Prosecution Insights
Last updated: August 18, 2026
Application No. 18/660,770

VISIBLE LIGHT COMMUNICATION FOR VERIFYING A SECURE WIRELESS CONNECTION

Final Rejection §102
Filed
May 10, 2024
Priority
Mar 16, 2020 — continuation of 11/489,592 +1 more
Examiner
SINGH, DALZID E
Art Unit
2635
Tech Center
2600 — Communications
Assignee
Fiserv Inc.
OA Round
2 (Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
810 granted / 891 resolved
+28.9% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
15 currently pending
Career history
899
Total Applications
across all art units

Statute-Specific Performance

§101
6.4%
-33.6% vs TC avg
§103
42.0%
+2.0% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 891 resolved cases

Office Action

§102
DETAILED ACTION 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. Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by White et al (US Pub. No. 2017/0004475). Regarding claim 1, White et al teaches a point-of-sale (POS) device, shown on Figs. 1 and 2, comprising: a first processor (see para [0087]; “…the POS terminal 306 (also referred to as the merchant device 306) may include one or more processor(s) 356, computer-readable media 358, POS transceiver(s)…”; POS terminal is considered as a first device); one or more non-transitory, computer-readable media including instructions (see para [0041]; “…embodiments may include a machine-readable medium having stored thereon instructions that may be used to cause one or more processors to perform the methods, variations of the methods, and other operations described here…”) which when executed by the processor cause the POS device to: initialize a wireless connection with a second device (see para [0003]; “Bluetooth uses a process called pairing to allow devices to communicate with each other. Pairing mechanisms include legacy pairing and Secure Simple Pairing (SSP). SSP includes a number of association models for pairing, namely, “just works”, “numeric comparison”, “passkey entry”, and “out of band (OOB)”; see also para [0099]; “Referring to FIG. 5, the block diagram illustrates exemplary systems and entities to enable wireless communication, e.g., Bluetooth communication, between a desired payment object reader 510, for example payment object reader 510-1, and the POS terminal 506.”), wherein the second device generates a visible light signal in response to the initialization of the wireless connection (see para [0057]; “Once paired, the established communication channel can be further secured using ways similar to the device association or pairing, i.e., the LED or signal strength based pairing processes”; see also para [0099]; “As shown, the payment object reader 510-1 and 510-2 may each include one or more visual indicators formed by LEDs 524 or any such light emitting source, that can provide a visual signal in the form of visible light rays and where the visible light rays transmit and broadcast authentication data (or a variant or representation thereof) for Bluetooth pairing.”); verify the wireless connection by: generating the same visible light signal using a display of the POS device (para [0024]; “…the desired payment object reader emits through the LEDs, a visual pattern of colors indicative or representative of the authentication data. A user of the POS terminal can inspect the visual pattern and manually enter the as-inspected pattern on a display screen of the POS terminal. The POS terminal can also capture an image of the visual pattern through a camera or any such sensor device. A POS pairing component of the POS terminal sends the inspected or captured data to a pairing component of the desired payment object reader, which compares the incoming data with the visual pattern. If there is a match, the payment object reader establishes a communication channel to connect the POS terminal with the payment object reader,…”); and accepting a comparison verification input on a user interface of the POS device (para [0024]; “…the desired payment object reader emits through the LEDs, a visual pattern of colors indicative or representative of the authentication data. A user of the POS terminal can inspect the visual pattern and manually enter the as-inspected pattern on a display screen of the POS terminal. The POS terminal can also capture an image of the visual pattern through a camera or any such sensor device. A POS pairing component of the POS terminal sends the inspected or captured data to a pairing component of the desired payment object reader, which compares the incoming data with the visual pattern. If there is a match, the payment object reader establishes a communication channel to connect the POS terminal with the payment object reader, the channel allows the merchant operating the POS terminal to accept any payment object from the customer and transfer data read off the payment object by the payment object reader to the payment processing system.”). Regarding claim 2, White et al teaches wherein: the second device is a card reader (see para [0018]; “The payment object reader initiates a payment transaction by receiving payment through a payment object. The payment object can be any payment mechanism, for example, a debit card, a credit card, a smart-card conforming to a Europay-MasterCard-Visa (“EMV”) standard, a radio frequency identification tag (i.e., near field communication enabled objects), or a virtual payment card stored on a device such as a smart phone and transmittable, for example, via near field communication (NFC).”)); and the wireless connection is a Bluetooth connection (device pairing of between Bluetooth enabled devices, over short distances via radio wave transmission; para [0047)). Regarding claim 3, White et al teaches: initializing the wireless connection between the first device and the second device includes generating a shared secret on the second device (see para [0003]; “Bluetooth uses a process called pairing to allow devices to communicate with each other. Pairing mechanisms include legacy pairing and Secure Simple Pairing (SSP). SSP includes a number of association models for pairing, namely, “just works”, “numeric comparison”, “passkey entry”, and “out of band (OOB)”; see also para [0099]; “Referring to FIG. 5, the block diagram illustrates exemplary systems and entities to enable wireless communication, e.g., Bluetooth communication, between a desired payment object reader 510, for example payment object reader 510-1, and the POS terminal 506.”; see also para [0099]; “Such data can be used to share information and/or pair the payment object reader 510 with any computing device having Bluetooth capabilities.”); the one or more computer readable media accessible to the first device further store instructions which when executed by the processor cause the first device to generate the shared secret on the first device (see also para [0099]; “Such data can be used to share information and/or pair the payment object reader 510 with any computing device having Bluetooth capabilities.”); and the visible light signal is representative of one of: (i) the shared secret; and (ii) a derivative of the shared secret (see para [0099]; “The number, arrangement and orientation of the LEDs is only exemplary and for discussion purposes only and should not be considered limiting. In one example, the visual indicators may emit light of different colors, brightness, and intensities. Each unique combination of such colors, brightness, luminance, chrominance, and/or intensities is representative or indicative of the authentication data 544 in an optical format, referred to as optical authentication data 546. Such data can be used to share information and/or pair the payment object reader 510 with any computing device having Bluetooth capabilities.”). Regarding claim 4, White et al discloses wherein: generating the same visible light signal includes at least one of: (i) setting a color of a light emitting diode; (ii) blinking the light emitting diode; and (iii) selectively lighting light emitting diodes from a plurality of light emitting diodes which includes the light emitting diode (para [0021]; “…in one implementation, the payment object reader can transmit alphanumeric authentication data by displaying such data in the form of colors, luminance, intensity, lightness, chroma, and brightness through visual indicators, such as light emitting diodes (LEDs)…”; para [0023]; “…payment object readers that implement the present techniques include a display control component to convert pairing parameters, such as alphanumeric authentication data for pairing, into “optical authentication data” or “optical pattern,” which can be a color code formed by a specific color arrangement or color combination of LEDs. A display control component generates the color code, which is unique to the payment object reader or the POS terminal requesting pairing. Furthermore, the display control component can modify the colors, intensities, brightness, lightness, or luminance of light emitted by the LEDs to provide even more unique possibilities in the way the optical authentication data is displayed through the LEDs. In this manner, the display control component drives the LEDs to either deliver transaction/operational status according to an EMV standard, or to deliver authentication data during a pairing operation. The pairing component can also create and implement rules defining the relationship between the authentication data and an optical authorization data displayed through the arrangement of LEDs and/or sequence of colors emitted by the LEDs.”). Regarding claim 5, White et al teaches the second device generates the visible light signal by illuminating an image on the second device (para [0024]; “The POS terminal can also capture an image of the visual pattern through a camera or any such sensor device.”). Regarding claims 6, White teaches wherein the POS device includes a visible light sensor, wherein the visible light sensor is configured to capture the visible light signal (para [0024]; “The POS terminal can also capture an image of the visual pattern through a camera or any such sensor device.”). Regarding claim 7, White teaches wherein: the visible light signal is representative of an out of band temporary key for the wireless connection, wherein verifying the wireless connection using the visible light signal includes generating the out of band temporary key on the POS device using the visible light signal captured by a visible light sensor on the POS device (para [0107]; “In some cases, the authentication data 544 and payment token can be sent using the same channel and at the same instant by implementing, for example out of band pairing methods.”; para [0023]; “…payment object readers that implement the present techniques include a display control component to convert pairing parameters, such as alphanumeric authentication data for pairing, into “optical authentication data” or “optical pattern,” which can be a color code formed by a specific color arrangement or color combination of LEDs. A display control component generates the color code, which is unique to the payment object reader or the POS terminal requesting pairing. Furthermore, the display control component can modify the colors, intensities, brightness, lightness, or luminance of light emitted by the LEDs to provide even more unique possibilities in the way the optical authentication data is displayed through the LEDs. In this manner, the display control component drives the LEDs to either deliver transaction/operational status according to an EMV standard, or to deliver authentication data during a pairing operation. The pairing component can also create and implement rules defining the relationship between the authentication data and an optical authorization data displayed through the arrangement of LEDs and/or sequence of colors emitted by the LEDs.”). Response to Arguments Applicant’s arguments, see remarks, filed June 17, 2026, with respect to claims 8 and 13 have been fully considered and are persuasive. The 35 USC 102 rejection of claims 8-20 has been withdrawn. See page 8 of the remarks in regard t0 comparing the captured visible light signal to a signal stored in the POS device. The terminal disclaimer filed June 17, 2026 has been approved. The nonstatutory double patenting rejection has been withdrawn. Applicant's arguments, filed June 17, 2026, with respect to claim 1 have been fully considered but they are not persuasive. On page 7 of the remark applicant state: “White states that the payment object reader 310-1 "display[s] authentication data in the form of optical authentication data." White, [0091]. White states that the POS terminal can "receiv[e] the optical authentication data 346 as perceived or seen by the merchant 308 or a sensor or an image-capturing device 401 as a user input or sensor input." White, [0092]. However, the POS terminal in White does not "generat[e] the same visible light signal using a display of the POS device." Accordingly, White does not disclose the above indicated feature. Therefore, White does not anticipate claim 1.” On paragraph [0024], White et al teaches “To start the process of pairing the POS terminal with the payment object reader, the POS terminal, through a pairing component, discovers and identifies a desired payment object reader from a list of devices available in its network. When selected, the desired payment object reader emits through the LEDs, a visual pattern of colors indicative or representative of the authentication data. A user of the POS terminal can inspect the visual pattern and manually enter the as-inspected pattern on a display screen of the POS terminal.” Interpretating the claim to the broadest reasonable interpretation, manually entering the inspected visual pattern on a display is considered generating the same visual light on the POS terminal. Furthermore, the limitation “accepting a comparison verification input on a user interface of the POS device” has been interpreted as accepting payment once there is a match (i.e., verification) and communication channel is established (White et al: para [0024]; “…A POS pairing component of the POS terminal sends the inspected or captured data to a pairing component of the desired payment object reader, which compares the incoming data with the visual pattern. If there is a match, the payment object reader establishes a communication channel to connect the POS terminal with the payment object reader, the channel allows the merchant operating the POS terminal to accept any payment object from the customer and transfer data read off the payment object by the payment object reader to the payment processing system.”). Based on these interpretation, the prior, White et al, still read on claims 1-7. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DALZID E SINGH whose telephone number is (571)272-3029. The examiner can normally be reached Monday-Friday 9-5 ET. 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, DAVID PAYNE can be reached on 571-272-3024. 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. DALZID E. SINGH Primary Examiner Art Unit 2635 /DALZID E SINGH/Primary Examiner, Art Unit 2635
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Prosecution Timeline

May 10, 2024
Application Filed
Mar 19, 2026
Non-Final Rejection mailed — §102
Jun 17, 2026
Response Filed
Jul 07, 2026
Final Rejection mailed — §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

3-4
Expected OA Rounds
91%
Grant Probability
98%
With Interview (+6.8%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 891 resolved cases by this examiner. Grant probability derived from career allowance rate.

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