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 .
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 (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 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 for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5-6, 8, 12-13, 15, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodges et al. (US 20150213427 A1) in view of Reedman (US 20200112859 A1).
Regarding claim 1, Hodges teaches a system comprising: (0009; systems)
a memory configured to store (memory storing RF signals) an indication of an expected electromagnetic signal (RF signals) associated with at least one operation (emitted) experienced by a portable device; (Fig 1; 0027; Atm device that includes an RF detection server; [0030; 0036] storing captured RF data in memory; detected RF signals database 238; 0041; detected RF signals include non-harmful devices (equivalent to portable device))
an electromagnetic field sensor circuit configured to detect electromagnetic signals; (0027; an antenna adapted to detect RF signals)
an electromagnetic signal emitter circuit configured to emit a particular electromagnetic signal; (0010; 0026; 0044; RF signals emitted by the atm system; therefore associated hardware generally laid out in a circuit must be present)
and a processor, operably coupled to the memory, the electromagnetic field sensor circuit, and the electromagnetic signal emitter circuit, and configured to: (0006; 0008; processor executing instructions stored in memory for performing operations of the invention, see above for different operations of the circuits)
detect, via the electromagnetic field sensor circuit, a first electromagnetic signal, (0027; In the embodiment shown in FIG. 1, system 100 may include an antenna 110 adapted to detect one or more RF signals 115 and a receiver 120 that receives the RF signals detected by antenna 110 and converts those signals to digital data.)
wherein the first electromagnetic signal originates from an external device; (0026; 0042-0043; where the device emitting the signal can be a skimmer device present near the atm, or other unauthorized devices)
determine a first set of attributes associated with the first electromagnetic signal, wherein the first set of attributes comprises (0026; 0046; detecting RF signals and determining different frequency ranges, [0048-0049] amplitude levels of expected baseline and detected signal; (0029; different signal modulation; [0036] which is signals emitted by the same device across different frequencies))
a first power level, (amplitude; 0048; Skimmer RF detection server 130 may also be configured to determine whether differences between the amplitude levels and/or the frequencies of the baseline signals and the detected signals are present in multiple frequency ranges during the predetermined time period (e.g., step S450))
a first frequency range, (0026; As another example, the system may also determine that a skimmer is present based on the number and type of detected RF emissions in various frequency ranges and/or the period of time that the particular RF emissions are detected; 0046; For example, skimmer RF detection server 130 may compare one or more baseline signals associated with the ATM to one or more detected signals associated with the ATM to determine whether one or more differences exists in one or more frequency ranges of the compared signals.)
and a first electromagnetic pattern associated with the first electromagnetic signal; (0029; different signal modulation; [0036] which is signals emitted by the same device across different frequencies)
compare the first electromagnetic signal with the expected electromagnetic signal (baseline signals), wherein: (0044; New signals may be compared against that baseline and any incremental signal that is statistically different from random Gaussian (RF static) noise may be flagged for additional analysis. 0046; For example, skimmer RF detection server 130 may compare one or more baseline signals associated with the ATM to one or more detected signals associated with the ATM to determine whether one or more differences exists in one or more frequency ranges of the compared signals. As another example, skimmer RF detection server 130 may compare the amplitude(s) of the one or more baseline signals associated with the ATM to the amplitude(s) of the detected signals associated with the ATM to determine whether one or more differences exist in the amplitudes of the compared signals.)
comparing the first electromagnetic signal with the expected electromagnetic signal comprises comparing at least one attribute from among the first set of attributes with a corresponding attribute associated with the expected electromagnetic signal; (0046; For example, skimmer RF detection server 130 may compare one or more baseline signals associated with the ATM to one or more detected signals associated with the ATM to determine whether one or more differences exists in one or more frequency ranges of the compared signals. As another example, skimmer RF detection server 130 may compare the amplitude(s) of the one or more baseline signals associated with the ATM to the amplitude(s) of the detected signals associated with the ATM to determine whether one or more differences exist in the amplitudes of the compared signals
and the corresponding attribute comprises a second power level, a second frequency range, or a second electromagnetic pattern; (0046; For example, skimmer RF detection server 130 may compare one or more baseline signals associated with the ATM to one or more detected signals associated with the ATM to determine whether one or more differences exists in one or more frequency ranges of the compared signals. As another example, skimmer RF detection server 130 may compare the amplitude(s) of the one or more baseline signals associated with the ATM to the amplitude(s) of the detected signals associated with the ATM to determine whether one or more differences exist in the amplitudes of the compared signals)
determine, based at least in part upon the comparison, a difference between the first electromagnetic signal and the expected electromagnetic signal; (0046; For example, skimmer RF detection server 130 may compare one or more baseline signals associated with the ATM to one or more detected signals associated with the ATM to determine whether one or more differences exists in one or more frequency ranges of the compared signals. As another example, skimmer RF detection server 130 may compare the amplitude(s) of the one or more baseline signals associated with the ATM to the amplitude(s) of the detected signals associated with the ATM to determine whether one or more differences exist in the amplitudes of the compared signals)
determine that the difference between the first electromagnetic signal and the expected electromagnetic signal is more than a threshold value; ([0046] Skimmer RF detection server 130 may be configured to determine, when analyzing the detected RF signals provided by receiver 120, whether the amplitude of the detected RF signals exceeds the threshold level. 0061; In certain aspects, comparator program 621 may be programmed with one or more difference threshold levels for detected differences.)
and in response to determining that the difference between the first electromagnetic signal and the expected electromagnetic signal is more than the threshold value: (mapping above for determination of differences)
determine that the external device is a malicious device attempting to access information associated with the portable device; (0041; 0049; determining that the signals are being emitted by a skimmer which by nature attempts to access information of an atm card; see 0003-0005 discussing how skimmer access bank cards)
and perform one or more countermeasure actions, (0042; For example, in some embodiments, skimmer RF detection server 130 may generate the alert such that it may include one or more images (e.g., digital picture, or the like) of the detected skimmer, information about how to remove, disable, etc. the skimmer, and the like.)
Ray does not explicitly teach wherein the one or more countermeasure actions comprise an emission of the particular electromagnetic signal via the electromagnetic signal emitter circuit,
wherein the particular electromagnetic signal is configured to counter an electromagnetic field generated by the external device.
In an analogous art Reedman teaches wherein the one or more countermeasure actions (nullifying signal) comprise an emission of the particular electromagnetic signal (emitting a nullifying signal) via the electromagnetic signal emitter circuit(transmitter), ([0048] A signal processor 130 is provided in the shield device 100 with processing capability for sampling a detected signal and determining a nullifying signal required to dampen or cancel out the detected signal and to instruct the signal generator 123 to generate the nullifying signal. [0038] A radio frequency radiation shield device is described for providing a nullifying radio frequency signal to at least partially cancel out or otherwise interfere with a detected incoming radio frequency signal. 0037; The shield device includes a receiver for detecting a near field radio frequency signal including one or more receiving antennas for target frequencies and a transmitter including a transmitting antenna at the target frequencies for transmitting a nullifying signal. [0015] The shield device may provide both forms of protection (e.g., the stopping of a leaking detected signal and the stopping of an interfering, nefarious signal) simultaneously for protected electronic devices within its field range.)
wherein the particular electromagnetic signal is configured to counter an electromagnetic field generated by the external device. (Mapping directly above discussing a nullifying signal)
It would have been obvious to one of ordinary skill in the art prior to the effective filing of the application to modify the teachings of [Hodges] to include [emitting a counteracting signal] as is taught by [Reedman].
The suggestion/motivation for doing so is to [improve signal shielding and counteractive signaling 0001-0007].
Regarding claim 5, Hodges in view of Reedman teach the system of Claim 1, and is disclosed above, Hodges further teaches wherein the processor is further configured to communicate an alert message that indicates the external device is detected (skimmer device detected) and the one or more countermeasure actions are performed (instructions on how to disable). (0042; For example, in some embodiments, unauthorized device detection server 530 may generate the alert such that it may include one or more images (e.g., digital picture, or the like) of the detected device, information about how to remove, disable, etc. the device, and the like)
Regarding claim 6, Hodges in view of Reedman teach the system of Claim 1, and is disclosed above, Hodges further teaches wherein the processor is further configured to: detect a location of the external device with respect to the portable device based at least in part upon the first electromagnetic signal; (0081-0082; If combined RF/3D detection server 930 detects RF signals that indicate a skimmer is present, combined RF/3D detection server 930 may be configured to determine the current 3D image of the monitored ATM and compare the current depth/shape data to the baseline 3D image data for the ATM (S1150), for example, using processes consistent with those described with respect to FIGS. 7 and 8. If the differences in the 3D image data indicates an unauthorized device or possible damage may be present (S1160: Yes), an alert may be generated (S1170) and transmitted to client terminal 940. 0043; In certain aspects, the disclosed embodiments may be configured to generate and store data related to multiple skimming devices detected at respective ATMs; 0029; Receiver 120 may also be associated with a particular ATM and may store identification information related to the ATM (e.g., ATM location, ATM type, etc.; )
and communicate an instruction message to one or more components associated with the portable device, (0081-0082; generating an alert to client terminal; 0042; For example, in some embodiments, unauthorized device detection server 530 may generate the alert such that it may include one or more images (e.g., digital picture, or the like) of the detected device, information about how to remove, disable, etc. the device, and the like; In addition, alerts may be transmitted with other information about the detection (e.g., location of the ATM information, one or more images of the ATM, time information, etc.).)
wherein the instruction message comprises the location of the external device and an instruction to perform the one or more countermeasure actions. (0081-0082; generating an alert to client terminal; 0042; For example, in some embodiments, unauthorized device detection server 530 may generate the alert such that it may include one or more images (e.g., digital picture, or the like) of the detected device, information about how to remove, disable, etc. the device, and the like; In addition, alerts may be transmitted with other information about the detection (e.g., location of the ATM information, one or more images of the ATM, time information, etc.).)
Regarding claim 8, the claim inherits the same rejection as claim 1 for reciting similar limitations in the form of a method claim Hodges teaches [0006] method.
Regarding claim 12, the claim inherits the same rejection as claim 5 for reciting similar limitations in the form of a method claim Hodges teaches [0006] method.
Regarding claim 13, the claim inherits the same rejection as claim 6 for reciting similar limitations in the form of a method claim Hodges teaches [0006] method.
Regarding claim 15, the claim inherits the same rejection as claim 1 for reciting similar limitations in the form of a non-transitory medium claim Hodges teaches [0006] a non-transitory medium.
Regarding claim 19, the claim inherits the same rejection as claim 5 for reciting similar limitations in the form of a non-transitory medium claim Hodges teaches [0006] a non-transitory medium.
Regarding claim 20, the claim inherits the same rejection as claim 6 for reciting similar limitations in the form of a non-transitory medium claim Hodges teaches [0006] a non-transitory medium.
Claim(s) 2, 9, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodges et al. (US 20150213427 A1) in view of Reedman (US 20200112859 A1) and further in view of Zhang et al. (US 20230385565 A1)
Regarding claim 2, Hodges in view of Reedman teach the system of Claim 1, and is disclosed above, Hodges in view of Reedman do not explicitly teach wherein:
the system further comprises a magnetic field modulation device configured to change a modulation of a magnetic stripe associated with the portable device; (0003; to use an ATM, the customer may insert a banking card containing magnetic stripe information into the ATM's card reader; 0027; System 100 may also include a skimmer RF detection server 130 that may be configured to demodulate the digital data and analyze the demodulated data to detect whether a skimmer is present on or near an ATM.
Hodges in view of Reedman do not explicitly teach the magnetic field modulation device comprises a magnetic coil;
the one or more countermeasure actions further comprise changing the modulation of the magnetic stripe,
wherein changing the modulation of the magnetic stripe changes one or more characteristics associated with the magnetic stripe;
and the one or more characteristics comprise at least one of a magnetic signal frequency, a magnetic signal amplitude, or a bit stream associated with the magnetic stripe.
In an analogous art Zhang teaches the magnetic field modulation device comprises a magnetic coil; (0094; Specifically, an NFC antenna (or a coil) of the electronic device 100 is a load of a transmit antenna (or a coil) of the NFC card reader 101 … Specifically, an NFC antenna (or a coil) of the electronic device 100 is a load of a transmit antenna (or a coil) of the NFC card reader 101. In this way, the electronic device 100 changes a parameter (for example, resonance and detuning) of an antenna loop, to modulate the NFC card reader 101, so that the electronic device 100 can transmit data back to the NFC card reader 101 at a same transmission speed; [0067] In some embodiments, the NFC card reader 101 includes but is not limited to an access card reader, a card reader configured on a bus turnstile (a bus POS terminal), a card reader configured on a subway turnstile, a card reader configured on a door lock, an NFC payment terminal configured at a transaction place (for example, a bank card POS terminal), a card reader configured on a car door handle, or a card reader configured on a treadmill.)
the one or more countermeasure actions further comprise changing the modulation of the magnetic stripe (NFC chip), (0094; Specifically, an NFC antenna (or a coil) of the electronic device 100 is a load of a transmit antenna (or a coil) of the NFC card reader 101. In this way, the electronic device 100 changes a parameter (for example, resonance and detuning) of an antenna loop, to modulate the NFC card reader 101, so that the electronic device 100 can transmit data back to the NFC card reader 101 at a same transmission speed. [0084] The NFC controller 102 is mainly configured to perform modulation and demodulation on a non-contact communication signal, and interact with the processor 110. In some other embodiments, the NFC controller 102 may alternatively be an NFC chip that implements the foregoing functions.)
wherein changing the modulation of the magnetic stripe changes one or more characteristics associated with the magnetic stripe; (0074; The mobile communication module 150 may receive an electromagnetic wave through the antenna 1, perform processing such as filtering or amplification on the received electromagnetic wave, and transmit the electromagnetic wave to the modem processor for demodulation. The mobile communication module 150 may further amplify a signal modulated by the modem processor, and convert the signal into an electromagnetic wave for radiation through the antenna 1. he modem processor may include a modulator and a demodulator. The modulator is configured to modulate a to-be-sent low-frequency baseband signal into a medium-high frequency signal. The demodulator is configured to demodulate a received electromagnetic wave signal into a low-frequency baseband signal. Then, the demodulator transmits the low-frequency baseband signal obtained through demodulation to the baseband processor for processing. )
and the one or more characteristics comprise at least one of a magnetic signal frequency, (change in frequency) a magnetic signal amplitude (change in amplitude), or a bit stream associated with the magnetic stripe (received signal which could be from a bank card). (0074; The mobile communication module 150 may receive an electromagnetic wave through the antenna 1, perform processing such as filtering or amplification on the received electromagnetic wave, and transmit the electromagnetic wave to the modem processor for demodulation. The mobile communication module 150 may further amplify a signal modulated by the modem processor, and convert the signal into an electromagnetic wave for radiation through the antenna 1. he modem processor may include a modulator and a demodulator. The modulator is configured to modulate a to-be-sent low-frequency baseband signal into a medium-high frequency signal. The demodulator is configured to demodulate a received electromagnetic wave signal into a low-frequency baseband signal. Then, the demodulator transmits the low-frequency baseband signal obtained through demodulation to the baseband processor for processing. )
It would have been obvious to one of ordinary skill in the art prior to the effective filing of the application to modify the teachings of [Hodges in view of Reedman] to include [modulating card signals in NFC] as is taught by [Zhang].
The suggestion/motivation for doing so is to [improve NFC [0003-0004]]
Regarding claim 9, the claim inherits the same rejection as claim 2 for reciting similar limitations in the form of a method claim Hodges teaches [0006] method.
Regarding claim 16, the claim inherits the same rejection as claim 2 for reciting similar limitations in the form of a non-transitory medium claim Hodges teaches [0006] a non-transitory medium.
Claim(s) 3, 10, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodges et al. (US 20150213427 A1) in view of Reedman (US 20200112859 A1) and further in view of Blackstone (US 20250094759 A1).
Regarding claim 3, Hodges in view of Reedman teach the system of Claim 1, wherein: and is disclosed above, Hodges in view of Reedman do not explicitly teach
the system further comprises a retractable shielding device configured to enclose at least a portion of a surface of the portable device;
and the one or more countermeasure actions comprise activating the retractable shielding device to enclose at least the portion of the surface of the portable device.
In an analogous art Blackstone teaches
the system further comprises a retractable shielding device configured to enclose at least a portion of a surface of the portable device; (an electronic card such as a bank card that is enclosed in a shield with a retractable mechanism allowing the card and retract to enclose the card see Figs 5-6; [0060] FIG. 5 illustrates an exemplary view of the BECC 200 and the BEC 100, with the BEC 100 extending out of the BECC 200. The components illustrated in FIG. 5 conform with the components with like reference numbers in FIGS. 1-4. [0061] FIG. 6 illustrates an exemplary view of a BEC 100 inserted into a BECC 200. Claim 16; The biometric electronic card system of claim 15, where the BECC further comprises a case enclosure configured to house the biometric electronic card within the BECC and further configured to allow the biometric electronic card to extend from and retract into the BECC.)
and the one or more countermeasure actions (shield) comprise activating the retractable shielding device to enclose (pushing the card back into the shield) at least the portion of the surface of the portable device. (an electronic card such as a bank card that is enclosed in a shield with a retractable mechanism allowing the card and retract to enclose the card see Figs 5-6; [0060] FIG. 5 illustrates an exemplary view of the BECC 200 and the BEC 100, with the BEC 100 extending out of the BECC 200. The components illustrated in FIG. 5 conform with the components with like reference numbers in FIGS. 1-4. [0061] FIG. 6 illustrates an exemplary view of a BEC 100 inserted into a BECC 200. Claim 16; The biometric electronic card system of claim 15, where the BECC further comprises a case enclosure configured to house the biometric electronic card within the BECC and further configured to allow the biometric electronic card to extend from and retract into the BECC.)
It would have been obvious to one of ordinary skill in the art prior to the effective filing of the application to modify the teachings of [Hodges in view of Reedman] to include [a retractable shielding mechanism] as is taught by [Blackstone].
The suggestion/motivation for doing so is to [improve payment card transactions [0001-0006]].
Regarding claim 10, the claim inherits the same rejection as claim 3 for reciting similar limitations in the form of a method claim Hodges teaches [0006] method.
Regarding claim 17, the claim inherits the same rejection as claim 3 for reciting similar limitations in the form of a non-transitory medium claim Hodges teaches [0006] a non-transitory medium.
Claim(s) 4, 11, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodges et al. (US 20150213427 A1) in view of Reedman (US 20200112859 A1) and further in view of Walters et al. (US 10628638 B1).
Regarding claim 4, Hodges in view of Reedman teach the system of Claim 1, and is disclosed above, Hodges in view of Reedman do not explicitly teach wherein: the system further comprises an adhesive projecting device configured to project an adhesive substance; and the one or more countermeasure actions further comprise projecting the adhesive substance.
In an analogous art Walters teaches wherein: the system further comprises an adhesive projecting device configured to project an adhesive substance; and the one or more countermeasure actions further comprise projecting the adhesive substance. (Col 5 Lines 35-47; The alarm may be used to indicate to others that the transaction system 100 has been and/or is being tampered with by the fraudster. In some instances, the remedial action may be an application programming interface (API) call or message to one or more systems to cause one or more actions discussed above, e.g., emergency service system, a system to cause a text and/or multimedia message, a system to cause an audible and/or a visual alert, and so forth. Embodiments are not limited in this manner, and other remedial actions may be performed, e.g., cause spraying of an ink/identifying substance, taking a picture of the fraudster (or vehicle), recording audio, etc.)
It would have been obvious to one of ordinary skill in the art prior to the effective filing of the application to modify the teachings of [Hodges in view of Reedman] to include [emitting an ink as a remedial action] as is taught by [Walters].
The suggestion/motivation for doing so is to [counteract card skimming Col 1].
Regarding claim 11, the claim inherits the same rejection as claim 4 for reciting similar limitations in the form of a method claim Hodges teaches [0006] method.
Regarding claim 18, the claim inherits the same rejection as claim 4 for reciting similar limitations in the form of a non-transitory medium claim Hodges teaches [0006] a non-transitory medium.
Claim(s) 7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodges et al. (US 20150213427 A1) in view of Reedman (US 20200112859 A1) and further in view of Osborn et al. (US 20210012401 A1)
Regarding claim 7, Hodges in view of Reedman teach the system of Claim 1, and is disclosed above, Hodges in view of Reedman do not explicitly teach wherein the one or more countermeasure actions further comprise encrypting transmission signals with an encryption key, wherein the encrypted transmission signals are associated with an interaction with another device.
In an analogous art Osborn teaches wherein the one or more countermeasure actions further comprise encrypting transmission signals with an encryption key, wherein the encrypted transmission signals are associated with an interaction with another device. (0048; In an example, the smart digital device may receive a payment card signal 325 from the payment card. For example, the payment card 320 may detect an electric field and respond by emitting the payment card signal 325 via a payment card near-field communication device (not shown in this example). The payment card signal 325 may include encrypted data or information. The payment card 320 may, for example, in response to the detected electric field, transmit to the smart digital device 310 the payment card signal 325 containing a payment card identifier related to an issuer of the payment card 320 and to an account associated with the payment card 320. The payment card identifier may be encrypted by a cryptographic algorithm executed on the payment card 320. The issuer of the payment card 320 may be the service provider (e.g., service provider 120 of FIG. 1), an entity related to the service provider, or the like.)
It would have been obvious to one of ordinary skill in the art prior to the effective filing of the application to modify the teachings of [Hodges in view of Reedman] to include [encrypting signals] as is taught by [Osborn].
The suggestion/motivation for doing so is to [improve payment card transactions [0001-0006]].
Regarding claim 14, the claim inherits the same rejection as claim 7 for reciting similar limitations in the form of a method claim Hodges teaches [0006] method.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDERRAHMEN H CHOUAT whose telephone number is (571)431-0695. The examiner can normally be reached on Mon-Fri from 9AM to 5PM PST.
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Abderrahmen Chouat
Examiner
Art Unit 2451
/JOHN B WALSH/Primary Examiner, Art Unit 2451
Prosecution Insights