Prosecution Insights
Last updated: October 01, 2026
Application No. 19/032,986

FIRST FACTOR CONTACTLESS CARD AUTHENTICATION SYSTEM AND METHOD

Non-Final OA §112
Filed
Jan 21, 2025
Priority
Jul 23, 2019 — continuation of 10/541,995 +3 more
Examiner
HO, DAO Q
Art Unit
2432
Tech Center
2400 — Computer Networks
Assignee
Capital One Services LLC
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
571 granted / 687 resolved
+25.1% vs TC avg
Strong +32% interview lift
Without
With
+32.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
29 currently pending
Career history
725
Total Applications
across all art units

Statute-Specific Performance

§101
11.8%
-28.2% vs TC avg
§103
48.7%
+8.7% vs TC avg
§102
9.5%
-30.5% vs TC avg
§112
20.2%
-19.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 687 resolved cases

Office Action

§112
CTNF 19/032,986 CTNF 87333 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. DETAILED ACTION This is a reply to the application filed on 1/21/2025, in which, claim(s) 1-20 are pending. Information Disclosure Statement The information disclosure statement (IDS) submitted on 5/30/2025, 10/9/2025, 4/22/2026, has been reviewed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner is considering the information disclosure statement. Specification 06-31 AIA The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Drawings The drawings filed on 1/21/2025 is/are accepted by The Examiner. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1, 8 and 15 reciting “receiving encrypted data from a contactless card based on a selection of the prompt, wherein the encrypted data comprises a unique identifier encrypted with at least a counter and by a pair of diversified session keys …”. It is unclear if counter is used to encrypt the unique identifier or it is part of the encrypted data. It is unclear how the unique identifier is encrypted by a pair of session keys… Are they used to encrypted the data in sequence one after another or both at the same time. If both at the same time, it is unclear how it is possible. The intervention clams are dependent and are rejected based on the same rationale. Internet Communications Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http:ljwww.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only : (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kwon (US 20170068950 A1) discloses an on-line credit card payment includes a user terminal to access a shopping mall server and select at least one commodity information transmitted by the shopping mall server and request payment based on the selected commodity information; a payment server configured to receive a payment signal according to the payment request from the shopping mall server, and generate a push message corresponding to the payment signal; a mobile terminal configured to receive the push message and including a payment application which automatically operates in response to receipt of the push message; a value added network (VAN) company server configured to transmit a one-time card number (OTC) from the mobile terminal to the payment server, and extract a card number by receiving a block data of a credit card corresponding to the OTC from the payment server; and a card company server configured to approve the credit card payment. Yau et al. (US 20160261411 A1) discloses authenticating a computer resource such as an application or data on a mobile device uses a contactless token to provide multi-factor user authentication. User credentials are stored on the token in the form of private keys, and encrypted data and passwords are stored on the device. When an application user requires access to the resource an encrypted password is transmitted to and decrypted on the token using a stored key. An unencrypted data encryption key or password is then transmitted back to the device under the protection of a cryptographic session key which is generated as a result of strong mutual authentication between the device and the token . Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAO Q HO whose telephone number is (571)270-5998. The examiner can normally be reached on 7:00am - 5:00pm. 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, Jeffrey Nickerson can be reached on (469) 295-9235. 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. /DAO Q HO/Primary Examiner, Art Unit 2432 Application/Control Number: 19/032,986 Page 2 Art Unit: 2432 Application/Control Number: 19/032,986 Page 3 Art Unit: 2432 Application/Control Number: 19/032,986 Page 4 Art Unit: 2432
Read full office action

Prosecution Timeline

Jan 21, 2025
Application Filed
May 28, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

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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
83%
Grant Probability
99%
With Interview (+32.1%)
2y 7m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 687 resolved cases by this examiner. Grant probability derived from career allowance rate.

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