DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/23/2026 has been entered.
Response to Amendment
Applicant’s response with amendments filed on 03/23/2026 has been received and entered. Applicant has amended claims 1, 7, 11 and 13, and previously canceled claim 12. Claims 1-11 and 13-21 have been examined on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/28/2026 is being considered by the examiner.
Response to Arguments
Applicant’s arguments with respect to rejections 35 USC § 103 for claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 5 and 18 are objected to because of the following informalities: there is a typographical error in claim 5, line 2 and claim 18, line 3. The “wearable devices remains worn” should read “wearable device remains worn”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 4, 7-10, 13 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Capurso et al. (US 10853795 B1), hereinafter Capurso, in view of Schok (US 20210224774 A1) and Khan et al. (US 20140019367 A1), hereinafter Khan.
Regarding claim 1, Capurso discloses a secure access system (“system 100”, see Figs. 1A-B) between a wearable device (“mobile device 110”, including wearable devices – see col. 3, lines 60-67) and a contactless card (“contactless card 101”), the system comprising:
the wearable device comprising a memory (“memory 111” of mobile device 110; “memory 102” of contactless card 101; “memory 122” of authentication server 120 – See Figs. 1A-B, 8) and
a processor (“processor 430” of contactless card; “processor 804” of computing system 802, representative of the contactless card 101, mobile devices 110, and authentication server 120 of the system 100 – see Figs, 1A-B, 8), wherein the wearable device is configured to:
open a first communication field (to enable NFC data transfer between the contactless card 101 and the mobile device 110, the account application 113 may communicate with the contactless card 101 when the contactless card 101 is sufficiently close to the card reader 118 of the mobile device 110; the card reader 118 reads/communicates with the communications interface 133 of the contactless card 101 (e.g., via NFC, Bluetooth, RFID, etc.) - see col. 5, lines 13-30; see also Fig. 1A, col. 3, lines 52-57);
transmit, upon opening the first communication field, an authentication request to the contactless card via the first communication field (in order to authorize a user-requested operation, the system authenticates/verifies the user by using the contactless card 101 – see col. 4, line 56 to col. 5, line 13; using key diversification encryption, the contactless card 101 provides identification data associated with the user in encrypted form – see col. 5, line 31 to col. 6, line 25);
receive, upon transmitting the authentication request, an authentication credential (“encrypted customer ID 132” or “encrypted data”) from the contactless card via the first communication field (the contactless card 101 transmits the encrypted data to the account application 113 of the mobile device 110 (e.g., via an NFC connection, Bluetooth connection, etc.); the account application 113 of the mobile device 110 may then transmit the encrypted customer ID 132 to the server 120 via the network 130 for authentication – see col. 6, lines 26-37);
validate the authentication credential (once the encrypted data is received, the authentication application 123 may authenticate the encrypted customer ID 132 – see col. 6, lines 38-56);
transmit, upon validating the authentication credential, a request for card emulation data (after successful authentication, account application 113 in mobile device 110 receives the verification – see col. 7, lines 9-26; the card reader 118 of the mobile device 110, acting in NFC card-emulation mode, may cause the applet 103 of the contactless card 101 to transmit payment information (e.g., a card number, expiration date, and/or card verification value (CVV)) [i.e., card emulation data] to the account application 113 of the mobile device 110 – see col. 11, lines 11-16);
receive, from the contactless card, the card emulation data (applet 103 of the contactless card 101 transmits payment information [payment information includes the encrypted customer ID 132, which is transmitted by the account application 113 to the server 120 for verification - the process has been discussed above, see col. 11, lines 11-16 and previous citations] - see col. 11, lines 16-22);
store the card emulation data on the memory (once verified, the account application 113 of the mobile device 110 transmits the received payment information to the merchant device 301 [that is, the account application 113 in mobile device 110, having received the payment information [i.e., card emulation data], verifies it with the server and uses the information in memory to complete the purchase transaction in NFC card emulation mode] - see col. 11, lines 16-22);
emulate the card (the communications interface 118 (card reader 118) of the mobile device 110 operates in NFC card-emulation mode to emulate the contactless card 101 and pay for a transaction via the merchant device 301 – see col. 10, lines 32-35; once verified, the account application 113 of the mobile device 110 transmits the received payment information to the merchant device 301 as payment data 311 [i.e., emulates the card (while acting in NFC card-emulation mode)]; then the merchant device 301 may then process the transaction using the received payment data 311 - see col. 11, lines 16-22); wherein: the first communication field is a Bluetooth communication field, a near field communication (NFC) field, a Radio Frequency Identification (RFID) communication field, or a Wi-Fi communication field (although NFC is used as an example communications protocol, the disclosure is equally applicable to other types of wireless communications, such as the EMV standard, Bluetooth, and/or Wi-Fi - see col. 3, lines 46-57; to enable NFC data transfer between the contactless card 101 and the mobile device 110, the account application 113 may communicate with the contactless card 101 when the contactless card 101 is sufficiently close to the card reader 118 of the mobile device 110; the card reader 118 reads/communicates with the communications interface 133 of the contactless card 101 (e.g., via NFC, Bluetooth, RFID, etc.) - see col. 5, lines 13-30),
Furthermore, Capurso discloses using counter values 104 that are synchronized between the contactless card 101 and the server 120 that change each time there is data exchange between the contactless card 101 and server 120 or mobile device 110; these counter values are used in conjunction with master keys 105 to enhance security using key diversification, which is used to encrypt the data used for authentication/validation (i.e., authentication credential); the authentication application 123 in server 120 uses master key 105 and counter value 104 as inputs to produce a diversified key 106 to decrypt the encrypted data from contactless card 101 and validate the information; if authentication application 123 is unable to decrypt the information, authentication fails, and authentication application 123 sends a message to account application 113, which in turn, rejects the performance of requested operations – see col. 5, line 59 – col. 6, line 49.
Capurso fails to disclose closing the first communication field; opening a second communication field; [transmitting a request for and receiving emulation data] via the second communication field; the second communication field being a Bluetooth communication field, an NFC field, an RFID communication field, or a Wi-Fi communication field; and, the first communication field is different than the second communication field. Examiner’s note: limitations in [italics] are considered taught by Capurso but included here for context.
However, Schok discloses a payment system for managing electronic receipts of a payment terminal including a communication subsystem with a Near Field Communication (NFC) subsystem, a memory, and a processor configured to complete a purchase transaction, establish, through the communication subsystem, a NFC session, and transmit, through the NFC session, receipt data of a receipt for the purchase transaction (see abstract) closing the first communication field; opening a second communication field; [transmitting a request for and receiving emulation data] via the second communication field (multiple NFC sessions between the wireless communication device 104 and payment terminal 102 are required to complete the purchase transaction and for the wireless communication device 104 to receive the receipt data; the multiple NFC sessions can be established by a single transmit action, with the wireless communication device 104 and the payment terminal 102 starting and ending two separate NFC sessions without relative movement between the devices, or multiple NFC sessions can be established via a first transmit action allowing for a first NFC session to be established complete the purchase transaction, and a subsequent second transmit action can establish a second NFC session (separate from the first NFC session) for the wireless communication device 104 to receive the receipt data; for example, the wireless communication device 104 may be required to maintain the wireless communication device 104 and payment terminal 102 in position for a duration long enough to allow for the first NFC session and second NFC session to be completed – see [0065]; Examiner’s note: the first NFC session is established to complete the purchase transaction; this first NFC session ends and a second (different) NFC session starts for receiving receipt data).
Khan discloses a method to perform a commercial transaction by establishing a secure link over a first air interface by a purchasing device with a point of sale device and identifying a second air interface, which is different from the first air interface, to conduct a secure commercial transaction (see abstract) including the second communication field being a Bluetooth communication field, an NFC field, an RFID communication field, or a Wi-Fi communication field; and, the first communication field is different than the second communication field (the NFC secure link can be used to establish a second secure link that uses a different protocol, such as WIFI 110, Bluetooth 112, or another wireless protocol that has more desirable characteristics for maintaining the link over time than NFC; the particular protocol that is used for the second link can be selected based on configured information, e.g., depending on the type of communication hardware available in the device, or according to user preferences, signal strength, the amount of data expected to be transferred, and so on – see [0020]; the second air interface 110 or 112 is different from the first air interface 114 that was used to establish the secure link; as an example, FIG. 2 shows the portable device 102 conducting a secure commercial transaction using the WIFI air interface 110, for a secure link that was established using NFC 114; in this way, purchase information may be transferred through the WIFI interface 110 instead of the NFC interface 114; WIFI is more convenient than NFC for users, since the limited communication range of NFC requires the portable device to be in close proximity to the POS device, e.g., within 3 to 6 inches; the second air interface 114 can be used, for example, to send information such as offers by customers or merchants, coupon offers and redemptions, receipts, follow up information, and so on – see [0021]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system in Capurso to include opening a second communication field; [transmitting a request for and receiving emulation data] via the second communication field; the second communication field being a Bluetooth communication field, an NFC field, an RFID communication field, or a Wi-Fi communication field; and, the first communication field is different than the second communication field, as taught by Schok and Khan. One would have been motivated to make such a combination to improve the efficiency of transmission, as recognized by Schok (see [0004]); and, because WIFI, for instance, is more convenient than NFC for users, since the limited communication range of NFC requires the devices to be in close proximity, as recognized by Khan (see [0019-21]).
Regarding claim 3, Capurso, Schok and Khan disclose all the claimed subject matter recited in claim 1 above. Furthermore, Capurso discloses the system, wherein the wearable device can perform a transaction with the card emulation data, the transaction comprising at least one selected from the group of a transaction associated with an automatic telling machine (ATM), bank, or other financial institution (the system performs operations [i.e., transactions] including making purchases, requesting a credit increase, transfer funds between accounts, various account-related operations, including viewing account balances – see col. 2, lines 6-20 and lines 60-64; col. 4, lines 45-48; col. 4, line 66 – col. 5, line 4; the contactless card 101 used in the system is representative of any type of payment cards, such as a credit card, debit card, ATM card, gift card, etc. - see col. 3, lines 50-53)
Regarding claim 4, Capurso, Schok and Khan disclose all the claimed subject matter recited in claim 3 above. Furthermore, Capurso discloses the system, wherein the transaction is one or more security transactions at a place of business, an abode, or other private institution (the system is used to perform both in-person and online transactions, for instance, to complete and pay for purchase with a merchant [def. owner of retail business] - see col. 10, lines 16-18, Figs. 3A, 3B, 3C).
Regarding claim 7, all limitations correspond to the method for the system of claim 1 above. Therefore, claim 7 is being rejected on the same basis as claim 1.
Regarding claim 8, Capurso, Schok and Khan disclose all the claimed subject matter recited in claim 7 above. Furthermore, Capurso discloses the method, wherein the authentication credential is at least one selected from the group of a unique customer identifier (“customer ID 107”/“customer ID 132”) and a counter value (“counter 104”/“counter value 104”) (the contactless card 101 may then encrypt the data (e.g., the customer ID 107 and/or any other data, such as the passport data 108, driver's license data 109, and/or other user data 131); encrypting the customer ID 107 with the diversified key 106 results in the encrypted customer ID 132; the contactless card 101 transmits the encrypted data [i.e., authentication credential] to the account application 113 of the mobile device 110 (e.g., via an NFC connection, Bluetooth connection, etc.); the contactless card 101 transmits the counter value 104 with the encrypted data – see col. 6, lines 18 -37).
Regarding claim 9, Capurso, Schok and Khan disclose all the claimed subject matter recited in claim 7 above. Furthermore, Capurso discloses the method, wherein the card emulation data comprises at least one selected from the group of a primary account number (PAN), a card verification value (CVV), and a security code (the communications interface 118 [card reader 118] of the mobile device 110, acting in NFC card-emulation mode, may cause the applet 103 of the contactless card 101 to transmit payment information (e.g., a card number, expiration date, and/or card verification value (CVV)) [i.e., card emulation data] to the account application 113; the payment information includes an encrypted customer ID 132 as well – see col. 11, lines 11-20)
Regarding claim 10, Capurso, Schok and Khan disclose all the claimed subject matter recited in claim 7 above. Furthermore, Capurso discloses the method, wherein the card emulation is performed via a software application (“account application 113”) associated with the wearable device (account application 113 included in operating system (OS) 112 of mobile device 110 allows users to perform various account-related operations, control access permissions to different functions provided by account application 113 and others, and communicates with contactless card 101 via card reader 118; receives card data (payment information and user/card identification), verifies the data, and transmits it to complete transactions, effectively emulating the card- see col. 4, line 40 – col. 5, line 30; col. 11, lines 6-24).
Regarding claim 13, all limitations correspond to the non-transitory computer-readable medium
of the system and method of claims 1 and 7 above. Therefore, claim 13 is being rejected on the same basis as claims 1 and 7.
Furthermore, Capurso discloses a non-transitory computer readable medium containing computer executable instruction that, when executed by a wearable device comprising a processor, configure the computer hardware arrangement to perform procedures of claim 1 and 7 above (see col. 16, line 62 – col. 17, line 29; col. 18, line 64 – col. 19, line 33).
Regarding claim 15, all limitations correspond to the non-transitory computer-readable medium
of the system of claim 3 above. Therefore, claim 15 is being rejected on the same basis as claim 3.
Regarding claim 16, all limitations correspond to the non-transitory computer-readable medium
of the system of claim 4 above. Therefore, claim 16 is being rejected on the same basis as claim 4.
Regarding claim 17, Capurso, Schok and Khan disclose all the claimed subject matter recited in claim 13 above. Furthermore, Capurso discloses the non-transitory computer readable medium, wherein the validation of the authentication credential comprises:
transmitting, by the wearable device to one or more servers, the authentication credential (once the account application 113 in mobile device 110 receives the encrypted data [i.e., authentication credential] from contactless car 101, the authentication application 123 transmits it to server 120 via network 130 for authentication – see col. 6, lines 26-37), and
receiving, by the wearable device from the one or more servers, a validation message indicating that the authentication credential has been validated (once encrypted data is received, the authentication application 123 of server 120 may authenticate the encrypted customer ID 132 – see col. 6, lines 38-56; once the authentication application 123 has decrypted the encrypted customer ID 132, thereby verifying (authenticating) the encrypted data, authentication application 123 transmits a verification 134 [i.e., validation message] to the mobile device 110 indicating that the authentication was successful – see col. 7, lines 9-16).
Claims 2, 5, 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Capurso et al. (US 10853795 B1), Schok (US 20210224774 A1) and Khan et al. (US 20140019367 A1), as applied to claims 1 and 13 above, and further in view Castinado et al. (US 20170061422 A1), hereinafter Castinado.
Regarding claim 2, Capurso, Schok and Khan disclose all the claimed subject matter recited in claim 1 above. Furthermore, Capurso discloses the system, wherein the mobile devices 110 is a wearable device (the mobile devices 110 are representative of any type of network-enabled computing devices, such as smartphones, tablet computers, wearable devices, laptops, portable gaming devices, etc. – see col. 3, lines 60-64).
Capurso does not explicitly teach the system wherein the wearable device is a smart watch.
However, Castinado discloses systems, methods, and computer program products for authenticating the use of a wearable device to execute a transaction providing the functional benefit of authenticating the wearable device when the user initially adorns the wearable device and continues to monitor the wearable device to determine whether the user remains in continuous possession of the wearable device since its authentication (see abstract and [0002]) including the wearable device is a smart watch (examples of potential wearable devices are smart watches, bands, ear-pods, jewelry, eyeglasses, contact lenses, clothing, and the like – see [0038]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system in Capurso to include a smartwatch as a wearable device, as taught by Castinado. One would have been motivated to make such a combination because smartwatches offer convenience to users and security for both users and merchants, as recognized by Castinado (see [0001] and [0041]).
Regarding claim 5, Capurso, Schok and Khan disclose all the claimed subject matter recited in claim 1 above.
Capurso does not explicitly teach the system, wherein the wearable device continues to emulate card information as long as the wearable device remains worn.
However, Castinado discloses a system and method for maintaining authentication of a user of a wearable device wherein the wearable device continues to emulate card information as long as the wearable devices remains worn (completing execution of a transaction is based on at least determining that the transaction is within the one or more limits and that the user continues to remain in possession of the wearable device from the first time; the system may determine that the user has not been in continual possession of the wearable device from the first time; and, in response, the system may request additional authentication credentials from the user to re-authenticate the user – see [0048]; see also [0038], [0047], [0055] and [0060-62]; examiner’s note: the wearable device is first authenticated when the user first adorns it (puts it on) and continuous possession is determined based on sensor readings of biometric traits (e.g., heart rate, blood pressure, gait, etc.); once it is determined that the wearable device is not in possession of the user, the wearable device would have to be re-authenticated in order to perform any transactions; in other words, as long as the wearable device is “adorned” (in possession” of the user and is authenticated, it may continue performing transactions).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system in Capurso to include wherein the wearable device continues to emulate card information as long as the wearable device remains worn, as taught by Castinado. One would have been motivated to make such a combination because the pre-authentication and possession monitoring of the wearable device provides the merchant with an increased level of confidence and thus reducing the likelihood of misrepresentation, and provides a level of convenience for the user, as recognized by Castinado (see [0001] and [0041]).
Regarding claim 14, all limitations correspond to the non-transitory computer-readable medium
of the system of claim 2 above. Therefore, claim 14 is being rejected on the same basis as claim 2.
Regarding claim 18, all limitations correspond to the non-transitory computer-readable medium
of the system of claim 5 above. Therefore, claim 18 is being rejected on the same basis as claim 5.
Claims 6, 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Capurso et al. (US 10853795 B1), Schok (US 20210224774 A1) and Khan et al. (US 20140019367 A1), as applied to claims 1 and 13 above, and further in view of Maheshwari et al. (US 20180293584 A1), hereinafter Maheshwari.
Regarding claim 6, Capurso, Schok and Khan disclose all the claimed subject matter recited in claim 1 above. Furthermore, Capurso discloses the system wherein account application 113 in mobile device 110 receives the card data via card reader 118 and stores it in order to perform user-requested operations (see Figs. 1A-1B, col. 10, lines 32-35, and col. 11, lines 16-22).
Capurso, Schok and Khan do not explicitly teach the system wherein the wearable device is further configured to retain the card information after the wearable device has been de-synced from a user.
However, Maheshwari teaches a system for fraud monitoring wherein the system, wherein the wearable device is further configured to retain the card information after the wearable device has been desynced from a user (an user may present a payment device (e.g., wearable device or mobile device) executing a digital wallet application [which by definition, stores/holds payment card information] with one or more payment cards provisioned in the wallet, to complete a purchase/financial transactions - see [0101], [0146]; persistent authentication may occur based on a connected device such as a wearable; the authentication is typically continuous throughout the operation of the device, for example through continual contact or biometric monitoring of a heartbeat; persistent authentication is typically valid until the wearable device is disconnected from the mobile computer device 12 or the wearable is removed from the body of the user – see [0191]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system in Capurso to include the wearable device is further configured to retain the card information after the wearable device has been de-synced from a user, as taught by Maheshwari. One would have been motivated to make such a combination because digital wallets storing/holding card information are convenient and enable the user to use different mobile payment application services, as recognized by Maheshwari ([0146]).
Regarding claim 11, all limitations correspond to the method performed by the system of claim 6 above. Therefore, claim 11 is being rejected on the same basis as claim 6.
Regarding claim 19, all limitations correspond to the non-transitory computer-readable medium
of the system of claim 6 above. Therefore, claim 19 is being rejected on the same basis as claim 6.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Capurso et al. (US 10853795 B1), Schok (US 20210224774 A1) and Khan et al. (US 20140019367 A1), as applied to claim 13 above, and further in view of Maheshwari et al. (US 20180293584 A1), hereinafter Maheshwari, and Castinado et al. (US 20170061422 A1), hereinafter Castinado.
Regarding claim 20, Capurso, Schok, Khan and Maheshwari disclose all the claimed subject matter recited in claim 19 above.
Capurso does not explicitly disclose the non-transitory computer readable medium, wherein the procedures further comprise the steps of re-syncing the wearable device.
However, Castinado teaches a system and method for maintaining authentication of a user of a wearable device (see abstract), wherein the procedures further comprise the steps of re-syncing the wearable device (completing execution of a transaction is based on at least determining that the transaction is within the one or more limits and that the user continues to remain in possession of the wearable device from the first time; the system may determine that the user has not been in continual possession of the wearable device from the first time; and, in response, the system may request additional authentication credentials from the user to re-authenticate the user – see [0048]; see also [0038], [0047], [0055] and [0060-62]; examiner’s note: the wearable device is first authenticated when the user first adorns it (puts it on) and continuous possession is determined based on sensor readings of biometric traits (e.g., heart rate, blood pressure, gait, etc.); once it is determined that the wearable device is not in possession of the user, the wearable device would have to be re-authenticated in order to perform any transactions).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the computer-readable medium in Capurso to include wherein the procedures further comprise the steps of re-syncing the wearable device, as taught by Castinado. One would have been motivated to make such a combination because the pre-authentication and possession monitoring of the wearable device provides the merchant with an increased level of confidence and thus reducing the likelihood of misrepresentation, as recognized by Castinado (see [0041]).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Capurso et al. (US 10853795 B1), Schok (US 20210224774 A1) and Khan et al. (US 20140019367 A1), as applied to claim 7 above, and further in view of Castinado et al. (US 20170061422 A1), hereinafter Castinado, and Tang et al. (US 20130331029 A1), hereinafter Tang.
Regarding claim 21, Capurso, Schok and Khan disclose all the claimed subject matter recited in claim 7 above.
Capurso, Schok and Khan do not explicitly teach the method, wherein the desyncing event comprises at least one selected from the group of taking the wearable device off of a user, passing of a predetermined amount of time, the wearable device leaving a certain geographic area, the card emulation reaching a certain number of uses, transactions, or payments, and a manual desyncing of the contactless card.
However, Castinado teaches the method, wherein the desyncing event comprises at least one selected from the group of taking the wearable device off of a user (“user has not been in continual possession of the wearable device”), passing of a predetermined amount of time (“time limit”), the wearable device leaving a certain geographic area (“geographic location”), the card emulation reaching a certain number of uses, transactions, or payments (“spending limit”, “transaction amounts”, “transaction numbers” or “threshold on a number of transactions”) (setting limits associated with execution of one or more transactions using the wearable device, wherein the one or more limits comprise at least a spending limit, a threshold on a number of transactions, a time limit, a merchant category, a product category, and/or a geographic location – see [0010]; the wearable device themselves, or the user accounts, individual users, tokens associated with the wearable device, or the like associated with the user, may have limitations that limit the transactions that the users may enter into using the wearable device including limiting the transactions of the user to a single merchant, a group of multiple merchants, merchant categories, single products, a group a products, product categories, transaction amounts, transaction numbers, geographic locations, or other like limits – see [0042]).
Castinado fails to explicitly disclose a manual desyncing of the contactless card.
However, Tang discloses a near field communications (NFC) device that interacts with other NFC devices to exchange information/data; the NFC device can include a plurality of secure elements each configured to store one or more card emulation instances (see abstract) and discloses a manual desyncing of the contactless card (various card emulation instances can be created, modified, and/or deleted by a user via the user interface 650 – see [0073]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method in Capurso to include wherein the desyncing event comprises at least one selected from the group of taking the wearable device off of a user, passing of a predetermined amount of time, the wearable device leaving a certain geographic area, the card emulation reaching a certain number of uses, transactions, or payments, as taught by Castinado; and, to include a manual desyncing of the contactless card, as taught by Tang. One would have been motivated to make such a combination to provide an increased level of confidence and thus reducing the likelihood of misrepresentation, as recognized by Castinado (see [0041]); and to enable users to establish priorities and preferences, as recognized by Tang (see [0048-49]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Eya et al. (2016): Secure Mutual Self-Authenticable Mechanism for Wearable Devices discloses a secure point-to-point self-authentication mechanism that involves device to device interaction, exploiting existing standards and frameworks like NFC, PPP, EAP etc. in order to achieve a device compatible secure authentication protocol amongst wearable device and supporting devices.
Lee et al. (2014, November): A User-Friendly Authentication Solution Using NFC Card Emulation on Android discloses a secure implementation using a digital signature algorithm to authenticate user identities, bringing usability and convenience to the authentication scheme by taking advantage of the increasingly widespread mobile devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DORIANNE ALVARADO DAVID whose telephone number is (571)272-4228. The examiner can normally be reached 9:00am-5:00pm ET.
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/DORIANNE ALVARADO DAVID/Examiner, Art Unit 2499 /PHILIP J CHEA/Supervisory Patent Examiner, Art Unit 2499
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