Prosecution Insights
Last updated: April 19, 2026
Application No. 18/609,577

ACCESSING NON-COLLOCATED DATA CORRESPONDING TO A DETECTED MOBILE APPARATUS

Non-Final OA §102
Filed
Mar 19, 2024
Examiner
FELTEN, DANIEL S
Art Unit
3692
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Truist Bank
OA Round
2 (Non-Final)
46%
Grant Probability
Moderate
2-3
OA Rounds
4y 11m
To Grant
58%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allow Rate
267 granted / 586 resolved
-6.4% vs TC avg
Moderate +12% lift
Without
With
+12.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 11m
Avg Prosecution
39 currently pending
Career history
625
Total Applications
across all art units

Statute-Specific Performance

§101
32.9%
-7.1% vs TC avg
§103
34.0%
-6.0% vs TC avg
§102
7.1%
-32.9% vs TC avg
§112
23.2%
-16.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 586 resolved cases

Office Action

§102
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 . Status of Claims Claims 1, 6, 9-10 and 19 are amended. Claims 1-20 are pending in the application and are presented to be examined upon their merits. Response to Arguments Regarding Intended Use language Amendments of claims 1, 6, 9-10 and 19 to eliminate intended use language is acknowledged. Regarding the 35 U.S.C. 112a and 112b rejections The 35 U.S.C. 112a and 112b rejections are withdrawn based upon the newly amended claims. Regarding the rejections under 35 U.S.C. 102(a)(1) Applicant’s arguments, see rejections under 35 U.S.C. 102, filed 12/18/2025, with respect to the rejection(s) of claim(s) 1 under Kawan have been fully considered but are only partially persuasive in regards to clarity of the reference and correction of the Examiner’s mapping of the reference. The Examiner’s remarks herein are provided to clarify the Examiner’s interpretation of the Kawan reference with respect to the Applicant’s newly amended claims and remarks dated 12/18/2025. Regarding Applicant’s Matched Components- from Kawan to currently amended claim 1 is acknowledged. Regarding B Remarks- the Mobile Apparatus Terminal- Kawan teaches a mobile apparatus terminal (smart card reader, as in Fig. 5, item# 210, column 7, 35-45), wherein Applicant’s claims a mobile apparatus terminal and the Applicant’s specification describes the mobile apparatus terminal is adapted to read the information stored at a magnetic stripe and/or a contactless communication interface on the mobile apparatus. Thus Kawan reads on the claimed Mobile Apparatus terminal claimed. Regarding C Remarks- Computer Terminal- Where the Applicant claims a computer terminal that is “non-collocated with the mobile apparatus terminal and in operative communication mobile apparatus across a communication channel…” the Applicant’s specification describes the computer terminal as an agent device (item# 212) which can be computing devices, kioks, terminals, smart devices such as phones and devices and tools at customer service counters at POS locations that can operated by a human agent (item# 210)[see Applicant’s specification ¶0055]. The Applicant pointed out it was previously indicated that terminal (item# 172) in Kawan as reading on the computer terminal that is non-collocated with the mobile apparatus terminal (wireless server/terminal, item# 150). As a point of clarity, both the computer terminal (wireless server/terminal, item# 150) of Kawan and the mobile apparatus terminal (item# 172/172a) are indeed non-collocated (i.e., the physical components of the computer terminal and the mobile apparatus terminal are not in the same physical location). It is further maintained, similar to the Applicant’s specification (see Fig. 4 and Applicant’s specification ¶0074), that Kawan’s computer terminal (Item# 150) using (item# 172/172a) enables employees to access their financial institution (see column 6, lines 21-24]. Thus Kawan’s wireless server/terminal (Fig. 4)(item# 150), reads on the Applicant’s agent device or computer terminal (Fig. 4)(item# 212). Regarding D Remarks- Processor and Storage Device- Applicant asserted that the CPU 202 in Kawan and EEPROM 214 are only in communication with the card reader 210 as shown in Fig. 5. Kawan at col. 4, lines 18-31, and that Kawan only describes data exchange with the reader device. The Applicant also indicated that Kawan at col. 7, lines 35-50, only describes communication with the smart card reader 21 and that Kawan does not describe the CPU 202 and the EEPROM 214 as being operatively coupled with the wireless server/terminal unit 150 (mobile apparatus terminal) and with the wireless smart card recharge station 172 (computer terminal) across the communication channel 162 as recited in Applicant’s amended Claim 1. The Examiner disagrees. Claim 1 recites, “a processor and storage device operatively coupled with the mobile apparatus terminal and with the computer terminal across the communication channel;” it is maintained that the term “operatively coupled” describes two or more components linked in a way that allows them to interact or function together to achieve a specific purpose. This connection, as gleaned from the Applicant’s specification, does not require physical contact or a direct, hard-wired link; it can be indirect, such as through intermediate components, software signals, or wireless communication. Kawan suggests that the smart card in the system acts as an enabling device for other system (e.g., validation for individuals and service requests) (see column 8, lines 6-14]. In FIG. 3A Kawan suggests the Applicant’s claim language in a first wireless terminal 100 for use with a Smart card. This terminal 100 includes a customer interface 102, Such as an alpha-numerical keypad 104, a display 106, and a smart card reader 108. Signals provided from a wireless Service provider, Such as one described in FIG. 1, are received by a transmitter/receiver portion 110 of the terminal 100. Conversely, signals are provided from the transmitter/receiver portion 110 of the terminal 100 to a front end processor via wireless Service provider. In this manner, the terminal 100 may be used to wirelessly receive and transmit data to and from a financial institution or financial network and the card reader acts as an intermediary between the smart card and the server/terminal. Thus Kawan reads on a processor and storage device operatively coupled with the mobile apparatus terminal and with the computer terminal across the communication channel. Regarding E Remarks- Application-The Applicant asserts that the Kawan fails to disclose wherein claim 1 it recites, “…an application stored in the storage device and including executable code, that when executed causes the processor to operate both the mobile apparatus terminal and the non-collocated computer terminal by: [1] the mobile apparatus terminal detecting a presence of the mobile apparatus; [2] the mobile apparatus terminal reading information store on the mobile apparatus presented to the mobile apparatus terminal and transforming the information into identification information [3] generating display data by processing the identification data; and [4] generating on the display screen a display associated with the mobile apparatus using the display data.” Kawan discloses, [1] “the mobile apparatus terminal detecting a presence of the mobile apparatus…”. Under the broadest reasonable interpretation, the smart card reader can detect “the presence” of the smart card by receiving and interacting with data that has been transmitted by the smart card [see column 5, lines 5-7] which can also be broadly interpreted as [2] the card reader reading information transmitted from the smart card [see column 4, lines 61 to column 5, line 4] that has been presented (i.e., inserted) into it [see column 5, lines 5-6]. Kawan also discloses [3] transforming the information into identification data [see column 5, lines 6-13, data is encrypted carrying banking and user account data]. In regards to , [4] “…generating display data by processing the identification data; and {5] generating on the display screen a display associated with the mobile apparatus using the display data, Kawan discloses an embodiment of the invention (Figs. 3A and 3B)(item# 106) of a wireless server/terminal unit (item# 150) that incorporates a display, a smart card reader, and a means for wireless transmission of data that is capable of displaying display data [see column 6, lines 7-15], but also shows a mobile apparatus (Fig. 2C) with a display (item# 78) (see column 4, lines 7-17). In regards to claim 2, the Applicant asserts that Kawan does not disclose that the CPU 202 is including in the computer terminal or separate or in a separate computing system. As a pointed out previously, the computer terminal (wireless server/terminal, item# 150) of Kawan and the mobile apparatus terminal (item# 172/172a) are non-collocated (i.e., the physical components of the computer terminal and the mobile apparatus terminal are not in the same physical location). It is maintained that when the smart card CPU 202 is inserted into the smart card reader device (i.e., mobile apparatus terminal) in the broadest reasonable interpretation, the smart card CPU becomes included in a separate computing system (i.e., smart card reader). In regards to claim 3, the Applicant asserts that Kawan that the EEPROM is included in the computer terminal. Again, the computer terminal (wireless server/terminal, item# 150) of Kawan and the mobile apparatus terminal (item# 172/172a) are non-collocated (i.e., the physical components of the computer terminal and the mobile apparatus terminal are not in the same physical location). It is maintained that when the smart card EEPROM (214) is inserted into the smart card reader device (i.e., mobile apparatus terminal) in the broadest reasonable interpretation, the smart card EEPROM becomes included in a separate computing system (i.e., smart card reader). The Examiner’s remarks regarding rejections of amended claims 1-3 also apply to claims 11, 20, 12 and 13. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawan (US 6,442,532). Regarding claim 1, Kawan discloses a system for detecting presence of a mobile apparatus (smart card) and accessing non-collocated data based thereon, the system comprising: a mobile apparatus terminal; (smart card reader-item#172/172a), as in Fig. 5, item# 210, column 7, 35-45), a computer terminal (item# 150) non-collocated with the mobile apparatus terminal and in operative communication with the mobile apparatus terminal across a communication channel (item# 162), the computer terminal having a display screen; (Fig. 4)(item# 172)[see column 6, lines 7-43] a processor (item# 202-CPU) and a storage device (item# 214-EEPROM) operatively coupled with the mobile apparatus terminal and with the computer terminal across the communication channel; (Fig. 3A and 3B)[see column 4, lines 18-31] (Fig. 5)[see column 7, lines 35-50]and an application stored in the storage device and including executable code that, when executed causes the processor to operate both the mobile apparatus terminal and the non-collocated computer terminal (se column 7, lines 46-50) by: operating the mobile apparatus terminal to detect a presence of the mobile apparatus; . [see column 6, lines 39-57, reading the smart card]operating the mobile device terminal to read information stored on the mobile apparatus presented to the mobile apparatus terminal and to transform the information into identification data;[see column 4, lines 36-46; column 5, lines 5-13] generating display data by processing the identification data; and using the display data to generate on the display screen a display associated with the mobile apparatus. [see column 6, lines 39-57] Regarding claim 2, Kawan discloses wherein the processor is included in the computer terminal or is included in a computing system that is in communication with the computer terminal. [see column 7, lines 4-18; column 8, lines 45-60] Regarding claim 3, Kawan discloses the storage device is included in the computer terminal or is included in a computing system that is in communication with the computer terminal. (Fig. 4)[see column 7, lines 19-28] Regarding claim 4, Kawan discloses wherein the information identifies a user of the mobile apparatus. [see column 4, lines 37-46; column 8, lines 45-60] Regarding claim 5, Kawan discloses wherein the display identifies the user of the mobile apparatus. [see column 4, lines 37-46; column 5, lines 5-13; column 8, lines 45-60] Regarding claim 6, Kawan discloses wherein the mobile apparatus terminal is adapted to read the information stored at a magnetic stripe and/or a contactless communication interface on the mobile apparatus. (Fig. 3A)(item# 100)[see column 4, lines 47-60; column 6, lines 7-15] Regarding claim 7, Kawan discloses wherein the mobile apparatus is a bank issued card. [see column 5, lines 24-33; column 7, lines 51-60; column 10, lines 11-16] Regarding claim 8, Kawan discloses wherein the computer terminal (item# 54) is an agent computer terminal in communication with a bank computing system.(Fig. 2B)(column 4, lines 1-6); (Fig. 3A and 3B)(column 4, lines 18-36) Regarding claim 9, Kawan discloses wherein the mobile apparatus is a bank card, the mobile apparatus terminal is adapted to read the information stored at a contactless communication interface on the bank card and the computer terminal is in communication with a computing system of a bank that issued the bank card. [see column 5, lines 24-33; column 7, lines 51-60; column 10, lines 11-16] Regarding claim 10, Kawan discloses wherein the executed code causes the processor to compare the identification data with data stored in a computing system that is in communication with the computer terminal to complete the identification data and/or to verify the identification data. (see column 7, lines 19-28) As per claim 11, Kawan discloses a method for detecting presence of a mobile apparatus and accessing non-collocated data based thereon, the method comprising steps of: providing a mobile apparatus terminal, (Fig. 3A)(Fig. 3B)(item# 108)[see column 4, lines 18-23, lines 46-60; (Fig. 4)(item# 150)(item# 152)(#item 158)(item# 166)(item#168)[see column 6, lines 7-38] a computer terminal non-collocated with the mobile apparatus terminal and in operative communication with the mobile apparatus terminal across a communication channel, the computer terminal having a display screen, a processor and a storage device operatively coupled with the mobile apparatus terminal across the communication channel, and an application stored in the storage device and including executable code that is executed by the processor (Fig. 3A and 3B)[see column 4, lines 18-31] (Fig. 5)[see column 7, lines 35-50] to control the following steps: operating the mobile apparatus terminal to detect a presence of the mobile apparatus; [see column 6, lines 39-57, reading the smart card] operating the mobile apparatus terminal to read information stored on a mobile apparatus presented to the mobile apparatus terminal and to transform the information into identification data; [see column 6, lines 39-57, reading the smart card]; [see column 4, lines 36-46; column 5, lines 5-13] generating display data by processing the identification data; and using the display data to generate on the display screen a display associated with the mobile apparatus. [see column 6, lines 39-57] As per claim 12, Kawan discloses wherein the processor is included in the computer terminal or in a computing system that is in communication with the computer terminal. [see column 7, lines 4-18; column 8, lines 45-60] As per claim 13, wherein the storage device is included in the computer terminal or in a computing system that is in communication with the computer terminal. [see column 7, lines 4-18; column 8, lines 45-60] As per claim 14, Kawan including activating the application when the computer terminal is first turned on or by the computer terminal. [see column 3, lines 60-67] As per claim 15, Kawan discloses wherein the mobile apparatus terminal reads the information that is stored at a magnetic stripe or a contactless communication interface on the mobile apparatus. [see column 6, lines 39-57, reading the smart card] As per claim 16, Kawan discloses wherein the mobile apparatus is issued by a bank. [see column 5, lines 24-33; column 7, lines 51-60; column 10, lines 11-16] As per claim 17, Kawan discloses wherein the computer terminal is in communication with a computing system of a bank that issued the mobile apparatus. .(Fig. 2B)(column 4, lines 1-6); (Fig. 3A and 3B)(column 4, lines 18-36) As per claim 18, Kawan discloses wherein the mobile apparatus is a bank card, the mobile apparatus terminal reads the user information stored at a contactless communication interface on the bank card and the computer terminal is in communication with a computing system of a bank that issued the bank card. [see column 5, lines 24-33; column 7, lines 51-60; column 10, lines 11-16] As per claim 19, Kawan discloses comparing the identification data with data stored in a computing system in communication with the computer terminal to complete the identification data and/or to verify the identification data. [see column 7, lines 19-34] As per claim 20, Kawan discloses a method for detecting presence of a bank card and accessing non-collocated data based thereon, the method comprising steps of: providing a bank card terminal, [see column 6, lines 7-38] a computer terminal non-collocated with the bank card terminal and in operative communication with the bank card terminal across a communication channel, the computer terminal having a display screen, a processor and a storage device operatively coupled with the bank card terminal across the communication channel, and an application stored in the storage device and including executable code that is executed by the processor (Fig. 3A and 3B)[see column 4, lines 18-31] (Fig. 5)[see column 7, lines 35-50]to control the following steps: operating the bank card terminal to detect a presence of the bank card; [see column 6, lines 39-57, reading the smart card] operating the bank card terminal to read information stored on a bank card presented to the bank card terminal and to transform the information into identification data; [see column 6, lines 39-57, reading the smart card]; [see column 4, lines 36-46; column 5, lines 5-13] generating display data by processing the identification data; and using the display data to generate on the display screen an identity display associated with the bank card. [see column 6, lines 39-57] Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S FELTEN whose telephone number is (571)272-6742. The examiner can normally be reached Flex. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan D Donlon can be reached at 5712703602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. DANIEL S. FELTEN Examiner Art Unit 3692 /DANIEL S FELTEN/Primary Examiner, Art Unit 3692
Read full office action

Prosecution Timeline

Mar 19, 2024
Application Filed
Oct 18, 2025
Non-Final Rejection — §102
Dec 18, 2025
Response Filed
Mar 12, 2026
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
46%
Grant Probability
58%
With Interview (+12.1%)
4y 11m
Median Time to Grant
Moderate
PTA Risk
Based on 586 resolved cases by this examiner. Grant probability derived from career allow rate.

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