Prosecution Insights
Last updated: April 19, 2026
Application No. 18/601,618

VIRTUAL CREDENTIAL TO SUPPORT CONTINUITY FOLLOWING MIGRATION OF A DEACTIVATED CREDENTIAL

Non-Final OA §101
Filed
Mar 11, 2024
Examiner
BUNKER, WILLIAM B
Art Unit
3691
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Capital One Services LLC
OA Round
3 (Non-Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
171 granted / 216 resolved
+27.2% vs TC avg
Strong +94% interview lift
Without
With
+94.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
24 currently pending
Career history
240
Total Applications
across all art units

Statute-Specific Performance

§101
42.4%
+2.4% vs TC avg
§103
48.6%
+8.6% vs TC avg
§102
2.9%
-37.1% vs TC avg
§112
3.4%
-36.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 216 resolved cases

Office Action

§101
DETAILED ACTION 1. The present application, filed on or after March 13, 2013, is being examined under the first inventor to file provisions of the AIA . This is a regular utility patent application with no claim of priority. Response to Amendment 2.. An RCE with accompanying Amendment was filed January 20, 2026 (hereinafter “Amendment”) and has been entered into the record and fully considered. The Amendment was filed in response to a Final Rejection dated December 3, 2025. No Rejection under §103 is pending, having been withdrawn in the Final Rejection. However, despite the Amendment to the Claims and Applicant’s remarks, the Rejection under §101 as set forth in the Final Rejection is hereby maintained. Moreover, the Examiner requests a follow up interview to discuss the issues under §101. Please use the AIR form at the Conclusion of this Action for scheduling an interview. Applicant should note that the features of at least para. 0015 of the specification and the dependent Claims 3 – 8, if claimed with specificity, may provide eligible subject matter. While the previous interview was helpful, the Amendment does not adequately reflect the solution to a technical problem, as explained below in more detail. An explanation of the maintained Rejection and a response to Applicant’s arguments are set forth below. Please see the “Conclusion” section of this Action below for important information regarding responding to this Action. Status of the Claims: Claims 1 and 9 and 15 are independent and were amended in substantially identical fashion. The dependent Claims were not amended. Therefore, the following explanation of the maintained rejection under §101 with regard to Claim 1 is considered explanatory of the Rejection as a whole. With regard to the Amendment: Claim 1 was amended as follows: PNG media_image1.png 717 676 media_image1.png Greyscale PNG media_image2.png 382 631 media_image2.png Greyscale Summary of the Amendment and Broadest Reasonable Interpretation: Claim terminology is to be given its plain and ordinary meaning to a person of ordinary skill in the art, consistent with the specification. This is true, unless the terms are given a special meaning. See MPEP §2111.01 Here, no special meaning is detected. The terms appear to be given their plain and ordinary meaning. Paragraph 0016 refers to a simple “cross-reference file” and 0018 refers to storage of that file. With regard to §101: Respectfully, while the Claim has been amended in a good faith manner, its limitations are recited at a very high level of generality and not with specificity. Only the broad concepts of a “cross-reference” file are recited. The file is stored. An interface is used to “display” information. These are things that computers do well and very commonly every day, in fact every micro-second of every day. The Claim does not specifically reflect the solution to a technical problem or specifically “how” that problem is solved, in spite of the fact that the specification refers to such a problem/solution scenario: “[0014]In this way, the authorized users can then use the physical transaction devices associated with the primary credentials to enter into transactions at the sponsoring merchant, which may allow the authorized users to earn merchandise discounts, points, rewards, or other benefits in a similar manner as the deactivated PLCC. In addition, because the new primary credentials are associated with a transaction card association or credit card network, the primary credentials can be used to enter into a transaction at any merchant that accepts payment credentials associated with the transaction card association or credit card network. However, in some cases, users associated with the deactivated PLCCs may present their deactivated physical transaction devices for in-person transactions in a post-conversion or post-migration time period. For example, some users may forget to bring the physical transaction device associated with the new primary credential and/or may not be aware that the deactivated PLCC was migrated or converted to the new primary credential. In such cases, presenting the deactivated physical transaction device at a transaction terminal in an attempt to enter into a transaction may result in various technical issues. For example, when the transaction is attempted, various network and system resources are consumed when authorization for the transaction is requested and ultimately declined. In addition, declined transaction incidents may lead to calls or inquiries to customer service personnel to resolve confusion about the declined transaction. [0015]Accordingly, in order to conserve the system and/or network resources that may be consumed when a user presents a deactivated physical transaction device after an account associated with the deactivated physical transaction device has been migrated or converted to a primary account associated with a transaction card association or credit card network (e.g., from a PLCC to a co-branded credit card), the transaction backend system may generate a unique limited use virtual credential associated with each account to temporarily allow authorized users to enter into in-person transactions using the deactivated physical transaction device. For example, in some implementations, the limited use virtual credential associated with each account may be bound to the merchant that issued the deactivated physical transaction device, such that the deactivated physical transaction devices can only be used to enter into in-person transactions at transaction terminals associated with the merchant bound to the virtual credentials. Furthermore, in some implementations, the virtual credentials may be associated with one or more additional parameters that limit when and/or how many times the deactivated physical transaction devices can be presented for in-person transactions. For example, in some implementations, the virtual credentials may have a limited validity period, such as 60 days or another suitable time period, and/or may be limited to a quantity of transactions (e.g., may be automatically disabled after the limited validity period has elapsed and/or the virtual credentials have been used to enter into the configured quantity of transactions). In addition, to reduce a fraud risk, the virtual credential associated with each deactivated credential may be associated with a policy that the virtual credential will not be reissued if deactivated, lost, stolen, or associated with a fraud report.” (Emphasis Added) These are important limitations which define “how” the technical problems are solved in a technical manner, while ensuring the security of the transaction. However, with the present Amendment, it is not clear how these solutions are reflected. It does not appear that they are. The limitations recited are conceptual and high level. Mere broad ideas such as a cross-reference file and storing that file and displaying information on an interface are highly abstract. No new computerized components are recited. Only the broad idea or result of the outcome is recited in the Claim. Thus, the amendments to the Claim do not alter the analysis set for the Non-Final Rejection regarding §101. The Claim merely recites a series of steps, some of which could be performed in the human mind. Receiving data and making determinations based upon looking up other data are among the most common computerized functions. Taking the claim elements separately, the function performed by the computer elements at each step of the process is purely typical of processing identifiers for authentication purposes. Without greater specificity as to “how” certain functions solve a technical problem, the currently recited limitations can be achieved by any general purpose computer without special programming. In short, each step does no more than require a generic computer to perform generic computer functions. Considered as an ordered combination, the computer components of the Claim add nothing that is not already present when the steps are considered separately. Claim 1 does not, for example, purport to improve the functioning of the computer elements nor does the claim reflect how an improvement in any other technology or technical field is achieved. Thus, Claim 1 amounts to nothing significantly more than instructions to “apply” the abstract idea of using a virtual credential to limit declines at the POS. Such is not sufficient to integrate a practical application in the abstract idea. Accordingly, the Rejection is maintained. Response to Arguments 3. Applicant's arguments set forth in the Remarks section of the Amendment have been fully considered but they are not persuasive. With regard to section 101 rejection, Applicant states the following: PNG media_image3.png 300 646 media_image3.png Greyscale The Examiner’s interview summary, however, points that these features must be “claimed with specificity” AND that “the claim be amended to more clearly refer to computer components and to reflect in the claim how the claimed system was solving the technical problem of declines at the POS.” In the Amendment, Applicant has not done so. In fact, Applicant barely did more than copy and paste the two features quoted in the Examiner’s interview summary. Greater specificity is required. An interview is strongly suggested. The Rejection is maintained. Conclusion 4. Applicant should carefully consider the following in connection with this Office Action: A. Search and Prior Art The search conducted in connection with this Office Action, as well as any previous Actions, encompassed the inventive concepts as defined in the Applicant’s specification. That is, the search(es) included concepts and features which are defined by the pending claims but also pertinent to significant although unclaimed subject matter. Accordingly, such search(es) were directed to the defined invention as well as the general state of the art, including references which are in the same field of endeavor as the present application as well as related fields (e.g. co-branded credit cards). Indeed, there is a plethora of prior art in these fields. Therefore, in addition to prior art references cited and applied in connection with this and any previous Office Actions, the following prior art is also made of record but not relied upon in the current rejection: U.S. Patent Publication No. 2009/0119756 to Acuna et al. This reference relates to the concept of using a virtual credential for verification. U.S. Patent Publication No. 2015/0058227 to Dua. This reference relates to the concept of authorization for a transaction using a virtual credential. B. Responding to this Office Action In view of the foregoing explanation of the scope of searches conducted in connection with the examination of this application, in preparing any response to this Action, Applicant is encouraged to carefully review the entire disclosures of the above-cited, unapplied references, as well as any previously cited references. It is likely that one or more such references disclose or suggest features which Applicant may seek to claim. Moreover, for the same reasons, Applicant is encouraged to review the entire disclosures of the references applied in the foregoing rejections and not just the sections mentioned. C. Interviews and Compact Prosecution The Office strongly encourages interviews as an important aspect of compact prosecution. Statistics and studies have shown that prosecution can be greatly advanced by way of interviews. Indeed, in many instances, during the course of one or more interviews, the Examiner and Applicant may reach an agreement on eligible and allowable subject matter that is supported by the specification. Interviews are especially welcomed by this examiner at any stage of the prosecution process. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool (e.g. TEAMS). To facilitate the scheduling of an interview, the Examiner requests either a phone call at the number set forth below or the use of the AIR form as follows: USPTO Automated Interview Request http://www.uspto.gov/interviewpractice. Other forms of interview requests filed in this application may result in a delay in scheduling the interview because of the time required to appear on the Examiner's docket. Thus, he use of the AIR form is strongly encouraged. D. Communicating with the Office Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM BUNKER whose telephone number is (571)272-0017. The examiner can normally be reached on M - F 8:30AM - 5:30PM, Pacific. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abhishek Vyas, can be reached at 571-270-1836. Information regarding the status of an application, whether published or unpublished, may be obtained from the “Patent Center” system. For more information about the Patent Center system, see https://patentcenter.uspto.gov/ /William (Bill) Bunker/ U.S. Patent Examiner AU 3691 (571) 272-0017 - office william.bunker@uspto.gov March 4, 2026 /ABHISHEK VYAS/Supervisory Patent Examiner, Art Unit 3691
Read full office action

Prosecution Timeline

Mar 11, 2024
Application Filed
Jul 05, 2025
Non-Final Rejection — §101
Aug 29, 2025
Interview Requested
Sep 12, 2025
Examiner Interview Summary
Sep 24, 2025
Response Filed
Nov 28, 2025
Final Rejection — §101
Nov 30, 2025
Interview Requested
Dec 02, 2025
Examiner Interview Summary
Jan 20, 2026
Request for Continued Examination
Feb 18, 2026
Response after Non-Final Action
Mar 05, 2026
Non-Final Rejection — §101
Mar 12, 2026
Examiner Interview (Telephonic)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12598178
BIOMETRIC DATA SUB-SAMPLING DURING DECENTRALIZED BIOMETRIC AUTHENTICATION
2y 5m to grant Granted Apr 07, 2026
Patent 12591893
Techniques For Expediting Processing Of Blockchain Transactions
2y 5m to grant Granted Mar 31, 2026
Patent 12572902
SYSTEMS AND METHODS FOR LEAST COST ACQUIRER ROUTING FOR PRICING MODELS
2y 5m to grant Granted Mar 10, 2026
Patent 12572903
BRIDGING NETWORK TRANSACTION PLATFORMS TO UNIFY CROSS-PLATFORM TRANSFERS
2y 5m to grant Granted Mar 10, 2026
Patent 12555147
INFORMATION PROCESSING METHOD AND STORAGE MEDIUM
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+94.5%)
2y 11m
Median Time to Grant
High
PTA Risk
Based on 216 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month