DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, 19/051,768, was filed on 02/12/2025, and is a Continuation of 18/224,668, (now issued U.S. Patent US-12,236,434-B2) filed on 07/21/2023, which is a Continuation of 17/532,042, (now issued U.S. Patent US-11,842,353-B2), filed on 11/22/2021, which is a Continuation of 16/863,401, (now issued U.S. Patent US-11,222,342-B2), filed on 04/30/2020.
The effective filing date is after the AIA date of March 16, 2013, and so the application is being examined under the “first inventor to file” provisions of the AIA .
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.
Status of the Application
This Non-Final Office Action is in response to Applicant’s communication of 04/24/2026.
Claims 1-20 are pending, of which claims 8-14 are withdrawn from consideration as being drawn to a non-elected invention. Claims 1 and 15 are independent.
All pending claims have been examined on the merits.
Information Disclosure Statement
The Information Disclosure Statements (IDSes) submitted on 05/09/2025, 10/21/2025, 12/11/2025 and 04/27/2026 have been considered.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 and 15 are rejected on the ground of obviousness-type non-statutory double patenting as being unpatentable over claims 1 and 15 of U.S. Patent No. US-11,842,353-B2.
Independent claims 1 and 15 of the present application are obvious variations of independent claims 1 and 15 of the issued patent US-11,842,353-B2, respectively. Although the independent claims at issue are not identical, the present claims are obvious variations of the co-pending application(s), due to shared claim language.
“A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus.” The species in that case will anticipate the genus. In re Slayter, 276 F.2d 408, 411, 125 USPQ 345, 347 (CCPA 1960). See also MPEP § 2131.02.
The table below underlines and bolds phrases that are different between a claim in the pending application and its respective claim (in another patent application).
U.S. Application No. 19/051,768
(Present Application)
U.S. Patent No. US-11,842,353-B2
1. A method comprising:
1. A method, comprising:
displaying, by an application executing on a processor of a device, a first instruction and a first image of a contactless card in a graphical user interface (GUI), the first image depicting the contactless card according to a first orientation;
displaying, by an application executing on a processor of a device, a first image of a plurality of images of a contactless card in a graphical user interface (GUI), the first image depicting the contactless card according to a first orientation;
determining, by the application, that near-field communication (NFC) data transfer has not been initiated between the device and the contactless card within a threshold amount of time;
determining, by the application based on a plurality of metadata attributes of the contactless card and a plurality of attributes of the device, a second orientation different than the first orientation; and
determining, by the application based on a plurality of metadata attributes of the contactless card and a plurality of attributes of the device, a second orientation different than the first orientation; and
updating, by the application, the GUI to display a second image depicting the contactless card according to the second orientation and to display an indication specifying to tap the contactless card to the device according to the second orientation.
updating, by the application, the GUI to display a second image of the plurality of images depicting the contactless card according to the second orientation and display an indication specifying to tap the contactless card to the device according to the second orientation.
Independent claim 15 is rejected on the same grounds as independent claim 1.
Conclusion
Applicants are invited to contact the Office to schedule an in-person interview to discuss and resolve the issues set forth in this Office Action. Although an interview is not required, the Office believes that an interview can be of use to resolve any issues related to a patent application in an efficient and prompt manner.
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.
Any inquiry concerning this communication or earlier communications should be directed to Examiner Ayal Sharon, whose telephone number is (571) 272-5614, and fax number is (571) 273-1794. The Examiner can normally be reached from Monday to Friday between 9 AM and 6 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SPE Christine Behncke can be reached at (571) 272-8103 or at christine.behncke@uspto.gov. The fax 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.
Sincerely,
/Ayal I. Sharon/
Examiner, Art Unit 3695
July 11, 2026
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