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 .
DETAILED ACTION
Status of Claims
Claims 1-20 are subject to examination.
Priority
The claim for domestic priority as claimed in this application (This application is a CON of 18/199,724 05/19/2023 18/199,724 is a CON of 16/990,235 08/11/2020 PAT 11683325) under 35 U.S.C. 119(e) is acknowledged.
Double Patenting
The nonstatutory 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 nonstatutory double patenting rejection is appropriate where the claims at issue 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 Longi, 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 nonstatutory double patenting ground provided the reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-10 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-10, 20 of U.S. Patent No. 11683325. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims anticipate the claims of this application. Note: For example, dependent claim 7 of U.S. Patent No. 11683325 includes limitations of claims 1-6 of U.S. Patent No. 11683325.
Claim of the Patent
Claim of this application
1. A system for verified messaging, comprising: a database storing user information for a plurality of users, the user information including, for each of the plurality of users, a user identifier and a client device address; a server configured to communicate over a network with a client device, the client device belonging to a user; a contactless card for the user, the contactless card configured for data communication via a short-range communication field of the client device, the contactless card comprising at least one card processor and at least one card memory, the at least one card memory storing data and a card applet, wherein the card applet is configured to provide a uniform resource identifier (URI) after entry by the contactless card into the short-range communication field of the client device, and wherein the URI comprises a message destination address of the server and a message payload; and at least one processor in data communication with the server and the database, wherein the at least one processor: receives a message session request from the client device, the message session request including the message payload, determines, based on the message payload, the user identifier corresponding to the user, identifies a client device address for the user, determines whether the client device address for the user corresponds to a source address accompanying the message session request, and sends a response message to the client device, the response message addressed to the client device address.
2. The system of claim 1, wherein the URI is configured for a short message service (SMS) message and the message destination address comprises a short message service (SMS) address.
3. The system of claim 2, wherein the request comprises a short message service (SMS) message.
4. The system of claim 3, wherein the client device address comprises a mobile telephone number assigned to the client device.
5. The system of claim 4, wherein the source address accompanying the request is obtained from caller identification data.
6. The system of claim 5, wherein the response message is a short message service (SMS) message.
7. The system of claim 6, wherein the server is configured for data communication with a short message service (SMS) gateway, and the response message is routed by the server to the SMS gateway.
8. The system of claim 1, wherein the message payload includes a token associated with the user.
9. The system of claim 8, wherein the at least one processor authenticates the user based on a user key obtained from the token.
10. The system of claim 1, wherein the short-range communication field comprises near field communication (NFC) and the contactless card is configured to communicate the URI according to the NFC Data Exchange Format (NDEF).
20. A method for verified messaging, comprising: providing, by an applet of a contactless card for a user after entry of the contactless card into a communication field of a client device belonging to a user, the contactless card comprising at least one card processor and a card memory storing data and the card applet, a uniform resource identifier (URI) into the short-range communication field of the client device, wherein: the URI comprises a message destination address of a server and a message payload, and the message payload includes a user key and a cryptogram; receiving, by the server, a message session request from the client device, the message session request including the message payload; determining, by the server based on the message payload, a user identifier corresponding to the user; identifying, by the server, a client device address for the user; determining, by the server, whether the client device address for the user corresponds to a source address accompanying the message session request; and sending, by the server, a response message to the client device, the response message addressed to the client device address, wherein the client device address comprises a mobile phone number.
6. The system of claim 5, wherein the response message is a short message service (SMS) message. 7. The system of claim 6, wherein the server is configured for data communication with a short message service (SMS) gateway, and the response message is routed by the server to the SMS gateway. 8. The system of claim 1, wherein the message payload includes a token associated with the user. 9. The system of claim 8, wherein the at least one processor authenticates the user based on a user key obtained from the token. 10. The system of claim 1, wherein the short-range communication field comprises near field communication (NFC) and the contactless card is configured to communicate the URI according to the NFC Data Exchange Format (NDEF).
1. A system for verified messaging, comprising: a database storing user information for a plurality of users, the user information including, for each user, a user identifier and a client device address; a server configured to communicate over a network with a client device, the client device associated with a user; a contactless card associated with the user, the contactless card configured for data communication via a short-range communication field of the client device, the contactless card comprising a processor and a memory, the memory storing data and an applet, wherein the applet is configured to provide a uniform resource identifier (URD after entry by the contactless card into the short-range communication field of the client device, and wherein the URI comprises a message destination address and a message payload, the message destination address associated with the server; and a processor in data communication with the server and the database, the processor configured to: receive a message session request from the client device, the request including the message payload; determine, based on the message payload, a user identifier corresponding to the user; identify a client device address associated with the user; determine whether the client device address associated with the user corresponds to a source address accompanying the request; and send a response message to the client device, the response message addressed to the client device address.
2. The system of claim 1, wherein the URI is configured for a short message service (SMS) message and the message destination address comprises a short message service (SMS) address.
3. The system of claim 2, wherein the request comprises a short message service (SMS) message.
4. The system of claim 3, wherein the client device address comprises a mobile telephone number assigned to the client device.
5. The system of claim 4, wherein the source address accompanying the request is obtained from caller identification data.
6. The system of claim 5, wherein the response message is a short message service (SMS) message.
7. The system of claim 6, wherein the server is configured for data communication with a short message service (SMS) gateway, and the response message is routed by the server to the SMS gateway.
8. The system of claim 1, wherein the message payload includes a token associated with the user.
9. The system of claim 8, wherein the processor is further configured to authenticate the user based on a user key obtained from the token.
10. The system of claim 1, wherein the short-range communication field comprises near field communication (NFC) and the contactless card is configured to communicate the URI according to the NFC Data Exchange Format (NDEF).
20. A method for verified SMS messaging, comprising: establishing a database storing user information for a plurality of users, the user information including, for each user, a user identifier and a mobile device number; providing a contactless card configured for data communication via a near field communication (NFC) field of a mobile device, the contactless card comprising a processor and a memory, the memory storing data and an applet, wherein the applet is configured to provide a short message service (SMS) uniform resource identifier (URI) after entry by the contactless card into the NFC field of the mobile device, and wherein the URI comprises a short message service (SMS) destination address and a message payload, the SMS destination address associated with the server; receiving from the mobile device, via a network, a request to establish a verified SMS message session, the request generated in response to entry by the contactless card into the NEC field of the mobile device, the request accompanied by a message payload read from the contactless card; determining, based on the message payload, a user identifier corresponding to the user; obtaining from the database a mobile device number associated with the user; determining whether the mobile device number associated with the user corresponds to a caller identification number accompanying the request; establishing a verified SMS message session in response to the request; and transmitting a short message service (SMS) message to the mobile device via the mobile device number.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. In response to this office action, applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. For example, status of co-pending applications should be made with --now copending-- and status of patent applications should be --now U.S. Patent number --. The specification should contain --(.com/.net)-- or --<.com>-- for hyperlinks. The specification should contain --.RTM.-- for trademarks.
In paragraph [0001], status of co-pending applications should be made with --now copending-- and status of patent applications should be --now U.S. Patent number --.
The title is objected to because the title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The present title is well known in the art (please see cited arts), too broad and not sufficient for proper classification of the claimed subject matter. The title should also reflect claimed invention,
Contactless card with applet providing URI into short-range communication field, please refer to MPEP 606 for title contents.
Correction is required. See MPEP § 608.01(b).
Drawings
The figures submitted on the filing date of this application are acknowledged.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over WARD et al., CA 3026191 C in view of LAMER et al., WO 2014096635 A1 and Official Notice.
Referring to claim(s) 11, Ward substantially discloses a method for establishing a verified message session, comprising: (
establishing a full chain of trust for the transaction infrastructure . this can be verified by the terminal 31 possessing the transaction infrastructure public key. The cryptographic processing function may hold several cryptographic key pairs and can perform cryptographic operations such as calculations to establish a session key, but its Jack of processing power will affect its capabilities. For example, while the card may be able to generate new key pairs, signature generation and hashing are computationally demanding. 7th para, page 11.
receiving from a mobile device, via a network, information to establish a verified message session (abstract), the information generated in response to entry by a contactless card into a short- range communication field of the mobile device,
The payment card 21 comprises an application processor 23, one or more memories 24 associated with the application processor and a NFC controller 26. The payment card 21 is equipped with an antenna 212 connected to NFC controller 26 to allow transactions under contactless card protocols such as those defined under 1SO/IEC 14443. In the arrangement shown, the application processor 23 and associated memories 24 comprise (shown within the processor space, but with code and data stored within the memories) a transaction application 201. The application processor 23 provides an NFC application 207 which interfaces with the NFC controller 26. 9th para, page 10
the information read from the contactless card, wherein the mobile device and the contactless card are associated with a user; (
A suitable application (there may be multiple applications present) on the card 21 is selected 410 for the transaction and application processing initiated 420 with the terminal 31 providing required data to the card, and the card providing data relevant to its state. The terminal 31 checks 430 for any processing restrictions from the card data.
In the arrangement shown, the application processor 23 and associated memories 24 comprise (shown within the processor space, but with code and data stored within the memories) a transaction application 201. The application processor 23 provides an NFC application 207 which interfaces with the NFC controller 26. A transaction may be performed over a contact card interface, a contactless card interface, or any other communication channel available to the card for communicating with a terminal (either general purpose or dedicated to the purpose). The payment card 21 is capable of cryptographic processing. In the embodiment described below, the cryptographic processing function 25 possesses one private and public key pair used to identify the card . the private key is unique to the card and its corresponding public key is certified by the card issuer. A corresponding card issuer public key may be certified by or on behalf of the provider of the transaction infrastructure, establishing a full chain of trust for the transaction infrastructure . this can be verified by the terminal 31 possessing the transaction infrastructure public key. The cryptographic processing function may hold several cryptographic key pairs and can perform cryptographic operations such as calculations to establish a session key, but its Jack of processing power will affect its capabilities. For example, while the card may be able to generate new key pairs, signature generation and hashing are computationally demanding, last para, page 11)
determining, based on the message payload, a user identifier corresponding to the user and
establishing a verified message session in response to the request; and
establish a data connection 400 between the card 21 and the terminal 31 . this may be through contactless through short range wireless communication, in which case interaction protocols are governed by ISO/EEC 14443. A suitable application (there may be multiple applications present) on the card 21 is selected 410 for the transaction and application processing initiated 420 with the terminal 31 providing required data to the card, and the card providing data relevant to its state. The terminal 31 checks 430 for any processing restrictions from the card data. Offline data authentication using public key cryptography is then used to validate 440 the card with this cryptographic capability and also to establish a secure channel between the card 21 and the terminal 31, last para, page 14,
identifying a mobile device number associated with the user, transmitting a first message to the mobile device via the mobile device number (
the terminal has a contact card reader 37 and an NFC controller 38 and antenna 381 to allow a contactless card connection to a contactless card, or a device such as an NFC-enabled mobile telephone able to act as a proxy for a contactless card, 5th para, page 13,
payment devices (such as a mobile telephone handset with an installed payment application) may be used, 2nd para, page 8.
Ward does not specifically mention about, the request, which is well-known in the art, which Lamer discloses,
In a next step El 1 transfer request, the mobile terminal 30 sends the service provider 20 a request for establishment of a communication channel so as to transfer the subscription to the contactless service of the contactless card 10 to the mobile terminal 30. The request includes the alias of the identity of the SIM card holder. The alias of the identity of the SIM card holder allows the service provider 20 to verify that the transfer is legitimate. Indeed, it can verify that the identity of the holder of the contactless card 10 is the same as that of the SIM card holder by comparing the aliases. This request is received by the service provider 20 during a step E12., 2nd last para, page 7
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the invention disclosed by Ward to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing the request. The mobile would enable providing the request. The request would establish a communication using the contactless card to implement a transaction with a remote device, 2nd last para, page 7.
Ward and Lamer do not specifically mention about, the message payload. Official Notice is taken that the message payload is well-known and expected in the art. One of ordinary skilled in the art would readily know that a "message payload" refers to the actual data or content of a message being transmitted, distinct from headers or metadata that facilitate its delivery. The above citations of the prior arts transfer data/content to/from the mobile devices. The payload would enable carrying the data/content during the transmission for use by the remote device.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over WARD in view of LAMER, Official Notice and AMAR, CN 111316278 A.
Referring to claim(s) 12, Ward, Lamer, do not disclose, which Amar discloses authenticating the user based on a user key obtained from a token associated with the user in the message payload (receiving a request for a first set of information associated with the user from the entity computing system wherein the system identity and archives management (profiling) identity and archives management system can be operated by the user of the mobile device sending the request for the first set of information associated with a user key identity and archives management system capable of receiving the access token and determine from the mobile device associated with the user, the key for decrypting the access token to obtain a second set of information associated with a user. identity and archives management system available from main blockchain determining at least one storage position is the third set of information associated with the user, then the identity and the archives management system may be based on the at least one storage location to the third set of positioning information associated with a user in the chain, last para, page 2.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the invention disclosed by Ward to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing the user key with the token. The mobile would enable providing secure communication. The user key would enable identifying the user of the mobile device for secure encrypted communication. The token and the key would enable performing authenticating the user for access to secure information, last para, page 2.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over WARD in view of LAMER, Official Notice, AMAR and QUENTIN CA 3047954 A1.
Referring to claim(s) 13-15, Ward, Lamer, Amar do not disclose, which Quentin discloses wherein the verified message session corresponds to short message service (SMS) messaging, receiving a second message from the mobile device, the second message responsive to the first message, transmitting a third message to the mobile device via the mobile device number, the third message responsive to the second message
(an SMS type message is transmitted to the customer carrying out a transaction to make sure that he is the bearer of the card. At the time of the transaction, the bearer must therefore enter a password transmitted in the SMS. The bank thus makes sure, with reasonable probability, that the person carrying out the transaction is the user. The advantage provided by such an implementation lies in the fact that the security of the transaction is greatly improved: a server at the end of the chain is able to verify that the data that is provided for the implementation of the transaction (including the payment data, credit card number, validity, name, etc.) are corroborated by additional data (for example in the form of an authentication certificate from the identity document), this certificate being able to be checked by the server to confirm the identity of the user. Thus, the implementation of a fraud is much more complex since it is necessary to have several different types of information to be able to forge a transaction. Thus, an attacker who only has the user's payment data is not able to forge a valid transaction. The server is in possession of particular cryptographic materials (for example from the digital identity document and / or a copy of the identity document (which the server uses to produce cryptographic data identical or complementary to those produced by communication terminal when such method is implemented). Thus, the general principle of the present technique relies on the implementing of a communications terminal comprising means for obtaining data (such as for example a processor or a circuit comprising a microprocessor) coming from an identity document of the holder of the payment means (digital identity card for example), whose data are used to make the payment transaction. More specifically, in at least one embodiment, a means for obtaining data coming from a digital identity document takes the form of a contactless communications module, such a module being more specifically a near-field communications (NFC) module. This module receives an instruction or a command from a processor of the communications terminal seeking to obtain contactless data. It may be a command of a general character. Besides, this module is connected to a contactless antenna. This contactless antenna is used to send out a signal addressed to the identity document (the digital identity card and/or the digital/biometric passport) and to receive a signal coming from this identity document. To this end, the invention implements for example an application installed within the communications terminal, the application comprising means to detect data entry fields of payment means. In another embodiment, it is possible to use a classic identity document. This embodiment is explained here below. Thus, a digital identity document takes for example the form of a card or a document comprising an NFC (near-field communications) type of antenna, this antenna comprising means for transmitting data to a receiver when it receives, from this receiver, a request to this effect (the request taking for example the form of an electromagnetic signal), 1st para, page 16.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the invention disclosed by Ward to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing well-known SMSs along with NFC and contactless communication and associated messages. The messages associated with a session with a mobile device would enable performing transaction for a verified mobile device, 1st para, page 16.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over WARD in view of LAMER, Official Notice and Mizrah, 20080098464.
Referring to claim(s) 16, Ward, Lamer, do not disclose, which Mizrah discloses transmitting a session warning message to the mobile device via the mobile device number if a message is not received from the mobile device within a first predetermined time period, the first predetermined time period restarting upon transmission of each message to the mobile device via the mobile device number, wherein the session warning message prompts the user to send a responsive message, para 23.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the invention disclosed by Ward to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing prompting the user to allow the user to continue using the session. Upon the session being idle and not used by the user, the session would be terminated after a period of time. This will prevent any misuse of the session after the user is done using the session, para 23.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over WARD in view of LAMER, Official Notice, Mizrah, and JP 2009539322 A.
Referring to claim(s) 17, Ward, Lamer, Mizrah do not disclose, which JP 2009539322 A discloses
transmitting a session termination message if a message is not received from the mobile device within a second predetermined time period after transmitting the session warning message (
When the IMS subscriber 426 receives a duration warning message, the IMS subscriber 426 can determine how to handle the session. If a duration warning message is received, the current session is almost certainly a long duration session. A long duration session comprises any length of session defined by the IMS subscriber 426 and / or service provider. IMS subscriber 426 can terminate the session in response to the duration warning message. IMS subscriber 426 can also wait to receive a subsequent duration warning message before the session is terminated., 1st para, page 7.
In step 206, the alert element 124 processes the filter criteria 126 and the duration of the session to determine whether to provide a duration alert for the session. Filter criteria 126 comprises any data or information that defines when to provide a duration warning for the session. Filter criteria 126 may be defined by subscriber 116 and / or service provider operating communication network 100. The filter criteria 126 are not limited and include maximum session length, maximum session cost, day time, weekday, called party address, calling party address, session media, past session Frequency (e.g., 1 day, 1 week, 1 month), past session duration, and the like, 5th para, page 4.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the invention disclosed by Ward to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing subsequent warning messages to a mobile user. This would allow the user to continue using the session. Upon the session being idle and not used by the user, the session would be terminated after a period of time. This will prevent any misuse of the session after the user is done using the session, 1st para, page 7.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over WARD in view of LAMER, Official Notice, Mizrah, JP 2009539322 A and ARAKI, 20150002369.
Referring to claim(s) 18, Ward, Lamer, Mizrah, JP 2009539322 A do not disclose, which ARAKI discloses terminating the verified message session upon at least one of transmitting the session termination message or receiving a session termination request from the mobile device, para 56.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the invention disclosed by Ward to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing a request to terminate a session. This would allow the user to continue using the session until needed and then to terminate the session when no use. Upon the session no longer needed by the user, the session would be terminated upon request. This will prevent any misuse of the session after the user is done using the session, para 56.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over WARD in view of LAMER, Official Notice and Sharp, 20160012465.
Referring to claim(s) 19, The citations of claim 11 teach limitations, determining whether the mobile device number associated with the user corresponds to accompanying the request. Ward, Lamer, do not disclose, which Sharp discloses a caller identification number, para, 950, 797.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the invention disclosed by Ward to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide utilizing the caller identification number. The caller identification number is a phone service feature that displays the caller's phone number and/or name on the recipient's phone. The mobile’s phone number would enable identifying the registered user for verifying that the communication is with a trusted device, para, 950, 797.
Allowable Subject Matter
Claims 1-10, 20 are subject double patenting rejections, and not prior art rejections.
Conclusion
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/HARESH N PATEL/Primary Examiner, Art Unit 2496
March 17, 2025