Prosecution Insights
Last updated: October 04, 2026
Application No. 18/912,221

APPARATUS AND METHOD FOR NEAR FIELD COMMUNICATION (NFC) READING

Non-Final OA §102
Filed
Oct 10, 2024
Priority
May 07, 2024 — provisional 63/643,844
Examiner
KUNTZ, CURTIS A
Art Unit
Tech Center
Assignee
Skyx Ip Holdings I LLC
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
6m
Est. Remaining
60%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
49 granted / 86 resolved
-3.0% vs TC avg
Minimal +4% lift
Without
With
+3.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
97
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
57.1%
+17.1% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
19.7%
-20.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 86 resolved cases

Office Action

§102
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 § 102 2. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 3. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sweeney et al US 12387069 B2. 4. Consider claim 1. Sweeney et al teaches (figs 1 and 3) an apparatus for near field communication (NFC) reading (106 which can be a smart phone col 6, line 1), comprising: an outer body; a power source disposed within the outer body (there is inherently a battery in the body of a smart phone), wherein the power source is configured to provide electric power; a processing circuit (201 in fig 2A) connected to the power source to provide power to the processing circuit, wherein the processing circuit is configured to: receive identification data from an external device (ID card 102); transmit (via network 210) the identification data to a remote server (320 in fig 3) communicatively connected to the apparatus; and generate an external response (512 in fig 5) for the external device based on the identification data; and a display (220) communicatively connected to the processing circuit, wherein the display (220) is configured to information from processing circuit (col 13, lines 49-53). Method claim 11 is rejected for the same reasons as apparatus claim 1 since the recited elements would perform the claimed steps. 5. Regarding claims 2 and 12. Sweeney et al teaches (fig 1) wherein the identification data comprises a unique identifier associated with the external device (ID card 102). 6. Regarding claims 3 and 13. Sweeney et al teaches further comprising an ID reader (scanner 108) configured to receive identification data from a form of identification (102) associated with a user. 7. Regarding claims 4 and 14. Sweeney et al teaches wherein the processing circuit (201) is further configured to store (204) the user identification data and compare (via network 210 to server 320) the user identification data to a cutoff date (see col 9, lines 45-64). 8. Regarding claims 5 and 15. Sweeney et al teaches (fig 5) wherein generating the external response comprises generating the external response as a function of the comparison of the user identification data and the cutoff date (see col 14, lines 8-20). 9. Regarding claim 6 and 16. Sweeney et al teaches wherein processing circuit is further configured to receive a user image of the user, compare the user identification data and the user image, and generate the external response as a function of the comparison of the captured image of the form of identification associated and the user and the user image (see col 15, lines 12-16 and col 16, lines 17-32). 10. Regarding claims 7 and 17. Sweeney et al teaches wherein the processing circuit is further configured to transmit received identification data to remote server communicatively connected to the apparatus (see col 7, lines 10-14). 11. Regarding claims 8 and 18. Sweeney et al teaches wherein the processing circuit is further configured to store the identification data to a datastore (see col 6, lines 61-64 and col 9, lines 45-64). 12. Regarding claims 9 and 19. Sweeney et al teaches wherein the processing circuit (201 in combination with server 320) is further configured to generate a user interface data structure as a function of the external response (508 in fig 5 and further it reads on data in col 8, lines 49-57 when queried after scanning the ID). 13. Regarding claims 10 and 20. Sweeney et al teaches wherein the processing circuit is further configured to: receive user metadata (108); transmit (508) the user metadata to a digital identity verification platform (322); receive a verification datum (512) from the digital identity verification (322) generated based on verification of the user metadata (col 8, lines 49-57); and generate the external response based on the verification datum (602). 14. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Arber US 2017/0076082 A1 teaches an identification verification system comprising a verification server arranged to: receive, via a network, user photo data corresponding to a photo of a user upon the user authorizing the transmission of the user photo data at an identification data provider system, store user identification data in a verification database, the user identification data including at least the user photo data and corresponding user identification string data indicative of a user identification string, transmit the user identification string data to a user device associated with the user for storage on the user device, and transmit to a merchant device at least the user photo data corresponding to the user identification string upon receiving the user identification string or user identification string data from the merchant device, to enable the merchant device to display the photo of the user on the merchant device. Graham WO 2018167570 A2 teaches a method involves receiving data including a request for verification of the user from a provider system, and determining, whether the user is age verified. An affirmative indication is provided to the provider system. An interface for input of identifying data is provided directly to the user device. The identifying data is received from a user device. The identifying data is provided to a third-party verification source. An indication of verification of age is received based on the identifying data. Conclusion 15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS A KUNTZ whose telephone number is (571)272-7499. The examiner can normally be reached on M-Th from 530am to 330pm and Fri from 530am to 10am. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D Anderson, can be reached at telephone number 5712724177. 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 Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice. /CURTIS A KUNTZ/Primary examiner, Art Unit 2646
Read full office action

Prosecution Timeline

Oct 10, 2024
Application Filed
Aug 18, 2026
Non-Final Rejection mailed — §102 (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
57%
Grant Probability
60%
With Interview (+3.5%)
2y 6m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 86 resolved cases by this examiner. Grant probability derived from career allowance rate.

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