DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner Comments
This action is responsive to applicant’s response/amendment filed on 01/02/2026. Of the claims 1 and 3-21 presented, the amendment amended the claims 1, 8, 12, and 18, added a new claim 21 and deleted the claim 2. Therefore, the claims 1 and 3-21 are pending.
After careful consideration of applicant’s amendments and arguments, new ground of rejections of claims necessitated by applicant amendment has been established in the instant application as set forth in detail below. Applicant's arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longa, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a non-statutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1 and 3-21 of instant application are rejected on the ground of non-statutory double patenting over claims U. S. Patent No. 10,970,691, U.S. Patent No. 11,514,416, and U.S. Patent No. 11,935,017, since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: system and method for programming a transaction card.
As per claims 1, 12 and 20 of the instant application, claims of patent ‘691, patent ‘416 and patent ‘017 teach following common limitations:
“receive transaction card data; create, with the antenna, a wireless connection between the user device and a transaction card; transmit, via the wireless connection, the transaction card data and instructions to store the transaction card data in a secure element of the transaction card; receive, via the wireless connection, a response from the reprogrammable transaction card; and the transaction card comprising: a secure element configured to store the transaction card data; and receive, via the wireless connection, the transaction card data and the instructions to store the transaction card data; store the transaction card data in the secure element based on the instructions; and transmit, via the wireless connection, a response to the instructions, the response comprising a confirmation of storing the transaction card data.”
The instant claims do not recite limitation: “deactivate, with the NFC chip and the one or more processors, the wireless connection between the user device and the reprogrammable transaction card based on the response.”
The parent patents do not recite limitations of “ “transmit, via the at least one of the one or more card antennas, a response to the new transaction card data, the response confirming the use of the new transaction card data”, “transmit, via the wireless connection, a response to the user device, the response comprising a confirmation of storing the new data”, and “transmit, via the at least one of the one or more antennas, a response to the user device confirming the use of the new data.”
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 3-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself. Examples of abstract ideas include fundamental economic practices; certain methods of organizing human activities; an idea itself; and mathematical relationships/formulas. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. ____ (2014).
In the instant case, Claims 1 and 3-21 are directed to system and method for receive new data generated by a user device, transmit a response to the new transaction card data, and the response confirming the use of the new transaction card data. The claims 1 and 3-21 are analyzed to see if claims are statutory category of invention, recites judicial exception and the claims are further analyzed to see if the claims are integrated into practical application if the judicial exception is recited and the claims provides an inventive as per 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) and October 2019 Update: Subject Matter Eligibility as set forth below:
Analysis:
Step 1: Statutory Category? This part of the eligibility analysis evaluates whether the claim falls within any statutory category. MPEP 106.03.
Claim 1 is are directed to a system comprising memory and a processor, for transmitting and storing transaction data. The claimed system is therefore directed to a statutory category, i.e., a machine (a combination of device) (Step 1: YES).
Claims 12 and 18 is directed to method of generating and transmitting a new transaction card data which is a statutory category of invention (Step 1: YES).
Step 2A - Prong 1: Judicial Exception Recited? This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04(II) and the October 2019 Update, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim. There are no nature- based product limitations in this claim, and thus the markedly different characteristics analysis is not performed. However, the claim still must be reviewed to determine if it recites any other type of judicial exception.
Claims 1, 12 and 18 are similar and they are then analyzed to determine whether it is directed to a judicial exception. The claim recite plurality of steps of “generating new card data comprising a new transaction card number, and establishing a wireless connection between a user device and a transaction card.”
The limitations of generating new card data comprising a new transaction card number, and establishing a wireless connection between a user device and a transaction card, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind similar to Mortgage Grader, Inc., v. First Choice Loan Servcs. with computer implemented method and system for anonymous shopping loan packages but for the recitation of generic computer components. That is, other than reciting “memory in communication with the one or more card processors and storing instructions that, when executed,” and nothing in the claim element precludes the step from practically being performed in the mind and thus fall within the “mental processes” grouping of abstract idea set forth in the 2019 PEG. 2019 PEG Section I, 84 Fed. Reg. at 52. For example, but for the “to cause the one or more processors to” ” language, “generating new card data comprising a new transaction card number, and establishing a wireless connection between a user device and a transaction card,” in the context of this claim encompasses the user manually performing the recited steps.” The recitation of a processor in this claim does not negate the mental nature of these limitations because the claim here merely uses the processor as a tool to perform the otherwise mental processes. See October Update at Section I(C)(ii). Thus, the above limitations of recite concepts that fall into the “mental process” grouping of abstract ideas. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas (YES).
Step 2A - Prong 2: Integrated into a Practical Application? This part of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception into a practical application of the exception. This evaluation is performed by (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (b) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. 2019 PEG Section III(A)(2), 84 Fed. Reg. at 54-55.
Besides the abstract idea as described in Prong 1, the claim recites the additional elements of performing “receiving the new card data to be used by the transaction card in completing transactions; processing the new card data using the one or more processors; transmitting, via the wireless connection, a response to the user device confirming the storing of the new card data.” The order combination elements of the claim is integrated into a practical application by technically reprogramming the reprogrammable new transaction card using a user device’s NFC components wirelessly communicating with the microprocessor embedded chip in the reprogrammable transaction card allowing the transaction card to be reprogrammed, and ready for immediate and secure use (see paragraph [0008-0010]) and accepting or rejecting replacement of new card transaction data while sending response with confirmation to instructions to store a new card data thereby providing a technical solution to problem of cardholder requiring to physically visit a location associated with the account provider to receive a new card or request a new card to be delivered to the cardholder's address and cardholder may unable to visit the location associated with account provider or unable to wait the number of days until a new card is delivered (see paragraph [0003-0004, 0010]). The claims are eligible because they do not recite a judicial exception as per 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) and October 2019 Update of Subject Matter Eligibility (YES).
Step 2B: Claim provides an Inventive concept? – Not Applicable.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-4 and 6-20 is rejected under 35 U.S.C. 103 as being unpatentable over Loh et al., U.S. Pub No. 2009/0143104 (reference A in PTO-892) in view of Liu et al., International Patent Publication No. WO 2012/151226 (reference N in attached PTO-892).
As per claim 1, Loh et al. teach a system comprising:
a user device comprising: one or more user device processors; one or more user device antennas (see Fig. 1 and 2, Mobile/Cellular Phone with Bluetooth (108); paragraph [0039, 0043]; where wireless/mobile device comprises processor and antenna/Bluetooth for wireless communication);
non-transitory device memory in communication with the one or more device processors and storing instructions that, when executed, cause the user device to:
generate new transaction card data for storage in a secure portion of a non-transitory card memory of a transaction card, the new transaction card data comprising a new transaction card authentication code (see paragraph [0048, 0061-0063]; where smart card securely store new card data and dynamically authenticate user based on new authentication data); and
receive, via the at least one of the one or more user device antennas, a response from the transaction card (see Fig. 2, paragraph [0056]; where details of transactions such as e-Ticketing or contactless payment is transmitted/communicated by to the transaction/contactless card for review or verification by the user/customer);
a transaction card (see Fig.1, Wireless Smart Card (104) comprising: one or more card antennas (see Fig. 1, NFC Antenna (130), Personal Area Network (PAN) Antenna (126): see paragraph [0035]);
the one or more card processors (see Fig. 1, Logic and Communication Processing Control (136)/Processor: Fig. 10, Logic/Controller: Microprocessor (304): (paragraph [0036]); and
non-transitory card memory in communication with the one or more card processors and storing instructions that, when executed (see paragraph [0035]), cause the transaction card to:
receive, via at least one of the one or more card antennas, the new transaction card data (see Fig. 2, Wireless Smart Card (104) -> NFC Antenna (130) -> Contactless Payment Terminal (112a); PAN Antenna (126), Mobile Phone/User Device (108) -> Cellular Network (116) -> Transaction Processing Center (120): paragraph [0044-0045]; where transaction card receives new transaction information from mobile/user device sent from transaction processing center);
store the new transaction card data in the secure portion of the non-transitory card memory (see Fig. 2: paragraph [0045]); where transaction information in wireless smart card 104); and
transmit, via the at least one of the one or more card antennas, the response to the new transaction card data, the response confirming the storage of new transaction card data (see Fig. 2, paragraph [0055]; where details of transactions such as e-Ticketing or contactless payment is transmitted/communicated by to the transaction/contactless card for review or verification by the user/customer).
Loh et al. do not teach generate new transaction card data comprising a new transaction card number, a new transaction card expiration date; transmit, via at least one of the one or more user device antennas, the new transaction card data to the transaction card.
Liu et al. teach non-transitory device memory in communication with the one or more device processors and storing instructions that, when executed, cause the user device to:
generate new transaction card data comprising a new transaction card number, a new transaction card expiration date, and a new transaction card authentication code (see paragraph [0002 and 0015-0016]); transmit, via at least one of the one or more user device antennas, the new transaction card data to the transaction card; and receive, via the at least one of the one or more user device antennas, a response from the transaction card (see Fig. 7, paragraph [0032-0033]; where mobile communicating communication device transmits magnetic strip data including card number, name, expiration number to communication interface of reprogrammable magnetic strip card).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention add generate new transaction card data comprising a new transaction card number, a new transaction card expiration date, and a new transaction card authentication code; transmit, via at least one of the one or more user device antennas, the new transaction card data to the transaction card of Loh et al. et al. because Liu et al. teach including above features would enable transfer generated and stored magnetic store information associated with selected account via wireless connection between mobile communication device and communication interface of the magnetic strip card and perform magnetic strip-based transaction (704) by swiping the though a magnetic strip reader (Liu et al., Fig. 7: paragraph [0026, 0034]).
As per claim 3, Loh et al. teach claim 1 as described above. Loh et al. further teach the system, wherein the one or more processors are further configured to:
receive one or more authentication factors from a user, wherein: the one or more authentication factors comprising a password, a personal identification number (PIN), a biometric identifier, or combinations thereof, and the biometric identifier comprises facial recognition, voice recognition, a fingerprint, or combinations thereof (see Fig. 16: One Time Password (OTP): paragraph [0083]).
As per claim 4, Loh et al. teach claim 1 as described above. Loh et al. further teach the system, wherein
the new transaction card data to be used in completing transactions allows for the transaction card to use the new transaction card data for Europay- MasterCard-Visa commercial transactions (see paragraph [0005, 0083]; where contactless wireless card transaction includes Mastercard (Paypass) , Visa commercial transactions).
As per claim 6, Loh et al. teach claim 1 as described above. Loh et al. further teach the system, wherein the new transaction card data comprises
a new transaction card number, a new transaction card expiration date, a new transaction card authentication code, new transaction card display data, a new transaction card balance, a new transaction card spending limit, a new transaction card rate, or combinations thereof (see paragraph [0062-0063]; where transaction card stores password accessed through the user mobile device).
As per claim 7, Loh et al. teach claim 1 as described above. Loh et al. further teach the system, wherein:
the at least one of the one or more card antennas are used to create a wireless connection, and the wireless connection comprises an NFC connection (see abstract, Fig. 2, NFC Antenna (130), Wireless Smart Card (104), Contactless Payment Terminal (1121)/NFC Transponder smart Poster (112b)/Other NFC Device (112c): paragraph [0040, 0043]; where transaction/wireless smart card makes wireless connection to contactless payment terminal other device NFX antenna of the transaction card).
As per claim 8, Loh et al. teach claim 1 as described above. Loh et al. further teach the system, wherein
the one or more card processors are further configured to:
receive first instructions to delete at least a portion of existing transaction card data securely stored in the non-transitory card memory of the transaction card (see paragraph [0033 and 0043]; where secure personal credentials and monetary values received from external devices are modified/deleted from the reprogrammable transaction card); and
delete at least the portion of existing transaction card data securely stored in the non-transitory card memory of the transaction card (see paragraph [0033, 0043, 0049 and 0053]; where secure personal credentials and monetary values received from external devices are modified/deleted from the reprogrammable transaction card).
As per claim 9, Loh et al. teach claim 8 as described above. Loh et al. further teach the system, wherein the existing transaction card data includes at least one of:
a transaction card number, a transaction card expiration date, a transaction card authentication code, transaction card display data, a transaction card balance, a transaction card spending limit, a transaction card rate, or combinations thereof (see Fig. 3, Display (308); Fig. 16 and 17, LED (1712): paragraph [0048, 0083]; where one time password received (OTP) from the user mobile device and stored in transaction smart card is displayed by the card).
As per claim 10, Loh et al. teach claim 1 as described above. Loh et al. further teach the system, wherein the user device further comprises
an input/output interface, and wherein the input/output interface comprises an embedded NFC chip (see Fig. 13, Other NFC Device (112c)).
As per claim 11, Loh et al. teach claim 1 as described above. Loh et al. further teach the system, wherein the one or more user device processors are further configured to:
receive, at an input/output interface, one or more authentication factors from a use (see paragraph [0048, 0062]; where biometric information and one time password is set up/configured in the card via the user interface); and
determine that the one or more authentication factors match one or more stored authentication factors, wherein transmitting the new transaction card data to the transaction card is in response to determining that the one or more authentication factors match the one or more stored authentication factors (see Fig.3, Biometric Sensor/Fingerprint (316) paragraph [0048,0083]; where the transaction is configured by storing user biometric information and biometric information finger printing in sensor is matched at later time in authenticating the user).
As per claim 12, Loh et al. teach a method comprising: transmitting, via the wireless connection, a response to the user device, the response comprising a confirmation of storing the new transaction card data (see Fig. 2, paragraph [0055]; where details of transactions such as e-Ticketing or contactless payment is transmitted/communicated by to the transaction/ contactless card for review or verification by the user/customer).
Loh et al. do not teach generating new transaction card data for storage in a secure portion of anon-transitory card memory of a contactless transaction card, the new transaction card data comprising a new transaction card number, a new transaction card expiration date, and a new transaction card authentication code; establishing, via one or more card antennas, a wireless connection between the user device and a transaction card; receiving, via the wireless connection at the transaction card, the new transaction card data and first instructions to store the new transaction card data; storing the new transaction card data in the non-transitory memory based on the first instructions.
Liu et al. teach generating new transaction card data for storage in a secure portion of anon-transitory card memory of a contactless transaction card, the new transaction card data comprising a new transaction card number, a new transaction card expiration date, and a new transaction card authentication code (see paragraph [0002 and 0015-0016]); establishing, via one or more card antennas, a wireless connection between the user device and a transaction card; receiving, via the wireless connection at the transaction card, the new transaction card data and first instructions to store the new transaction card data; and storing the new transaction card data in the non-transitory memory based on the first instructions (see Fig. 7, paragraph [0032-0033]; where mobile communicating communication device transmits magnetic strip data including card number, name, expiration number to communication interface of reprogrammable magnetic strip card)
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention generating new transaction card data for storage in a secure portion of anon-transitory card memory of a contactless transaction card, the new transaction card data comprising a new transaction card number, a new transaction card expiration date, and a new transaction card authentication code; establishing, via one or more card antennas, a wireless connection between the user device and a transaction card; receiving, via the wireless connection at the transaction card, the new transaction card data and first instructions to store the new transaction card data; storing the new transaction card data in the non-transitory memory based on the first instructions of Loh et al. et al. because Liu et al. teach including above features would enable transfer generated and stored magnetic store information associated with selected account via wireless connection between mobile communication device and communication interface of the magnetic strip card and perform magnetic strip-based transaction (704) by swiping the though a magnetic strip reader (Liu et al., Fig. 7: paragraph [0026, 0034]).
As per claim 13, Loh et al. teach claim 12 as described above. Loh et al. further teach the transaction card, wherein
the wireless connection comprises a near-field communication (NFC) connection (see abstract, Fig. 2, NFC Antenna (130), Wireless Smart Card (104), Contactless Payment Terminal (1121)/NFC Transponder smart Poster (112b)/Other NFC Device (112c): paragraph [0040, 0043]; where transaction/wireless smart card makes wireless connection to contactless payment terminal other device NFX antenna of the transaction card).
As per claim 14, Loh et al. teach claim 12 as described above. Loh et al. further teach the transaction card, wherein
the new data comprises a transaction card number, a transaction card expiration date, a transaction card authentication code, transaction card display data, a transaction card balance, a transaction card spending limit, a transaction card rate, a cardholder name, or combinations thereof (see paragraph [0062-0063]; where transaction card stores password accessed through the user mobile device).
As per claim 15, Loh et al. teach claim 12 as described above. Loh et al. further teach the transaction card, wherein
the memory stores further instructions that cause the transaction card to delete at least a portion of stored data, the stored data comprising: a transaction card number, a transaction card expiration date, a transaction card authentication code, transaction card display data, a transaction card balance, a transaction card spending limit, a transaction card rate, or combinations thereof (see paragraph [0033 and 0043]; where secure personal credentials and monetary values received from external devices are modified/deleted from the reprogrammable transaction card).
As per claim 16, Loh et al. teach claim 12 as described above. Loh et al. further teach the transaction card, wherein:
the memory stores further instructions that cause the transaction card to encrypt data stored on the transaction card, including the new data, and further comprising a display to display the new data (see paragraph [0049 and 0053]; where communicated transaction data are encrypted to secure to secure transactions between user mobile device and the transaction card).
As per claim 17, Loh et al. teach claim 12 as described above. Loh et al. further teach the transaction card, wherein
the transaction card encrypts the response (see paragraph [0049 and 0053]).
As per claim 18, Loh et al. teach a method comprising transmitting, via the wireless connection, a response to the user device confirming the storage of the new card data (see Fig. 2, paragraph [0055]; where details of transactions such as e-Ticketing or contactless payment is transmitted/communicated by to the transaction/ contactless card for review or verification by the user/customer); and storing the new card data in the secure portion of the non-transitory memory of the transaction card (see paragraph [0048, 0061-0063]; where smart card securely store new card data and dynamically authenticate user based on new authentication data);
Loh et al. do not teach generating new card data for storage in a secure portion of anon-transitory card memory of a transaction card, the new card data comprising a new transaction card number, a new transaction card expiration date, and a new transaction card authentication code, establishing a wireless connection between a user device and a transaction card; receiving, via the wireless connection, the new card data to be used by the transaction card in completing transactions; processing the new card data using the one or more processors.
Liu et al. teach generating new card data for storage in a secure portion of anon-transitory card memory of a transaction card, the new card data comprising a new transaction card number, a new transaction card expiration date, and a new transaction card authentication code (see paragraph [0002 and 0015-0016]); establishing a wireless connection between a user device and a transaction card; receiving, via the wireless connection, the new card data to be used by the transaction card in completing transactions; processing the new card data using the one or more processors (see Fig. 7, paragraph [0032-0033]; where mobile communicating communication device transmits magnetic strip data including card number, name, expiration number to communication interface of reprogrammable magnetic strip card).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention include generating new card data for storage in a secure portion of anon-transitory card memory of a transaction card, the new card data comprising a new transaction card number, a new transaction card expiration date, and a new transaction card authentication code, establishing a wireless connection between a user device and a transaction card; receiving, via the wireless connection, the new card data to be used by the transaction card in completing transactions; processing the new card data using the one or more processors of Loh et al. et al. because Liu et al. teach including above features would enable transfer generated and stored magnetic store information associated with selected account via wireless connection between mobile communication device and communication interface of the magnetic strip card and perform magnetic strip-based transaction (704) by swiping the though a magnetic strip reader (Liu et al., Fig. 7: paragraph [0026, 0034]).
As per claim 19, Loh et al. teach claim 18 as described above. Loh et al. further teach the method, wherein
processing the new data allows for the transaction card to use the new data to complete Europay-MasterCard-Visa commercial transactions (see paragraph [0005, 0083]; where contactless wireless card transaction includes Mastercard (Paypass) , Visa commercial transactions)..
As per claim 20, Loh et al. teach claim 18 as described above. Loh et al. further teach the method, wherein
the one or more antennas receive and transmit using a near-field communication (NFC) connection (see abstract, Fig. 2, NFC Antenna (130), Wireless Smart Card (104), Contactless Payment Terminal (1121)/NFC Transponder smart Poster (112b)/Other NFC Device (112c): paragraph [0040, 0043]; where transaction/wireless smart card makes wireless connection to contactless payment terminal other device NFX antenna of the transaction card).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Loh et al., U.S. Pub No. 2009/0143104 (reference A in PTO-892) in view of Liu et al., International Patent Publication No. WO 2012/151226 (reference N in attached PTO-892) in view of Kirkham, U.S. Pub No. 2014/0084058 (reference B in attached PTO-892).
As per claim 5, Loh et al. teach claim 2 as described above. Loh et al. further teach the system, wherein:
the one or more user device processors are configured to receive at least one of:
a user- initiated notification or a third-party system initiated notification,
the user-initiated notification includes a notification received via the user device to reprogram the transaction card, and
the third-party system initiated notification comprises a fraudulent transaction notification from an account provider system, a declined transaction notification from a merchant system, an account expiration notification from the account provider system, a PIN change notification from the account provider system, or combinations thereof.
Loh et al. do not teach the one or more user device processors are configured to receive at least one of: a user- initiated notification or a third-party system initiated notification, the user-initiated notification includes a notification received via the user device to reprogram the transaction card, and the third-party system initiated notification comprises a fraudulent transaction notification from an account provider system, a declined transaction notification from a merchant system, an account expiration notification from the account provider system, a PIN change notification from the account provider system, or combinations thereof.
Kirkham teaches the one or more user device processors are configured to receive at least one of: a user- initiated notification or a third-party system initiated notification, the user-initiated notification includes a notification received via the user device to reprogram the transaction card (see paragraph [0048; where user request to replace transaction card by new transaction card (see Fig. 3: paragraph {0048]).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the one or more user device processors are configured to receive at least one of: a user- initiated notification or a third-party system initiated notification, the user-initiated notification includes a notification received via the user device to reprogram the transaction card of Loh et al. et al. because Kirkham teaches including above features would enable to generate new ID value from information received by processing module and replace existing ID for existing record (Kirkham, paragraph [0026, 0034]).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Loh et al., U.S. Pub No. 2009/0143104 (reference A in PTO-892) in view of Liu et al., International Patent Publication No. WO 2012/151226 (reference N in attached PTO-892) in view of Mullen, U.S. Pub No. 2008/0302876 (reference C in attached PTO-892).
As per claim 21, Loh et al. teach claim 18 as described above.
Loh et al. do not teach the new card data is generated at least in part using a pseudorandom number generator.
Mullen teaches the new card data is generated at least in part using a pseudorandom number generator (see abstract, paragraph [0019 and 0024]).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the new card data is generated at least in part using a pseudorandom number generator of Loh et al. et al. because Mullen teaches including above features would enable to send pseudorandom number to and receive random number from authorization facility enabling to remove noise and protect from copying and used at a later time (Mullen, abstract; paragraph [0019 and 0024]).
Response to Arguments
New ground of rejections of claims necessitated by applicant amendment after careful consideration of applicant’s amendments and arguments has been established in the instant application as set forth above. Applicant's arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosures. The following are pertinent to current invention, though not relied upon:
Bartenstein et al. (U.S. Pub No. 2015/0073983) teach controlling reprogrammable payment card.
Graef et al. (U.S. Pub No. 2013/0146657) teach banking system controlled responsive to data from bearing records
Grillion (U.S. Pub No. 2008/0099552) teaches wireless authorization to a payment card.
Hazel et al. (U. S. Pub No. 2007/0276765) teach secured transactions.
Jooste et al. (U.S. Pub No. 2015/0113271) teach re-programmable cryptographic device.
Lee et al. (WO 99/10824) teach fast smart card transactions based on authentication.
Ramaci (U.S. Pub No. 2013/0311363) teaches dynamically reprogrammable transaction card.
Saush (WordPress 2006) discloses getting information from an EMV chip card with Java.
Spitzer et al. (U.S. Pub No. 2005/0269402) teach securing financial transactions.
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Respectfully submitted,
/BIJENDRA K SHRESTHA/Primary Examiner, Art Unit 3691 01/24/2026