Prosecution Insights
Last updated: July 17, 2026
Application No. 19/027,600

TECHNIQUES TO PROCESS TRANSACTIONS WITH A CONTACTLESS CARD BASED ON ONE OR MORE CONFIGURATIONS OF THE CONTACTLESS CARD

Non-Final OA §103
Filed
Jan 17, 2025
Priority
Jan 04, 2021 — continuation of 17/140,901
Examiner
MAI, THIEN T
Art Unit
2876
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Capital One Services LLC
OA Round
2 (Non-Final)
59%
Grant Probability
Moderate
2-3
OA Rounds
1y 8m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
408 granted / 690 resolved
-8.9% vs TC avg
Strong +21% interview lift
Without
With
+20.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
35 currently pending
Career history
730
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
86.0%
+46.0% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 690 resolved cases

Office Action

§103
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 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. Claim(s) 2-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stahlhut (20200410314) in view of Choi (US 20120253607) and Wurmfield (US 20160307089) Stahlhut discloses 2. A contactless card, comprising: a communications interface comprising an antenna and circuitry configured to establish a communication link with an external computing device via a Near-Field Communication (NFC) protocol or an EMV protocol (par. 42); a fingerprint sensor 731 (Fig. 7, par. 170) configured to capture fingerprint samples; a processor; and a memory comprising a non-volatile read/write memory portion and a secure memory portion, the memory storing: at least one setting corresponding to a transaction limit, at least one encrypted verified biometric template, the template stored in the secure memory portion (Stahlhut is silent to encrypted verified biometric template; Choi discloses the card issue server of the biometric authentication card 110 is a server of the official certificate authority or the private certificate authority, interlinks with the vehicle assignment server 130 serving the vehicle assignment service, stores the user biometric information of the biometric authentication card 110 in the biometric information storage section 41 [actually 412], registers and stores the biometric information which is matched with the user biometric information stored, and encrypts the biometric authentication card 110 not to allow amendment, deletion, addition and etc. for the biometric information stored in the biometric information storage section 412 of the biometric authentication card 110; par. 59 Therefore, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Choi to prevent alteration or tampering with biometric data) a payment applet configured to perform payment operations, and a verification applet configured to perform verification operations, the payment applet and verification application further configured to operate according to a Java Card framework (par. 5-8, 35);wherein the processor is configured to execute the payment applet to: receive, via the communications interface, one or more Near-Field Communication Data Exchange Format (NDEF) messages from the external computing device, the NDEF messages comprising a request to change the at least one setting, the request including an identifier for the setting and a new value for the setting; in response to the request, securely initiate a verification routine by sending a message to the verification applet; cause the verification applet to perform the verification routine by: receiving a captured fingerprint sample from the fingerprint sensor; retrieving and decrypting the at least one encrypted verified biometric template from the secure memory portion; and comparing the captured fingerprint sample with the stored with the decrypted template to verify a user; and in response to the verification applet verifying the user, cause, by the verification applet, the payment applet to update the at least one setting with the new value, or in response to the verification applet failing to verify the user, prevent, by the verification applet, the update of the at least one setting (Stahlhut/Choi discloses card may accept override requests for limit adjustments via a paired mobile device linked to the smart card and mobile device or card may prompt the user for biometric authentication before presentation of sensitive data on the card; sensitive data include card data for a transaction, which is encrypted forming a cryptogram; Stahlhut, par. 35, 91, 98, 104, 173-174, 179, 183; Choi, par. 59; Stahlhut/Choi is silent to Java Card and NDEF messages Wurmfield discloses these features are well known in the art; abstract, par. 70; Therefore, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Wurmfield for compatibility with existing infrastructures or systems that utilize these features) 3.2, wherein the external computing device is one of a point-of-sale terminal, an automatic teller machine (ATM), or a mobile phone device. 4.2, wherein memory portion is a non-volatile read/write memory portion comprising an Electrically Erasable Programmable Read-Only Memory (EEPROM) (Wurmfield, par. 52) 5.2, wherein the at least one setting corresponding to a transaction limit comprises a single transaction spending limit, a total transaction spending limit, a geolocation limit, a date/time limit, or combination thereof (Stahlhut, par. 98). 6.2, wherein the fingerprint sensor is one of an optical scanner, a capacitance scanner, an ultrasonic scanner, or a thermal scanner (Stahlhut, par. 35). 7.2, wherein the processor is further configured to execute the payment applet to: determine that characteristics of a transaction attempt exceed the transaction limit; in response, initiate the verification routine to verify the user; and permit the transaction to proceed upon successful verification of the user (Wurmfield, par. 11, 15, 60-61, 116-117: card can include account limit, budget limit). 8.2, wherein the memory stores a plurality of encrypted verified biometric templates for a corresponding plurality of users, and wherein each of the plurality of users is associated with a different transaction limit (Choi, par. 60: a card is well known to store data for multiple users; it would have also been obvious to associate each user to a different limit depending on age or family structure, i.e. parent vs children). 9.2, wherein initiating the verification routine comprises providing an indication for the user to provide the fingerprint sample, the indication comprising one of activating a light-emitting diode (LED) on a substrate of the contactless card or sending a message to the external computing device for display (Stahlhut, par. 137). 10.2, wherein the contactless card has physical characteristics compliant with the ID-1 format of the ISO/IEC 7816 standard and is further compliant with the ISO/IEC 14443 standard (Stahlhut, par. 25). 11.2, wherein the at least one encrypted verified biometric template is encrypted using a Triple DES (3DES) algorithm implemented by hardware in the contactless card (Stahlhut discloses Application programs may utilize one or more algorithms that securely store sensitive data, encrypt sensitive data, display instances of sensitive data; thus, incorporating known 3DES algorithm is an obvious extension of the prior art). Re claims 12-21, see discussion regarding claims above. Response to Arguments Applicant’s arguments have been considered but are moot in view of new ground of rejection. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN MAI whose telephone number is (571)272-8283. The examiner can normally be reached M-F 8-5pm. 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, Steven Paik can be reached at 571-272-2404. 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. /THIEN T MAI/ Primary Examiner, Art Unit 2876
Read full office action

Prosecution Timeline

Jan 17, 2025
Application Filed
Sep 24, 2025
Non-Final Rejection mailed — §103
Jan 15, 2026
Interview Requested
Jan 22, 2026
Examiner Interview Summary
Jan 22, 2026
Applicant Interview (Telephonic)
Jan 26, 2026
Response Filed
Apr 17, 2026
Non-Final Rejection mailed — §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

2-3
Expected OA Rounds
59%
Grant Probability
80%
With Interview (+20.8%)
3y 1m (~1y 8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 690 resolved cases by this examiner. Grant probability derived from career allowance rate.

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