Prosecution Insights
Last updated: April 19, 2026
Application No. 18/767,513

Assisted Channel Credit Applications with Automatic Integration into Digital Wallets

Non-Final OA §101§103
Filed
Jul 09, 2024
Examiner
CHISM, STEVEN R
Art Unit
3692
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
The Toronto-Dominion Bank
OA Round
1 (Non-Final)
30%
Grant Probability
At Risk
1-2
OA Rounds
3y 5m
To Grant
71%
With Interview

Examiner Intelligence

Grants only 30% of cases
30%
Career Allow Rate
39 granted / 132 resolved
-22.5% vs TC avg
Strong +41% interview lift
Without
With
+41.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
41 currently pending
Career history
173
Total Applications
across all art units

Statute-Specific Performance

§101
33.2%
-6.8% vs TC avg
§103
27.3%
-12.7% vs TC avg
§102
8.1%
-31.9% vs TC avg
§112
30.7%
-9.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 132 resolved cases

Office Action

§101 §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 . Status of Claims The following is a non-final Office Action in response to application number 18767513 filed on July 09, 2024. Claims 1-40 are currently pending with claims 1-20 canceled. Claims 21-40 have been examined. Claim Rejections - 35 USC § 101 35 U.S.C. § 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 21-40 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more. In the instant case, claims 21-28 are directed to a “method”; claims 29-36 are directed to a “system”; and claims 37-40 are directed to “one or more computer storage media”. Therefore, these claims are directed to one of the four statutory categories of invention. Claim 21 recites the abstract idea of “new account generation with login credentials”, which is grouped under “Certain Methods of Organizing Human Activity, commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations)”, in prong one of step 2A. The abstract idea is in italics, and the additional elements are in bold. Claim 21 recites the method steps “in response to receiving a request for a new account from the first user device, generating, by a server and in response to the request received from the first user device, a new account and first data including (i) an account number, (ii) user login credentials, and (iii) transaction information; identifying, by the server, based on the request (i) a set of one or more user devices, wherein the set of user devices includes the first user device and (ii) a set of one or more merchant systems, wherein the set of one or more merchant systems includes the first merchant system; based on the identification of the set of user devices and the set of one or more merchant systems, encrypting, by the server, at least a portion of the first data including (i) the user login credentials and (ii) the transaction information; transmitting, by the server, (i) the encrypted user login credentials to the first user device and (ii) the transaction information to the first merchant system; receiving, by the server and from the first user device, a login request, wherein the login request includes the transmitted encrypted user login credentials, unencrypted; and providing, by the server, and based on the received unencrypted user login credentials, information associated with the created new account”, which represent the abstract idea “new account generation with login credentials”. (MPEP §2106.04 II.A.1.). This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A (MPEP §2106.04 II.A.2.), the additional elements of the claim, such as “a first user device”, “a first merchant system”, “a set of one or more user devices”, “a set of one or more merchant systems” and “a server”, represent the use of a computer as a tool to perform an abstract idea. When analyzed under step 2B (MPEP 2106.05 I.A.), the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception itself. Viewed as a whole, the combination of elements recited in the claim merely describes the concept of “new account generation with login credentials” using computer technology (e.g., “a first user device” and “a server”). Therefore, the use of these additional elements do no more than employ a computer as a tool to implement the abstract idea, which cannot provide significantly more than the abstract idea itself (MPEP 2106.05 I A (f) & (h)). Therefore, claim 21 is non-statutory. Claim 29 also recites the abstract idea of “new account generation with login credentials”, as well as the additional elements of “a system”, “one or more computers”, “one or more storage devices”, “a first user device”, “a first merchant system”, “a set of one or more user devices”, and “a set of one or more merchant systems”, which represent the use of a computer as a tool to perform an abstract idea. Therefore, the additional elements do not integrate the abstract idea into a practical application as they do no more than represent a computer performing functions that correspond to implementing the acts of “new account generation with login credentials.” When analyzed under step 2B (MPEP 2106.05 I.A.), the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception itself. Viewed as a whole, the combination of elements recited in the claim merely describe the concept of “new account generation with login credentials” using computer technology (e.g., “one or more computers” and “one or more storage devices”). Therefore, the use of these additional elements do no more than employ a computer as a tool to implement the abstract idea. As the computer does no more than serve as a tool to implement the abstract idea, they do not improve computer functionality or improve another technology or technical field. (MPEP 2106.05 I A (f) & (h)). Therefore, claim 29 is non-statutory. Claim 37 also recites the abstract idea of “new account generation with login credentials”, as well as the additional elements of “one or more computers”, “a first user device”, “a first merchant system”, “a set of one or more user devices”, “a set of one or more merchant systems” and “one or more computer storage media”, which represent the use of a computer as a tool to perform an abstract idea. Therefore, the additional elements do not integrate the abstract idea into a practical application as they do no more than represent a computer performing functions that correspond to implementing the acts of “new account generation with login credentials.” When analyzed under step 2B (MPEP 2106.05 I.A.), the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception itself. Viewed as a whole, the combination of elements recited in the claim merely describe the concept of “new account generation with login credentials” using computer technology (e.g., “a set of one or more user devices” and “one or more computer storage media”). Therefore, the use of these additional elements do no more than employ a computer as a tool to implement the abstract idea. As the computer does no more than serve as a tool to implement the abstract idea, they do not improve computer functionality or improve another technology or technical field. (MPEP 2106.05 I A (f) & (h)). Therefore, claim 37 is non-statutory. Dependent claims 22, 30, and 38 further describe the abstract idea of “new account generation with login credentials”. Specifically, they recite “…, comprising: initiating, by the server, generation of a payment token on the first user device by transmitting the encrypted user login credentials to the first user device; and initiating, by the server, adding of a token for the ongoing transaction to a digital wallet associated with the first user device by transmitting the transaction information to the first merchant system.” The additional elements of “the server”, “the first user device”, “a digital wallet”, and “the first merchant system” do no more than employ a computer as a tool to implement the abstract idea. And, as they do no more than employ a computer as a tool to implement the abstract idea, they do not improve the functioning of the computer or computer technology. Dependent claims 23, 31, and 39 further describe the abstract idea of “new account generation with login credentials”. Specifically, they recite “…, comprising: initiating, by the server, a matching process on the first merchant system by transmitting the transaction information to the first merchant system.” The additional elements of “the server” and “the first merchant system” do no more than employ a computer as a tool to implement the abstract idea. And, as they do no more than employ a computer as a tool to implement the abstract idea, they do not improve the functioning of the computer or computer technology. Dependent claims 24, 32,and 40 further describe the abstract idea of “new account generation with login credentials”. Specifically, they recite “… wherein the request for the new account includes an identification of the first merchant system.” The additional element of “the first merchant system” does no more than employ a computer as a tool to implement the abstract idea. And, as it does no more than employ a computer as a tool to implement the abstract idea, it does not improve the functioning of the computer or computer technology. Dependent claims 25 and 33 further describe the abstract idea of “new account generation with login credentials”. Specifically, they recite “…, comprising: identifying, by the server, a set of terms and conditions for the new account; encrypting, by the server, the set of terms and conditions for the new account; and transmitting, by the server, the encrypted set of terms and conditions to the first user device”. The additional elements of “the server” and “the first user device” do no more than employ a computer as a tool to implement the abstract idea. And, as they do no more than employ a computer as a tool to implement the abstract idea, they do not improve the functioning of the computer or computer technology. Dependent claims 26 and 34 further describe the abstract idea of “new account generation with login credentials”. Specifically, they recite “…, comprising: receiving, by the server, the request for the new account from the first user device via a teller application.” The additional elements of “server”, “the first user device”, and “a teller application” do no more than employ a computer as a tool to implement the abstract idea. And, as they do no more than employ a computer as a tool to implement the abstract idea, they do not improve the functioning of the computer or computer technology. Dependent claims 27 and 35 further describe the abstract idea of “new account generation with login credentials”. Specifically, they recite “…, wherein generating the first data includes: generating a new account number for a new account.” Dependent claims 28 and 36 further describe the abstract idea of “new account generation with login credentials”. Specifically, they recite “…, wherein generating the first data includes: generating user login credentials that match a preexisting user login credentials in a preexisting account associated with a user of the first user device.” The additional element of “the first user device” does no more than employ a computer as a tool to implement the abstract idea. And, as it does no more than employ a computer as a tool to implement the abstract idea, it does not improve the functioning of the computer or computer technology. Hence, claims 21-40 are not patent eligible. 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, 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U. S. 1. 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. § 103 are summarized as follows: Determining the scope and contents of the prior art. Ascertaining the differences between the prior art and the claims at issue. Resolving the level of ordinary skill in the pertinent art. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 21-24, 26-32, 34-40 are rejected under 35 U.S.C. 103 as being unpatentable over Sanchez et al (U. S. Patent Application Publication No. 20140070001 A1), herein referred to as Sanchez, and in further view of Poltorak (U. S. Patent Application Publication No. 20060277139 A1), herein referred to as Poltorak. Regarding claims 21, 29, and 37, Sanchez discloses a computer-implemented method performed during an ongoing transaction between a first user device and a first merchant system, the method comprising: in response to receiving a request for a new account (para 33, “… A response can be received from the consumer's mobile device to obtain the offer and the credit card application can be transmitted to downloaded at the consumer's mobile device. The consumer can fill out the credit card application on their mobile device and submit it electronically for approval. The credit card application can be received and/or transmitted to an issuing bank managing the credit card pro-gram for approval or denial …”) from the first user device (FIG. 1, item 1-120(1); paras 39, 47), generating, by a server (FIG. 1, items 124, 156; para 60) and in response to the request received from the first user device, a new account and first data including (i) an account number, (ii) user login credentials, and (iii) transaction information (para 33, “… The notification of approval or denial can be received from the issuing bank and can be transmitted to the consumer's mobile device along with the new credit card account information, if any, for the consumer. The credit card account information can also be stored auto-matically on the consumer's mobile device as a payment method for the consumer. After the consumer has selected one or more goods for purchase, the consumer, using a mobile commerce application program, also known as a mobile wal-let or wallet app that has been downloaded or other otherwise implemented by a consumer and/or merchant via the mobile device, can transmit a payment request along with the new credit card account information to a point of sale (POS) device at the merchant location …”); identifying, by the server (FIG. 1, items 124, 156; para 60), based on the request (i) a set of one or more user devices, wherein the set of user devices includes the first user device and (ii) a set of one or more merchant systems, wherein the set of one or more merchant systems includes the first merchant system (para 42, “… The data files may include any suitable data that facili-tates the operation of the merchant system computer 112 and/or associated merchant device 114, and/or interaction of the merchant system computer 112 and/or associated merchant device 115 with one or more other components (e.g., one or more one or more consumer or mobile devices 120(1 )-120(N), one or more server transaction processing systems 106, one or more merchant acquiring platforms, one or more issuer systems, one or more financial institution systems 124, etc.) of the system 100 …”; para 45, “… The one or more network interfaces may facilitate connection of the merchant system computer 112 and/or associated merchant device 114 to one or more suitable networks, such as 126, and/or communication links … the merchant system computer 112 and/or associated merchant device 114 may receive and/or communicate information to other components of the system 100, such as the consumer or mobile devices, for example 120(1)-120(N), the server transaction processing systems 106, and/or the issuer or financial institution systems 124 …); based on the identification of the set of user devices and the set of one or more merchant systems, encrypting, by the server (FIG. 1, items 124, 156; para 60), at least a portion of the first data including (i) the user login credentials and (ii) the transaction information (para 49, “… a mobile device, such as 120(1), may include one or more secure elements configured to securely store and/or access informa-tion, such as payment applications, payment account information, validation information (e.g., a stored mPIN, etc.), encryption information, and/or other transaction-related information. The secure elements may be stored in the memory 118(1) and/or included as a separate component of the mobile device 120(1 )… a secure element may be a separate chip that is configured to communicate with primary computing functionality for the mobile device … one or more of the transaction modules, such as the mobile commerce application program 116(1 ), may be stored on a secure element. The transaction modules may be invoked by other components of the mobile device 120(1) and/or by one or more other components of the system 100, such as the merchant system computer 112, merchant system device 114, and/or the server transaction processing system 106 …”; para 51, “… a transaction module may be provisioned to the mobile device 120(1) by a server transaction processing system 106 and/or by an issuer or financial institution system 124 … during the installation and/or registration of the transaction module, a wide variety of validation information may be generated and/or identified … the PIN and/or a wide variety of information derived from the mPIN (e.g., an encrypted mPIN, etc.) may be provided to one or more issuer or financial institution systems, such as 124, or an issuer system associated with an issuer of a payment account ( e.g., a credit account, a debit account, a stored value account, etc.) that is associated with the transaction module …”); transmitting, by the server (FIG. 1, items 124, 156; para 60), (i) the encrypted user login credentials to the first user device (para 52, “… Following the invocation of the transaction module, a request for validation data and/or payment transaction data and/or credit card application data may be received. As desired, the transaction module may prompt the consumer for entry of an mPIN, and an mPIN value entered by the con-sumer, such as 122(1), (e.g., by a keypad, touchscreen, etc.) may be identified. A stored mPIN value may then be accessed from the secure element and compared to the entered mPIN value. In this regard, the entered mPIN value may be authen-ticated …”) and (ii) the transaction information to the first merchant system (para 53, “… If, however, the entered mPIN value is authenticated, then the transaction module may provide payment account data and/or credit card application data and associated validation data to the merchant system computer 112, merchant system device 114, or server transaction processing system 106. A wide variety of different types of validation data may be provided as desired in various embodiments, including but not limited to, an mPIN entered by the consumer 122(1), an indication that the entered mPIN was authenticated by the mobile device 120(1) and/or the secure element, an encrypted version of the entered mPIN, and/or an encrypted version of the stored mPIN … an entered mPIN may be authenticated, encrypted, and provided to the merchant system computer (or a server transaction processing system) … the encrypted mPIN may be provided to the issuer or financial institution system, such as 124, for authentication and/or risk analysis purposes …”); … With respect to claim 29, Sanchez further discloses a system comprising one or more computers and one or more storage devices (FIG. 1, items 100, 104, 106, 110, 112, 124, 128, 146, 156, 158; paras 39-42, 56, 60) on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations (Sanchez, FIG. 1, items 128; paras 41, 106, 108) during an ongoing user transaction between a first user device and a first merchant system, the operations comprising: … With respect to claim 37, Sanchez further discloses one or more computer storage media encoded with instructions (FIG. 1, items 110; paras 42, 108) that, when executed by one or more computers, cause the one or more computers to perform operations during an ongoing user transaction between a first user device and a first merchant system, the operations comprising: … Sanchez does not specifically disclose, however, Poltorak discloses receiving, by the server (FIG. 1, items 100, 110; paras 32, 34) and from the first user device (FIG. 1, item 180; para 36), a login request, wherein the login request includes the transmitted encrypted user login credentials, unencrypted (para 11, “… the credit account information received from the customer includes the customer's user name and password for logging onto a web site that provides information about the at least one current credit account. The user name and the password are used by the system to log onto the web site and obtain from the web site account statement of the at least one current credit account. The financial terms of the at least one current credit account are then determined from the statement …”; para 15, “… The information regard-ing the credit accounts is sufficient to log onto web site of each credit account of the plurality of credit accounts and obtain a statement of the customer's credit account associ-ated with the web site. The system also obtains from the customer information regarding an electronic payment account from which the customer can make electronic ( on line) bill payments. The information regarding the electronic payment account is sufficient to log onto a web site of the electronic payment account and make bill payments from the electronic payment account. The system logs onto the web site of each credit account and obtains statement of the credit account …”); and providing, by the server (FIG. 1, items 100, 110; paras 32, 34), and based on the received unencrypted user login credentials, information associated with the created new account (para 15, “… The information regarding the electronic payment account is sufficient to log onto a web site of the electronic payment account and make bill payments from the electronic payment account. The system logs onto the web site of each credit account and obtains statement of the credit account. Based on the statements, the system sched-ules payment dates and payment amounts for each credit account. The system also generates a report for each credit account, wherein the report includes an estimate of repay-ment period length computed assuming that only minimum payments are made to the corresponding credit account. The system then causes payments to be made to each credit account from the electronic payment account on the sched-uled dates and in the amounts that have been previously determined. The reports corresponding to the credit accounts are sent to the customer as the payments are made …”). Poltorak discloses a system and method for credit account management. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a system and method for credit account management, as in Poltorak, to improve and/or enhance the technology for facilitating the approval and use of a credit account via mobile commerce, as in Sanchez, because it would amount to combining elements that in the combination would perform the same function as they functioned separately. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to combine the references provide a method and a system monitoring account activity for an action that triggers a process for providing an account owner with the opportunity to apply for and receive credit instantly for a transaction, which may be funded by one of a variety of different sources thus providing additional credit when needed in real time. Regarding claims 22, 30, and 38, Sanchez and Poltorak disclose the limitations of claims 21, 29, and 37. Sanchez further discloses the method of claim 21, comprising: initiating, by the server (FIG. 1, items 124, 156; para 60), generation of a payment token on the first user device by transmitting the encrypted user login credentials to the first user device (para 33, “… a mobile commerce application program, also known as a mobile wallet or wallet app, can be downloaded or other otherwise implemented by a consumer and/or merchant via a mobile device or client device, such as a smartphone, cellphone, or tablet computer. The mobile commerce application program can integrate both payment and credit application functionality for use by merchants and consumers to facilitate payment and/or apply for credit cards for one or more merchants … A response can be received from the consumer's mobile device to obtain the offer and the credit card application can be transmitted to downloaded at the consumer's mobile device. The consumer can fill out the credit card application on their mobile device and submit it electronically for approval. The credit card application can be received and/or transmitted to an issuing bank managing the credit card program for approval or denial. The notification of approval or denial can be received from the issuing bank and can be transmitted to the consumer's mobile device along with the new credit card account information, if any, for the consumer …”); and initiating, by the server (FIG. 1, items 124, 156; para 60), adding of a token for the ongoing transaction to a digital wallet associated with the first user device by transmitting the transaction information to the first merchant system (para 33, “… The credit card account information can also be stored automatically on the consumer's mobile device as a payment method for the consumer. After the consumer has selected one or more goods for purchase, the consumer, using a mobile commerce application program, also known as a mobile wallet or wallet app that has been downloaded or other otherwise implemented by a consumer and/or merchant via the mobile device, can transmit a payment request along with the new credit card account information to a point of sale (POS) device at the merchant location …”). Regarding claims 23, 31, and 39, Sanchez and Poltorak disclose the limitations of claims 21-22, 29-30, and 37-38. Sanchez further discloses the method of claim 22, comprising: initiating, by the server (FIG. 1, items 124, 156; para 60), a matching process on the first merchant system by transmitting the transaction information to the first merchant system (para 36, “… The mobile commerce application can be launched and can display the bill for the consumer on the display of the mobile device. The consumer can transmit a request to pay the bill and bill pay options can be determined and transmitted to the mobile commerce application for dis-play on the consumer's mobile device. Via the mobile com-merce application, the consumer can select the bill payment option to use for paying the credit card bill and the selected bill payment option along with the bill can be transmitted by the mobile commerce application via the server to the issuing bank or associated third party for payment. The server can receive a notification of successful payment from the issuing bank or associated third party and can transmit the notifica-tion to the consumer's mobile device for display via the mobile commerce application …”). Regarding claims 24, 32, and 40, Sanchez and Poltorak disclose the limitations of claims 21, 29, and 37. Sanchez further discloses the method of claim 21, wherein the request for the new account includes an identification of the first merchant system (para 34, “… a consumer can enter a merchant location and select one or more goods for purchase. The consumer can scan a QR code or similar one-dimensional or two dimensional code using the consumer's mobile device. Upon scanning the QR code, an offer to apply for a credit card can be transmitted to the consumer's mobile device along with any discount or promotion associated with the credit application offer. A response can be received from the consumer's mobile device to obtain the offer and the credit card application can be transmitted to and downloaded at the consumer's mobile device. The consumer can fill out the credit card application on their mobile device and submit it electronically for approval. The credit card application can be transmitted to an issuing bank managing the credit card program for approval or denial of the credit account. The notification of approval or denial can be received from the issuing bank and can be transmitted to the consumer's mobile device along with the new credit card account information for the consumer. The credit card account information can also be stored on the consumer's mobile device as a payment method for the consumer. Using a mobile commerce application program, also known as a mobile wallet or wallet app that has been downloaded or other otherwise implemented by a consumer and/or merchant via the mobile device, the consumer can transmit a payment request along with the new credit card account information to a point of sale (POS) device at the merchant location …”). Regarding claims 26 and 34, Sanchez and Poltorak disclose the limitations of claims 21 and 29. Sanchez further discloses the method of claim 21, comprising: receiving, by the server (FIG. 1, items 124, 156; para 60), the request for the new account from the first user device via a teller application (para 59, “… an issuer or financial institution system, such as 124, may host a credit card application pro-cessing program, such as 155, or module to facilitate the evaluation, approval and or denial of a received credit card application from a consumer via the mobile device (120(1 ). In certain example embodiments, a credit card application may be routed to an issuer or financial institution system, such as 124, via a suitable transaction network ( e.g., a debit network, a credit network, etc.), and the issuer or financial institution system, such as 124, may evaluate the credit card application via the credit card application processing program, such as 155, or module …”). Regarding claims 27 and 35, Sanchez and Poltorak disclose the limitations of claims 21 and 29. Sanchez further discloses the method of claim 21, wherein generating the first data includes: generating a new account number for the new account (para 59, “… An approval or denial of a credit account and credit card associated with the credit card application along with any new account number and account details (if the application is approved) may then be output for communication to the consumer mobile device 120(1). The consumer via the mobile device 120(1) may then institute a purchase transaction using the new account information for the approved credit account …”). Regarding claims 28 and 36, Sanchez and Poltorak disclose the limitations of claims 21 and 29. Sanchez does not specifically disclose, however, Poltorack discloses the method of claim 21, wherein generating the first data includes: generating user login credentials that match a preexisting user login credentials in a preexisting account associated with a user of the first user device (FIG. 3, 4, items 100, 345, 405, 410; para 77, “… In step 345, the system 100 logs onto the credit account corresponding to the current value of the account counter. After logging onto the account, the system 100 obtains the latest statement of the account, including the minimum amount due, and the date on which the amount is due …”; para 91, “… In step 405, the system 100 logs onto the customer's electronic payment system …”; para 92, “ … decision block 410, the system 100 determines whether sufficient finds are available to make the scheduled payment …”). Poltorak discloses a system and method for credit account management. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a system and method for credit account management, as in Poltorak, to improve and/or enhance the technology for facilitating the approval and use of a credit account via mobile commerce, as in Sanchez, because it would amount to combining elements that in the combination would perform the same function as they functioned separately. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to combine the references to provide a system and a method providing additional credit during a transaction when time may be of the essence for a small business or other entity, and where a delay of hours to have credit increased or extended may be too long and detrimental to the small business or other entity. Claims 25 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Sanchez et al (U. S. Patent Application Publication No. 20140070001 A1), herein referred to as Sanchez, in view of Poltorak (U. S. Patent Application Publication No. 20060277139 A1), herein referred to as Poltorak, and in further view of Bornhofen et al (U. S. Patent Application Publication No. 20150073975 A1), herein referred to as Bornhofen. Regarding claims 25 and 33, , Sanchez and Poltorak disclose the limitations of claims 21 and 29. Sanchez and Poltorak do not specifically disclose, however, Bornhofen discloses the method of claim 21, comprising: identifying, by the server (FIG. 3, paras 224-226), a set of terms and conditions for the new account (para 321, “… Web Application, which can, e.g., be maintained on a separate secure server, will transfer information to and from ICE for processing, e.g.: …”; para 327, “… Dynamically generate Terms & Conditions …”); encrypting, by the server (FIG. 3, paras 224-226), the set of terms and conditions for the new account (Fig. 3, para 315, “ … Because the purchase is made over the Internet, the application will preferably receive additional verification as discussed hereinabove. If no additional verification is pro-vided, the Instant Credit application should reside on a secure server of the card issuer, the customer must read Terms and Conditions and click to continue, and if approved, the credit card number and expiration date are preferably posted back on the merchant's order page, visible to the customer. Option-ally, the user could be limited to a single transaction …”); and transmitting, by the server (FIG. 3, paras 224-226), the encrypted set of terms and conditions to the first user device (para 186, “… 4. The customer must check the "I have read and accept the Terms & Conditions" check box before the application form will be submitted to the ICE …”; para 199, “… Preferably, unsolicited existing card members will be presented with all terms and conditions and RICA information that is required ...”; para 204, “… 4. The customer must check the "I have read and accept the Terms & Conditions" check box before the application form will be submitted to ICE. If the customer does not check the "checkbox" they will be forwarded to a "thank you" page …”; para 220, “… 9. The terms and conditions will be displayed (such being based on the source code and product). The customer then accepts or rejects the card …”; para 299, “… Preferably, the Terms & Conditions are dynamic (e.g., based on source code or product). A template for each product will be provided and query will be made to determine the variable information. Preferably, the customer must check the "Terms & Conditions" check boxes before the application form will be submitted to ICE …”). Bornhofen discloses a method and system for the issuance of instant credit. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a method and system for the issuance of instant credit, as in Bornhofen; and to include a system and method for credit account management, as in Poltorak, to improve and/or enhance the technology for facilitating the approval and use of a credit account via mobile commerce, as in Sanchez, because it would amount to combining elements that in the combination would perform the same function as they functioned separately. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to combine the references to provide dynamic Terms & Conditions for display and acceptance by the customer before the application form will be submitted to the instant credit engine for review and adjudication of the requested credit recording the customer’s acceptance of the credit agreement governing the borrowing and repayment process, and the key terms, including the interest rate, repayment schedule, and consequences of default, which protect both the lender and the borrower. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Paisley (U. S. Patent No. 10332203 B2) – Systems And Methods For Facilitating Credit Card Application Transactions Paisley discloses credit card application information being requested from a user. A credit card application information is provided to a credit authorization server for credit approval based on the credit card application information. Additionally, an indication is received for credit approval of the user from the credit authorization server. The indication includes a graphical representation of credit information and the graphical represented displayed for use in completing a payment transaction. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN CHISM whose telephone number is (571) 272-5915. The examiner can normally be reached during 9:00 AM – 3:00 PM Monday – Thursday, EST. 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 (571) 270-3602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /STEVEN R CHISM/Examiner, Art Unit 3692 /DAVID P SHARVIN/Primary Examiner, Art Unit 3692
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Prosecution Timeline

Jul 09, 2024
Application Filed
Dec 12, 2025
Non-Final Rejection — §101, §103 (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

1-2
Expected OA Rounds
30%
Grant Probability
71%
With Interview (+41.1%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 132 resolved cases by this examiner. Grant probability derived from career allow rate.

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