Prosecution Insights
Last updated: April 19, 2026
Application No. 18/839,934

SYSTEM, METHOD AND CARD FOR USER AUTHENTICATION AND/OR AUTHORISATION

Non-Final OA §101§103
Filed
Aug 20, 2024
Examiner
FIORILLO, JAMES N
Art Unit
2444
Tech Center
2400 — Computer Networks
Assignee
Telefónica Cybersecurity & Cloud Tech S L
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 12m
To Grant
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
382 granted / 444 resolved
+28.0% vs TC avg
Strong +37% interview lift
Without
With
+36.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
30 currently pending
Career history
474
Total Applications
across all art units

Statute-Specific Performance

§101
9.2%
-30.8% vs TC avg
§103
55.5%
+15.5% vs TC avg
§102
8.6%
-31.4% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 444 resolved cases

Office Action

§101 §103
DETAILED ACTION 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 . This office correspondence is in response to the application number 18/839934 filed on August 20, 2024. Claims 1 – 15 are pending. Claims 1 – 15 are rejected. Authorization for Internet Communications The examiner acknowledges the Applicant’s submission of an authorization to communicate with the examiner via the Internet on August 08, 2024 by making the following statement (from MPEP 502.03): “Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.” Please note that the above statement was submitted via Central Fax (not Examiner's Fax), Regular postal mail, or EFS Web using PTO/SB/439. Priority This application is a National Stage entry of PCT application No. PCT/ES2022/070088 filed on February 21, 2022 with a 371 (c ) (1), (2) date of August 20, 2024. The applicant is entitled to a priority date of 2/21/2022. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/22/2024 was filed on or after the mailing date of the application on 08/20/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 35 USC § 101 Analysis – Judicial Exception 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 1 – 15 are directed to statutory subject matter and are not rejected under 35 USC 101 because of a judicial exception. The claimed subject matter is integrated into a practical application under prong 2 of the Step 2A analysis as documented in MPEP 2016.04(d). The claims are directed to non-abstract improvements in computer related technology. A claim is non-statutory when it is directed to a judicial exception (e.g. either one of mathematical concepts, mental processes, or certain methods of organizing human activity) without significantly more. The claimed invention is not directed to a judicial exception. Instead, the claimed invention is directed to a technological improvement for user authentication and authorization using a computing device with a capacitive screen and a card having a surface that includes a matrix of capacitive points. The card further includes, embedded therein, a controller, a time element connected to said controller, a battery configured to power supply said controller and said time element, and a memory configured to store at least one portion of at least one authentication and/or authorization code pattern for a user, the at least one authentication and/or authorization code pattern being represented through some activated capacitive points of said matrix of capacitive points. The capacitive points are activated by the controller executing a given transmission sequence involving using a reference indicator as a marker, and serially activating the capacitive points, wherein when the activation of the capacitive points is completed said transmission sequence is repeated. The ordered combination of the elements and limitations recited bound the claimed invention to a specific and useful improvement for user authentication and authorization by using a card with activable (configurable) capacitive points, that are activated on the basis of a seed and a function of time (and hence complying with current 2FA standard algorithms), guaranteeing a secure access to the authorized user and limits infiltration by human activities which compromises security when using a non-configurable card. 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. Claims 1 – 3, 6 – 11, and 14 – 15 are rejected under 35 U.S.C. 103 as being un-patentable over Aubert et al. (U.S. 9111406 B2; herein referred to as Aubert) in view of Mullen et al. (U.S. 2021/0299380 A1; herein referred to as Mullen). In regard to claim 1, Aubert teaches A system for user authentication and/or authorization (see abstract “ . . . devices and systems for the transfer of information using multi-point contact on a capacitive surface.. . .”), comprising: - a computing device with a capacitive screen (see Fig.5, Fig. 6 Col 3: Lines 13-16 “ . . . FIGS. 5 and 6 show top and cross-sectional side views, respectively, of device 100 in contact with a smartphone 200 having a capacitive screen 210 . . .”); and - a card having a surface that includes a matrix of capacitive points (see Col 2: Lines 20 – 33 “ . . . FIG. 1 shows a schematic view of a device 100 according to an embodiment of the invention. Device 100 resembles a typical credit card, debit card, or similar device for storing and transferring information. As such, device 100 includes, on a first surface 10, an account number 14, an account holder name 16, and a device expiration date 18. In addition, however, device 100 includes a plurality of contact points 12 on first surface 10. The plurality of contact points 12 may be used to transfer information to a capacitive surface capable of recognizing multiple contact points, such as may be found in the screen of a smart phone, tablet computer, or similar device . . .”), such that when said surface of the card is placed in direct contact with said capacitive screen, the computing device is configured to sense and translate the activated capacitive points to a corresponding user authentication and/or authorization code number (see Col 3: Lines 24-34 “ . . . Upon activating the plurality of contact points 12, the pattern in which the plurality of contact points 12 are arranged is transferred to capacitive screen 210, as described above. Smart phone 200 or a similar device may then perform an interpretation of the pattern to reveal information contained within the pattern, such as, for example, an account number, an account expiration date, a device expiration date, a credit card security number, or a name of an account holder. As such, smart phone 200, or another device in communication with smart phone 200, may contain or access a computer program product for translating the pattern. . . .”). Aubert fails to teach, However Mullen teaches wherein: - said card further includes, embedded therein: a controller (e.g. processor) (see ¶ [0005] “. . . A card may include a number of output devices to output dynamic information. For example, a card may include one or more RFIDs or IC chips to communicate to one or more RFID readers or IC chip readers, respectively. A card may include devices to receive information. For example, an RFID and IC chip may both receive information and communicate information to an RFID and IC chip reader, respectively. A device for receiving wireless information signals may be provided. A light sensing device or sound sensing device may be utilized to receive information wirelessly. A card may include a central processor that communicates data through one or more output devices simultaneously (e.g., an RFID, IC chip, and a dynamic magnetic stripe communications device). The central processor may receive information from one or more input devices simultaneously (e.g., an RFID, IC chip, dynamic magnetic stripe devices, light sensing device, and a sound sensing device). A processor may be coupled to surface contacts such that the processor may perform the processing capabilities of, for example, an EMV chip. The processor may be laminated over and not exposed such that the processor is not exposed on the surface of the card . . . “), a time element (e.g. clock) connected to said controller (see ¶ [0046] “. . . . A clock may be utilized to determine timing information. Such a clock may be a clock internal to a processor. Such a clock may alternatively be a clock separate from the processor . . . “), a battery configured to power supply said controller and said time element (see ¶ [0047]” . . . A battery may be utilized to power the card or other device . . . “), and a memory configured to store at least one portion of at least one authentication and/or authorization code pattern for a user, the at least one authentication and/or authorization code pattern being represented through some activated capacitive points of said matrix of capacitive points (see Fig. 1 ¶ [0036]” . . . Architecture 150 may be utilized with any card. Architecture 150 may include processor 120. Processor 120 may have on-board memory for storing information (e.g., drive code). Any number of components may communicate to processor 120 and/or may receive communications from processor 120. For example, one or more displays (e.g., display 140) may be coupled to processor 120. Persons skilled in the art will appreciate that components may be placed between particular components and processor 120. For example, a display driver circuit may be coupled between display 140 and processor 120. Memory 143 may be coupled to processor 120. Memory 143 may include data that is unique to a particular card. For example, memory 143 may store discretionary data codes associated with buttons of a card (e.g., card 100 of FIG. 1). Such codes may be recognized by remote servers to effect particular actions. For example, a code may be stored on memory 143 that causes a promotion to be implemented by a remote server (e.g., a remote server coupled to a card issuer's website). Memory 143 may store types of promotions that a user may have downloaded to the device and selected on the device for use. Each promotion may be associated with a button. Or, for example, a user may scroll through a list of promotions on a display on the front of the card (e.g., using buttons to scroll through the list). A user may select the type of payment on card 100 via manual input interfaces corresponding to displayed options on display 125. Selected information may be communicated to a magnetic stripe reader via a dynamic magnetic stripe communications device. Selected information may also be communicated to a device (e.g., a mobile telephonic device) having a capacitive sensor or other type of touch sensitive sensor . . .”) , wherein the capacitive points are activated by the controller (see Fig. 3 ¶ [0041]” . . . A user may activate a button (e.g., a download button) to start communicating data via the touch transmitter. A button may be a physical button, a capacitive touch button, or any other type of button . . . “).executing a given transmission sequence (see ¶ [0055]” . . . A data sequence may be associated with a color and/or a color transition, such that a number of data bits (e.g., two data bits) may be communicated based upon the particular color and/or color transition generated. Accordingly, for example, data sequences may be encoded based upon a color of light that may be initially generated by a light source and a color of light that may be generated subsequent to the initially generated color of light . . .”), said transmission sequence comprising: using a reference indicator (e.g. particular code) as a location and/or synchronization marker (see ¶ [0052]” . . .A user may utilize a particular code to unlock a card by entering this code into buttons. The code may be changed via light pulses. Similarly a card may become locked until a code is entered into the card that the user is not aware of. This code may be communicated to a card via light pulses to unlock the card. Timing information may be communicated to a card (e.g., the date and time of transmission) such that a card may update and resynchronize an internal clock. Value may be added, and stored, on a card via light information. . . .”)., and serially activating the capacitive points (see ¶ [0016]” . . . The card may receive information from a device having a capacitive touch screen such that bi-directional communications may occur with the device utilizing the capacitive touch screen. For example, a card may receive information via light pulses emitted from the capacitive touch display. More particularly, for example, a software program may be installed in a device (e.g., a mobile telephone or a tablet computing device) operable to emit messages, via light, to a card and receive messages, via touch, from the card. The bi-directional communication may happen in parallel (e.g., light pulses may be sent to the card simultaneously with touch pulses being received from the card). The bi-directional communications may happen sequentially (e.g., the card may communicate via touch and then, after the card communicates, the card may receive communication from the device via light and, after the device communicates, the card may communicate via touch) . . .”) , wherein when the activation of the capacitive points is completed said transmission sequence is repeated (see ¶ ¶ [0017-0018]” . . . Bi-directional communication may, for example, allow for handshaking to occur between the two devices such that each device may be identified and a secure communication channel may be setup via light pulses and touch pulses. Such a secure communication channel may have one or more (e.g., three) tracks of information. Additionally, for example, information indicative of a receipt of a message may be communicated via light and/or touch. Synchronization signals may be communicated before and after a message. For example, a string of particular bits (e.g., “0” s) may appear before every message in order for a card, or other device, to lock onto the timing of the information being transmitted in the signal. For example, a zero may be transmitted via a “short” touch pulse and a one may be transmitted via a “long” touch pulse. In synchronizing the signal, the receiving device may train itself onto the duration of a “short” touch pulse versus a “long” touch pulse. A “short” touch pulse may be the time between activations of a capacitive sensor or the time between the activation and deactivation of a touch sensor. A card, or other device (e.g., a mobile telephonic device) may include one or more light sensors, touch transmitters, capacitive touch sensors, and light emitters. Accordingly, two instances of such a card may communicate bi-directionally via light as well as capacitive touch. . . .”) It would have been obvious to one with ordinary skill in the art before the effective filing date of the applicant’s invention to incorporate a system and method for utilizing a smart card that can receive and transmit information using a light emitting and capacitive surface that can receive information using capacitive buttons and transferring the information to a capacitive display surface of a second device, as taught by Mullen, into a system and method for an card device comprising a first surface having a plurality of contact points arranged in a pattern and a second surface having a contact area electrically connected to the plurality of contact points, whereby the plurality of contact points on the first surface is activated by a user contacting the contact area on the second surface, as taught by Aubert.. Such incorporation enables the card of Aubert to be configured dynamically with updated code information from the teachings of Mullen, enabling a card that can be used for multiple authorization scenarios. In regard to claim 2, the combination of Aubert and Mullen teaches wherein said memory is further configured to store at least one portion of a plurality of different authentication and/or authorization code patterns for the user (see Mullen¶ [0036] “ . . . Architecture 150 may be utilized with any card. Architecture 150 may include processor 120. Processor 120 may have on-board memory for storing information (e.g., drive code). Any number of components may communicate to processor 120 and/or may receive communications from processor 120. For example, one or more displays (e.g., display 140) may be coupled to processor 120. Persons skilled in the art will appreciate that components may be placed between particular components and processor 120. For example, a display driver circuit may be coupled between display 140 and processor 120. Memory 143 may be coupled to processor 120. Memory 143 may include data that is unique to a particular card. For example, memory 143 may store discretionary data codes associated with buttons of a card (e.g., card 100 of FIG. 1). Such codes may be recognized by remote servers to effect particular actions. For example, a code may be stored on memory 143 that causes a promotion to be implemented by a remote server (e.g., a remote server coupled to a card issuer's website). Memory 143 may store types of promotions that a user may have downloaded to the device and selected on the device for use. Each promotion may be associated with a button. Or, for example, a user may scroll through a list of promotions on a display on the front of the card (e.g., using buttons to scroll through the list). A user may select the type of payment on card 100 via manual input interfaces corresponding to displayed options on display 125. Selected information may be communicated to a magnetic stripe reader via a dynamic magnetic stripe communications device . . .”), each one of said different authentication and/or authorization code patterns being representable through some activated capacitive points of the matrix of capacitive points (see Mullen¶ [0036] “ . . . Selected information may also be communicated to a device (e.g., a mobile telephonic device) having a capacitive sensor or other type of touch sensitive sensor. . . “). The motivation to combine Mullen with Aubert is described for the rejection of claim 1 and is incorporated herein. Additionally, Mullen enables the card to store multiple codes in the memory of the card. In regard to claim 3, the combination of Aubert and Mullen teaches wherein: said computing device is configured to store another portion of the at least one authentication and/or authorization code pattern or of the different authentication and/or authorization code patterns (see Mullen¶ [0035]” . . . FIG. 1 shows card 100 that may include, for example, a dynamic number that may be entirely, or partially, displayed via display 112. A dynamic number may include a permanent portion such as, for example, permanent portion 111. Permanent portion 111 may be printed as well as embossed or laser etched on card 100. Multiple displays may be provided on a card. For example, display 113 may be utilized to display a dynamic code such as a dynamic security code. Display 125 may also be provided to display logos, barcodes, as well as multiple lines of information. A display may be a bi-stable display or non bi-stable display. Permanent information 120 may also be included and may include information such as information specific to a user (e.g., a user's name or username) or information specific to a card (e.g., a card issue date and/or a card expiration date). Card 100 may include one or more buttons such as buttons 130-134. Such buttons may be mechanical buttons, capacitive buttons, or a combination or mechanical and capacitive buttons. A button (e.g., button 130) may be used, for example, to communicate information through a dynamic magnetic stripe communications device indicative of a user's desire to communicate a single track of magnetic stripe information. Persons skilled in the art will appreciate that pressing a button (e.g., button 130) may cause information to be communicated through a dynamic magnetic stripe communications device when an associated read-head detector detects the presence of a read-head of a magnetic stripe reader. Another button (e.g., button 131) may be utilized to communicate (e.g., after button 131 is pressed and after a read-head detects a read-head of a reader) information indicative of a user selection (e.g., to communicate two tracks of magnetic stripe data). Multiple buttons may be provided on a card and each button may be associated with different user selection . . .”) ; or said memory is configured to store all the portions of the at least one authentication and/or authorization code pattern or of the different authentication and/or authorization code patterns (see Mullen ¶ [0036]” . . . Memory 143 may include data that is unique to a particular card. For example, memory 143 may store discretionary data codes associated with buttons of a card (e.g., card 100 of FIG. 1). Such codes may be recognized by remote servers to effect particular actions. For example, a code may be stored on memory 143 that causes a promotion to be implemented by a remote server (e.g., a remote server coupled to a card issuer's website). Memory 143 may store types of promotions that a user may have downloaded to the device and selected on the device for use. Each promotion may be associated with a button. Or, for example, a user may scroll through a list of promotions on a display on the front of the card (e.g., using buttons to scroll through the list). A user may select the type of payment on card 100 via manual input interfaces corresponding to displayed options on display 125. Selected information may be communicated to a magnetic stripe reader via a dynamic magnetic stripe communications device. Selected information may also be communicated to a device (e.g., a mobile telephonic device) having a capacitive sensor or other type of touch sensitive sensor. . . .”). The motivation to combine Mullen with Aubert is described for the rejection of claim 1 and is incorporated herein. Additionally, Mullen enables the multiple codes to be stored on the card. In regard to claim 6, Aubert teaches A method for user authentication and/or authorization (see abstract as described for the rejection of claim 1 and is incorporated herein), comprising: providing a card having a surface that includes a matrix of capacitive points (see Col 2: Lines 20 – 33 as described for the rejection of claim 1 and is incorporated herein) , once the card is placed in direct contact with a capacitive screen of a computing device(see Fig.5, Fig. 6 Col 3: Lines 13-16 as described for the rejection of claim 1 and is incorporated herein) , the computing device sensing and translating the activated capacitive points to a corresponding user authentication and/or authorization code number (see Col 3: Lines 24-34 as described for the rejection of claim 1 and is incorporated herein). Aubert fails to teach, However Mullen teaches the card further having embedded therein a controller (e.g. processor) (see ¶ [0005] as described for the rejection of claim 1 and is incorporated herein) , a time element (e.g. clock) connected to the controller (see ¶ [0046] as described for the rejection of claim 1 and is incorporated herein), a battery for power supply the time element and the controller (see ¶ [0047] as described for the rejection of claim 1 and is incorporated herein) , and a memory storing at least one portion of at least one authentication and/or authorization code pattern for a user(see Fig. 1 ¶ [0036] ] as described for the rejection of claim 1 and is incorporated herein); providing, by the controller, the at least one authentication and/or authorization code pattern by activating some of the capacitive points of the matrix of capacitive points following a given transmission sequence(see ¶ [0055] as described for the rejection of claim 1 and is incorporated herein) , said transmission sequence comprising using a reference indicator as a location and/or synchronization marker (see ¶ [0052] as described for the rejection of claim 1 and is incorporated herein) and serially activating the capacitive points (see Fig. 3 ¶ [0041] as described for the rejection of claim 1 and is incorporated herein), wherein when the activation of the capacitive points is completed said transmission sequence is repeated see ¶ ¶ [0016-0018] as described for the rejection of claim 1 and is incorporated herein). The motivation to combine Mullen with Aubert is described for the rejection of claim 1 and is incorporated herein. In regard to claim 7, the combination of Aubert and Mullen teaches wherein the reference indicator is used during a given period of time, which establishes a transmission rate at which to perform the serial activation of the capacitive points (see Mullen ¶ [0010] “ . . . The duration of time between such transitions may be utilized to determine a particular bit of information. For example, a “short” period of time between transitions may be one bit (e.g., “0” or “1”) while a “long” period of time between transitions may be a different bit (e.g., “1” or “0”). In doing so, for example, the same information may be communicated across displays having different frame rates using the same encoding scheme. A series of training pulses may be sent before and/or after a data message such that a processor receiving information from one or more light pulses may discern the difference between a “short” and a “long” period. For example, a number of bits (e.g., three, four, or five “0s” or “1s”) may precede any data message and may be known as information the processor receives before a message. Such known bits may be, for example, a “short” period such that a processor may determine the approximate duration of a “short” period and utilize this to determine a “short” or “long” period between future transitions. Alternatively, for example, a processor may discern transition and timing information across a data message and determine, based on the received data, the transition periods that are “long” relative to the other periods. In doing so, the processor may discern data from the received transition information. A “long” transition period may be, for example, approximately twice as long as a “short” transition period. A “long” transition period may be, for example, at least 25 percent longer as a “short” transition period. More than two lengths of transition intervals may be utilized. For example, “short,” “medium,” “long,” and “very long” transition intervals may be utilized to convey four states of information to a device . . .”). The motivation to combine Mullen with Aubert is described for the rejection of claim 1 and is incorporated herein. Additionally, Mullen sets up transitions for changing values at the capacitive points. In regard to claim 8, the combination of Aubert and Mullen teaches wherein the serial activation of the capacitive points comprises activating the capacitive points one by one (see Aubert Col 3: Lines 39- 48 “ . . . The interpretation performed by smart phone 200 may be conventional, as may the pattern used to encode the information to be transferred. For example, the pattern may simply employ a pattern of rows and columns, with the position of a contact point within the pattern of rows and columns representing a particular alphabetic or numeric value. This is neither necessary nor essential, however. Information may be encoded in any known or later-developed pattern, with the interpretation of the pattern being made by any corresponding known or later-developed method or technique. . . .”). In regard to claim 9, the combination of Aubert and Mullen teaches wherein the memory further stores at least one portion of a plurality of different authentication and/or authorization code patterns for the user (see Mullen¶ [0036] as described for the rejection of claim 2 and is incorporated herein), each one of said different authentication and/or authorization code patterns being representable through some activated capacitive points of the matrix of capacitive points (see Mullen¶ [0036] as described for the rejection of claim 2 and is incorporated herein). The motivation to combine Mullen with Aubert is described for the rejection of claim 2 and is incorporated herein. In regard to claim 10, the combination of Aubert and Mullen teaches wherein the computing device stores another portion of the at least one authentication and/or authorization code pattern or of the different authentication and/or authorization code patterns (see Mullen¶ [0035] as described for the rejection of claim 3 and is incorporated herein). The motivation to combine Mullen with Aubert is described for the rejection of claim 3 and is incorporated herein. In regard to claim 11, the combination of Aubert and Mullen teaches wherein the memory stores all the portions of the at least one authentication and/or authorization code pattern or of the different authentication and/or authorization code patterns (see Mullen ¶ [0036] as described for the rejection of claim 3 and is incorporated herein). The motivation to combine Mullen with Aubert is described for the rejection of claim 3 and is incorporated herein. In regard to claim 14, the combination of Aubert and Mullen teaches wherein the reference indicator comprises one or more reference points, which is/are external to the at least one authentication and/or authorization code pattern, or wherein the reference indicator comprises a flashing signal (see Mullen ¶ [0106] “ . . . filters 1460 and 1480 may be different types of an inline ventilator filter on the intake and/or output of a ventilator, and may include LEDs and/or one or more arrays of LEDs, an LED array(s) status display, an on/off button, software providing different modes (e.g., modes for specific viruses), a power supply (e.g., corded and/or rechargeable battery), audible alarms (e.g., battery charging or level alarms, for example, 30 mins to 60 mins prior to an adverse event), visual alarms (flashing of LED arrays when no longer capable of performing an intended function), and/or the like. An LED array filter according to example embodiments may include additional filtration, for example, a permanent or replaceable particulate filter. . . “). The motivation to combine Mullen with Aubert is described for the rejection of claim 1 and is incorporated herein. Additionally, Mullen provides the card with a flashing LED in the event a value is out of range or there is some alarm event. In regard to claim 15, Aubert teaches A card for user authentication and/or authorization(see abstract as described for the rejection of claim 1 and is incorporated herein) , the card having a surface that includes a matrix of capacitive points(see Col 2: Lines 20 – 33, Fig.5, Fig. 6 Col 3: Lines 13-16, Col 3: Lines 24-34 as described for the rejection of claim 1 and is incorporated herein) Aubert fails to teach, However Mullen teaches and including, embedded therein: a controller (e.g. processor) (see ¶ [0005] as described for the rejection of claim 1 and is incorporated herein), a time element (e.g. clock) connected to said controller (see ¶ [0046] as described for the rejection of claim 1 and is incorporated herein),, a battery configured to power supply said controller and said time element(see ¶ [0047] as described for the rejection of claim 1 and is incorporated herein) , and a memory configured to store at least one portion of at least one authentication and/or authorization code pattern for a user(see Fig. 1 ¶ [0036] ] as described for the rejection of claim 1 and is incorporated herein) , the at least one authentication and/or authorization code pattern being represented through some activated capacitive points of said matrix of capacitive points, the controller being configured to activate the capacitive points executing a given transmission sequence (see ¶ [0055] as described for the rejection of claim 1 and is incorporated herein), said transmission sequence comprising using a reference indicator as a location and/or synchronization marker (see ¶ [0052] as described for the rejection of claim 1 and is incorporated herein) , and serially activating the capacitive points (see Fig. 3 ¶ [0041] as described for the rejection of claim 1 and is incorporated herein) , wherein when the activation of the capacitive points is completed said transmission sequence is repeated (see ¶ ¶ [0016-0018] as described for the rejection of claim 1 and is incorporated herein). The motivation to combine Mullen with Aubert is described for the rejection of claim 1 and is incorporated herein. Claims 4 - 5 and 12 - 13 are rejected under 35 U.S.C. 103 as being un-patentable over Aubert et al. (U.S. 9111406 B2; herein referred to as Aubert) in view of Mullen et al. (U.S. 2021/0299380 A1; herein referred to as Mullen) as applied to claims 1 – 3, 6 – 11, and 14 – 15 in further view of Poidomani et al. (U.S. 2007/0034700 A1; herein referred to as Poidomani et al. (U.S. 2007/0034700 A1; herein referred to Poidomani) In regard to claim 4, the combination of Aubert and Mullen fails to expclitly teach However Poidomani teaches wherein the card further includes embedded therein a communication port to charge the battery, to synchronize the time element] and/or to select a given service for which to authenticate and/or authorize the user (see Poidomani – abstract “ . . . An electronic card includes a digital processor, an electrochemical battery and a communications port. The processor and battery are essentially coplanar, and are sandwiched between and enclosed by two flexible covers, preferably made from an insulating plastic material, and preferably fitted to the components that they enclose. The communications port can include, for example, a Smart Card contact port, a stripe emulator, an RF port, and IR port, etc. The battery may comprise a rechargeable battery. In an exemplary embodiment, at least the processor is carried by a flexible printed circuit (PC) board. In other exemplary embodiments, switches and/or indicators are also carried by the PC board. . . .”; ¶ ¶ [0031-0033]” . . . the processor is encapsulated against the printed circuit board. In another exemplary embodiment, the battery includes two or more batteries. In another exemplary embodiment, the battery is not rechargeable. In another exemplary embodiment, the battery is rechargeable. In another exemplary embodiment, the battery includes a rechargeable battery and a non-rechargeable battery. In another exemplary embodiment, the battery is part of a power supply including a power filter. In an embodiment, set forth by way of example rather than limitation, a method for making an electronic card includes making a flexible printed circuit board, attaching at least one processor to the printed circuit board, coupling at least one battery to the printed circuit board, encapsulating at least the one processor, making a top cover and a bottom cover; and sandwiching the printed circuit board, the processor and the battery between the top cover and the bottom cover. ] In an embodiment, set forth by way of example rather than limitation, an enhanced Smart Card includes a card body provided with an externally accessible card interface including a signal port, a power port, and a ground port, a secure processor disposed at least partially within the card body and coupled to the signal port, the power port, and the ground port, a general processor disposed at least partially within the card body, the general processor being coupled to a power source disposed at least partially within the card body and being operative to provide power to and communicate with the secure processor when the secure processor is being used in an enhanced Smart Card mode; and a non-contact communications port coupled to at least one of the secure processor and the general processor . . .”). It would have been obvious to one with ordinary skill in the art before the effective filing date of the applicant’s invention to incorporate a system and method for communicating with the components of an electronic card, as taught by Poidomani, into a system and method for an card device comprising a first surface having a plurality of contact points arranged in a pattern and a second surface having a contact area electrically connected to the plurality of contact points, whereby the plurality of contact points on the first surface is activated by a user contacting the contact area on the second surface, the card can receive and transmit information using a light emitting and capacitive surface that can receive information using capacitive buttons and transferring the information to a capacitive display surface of a second device, as taught by the combination of Aubert and Mullen. Such incorporation defines a communication port that can be used to communicate and maintain the components of the card. In regard to claim 5, the combination of Aubert, Mullen, and Poidomani teaches wherein the card further includes embedded therein a switch and one or more light indicators (see Poidomani ¶ [0066] “ . . . The electronic card may also have, for example, an on/off button 28, an "on" indicator 30, and an "off" indicator 32. In this exemplary embodiment, "on" indicator 30 may be a green LED and the "off" indicator 32 may be a red LED. Also seen on the exemplary card back 14 are a plurality of account interfaces 34. Each account interface 34 preferably has account indicator LED 36 and an account selector switch 38. Each account interface 34 may also have, for example, printed information identifying the account and expiration date. Back surface 14 also has, in this example, instructions 40, an institution identifier 41, a signature box 42, and various other printed information . . .”). The motivation to combine Poidomani with the combination of Aubert and Mullen is described for the rejection of claim 4 and is incorporated herein. Additionally, Poidomani has a switch and LEDs for maintaining and managing components of the card. In regard to claim 12, the combination of Aubert, Mullen, and Poidomani teaches further comprising charging the battery and/or synchronizing the time element via a communication port embedded in the card (see Poidomani – abstract, ¶ ¶ [0031-0033] as described for the rejection of claim 4 and is incorporated herein). The motivation to combine Poidomani with the combination of Aubert and Mullen is described for the rejection of claim 4 and is incorporated herein. In regard to claim 13, the combination of Aubert, Mullen, and Poidomani teaches further comprising: using a communication port embedded in the card to select a given service for which to authenticate and/or authorize the user; or using a switch embedded in the card to select a given service for which to authenticate and/or authorize the user and signaling the selected given service of one or more light indicators embedded in the card (see Poidomani ¶ [0066] as described for the rejection of claim 5 and is incorporated herein). The motivation to combine Poidomani with the combination of Aubert and Mullen is described for the rejection of claim 5 and is incorporated herein. Conclusion There are prior art made of record which are not relied upon but are considered pertinent to applicant’s disclosure. They are listed on the PTO-892 accompanying this action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N FIORILLO whose telephone number is (571)272-9909. The examiner can normally be reached on 7:30 - 5 PM Mon - Fri.. 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, John A. Follansbee can be reached on 571-272-3964. 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 http://pair-direct.uspto.gov. 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. /JAMES N FIORILLO/Primary Examiner, Art Unit 2444
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Prosecution Timeline

Aug 20, 2024
Application Filed
Nov 07, 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
86%
Grant Probability
99%
With Interview (+36.9%)
2y 12m
Median Time to Grant
Low
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