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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by How Apple Pay works under the hood? By Prashant Ram hereafter Ram.
Ram discloses a method comprising:
receiving, by a data processing computer from an event source, a communication comprising a unique value and data relating to a token (When you Pay using Apple Pay with your iPhone, step 2, dynamic CVV (unique value) and dynamic cryptogram (data relating to a token), and the token);
providing, by the data processing computer to a data matching computer, a message comprising the unique value, wherein the data matching computer, determines that the received unique value matches a stored unique value, and then obtains action data (When you Pay using Apple Pay with your iPhone, steps 3-7); and
receiving, by the data processing computer from the data matching computer, the action data (When you Pay using Apple Pay with your iPhone, step 7-8, validates the dynamic CVV and sends “authorization” response (action data)); and
performing, by the data processing computer, an action with respect to the action data (When you Pay using Apple Pay with your iPhone, step 8, transaction is approved), wherein the action comprises applying the action data to an interaction request message comprising the token (When you Pay using Apple Pay with your iPhone, steps 1-8, the action is applied to the interaction request from step 2 which comprises the unique code (CVV), the token and data relating to the token).
2. Ram discloses the method of claim 1, wherein the action data comprises control data (When you Pay using Apple Pay with your iPhone, steps 7-8).
3. Ram discloses the method of claim 1, wherein the unique value is a nonce (When you Pay using Apple Pay with your iPhone, step 2, dynamic CVV (unique value)).
4. Ram discloses the method of claim 1, wherein the data relating to the token is a token reference identifier (When you Pay using Apple Pay with your iPhone, step 2, dynamic cryptogram).
5. Ram discloses the method of claim 1, wherein the token is a substitute for a credential (When a Payment Card is added to Apple Pay, DAN is a substitute for the PAN).
6. Ram discloses the method of claim 1, wherein the unique value is a nonce, and the communication comprises a signed nonce, which is provided to the data matching computer along with the nonce (When you Pay using Apple Pay with your iPhone, steps 1-8).
7. Ram discloses the method of claim 1, wherein the method further comprises: receiving an authorization request message comprising the token (When you Pay using Apple Pay with your iPhone, steps 1-8); and applying the action data to the authorization request message (When you Pay using Apple Pay with your iPhone, steps 1-8).
8. Ram discloses the method of claim 7, wherein the action data comprise control data (When you Pay using Apple Pay with your iPhone, steps 1-8).
Claims 9-14, 16-19 are similar in scope to claims 1-8 and are rejected under similar rationale.
15. Ram discloses the data processing computer of claim 14, wherein the authorization request message comprises an amount (When you Pay using Apple Pay with your iPhone, steps 1-8).
20. Ram discloses the data matching computer of claim 18, wherein, in the method, the data matching computer verifies the signed nonce using a public key associated with the private key (When you Pay using Apple Pay with your iPhone, steps 1-8).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JAMES R TURCHEN whose telephone number is (571)270-1378. The examiner can normally be reached Monday-Friday: 7-3.
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, Luu Pham can be reached at 571-270-5002. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES R TURCHEN/Primary Examiner, Art Unit 2439
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