14/728,349
`Art Unit: 3687
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`Page 17
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`identifier of a restaurant application which is to be run by the wireless mobile device 62 of the guest
`
`when the device is brought near the wireless communication device 44),
`
`a mobile device is executing a module configured to capture the data directly from the tag
`
`physically presented thereto (Figure 4, Step 102, Waiter bring programmed guest check presenter to
`
`guest, Step 106 Mobile Device Reads stored information from the guest check presenter and pg.3, 4]
`
`[0038] discusses any subsequent steps done by the wireless mobile device 62 are under the control of
`
`the restaurant application);
`
`extract an amount expressed in the electronic invoice and display the amount in the mobile
`
`device (pg.3, 1 [0040] discusses the line item details of the guest check can be programmed into the
`
`data storage of the wireless communication device 44 in step 100 in which case such data will be read
`
`by the wireless mobile device 62...4] [0041] discusses the guest reviews the guest check information
`
`either on the wireless mobile device 62 or physical check)
`
`wherein the POS device receives an electronic notification directly from a payment gateway that
`
`the electronic invoice has been settled for a total amount including an additional amount and the
`
`amountexpressed in the electronic invoice (pg.4, 4] [0042] discusses the payment processing system 58
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`transmits the received approval message to the wireless mobile device 62 as receipt and to the
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`restaurant POS system 52 to indicate to the restaurant managementsoftware that the guest check has
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`been paid and §] [0043] discusses the wireless mobile device 62 can transmit the payment facilitating
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`information, the retrieved financial instrument information and the total amount directly to the
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`payment processing system 58 for processing the payment),
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`the additional amountis added by the user, after the user of the mobile devices verifies the
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`electronic invoice displayed on the mobile device (Figure 4, Step 110 Guest ReviewsBill and Adds
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`Gratuity) and
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`GOOG-1002
`Google LLC v. RFCyber Corp. / Page 183 of 792
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`

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`Application/Control Number: 14/728,349
`Art Unit: 3687
`
`Page 18
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`authorizes a paymentto the electronic invoice (pg.4, {] [0042] discusses approval by the guest),
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`the mobile device is configured to generate a payment request to be sent to the payment gatewayto
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`proceed with a payment according to the payment request(pg.4, 4] [0042] discusses the wireless mobile
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`device 62 transmits the paymentfacilitating information, the retrieved financial instrument information
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`and the total amount including the gratuity to the restaurant interface system 56 for processing the
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`payment...4] [0043] discusses the wireless mobile device 62 can transmit the paymentfacilitating
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`information, the retrieved financial instrument information and the total amount directly to the
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`payment processing system 58 for processing the payment).
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`Brendell teaches wherein the POS device receives an electronic notification directly from a
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`payment gatewaythat the electronic invoice has been settled for a total amountincluding an additional
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`amountand the amount expressed in the electronic invoice (pg.3, | [0023] discusses the consumer can
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`provide the information to a personal bank, where the bank receives the amount due and the merchant
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`information, along with a consumer identifier. Once the consumer is identified and verified, the bank
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`may approvethe transaction and submit payment of the amount due to the merchant of record as
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`indicated by the merchant information. Such a transaction has additional security in that the consumer's
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`account number is never transmitted during the processing).
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`Therefore it would have been obvious to one of ordinary skill in the art of contactless payments
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`at the time of the invention to modify the system of Gallagher to include the ability to deduct the total
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`bill amount from a customer’s bank account and send the merchant an indication of the transaction as
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`taught by Brendell to provide a contactless payment system for merchanttransactions (é.g., a
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`restaurant) comprises generating, at the contactless payment system, a total bill of purchases associated
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`with a consumer, associating a unique identifier of a RFID tag or a QR code with the total bill,
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`transmitting the total bill and associated unique identifier to a consumer accessible payment network,
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`and receiving payment from the consumer for satisfaction of the total bill. Abstract
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`GOOG-1002
`Google LLC v. RFCyber Corp. / Page 184 of 792
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`

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`Application/Control Number: 14/728,349
`Art Unit: 3687
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`Page 19
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`As per Claim 19, Gallagher discloses the system as recited in claim 18. However, Gallagher is
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`silent regarding wherein the data from the POS device includes an account and bank information of the
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`merchant of the POS device.
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`Brendell teaches wherein the data from the POS d