Prosecution Insights
Last updated: July 17, 2026
Application No. 18/948,818

API FOR INCREMENTAL AND PERIODIC CRYPTO ASSET TRANSFER

Non-Final OA §DP
Filed
Nov 15, 2024
Priority
Jun 23, 2022 — continuation of 12/182,800
Examiner
HUANG, JAY
Art Unit
3619
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
The Toronto-dominion Bank
OA Round
1 (Non-Final)
53%
Grant Probability
Moderate
1-2
OA Rounds
3y 9m
Est. Remaining
73%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
257 granted / 484 resolved
+1.1% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
5y 5m
Avg Prosecution
27 currently pending
Career history
521
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
84.7%
+44.7% vs TC avg
§102
4.0%
-36.0% vs TC avg
§112
5.1%
-34.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 484 resolved cases

Office Action

§DP
CTNF 18/948,818 CTNF 85520 DETAILED ACTION Acknowledgements This Office Action is in response to Applicant’s correspondence filed on 11/15/24. The Examiner notes that citations to United States Patent Application Publication paragraphs are formatted as [####], #### representing the paragraph number. 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 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. 12-151 AIA 26-51 12-51 Status of Claims Claims 1-20 are currently pending. Claims 1-20 are rejected as set forth below. 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. 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 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. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of U.S. Patent No. 12182800 . Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the ‘800 claims anticipate the scope of the instant claims . Allowable Subject Matter Claims 1-20 are allowable over the closest cited prior art. Specifically, the closest cited prior art fails to teach or suggest the following limitations in the context of the ordered combination of the claims as a whole: execute a first machine learning model on the transaction content and the browsing data to determine behavior data of the digital wallet; generate a security profile in digital form that includes the behavior data of the digital wallet, embed the security profile within a digital token; generate a plurality of transactions which include a plurality of partial payment values of the future recurring purchase and store the plurality of transactions within a queue; and execute the plurality of transactions to transfer the plurality of partial payment values from a fiat payment account to a cryptocurrency account via an application programming interface (API), wherein the execution of the plurality of transactions comprises verification of the plurality of transactions based on the security profile. Specifically, the closest cited prior art does not teach generating a plurality of partial sub-transactions based on a future recurring purchase, storing the plurality of partial sub-transactions into a queue, verifying the plurality of partial sub-transactions based on a security profile, wherein the security profile is generated based on the behavioral data of a digital wallet, wherein the behavioral data is determined based on executing a machine learning model to analyze transaction content and browsing data, and executing the plurality of partial sub-transactions by transferring funds from a fiat payment account to a cryptocurrency account. 07-43-03 AIA As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a). Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : United States Patent Application Publication No. 20220245641 to Wintle discloses a system for intelligent recurring transaction processing and fraud detection comprises an artificial intelligence (AI) platform including machine learning (ML) models that are in communication with server computers. The servers access historical payment transaction data from a transaction database to train the ML models to predict future recurring transactions. The servers receive an authorization request from an acquirer for a payment transaction by a cardholder using a payment device, process the authorization request to the issuer and transmit a response. Transaction data from the authorization request is input into the ML models to predict whether the payment transaction comprises a recurring payment transaction and if so, determine a predicted date of a next recurring transaction. An API call is initiated to the issuer with transaction attributes regarding the next recurring payment transaction prior to the predicted date, and the issuer sends an alert message directly to the cardholder. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY HUANG whose telephone number is (408)918-9799. The examiner can normally be reached 9:00a - 5:30p PT. 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, Anita Coupe can be reached at (571) 270-3614. 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. /JAY HUANG/Primary Examiner, Art Unit 3619 Application/Control Number: 18/948,818 Page 2 Art Unit: 3619 Application/Control Number: 18/948,818 Page 3 Art Unit: 3619 Application/Control Number: 18/948,818 Page 4 Art Unit: 3619 Application/Control Number: 18/948,818 Page 5 Art Unit: 3619 Application/Control Number: 18/948,818 Page 6 Art Unit: 3619 Application/Control Number: 18/948,818 Page 7 Art Unit: 3619 Application/Control Number: 18/948,818 Page 8 Art Unit: 3619
Read full office action

Prosecution Timeline

Nov 15, 2024
Application Filed
Jun 01, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

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4y 4m to grant Granted Mar 03, 2026
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
53%
Grant Probability
73%
With Interview (+20.0%)
5y 5m (~3y 9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 484 resolved cases by this examiner. Grant probability derived from career allowance rate.

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