Prosecution Insights
Last updated: July 17, 2026
Application No. 18/761,011

SYSTEMS CONFIGURED TO MANAGE USER-RELATED EXTERNAL PARTY-ACTIVITY SOFTWARE OBJECTS BY USING MACHINE-READABLE INDICIA AND METHODS OF USE THEREOF

Non-Final OA §102§103
Filed
Jul 01, 2024
Priority
Dec 17, 2019 — continuation of 11/113,678 +1 more
Examiner
DINH, KHANH Q
Art Unit
2458
Tech Center
2400 — Computer Networks
Assignee
Capital One Services LLC
OA Round
2 (Non-Final)
84%
Grant Probability
Favorable
2-3
OA Rounds
10m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
614 granted / 734 resolved
+25.7% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
15 currently pending
Career history
748
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
49.2%
+9.2% vs TC avg
§102
41.3%
+1.3% vs TC avg
§112
0.1%
-39.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 734 resolved cases

Office Action

§102 §103
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 This is in response to the Amendment filed on 3/20/26. Claims 1-20 are presented for examination. Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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 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 are rejected under 35 U.S.C. 103 as being unpatentable over Priebatsch, US Pub. No.20170193543. As to claim 1, Priebatsch discloses a method comprising: triggering, by at least one processor associated with a first party, in response to scanning a machine readable indicia by a user mobile (102 fig.2B) associated with a user, to retrieve, a data object (user information) , from a third-party service (merchant system service) associated with at least one user activity (initiating a payment transaction when the user presents the QR code stored in the mobile device 102 to the merchant system 108. The merchant system 108 may scan the code using, e.g., a POS integrated scanner, and thereupon transmits the scanned data along with the payment amount to the management server 106, see fig.2B, [0065] to [0066]), wherein the machine-readable indicia comprises encoded data identifying: the data object and the third-party server (merchant server 106 fig.2B) ; wherein the machine-readable indicia is configured to trigger, via a software application loaded on the user mobile device, the at least one processor to retrieve the data object from the third-party server; wherein the data object comprises a plurality of data fields configured to be populated with user data associated with a user of the user mobile device (using the transaction server106 for permitting users to establish accounts with the transaction system by providing information including at least: some addressable information of the user, such as an email address, IP address, device identifier, phone number, or the like; and sonic financial account information, such as a debit or credit card account number, a prepaid credit card account number, a bank account number, or the like. Upon establishing an account, the transaction system assigns a user an identification token, which may be encoded or represented in the form of a bar code, see fig.2B, [0061]), automatically modifying, by the at least one processor, the data object with the user data associated with the user, the modifying comprising populating the plurality of data fields of the data object with the user data based on a user account associated with the user: and transmitting, by the at least one processor to the third-party server, the data object to cause, on behalf of the user, the third-party server to perform the at least one user activity (allowing for new QR codes to be generated and pushed to the mobile device 102 on a periodic, per-transaction or time-out basis; the same key, generated with respect to the unique QR code, can be used to validate any of these additional QR codes, see [0062]). As to claim 2, Priebatsch discloses at least one quick response (QR) code (QR code, see [0066]).. As to claim 3, Priebatsch discloses causing the third-party server to generate, based on a long-term token, the machine- readable indicia such that the machine-readable indicia is associated with the at least one data object that corresponds to at least one activity that is defined by the third-party server and is to be performed by an application end user associated with the software application (submitting a charge to a financial account associated with the user identification token using known methods for processing electronic transactions, including through a payment processor, see [0055] and [0061]). As to claim 4, Priebatsch discloses at least one data object comprises the long-term token personalized to the application end user (user token processing, see [0061]-[0062]). As to claim 5, Priebatsch discloses determining, by the ai least one processor, at least one identifying attribute matches an application end user associated with the software application (producing a list of user recipients with criteria matching the entered criteria, see [0074]). As to claim 6, Priebatsch discloses determining, by the at least one processor, a server identifier matches a server associated with the at least one processor (using the merchant server for updating its query on connection with the created promotion to identify eligible recipients and deliver promotional offer notifications as receipt eligibility criteria are satisfied in future transactions, see [0083] to [0084]). As to claim 7, Priebatsch discloses the at least one data object includes a payment service, an application service, or other services (a merchant payment system, see [0084]-[0086]). As to claim 8, Priebatsch discloses the third-party server includes a leasing company, a real estate company, a service provider offering electronic bill payment, an organization providing services, or an individual providing services (see [0084]-[0085]). As to claim 9, Priebatsch discloses the machine-readable indicia include hyperlinks, smart links, short message service (SMS) messages, or a combination thereof (a link to a URL that directs the transaction server, see [0076]-[0077]). As to claim 10, Priebatsch discloses generating, by the at least one processor, a short term token having an expiration period after which the short term token is configured to expire and triggering, by at least one processor, to retrieve, from the third-party server, the data object associated with at least one user activity in response to the short term token (generating a mature code or an authentication token later which is reset periodically (e.g., in a predetermined period of time), or upon request or manual intervention, see [0055]-[0056]). Claims 11-20 are rejected for the same reasons set forth in claims 1-10 respectively. Response to Arguments Applicant's arguments filed 3/20/26 have been fully considered but they are not persuasive. Applicant assets that the reference does not disclose triggering, by at least one processor associated with a first party, in response to scanning a machine readable indicia by a user mobile associated with a user, to retrieve, a data object, from a third-party service. Examiner respectfully disagree. Examiner respectfully point out that Priebatsch discloses the Applicant claimed invention. For example, Priebatsch discloses a method comprising: triggering, by at least one processor associated with a first party, in response to scanning a machine readable indicia by a user mobile (102 fig.2B) associated with a user, to retrieve, a data object (user information) , from a third-party service (merchant system service) associated with at least one user activity (initiating a payment transaction when the user presents the QR code stored in the mobile device 102 to the merchant system 108. The merchant system 108 may scan the code using, e.g., a POS integrated scanner, and thereupon transmits the scanned data along with the payment amount to the management server 106, see fig.2b, [0065] to [0066]) as rejected above. As a result, cited prior art does disclose a system and method, as broadly claimed by the Applicants. Applicants clearly have still failed to identify specific claim limitations that would define a clearly patentable distinction over prior art. 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 Khanh Dinh whose telephone number is (571) 272-3936. The examiner can normally be reached on Monday through Friday from 8:00 A.m. to 5:00 P.m. 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, Cheema Umar, can be reached on (571) 270-3037. 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. /KHANH Q DINH/Primary Examiner, Art Unit 2458
Read full office action

Prosecution Timeline

Jul 01, 2024
Application Filed
Dec 22, 2025
Non-Final Rejection mailed — §102, §103
Mar 20, 2026
Response Filed
Apr 03, 2026
Final Rejection mailed — §102, §103
Jun 03, 2026
Response after Non-Final Action
Jul 09, 2026
Request for Continued Examination
Jul 16, 2026
Response after Non-Final Action

Precedent Cases

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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
84%
Grant Probability
88%
With Interview (+4.5%)
2y 11m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 734 resolved cases by this examiner. Grant probability derived from career allowance rate.

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