Obviousness

Obviousness Analysis under 35 U.S.C. § 103 for US11770756B2

This analysis identifies combinations of prior art references that would render the claims of US patent 11770756 obvious to a person having ordinary skill in the art (POSITA) as of the patent's priority date of November 4, 2008. The analysis focuses on independent claims 1, 6, 11, and 14, and considers prior art references with a priority date before November 4, 2008.

Background on Obviousness

For a patent claim to be considered obvious under 35 U.S.C. § 103, there must be a showing that the differences between the claimed invention 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 ordinary skill in the art. This often involves identifying a motivation to combine existing prior art references to arrive at the claimed invention, with a reasonable expectation of success.

Prior Art References Considered

The following prior art references, with priority dates preceding US11770756B2's priority date of November 4, 2008, are relevant for this analysis:

• US9232406B2 (Priority Date: March 14, 2002) titled "Systems and/or methods of data acquisition from a transceiver." This reference teaches the fundamental concept of sensing and acquiring data using a device.
• USRE47633E1 (Priority Date: June 22, 2005) titled "Systems/methods of conducting a financial transaction using a smartphone." This patent explicitly teaches the use of smartphones for financial transactions.
• US8275110B2 (Priority Date: September 28, 2007) titled "Active call filtering, screening and dispatching." This reference teaches adaptive control and management of mobile device functions (specifically call handling) based on certain criteria.

Obviousness of Claims 1 and 6 (Core Mode Enablement/Disablement)

Independent Claims 1 (method) and 6 (device) describe a smartphone sensing a parameter (associated with the device, environment, or user) using a device-based sensor, determining if the sensed value satisfies a threshold, and responsively enabling a number of functions while disabling another function. The parameters include velocity, acceleration, time-of-day, humidity, temperature, height, light levels, blood pressure, heart rate, blood content, physiological state, and/or psychological state.

Combination: A person of ordinary skill in the art (POSITA) in 2008 would find it obvious to combine the teachings of US9232406B2 and US8275110B2, along with the general knowledge of smartphones and external sensor integration, to arrive at the subject matter of Claims 1 and 6.

• Sensing Parameters: US9232406B2 teaches "data acquisition from a transceiver," which encompasses sensing various parameters. By 2008, smartphones (explicitly mentioned in USRE47633E1 as a device for advanced functions) commonly included sensors for parameters such as time-of-day (internal clock), velocity and acceleration (GPS and accelerometers), and light levels (ambient light sensors). While device-based sensors for all specific physiological/psychological parameters (e.g., blood pressure, heart rate) may not have been integrated into every smartphone by 2008, the ability to connect external physiological sensors (e.g., heart rate monitors, pedometers via Bluetooth or other wireless protocols) to mobile devices was known and developing. A POSITA would consider such connected sensors as "device-based" in the context of the device utilizing their data.
• Adaptive Function Enablement/Disablement: US8275110B2 teaches "active call filtering, screening and dispatching," which is a clear example of adaptively enabling and disabling functions (e.g., silencing a ring, diverting a call) on a mobile device based on predetermined criteria. A POSITA would readily understand that this principle of contextual function management could be extended beyond call handling to other smartphone functions for user convenience, privacy, or power saving. For example, sensing a low light level (via a sensor, as taught by US9232406B2) and automatically disabling the screen backlight (disabling a function) while enabling a "night mode" (enabling other display functions) would be an obvious application.

Motivation for Combination: A POSITA would be motivated to combine the diverse data acquisition capabilities taught by US9232406B2 with the adaptive function control principles taught by US8275110B2 to create more intelligent and user-responsive smartphones. The goal would be to enhance the user experience by automating device behavior based on context, including environmental and user-centric data. Integrating data from external physiological sensors (known in the art) with smartphone function control would provide a more personalized and automated response to a user's health or activity state, such as automatically adjusting notifications or launching specific applications when a user starts exercising (sensed acceleration and heart rate) or resting (lack of motion).

Obviousness of Claims 11 and 14 (Financial Transaction with Adaptive Control)

Independent Claims 11 (method) and 14 (device) incorporate the adaptive function enablement/disablement of Claims 1 and 6 into a financial transaction context, specifically including requesting authorization from a second device, receiving that authorization, enabling a financial transaction function, satisfying a proximity condition to an entity, and conducting the financial transaction.

Combination: A POSITA in 2008 would find it obvious to combine the teachings of USRE47633E1 (financial transactions on a smartphone) with the combination already established for Claims 1 and 6 (i.e., US9232406B2 and US8275110B2), along with general knowledge regarding multi-device authorization and proximity-based payments.

• Financial Transactions on a Smartphone: USRE47633E1 directly teaches "systems/methods of conducting a financial transaction using a smartphone," covering the core aspect of enabling and using such a function.
• Multi-Device Authorization: The concept of one device requesting and receiving authorization from a second device for an action (e.g., for security, parental control, or delegated authority) was a well-known principle in electronic systems by 2008. Applying this to mobile financial transactions for enhanced security or convenience would be an obvious design choice.
• Proximity-Based Transactions: The patent itself acknowledges the desirability of a mobile device acting as a "wallet" only "when it is time to pay for an item," implying the recognition of proximity-based payment triggers. Proximity-sensing technologies for transactions (e.g., RFID, early NFC implementations) and location-based services (GPS) were also known or rapidly developing by 2008.
• Integration with Adaptive Control: Integrating the adaptive control logic from Claims 1 and 6 (sensing parameters like physiological state, determining a threshold, enabling/disabling functions) into this financial transaction framework would be an obvious extension. For example, a user might want their mobile payment function to only activate if they are physically present at a checkout counter (proximity condition) and their physiological state (e.g., alertness, derived from heart rate or movement, sensed via device-based or connected sensors) indicates they are capable of making a conscious decision.

Motivation for Combination: A POSITA would be motivated to combine the established mobile financial transaction capabilities of USRE47633E1 with the advanced adaptive function control of the combined US9232406B2 and US8275110B2 (including physiological sensing) to create a more secure, intelligent, and context-aware mobile payment system. Adding multi-device authorization would provide an extra layer of security and flexibility for users. Incorporating proximity sensing would streamline the payment process, making it convenient while also ensuring transactions occur in appropriate physical locations. The overarching motivation would be to make mobile financial transactions safer, more convenient, and responsive to a broader range of user and environmental contexts.