Prosecution Insights
Last updated: October 02, 2026
Application No. 18/902,003

SYSTEMS AND METHODS TO PERFORM CONTACTLESS CARD ACTIVATION

Non-Final OA §103§DOUBLEPATENT
Filed
Sep 30, 2024
Priority
Oct 02, 2018 — provisional 62/740,352 +5 more
Examiner
JEUDY, JOSNEL
Art Unit
2438
Tech Center
2400 — Computer Networks
Assignee
Capital One Services LLC
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
68%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
674 granted / 804 resolved
+25.8% vs TC avg
Minimal -16% lift
Without
With
+-16.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
17 currently pending
Career history
817
Total Applications
across all art units

Statute-Specific Performance

§101
19.2%
-20.8% vs TC avg
§103
49.9%
+9.9% vs TC avg
§102
7.2%
-32.8% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 804 resolved cases

Office Action

§103 §DOUBLEPATENT
CTNF 18/902,003 CTNF 86067 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 1.This action is responsive to the communication filed on September 30, 2024. At this time, claim 1 is pending and addressed below. 07-06 AIA 15-10-15 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. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998}; in re Goodman. 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); in re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1885): In re Van Qmum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982): In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970): and in re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer In compliance with 37 CFR 1,321 (c) or 1,321 (d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1984, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of US Patent number 12106285. The conflicting claims are not identical, they are not patentably distinct from each other because the current application contains claims that are broader in scope than the claims of the patent number 12106285 and are anticipated by the claim 1. This is a non- provisional double patenting rejection since the conflicting claims have in fact been patented. Claims Comparison Table Application Number 18902003 Patent Number 12106285 1. A computing device comprising: a processor circuit; a memory coupled with the processor circuit, the memory configured to store instructions, when executed by the processor circuit, to cause the processor circuit to: read data from a contactless card; execute, based on the data read from the contactless card, an application associated with the contactless card; communicate, via the application, the data to a server to activate the contactless card; and receive a response from the server, the response to indicate whether the contactless card is successfully activated or not successfully activated. 1. A computing device comprising: a processor circuit; a memory coupled with the processor circuit, the memory configured to store instructions, when executed by the processor circuit, to cause the processor circuit to: perform a first near-field communication (NFC) communication with a contactless card, the NFC communication to occur with the contactless card when the contactless card is within an NFC communication range of the computing device; in response to the first NFC communication with the contactless card, launch an application or download and launch the application; perform, via the application executing on the processor circuit, a second NFC communication comprising a cryptogram from the contactless card, wherein the cryptogram is encrypted by the contactless card utilizing a session key derived from a diversified key and including data; send, by the application, the cryptogram, without decrypting the cryptogram including the data, to a server to activate the contactless card; and receive, by the application, a response from the server, the response to indicate whether the contactless card is successfully activated or not successfully activated. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim 1 is rejected under 35 U.S.C 103 as being unpatentable over Kwon, US 8843125 in view of Desai, US 20140089185 A1 . 1. Kwon discloses a computing device (See Kwon, abstract; provisioning a contactless card applet in a mobile device with a mobile wallet application, including activating the mobile wallet application, connecting to a Trusted Service Manager (TSM) system, synchronizing the mobile wallet application with the TSM system) comprising: a processor circuit; (See Kwon, col 3, lines 32-36; non-transitory storage medium to store and manage mobile wallet account information including a wallet client management component to store and to manage a mobile wallet application) a memory coupled with the processor circuit, the memory configured to store instructions, (See Kwon, col 7, lines 51-54; and fig 2; TSM system 120 sends a wake up message to the mobile push server (e.g. Cloud to Device Messaging (C2DM)) with a mobile device identifier to wake up OTA proxy residing in the requesting mobile device 100… Inherently we have a memory coupled with processor for that to happen) when executed by the processor circuit, to cause the processor circuit to: read data from a contactless card; (See Kwon, col 7, lines 20-26; the SE may store one or more contactless card applets that may be used through a mobile device 100 with NFC capability, during a financial transaction, the NFC enabled mobile device may transmit contactless card information, which may include account specific information to a POS device to complete the transaction) execute, based on the data read from the contactless card, an application associated with the contactless card; (See Kwon, col 7, lines 55-57; The mobile push server routes the received message to the mobile wallet application 24, which in turn sends the request to OTA proxy and wakes OTA proxy in step 212. ) communicate, via the application, the data to a server to activate the contactless card; (See Kwon, col 3, lines 22-30; a mobile wallet application including activating the mobile wallet application; connecting to a TSM system; synchronizing the mobile wallet application with the TSM system; displaying a contactless card applet based on attributes of the mobile device; receiving a selection of a contactless card applet; retrieving a widget and a WMA corresponding to the contactless card applet; and provisioning the selected contactless card applet, widget, and the WMA. See also col 7, lines 51-65; In step 211, TSM system 120 sends a wake up message to the mobile push server (e.g. Cloud to Device Messaging (C2DM)) with a mobile device identifier to wake up OTA proxy residing in the requesting mobile device 100. The mobile push server routes the received message to the mobile wallet application 24, which in turn sends the request to OTA proxy and wakes OTA proxy in step 212.) Kwon does not appear to explicitly disclose and receive a response from the server, the response to indicate whether the contactless card is successfully activated or not successfully activated. However, Desai discloses and receive a response from the server, the response to indicate whether the contactless card is successfully activated or not successfully activated. (See Desai, [00366-0368] The method 3100 further includes the ESB configured for sending the information to TSM at step 3130. At step 3132, the TSM may communicate with the TSM proxy client and initiates the SE personalization process. At step 3134, the TSM may personalize the secure element with wallet companion applet installation and may perform store data on it with the hardware and wallet related information. At step 3138, the TSM may send a notification to the wallet server once the personalization is complete. At step 3140, the wallet server may update the wallet status as "active" and notifies the wallet client. At step 3142 of the method, the mobile wallet may show a confirmation to the user indicating successful wallet activation.) Kwon and Desai are analogous art because they are from the same field of endeavor which is contactless card activation. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kwon with the teaching of Desai to include the notification because it would have allowed the user to be informed of the card activation . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Masayuki, US 20100017334 A1, Title “Authentication Method For Person During E.g. Payment By Credit Card, Involves Transmitting Settlement Checking Result To Service Provision Server From Which Order Result Is Transmitted To User Personal Computer.” Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSNEL JEUDY whose telephone number is (571)270-7476. The examiner can normally be reached M-F 10:00-8:00. 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, Arani T Taghi can be reached at (571)272-3787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. Date: 2/24/2026 /JOSNEL JEUDY/ Primary Examiner, Art Unit 2438 Application/Control Number: 18/902,003 Page 2 Art Unit: 2438 Application/Control Number: 18/902,003 Page 3 Art Unit: 2438 Application/Control Number: 18/902,003 Page 4 Art Unit: 2438 Application/Control Number: 18/902,003 Page 5 Art Unit: 2438 Application/Control Number: 18/902,003 Page 6 Art Unit: 2438 Application/Control Number: 18/902,003 Page 7 Art Unit: 2438 Application/Control Number: 18/902,003 Page 8 Art Unit: 2438
Read full office action

Prosecution Timeline

Sep 30, 2024
Application Filed
Mar 04, 2026
Non-Final Rejection mailed — §103, §DOUBLEPATENT (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
84%
Grant Probability
68%
With Interview (-16.1%)
2y 9m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 804 resolved cases by this examiner. Grant probability derived from career allowance rate.

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