Systems/Methods Of Establishing A Capability, And Then Using The Capability, To Perform A Financial Transaction By A Smartphone

Patent No. US12028793 (titled "Systems/Methods Of Establishing A Capability, And Then Using The Capability, To Perform A Financial Transaction By A Smartphone") was filed by Telcom Ventures Llc on Dec 13, 2023.

What is this patent about?

’793 is related to the field of mobile device security and, more specifically, to enabling financial transactions based on physiological parameters and proximity. The background acknowledges the increasing reliance on mobile devices for various functions, but notes a lack of adaptivity. Existing devices perform predetermined functions regardless of context, creating a need for more intelligent and context-aware operation, especially in scenarios like mobile payments.

The underlying idea behind ’793 is to enhance the security and convenience of mobile payments by using a combination of physiological authentication and proximity detection . The device monitors a user's physiological parameter (e.g., heart rate) and only enables the financial transaction function if the parameter meets a predefined criterion. Furthermore, the transaction is only initiated when the device is in close proximity to a vendor's access point, adding another layer of security and ensuring the user is physically present at the point of sale.

The claims of ’793 focus on a method and a wireless device (smartphone) that perform a financial transaction. The device first senses a physiological parameter and determines if it meets a criterion. If so, it requests and receives authorization to establish a financial transaction function. Finally, upon satisfying a proximity condition to a vendor's access point and re-verifying the physiological parameter, the device uses the established function to pay for a product by wirelessly transmitting information and deducting funds from an account.

In practice, the invention leverages a smartphone's built-in sensors (e.g., heart rate monitor) and wireless communication capabilities (e.g., Bluetooth, Wi-Fi). When a user approaches a point-of-sale system, the smartphone detects a short-range signal from the vendor's access point. Simultaneously, the phone verifies the user's physiological state. If both conditions are met, the phone initiates the payment process, securely transmitting payment information to the vendor's system using unlicensed frequencies .

This approach differs from traditional mobile payment systems that rely solely on passwords, PINs, or biometric scans. By incorporating a physiological parameter, the system adds a layer of liveness detection, making it more difficult for unauthorized users to conduct transactions. The proximity requirement further ensures that the transaction is initiated only when the user is physically present, mitigating the risk of remote fraud and enhancing the overall security and user experience.

How does this patent fit in bigger picture?

Technical landscape at the time

In the late 2000s when ’793 was filed, mobile devices were gaining broader adoption at a time when location-based services were typically implemented using GPS or cellular triangulation. Systems commonly relied on client-server architectures for data processing and service delivery, rather than fully distributed or edge-based processing. Hardware or software constraints made real-time contextual awareness and adaptive behavior in mobile devices non-trivial.

Novelty and Inventive Step

The claims were rejected in a non-final office action. The rejection was based on non-statutory double patenting over a related patent. The applicant was encouraged to contact the examiner. The prosecution record does NOT describe the technical reasoning or specific claim changes that led to allowance.

Claims

This patent includes 11 claims, with independent claims 1 and 5. Independent claim 1 focuses on a method of conducting a financial transaction based on sensing a physiological parameter and proximity, while independent claim 5 focuses on a wireless device (smartphone) configured to perform similar operations. The dependent claims generally elaborate on and refine the specifics of the method and device, adding details regarding function enabling/disabling, wireless communication protocols, and device interactions.

Key Claim Terms New

Definitions of key terms used in the patent claims.

Term (Source)Support for SpecificationInterpretation
Physiological parameter
(Claim 1, Claim 5)
“Example/Application No. 2: A wireless communications device may be configured to estimate a location associated therewith and may also be configured to estimate a value of at least one other parameter that may be associated with the wireless communications device, an environment thereof and/or an entity (living or otherwise) that is associated with and/or is proximate to the wireless communications device. The “at least one other parameter” may, for example, be a velocity, acceleration, ToD, ToM, ToY, humidity, temperature, height, level of brightness, level of darkness, a blood pressure, a heart rate, a blood content, a physiological state, a psychological state, etc.”A measurable characteristic of a living being, sensed by a sensor.
Proximity condition
(Claim 1, Claim 5)
“The present invention, addresses these limitations (i.e., the rigidity) of current wireless mobile devices. Accordingly, embodiments of the present invention provide systems, devices and/or methods that may be used to enable adaptively one or more modes/functions of a device based upon having satisfied by the device (or another device) a proximity condition/criterion.”A state of being sufficiently near to an entity, determined by detecting a short-range signal from an access point.
Short-range signal
(Claim 1, Claim 5)
“It will be understood that the signal that is being radiated by the device that is attached to and/or is installed in the entity may be radiated at a relatively low power level so that it may be detected by the mobile device and/or by the device other than the mobile device only over a relatively small distance between, for example, the mobile device and the device that is attached to and/or is installed in the entity (e.g., over a distance that is, for example, less than 100 meters, in some embodiments or less than 10 meters, in other embodiments).”A signal transmitted by an access point that can be detected when in close proximity.
Unlicensed frequencies
(Claim 1, Claim 5)
“In some embodiments, the first communications mode may comprise an air interface protocol, such as, for example, an Orthogonal Frequency Division Multiplexed and/or an Orthogonal Frequency Division Multiple Access (OFDM/OFDMA) protocol, a WiFi- and/or WiMAX-based air interface protocol that may be based upon Time Division Duplex (TDD) operation wherein a common set of frequencies are used bi-directionally (at different times) to provide uplink and downlink communications, and the first and/or second set of frequencies may comprise, for example, an un-licensed use and/or a licensed use set of frequencies.”Frequency bands available for use without requiring a license.

Litigation Cases New

US Latest litigation cases involving this patent.

Case NumberFiling DateTitle
3:25-cv-05041Jun 13, 2025Telcom Ventures LLC v. Apple, Inc.
1:24-cv-23837Oct 4, 2024Telcom Ventures Llc V. Apple, Inc.

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US12028793

TELCOM VENTURES LLC
Application Number
US18539020
Filing Date
Dec 13, 2023
Status
Granted
Expiry Date
Nov 4, 2028
External Links
Slate, USPTO, Google Patents