Prosecution Insights
Last updated: October 02, 2026
Application No. 19/094,437

REMOTELY SHARING A PAYMENT INSTRUMENT TO A CLIENT DEVICE

Final Rejection §103
Filed
Mar 28, 2025
Priority
Aug 25, 2021 — continuation of 12/307,458
Examiner
LEE, CLAY C
Art Unit
3699
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
American Express Travel Related Services Company, Inc.
OA Round
2 (Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
1y 10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
133 granted / 243 resolved
+2.7% vs TC avg
Strong +58% interview lift
Without
With
+57.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
31 currently pending
Career history
279
Total Applications
across all art units

Statute-Specific Performance

§101
30.6%
-9.4% vs TC avg
§103
47.3%
+7.3% vs TC avg
§102
8.0%
-32.0% vs TC avg
§112
12.0%
-28.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 243 resolved cases

Office Action

§103
DETAILED ACTION 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 . Response to Amendment The amendment filed April 28, 2026 has been entered. Claims 1-20 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every 101 rejections previously set forth in the Non-Final Office Action mailed January 28, 2026. Claim Objections Claims 7 and 14 are objected to because of the following informalities: In claim 7, line 4; and claim 14, corresponding line, “download” should read --to download--. Appropriate correction is required. Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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) 1, 4-8, 11-15, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goodwin (US 20190080309 A1) in view of Russell (US 11489842 B1). Regarding Claims 1 and 15, Goodwin teaches A system, comprising: a client device comprising a processor and a memory; and machine-readable instructions stored in the memory that, when executed by the processor, cause the client device to at least (Goodwin: Abstract; Paragraph(s) 0004): A non-transitory, computer-readable medium, comprising machine-readable instructions that, when executed by a processor of a client device, cause the client device to at least (Goodwin: Abstract; Paragraph(s) 0004, 0030): show, on a display of the client device, an authentication user interface for a second user based at least in part on a selection of an authentication [hyperlink], the authentication user interface being associated with accessing a virtual payment instrument that is linked to a transaction account of a first user (Goodwin: Paragraph(s) 0016, 0046, 0049, 0066, 0068 teach(es) an application may present a graphical user interface to a user (e.g., on a display), and the user may select certain functions of the client device to be executed by providing input to the user interface. In addition, the service provider server may be configured to generate and manage secondary accounts (e.g., virtual cards) associated with a primary account); transmit a user credential for the second user and a device identifier corresponding to the client device using the authentication user interface; based at least in part on an authentication of the user credential for the second user and the device identifier corresponding to the client device (Goodwin: Paragraph(s) 0042 teach(es) The mobile device may store the user's account credentials, such as a PAN (primary account number), a token, a name, an address, a CVV, an expiration date, and any other suitable information. The mobile device may also store one or more tokens or virtual card identifiers associated with the mobile device itself or applications installed upon the mobile device. Such data may be securely stored via hardware (e.g., a secure element) or software), …; and show, on the display of the client device, a wallet user interface that includes the virtual payment instrument based at least in part on a receipt of the virtual payment instrument, the wallet user interface displaying the spending policy for the virtual payment instrument that has been set by the first user (Goodwin: Paragraph(s) 0068, 0003, 0049, 0066 teach(es) once a secondary account has been generated, the service provider may transmit an identifier for the secondary account (e.g., the token) to the secondary client device. In some embodiments, this may involve transmitting the secondary account identifier (i.e., virtual payment instrument) to the secondary client device (i.e., second client device) using a device identifier (i.e., device identifier from the beneficiary user data) received in the request to generated the secondary account). However, Goodwin does not explicitly teach …based at least in part on a selection of an authentication hyperlink, …receive the virtual payment instrument and a spending policy for the virtual payment instrument, the spending policy being set by the first user. Russell from same or similar field of endeavor teaches …based at least in part on a selection of an authentication hyperlink, …receive the virtual payment instrument and a spending policy for the virtual payment instrument, the spending policy being set by the first user (Russell: Col. 3, lines 58-66; Col. 11, line 65 ~ Col. 12, line 15; Col. 12, lines 30-53 teach(es) The systems and methods also generate automated messages that can be sent to proposed delegates with a link (i.e., hyperlink for configuring a wallet application) and authentication code so that the delegate can be securely enrolled (i.e., for registering) with the account management service. By generating automated messages at the point of the user's device, the embodiments facilitate trust between the delegate and the account management service, since the user initiates the enrollment process directly via a message over SMS; service has determined that the delegate has accepted enrollment. At this point, the service must request the necessary identification information so that the delegate can be trusted to approve transactions. In step 1204, service may retrieve delegate approval policies. These policies may be set by the user at an earlier point, as described above and shown schematically in FIG. 4. In step 1206, service may select an appropriate authorization level based on information indicated in the delegate approval policies. For example, if the user indicates that the delegate can approve transactions up to $500, this may correspond with a particular predetermined authorization level). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Goodwin to incorporate the teachings of Russell for …based at least in part on a selection of an authentication hyperlink, …receive the virtual payment instrument based at least in part on an authentication of the user credential for the second user and a spending policy for the virtual payment instrument, the spending policy being set by the first user. There is motivation to combine Russell into Goodwin because a person of ordinary skill in the art would appreciate Russell’s hyperlink facilitating secure communications between the system and the second client device (Russell: Col. 3, lines 58-66; Col. 11, line 65 ~ Col. 12, line 20). Regarding Claim 8, Goodwin teaches A computer-implemented method comprising (Goodwin: Abstract): showing, on a display of the client device, an authentication user interface for the second user … (Goodwin: Paragraph(s) 0016, 0046, 0049 teach(es) an application may present a graphical user interface to a user (e.g., on a display), and the user may select certain functions of the client device to be executed by providing input to the user interface. In addition, the service provider server may be configured to generate and manage secondary accounts (e.g., virtual cards) associated with a primary account); transmitting, by the client device, a user credential for the second user and a device identifier corresponding to the client device using the authentication user interface; receiving, by the client device, data associated with the virtual payment instrument and a spending policy for the virtual payment instrument, the spending policy being set by the first user, based at least in part on an authentication of the user credential for the second user and the device identifier corresponding to the client device (Goodwin: Paragraph(s) 0068, 0003, 0022, 0027,0034, 0042 teach(es) once a secondary account has been generated, the service provider may transmit an identifier for the secondary account (e.g., the token) to the secondary client device. In some embodiments, this may involve transmitting the secondary account identifier (i.e., virtual payment instrument) to the secondary client device (i.e., second client device) using a device identifier (i.e., device identifier from the beneficiary user data) received in the request to generated the secondary account; An issuer may also issue payment credentials stored on a user device, such as a cellular telephone, smart card, tablet, or laptop to the consumer; The mobile device may store the user's account credentials, such as a PAN (primary account number), a token, a name, an address, a CVV, an expiration date, and any other suitable information. The mobile device may also store one or more tokens or virtual card identifiers associated with the mobile device itself or applications installed upon the mobile device. Such data may be securely stored via hardware (e.g., a secure element) or software); and showing, on the display of the client device, a wallet user interface that includes the virtual payment instrument based at least in part on a receipt of the virtual payment instrument, the wallet user interface displaying a spending policy for the virtual payment instrument that has been set by the first user (Goodwin: Paragraph(s) 0046, 0016, 0049, 0086, 0104, 0066, 0068 teach(es) the service provider server may be configured to generate and manage secondary accounts (e.g., virtual cards) associated with a primary account. In addition, the user may select certain functions of the client device to be executed by providing input to the user interface; the service provider server may dynamically generate a set of protocols for that transaction based on itinerary data for that secondary account). However, Goodwin does not explicitly teach receiving, by a client device, an authentication hyperlink associated with providing a second user access to a virtual payment instrument, the virtual payment instrument being originated by a first user, and …based at least in part on a selection of the authentication hyperlink. Russell from same or similar field of endeavor teaches receiving, by a client device, an authentication hyperlink associated with providing a second user access to a virtual payment instrument, the virtual payment instrument being originated by a first user, …based at least in part on a selection of the authentication hyperlink (Russell: Col. 3, lines 58-66; Col. 11, line 65 ~ Col. 12, line 15; Col. 12, lines 30-53 teach(es) The systems and methods also generate automated messages that can be sent to proposed delegates with a link (i.e., hyperlink for configuring a wallet application) and authentication code so that the delegate can be securely enrolled (i.e., for registering) with the account management service. By generating automated messages at the point of the user's device, the embodiments facilitate trust between the delegate and the account management service, since the user initiates the enrollment process directly via a message over SMS; service has determined that the delegate has accepted enrollment. At this point, the service must request the necessary identification information so that the delegate can be trusted to approve transactions. In step 1204, service may retrieve delegate approval policies. These policies may be set by the user at an earlier point, as described above and shown schematically in FIG. 4. In step 1206, service may select an appropriate authorization level based on information indicated in the delegate approval policies. For example, if the user indicates that the delegate can approve transactions up to $500, this may correspond with a particular predetermined authorization level). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Goodwin to incorporate the teachings of Russell for receiving, by a client device, an authentication hyperlink associated with providing a second user access to a virtual payment instrument, the virtual payment instrument being originated by a first user, and …based at least in part on a selection of the authentication hyperlink. There is motivation to combine Russell into Goodwin because a person of ordinary skill in the art would appreciate Russell’s hyperlink facilitating secure communications between the system and the second client device (Russell: Col. 3, lines 58-66; Col. 11, line 65 ~ Col. 12, line 20). Regarding Claims 4, 11, and 18, the combination of Goodwin and Russell teaches all the limitations of claims 1, 8, and 15 above; and Goodwin further teaches wherein the spending policy comprises at least one of a monetary a limit, a spending category, or an expiration date (Goodwin: Paragraph(s) 0066-0067, 0042, 0044, 0086 teach(es) a request to generate a secondary account (virtual payment instrument) is received by the service provider server from a primary client device. In addition, one or more protocols (spending policy) may be selected to be associated with the secondary account; the user may request an increase in a spending limit or an extension of some specific status). Regarding Claims 5, 12, and 19, the combination of Goodwin and Russell teaches all the limitations of claims 1, 8, and 15 above; and Goodwin further teaches wherein the wallet user interface includes a spending policy area and a checkout area, the spending policy area including the spending policy for the virtual payment instrument, the checkout area comprises at least one user interface component that is configured to presenting the virtual payment instrument to a point of sale (POS) terminal (Goodwin: Paragraph(s) 0079, 0043, 0018-0019, 0024, 0085 teach(es) the functionality may be implemented via a checkout element rendered within a browser application, the functionality may be implemented via a checkout element rendered within a mobile application that manages access to a resource, or the functionality may be implemented via a checkout element rendered within a payment application (e.g., a mobile application used to complete payments at a physical location); the access device may a point-of-sale (POS) device). Regarding Claims 6, 13, and 20, the combination of Goodwin and Russell teaches all the limitations of claims 1, 8, and 15 above; and Goodwin further teaches wherein the machine-readable instructions stored in the memory that, when executed by the processor, cause the client device to at least: receive an updated spending policy for the virtual payment instrument, the updated spending policy representing a change in the spending policy by the first user; and display the updated spending policy in the wallet user interface (Goodwin: Paragraph(s) 0086, 0104 teach(es) the user may request an increase in a spending limit or an extension of some specific status). Regarding Claims 7 and 14, the combination of Goodwin and Russell teaches all the limitations of claims 1, 8, and 15 above; and Goodwin further teaches wherein the machine-readable instructions that receive the virtual payment instrument further cause, when executed by the processor, cause the client device to at least: receive an instruction download a wallet application associated with the virtual payment instrument; install the wallet application in the client device; and activate the virtual payment instrument for use on the client device based at least in part on the installation of the wallet application (Goodwin: Paragraph(s) 0027 teach(es) A digital wallet may allow the user to load one or more payment cards onto the digital wallet so as to make a payment without having to enter an account number or present a physical card. A digital wallet application may allow the user to view an account statement including information regarding transactions conducted on accounts loaded on the digital wallet). Claim(s) 2-3, 9-10, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goodwin (US 20190080309 A1) in view of Russell (US 11489842 B1), as applied to claims 1, 8, and 15, and in further view of McClung (US 20160162882 A1). Regarding Claims 2, 9, and 16, the combination of Goodwin and Russell teaches all the limitations of claims 1, 8, and 15 above; however the combination does not explicitly teach wherein the machine-readable instructions stored in the memory that, when executed by the processor, cause the client device to at least: receive a selection of a user interface component for presenting the virtual payment instrument; generate a machine-readable representation of the virtual payment instrument based at least in part on the selection of the user interface component; and display the machine-readable representation of the virtual payment instrument. McClung from same or similar field of endeavor teaches wherein the machine-readable instructions stored in the memory that, when executed by the processor, cause the client device to at least: receive a selection of a user interface component for presenting the virtual payment instrument; generate a machine-readable representation of the virtual payment instrument based at least in part on the selection of the user interface component; and display the machine-readable representation of the virtual payment instrument (McClung: Paragraph(s) 0108, 0159 teach(es) allowing a consumer to make a payment through the user's mobile device, such as through the use of barcodes, communication between the payment provider and a merchant, and other methods). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of the combination of Goodwin and Russell to incorporate the teachings of McClung for the benefit of facilitating a choice by a consumer of one of a plurality of eWallets from an eWallet entity or from an eWallet provider and using a hyperlink for transactions (See at least McClung: Abstract; Paragraph(s) 0335). Regarding Claims 3, 10, and 17, the combination of Goodwin, Russell, and McClung teaches all the limitations of claims 2, 9, and 16 above; however the combination does not explicitly teach wherein the machine-readable representation of the virtual payment instrument is a one-dimensional bar code or a two-dimensional bar code. McClung further teaches wherein the machine-readable representation of the virtual payment instrument is a one-dimensional bar code or a two-dimensional bar code (Goodwin: Paragraph(s) 0108, 0159, 0248, 0233, as stated above with respect to claims 2, 9, and 16). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of the combination of Goodwin and Russell to incorporate the teachings of McClung for the benefit of facilitating a choice by a consumer of one of a plurality of eWallets from an eWallet entity or from an eWallet provider and using a hyperlink for transactions (See at least McClung: Abstract; Paragraph(s) 0335). Response to Arguments Applicant's arguments filed April 28, 2026 have been fully considered but they are not persuasive. Regarding applicant’s argument under Claim Rejections - 35 USC § 103 that “the combination of Goodwin and Russel fails to show or suggest at least the amended subject matter of: based at least in part on an authentication of the user credential for the second user and the device identifier corresponding to the client device, receive the virtual payment instrument and a spending policy for the virtual payment instrument, the spending policy being set by the first user, as recited in amended claim 1,” examiner respectfully argues that Goodwin teaches the features as stated above (Pages 4-5). It is recommended for the applicant to amend the claims further with more technical details and technical contexts of first/second users, client device, virtual payment instrument, usage of the virtual payment instrument in a transaction. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAY LEE whose telephone number is (571)272-3309. The examiner can normally be reached Monday-Friday 8-5pm EST. 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, Neha Patel can be reached at (571)270-1492. 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. /CLAY C LEE/Primary Examiner, Art Unit 3699
Read full office action

Prosecution Timeline

Mar 28, 2025
Application Filed
Jan 28, 2026
Non-Final Rejection mailed — §103
Apr 21, 2026
Examiner Interview Summary
Apr 21, 2026
Applicant Interview (Telephonic)
Apr 28, 2026
Response Filed
Aug 06, 2026
Final Rejection mailed — §103
Sep 21, 2026
Examiner Interview Summary
Sep 21, 2026
Applicant Interview (Telephonic)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
99%
With Interview (+57.5%)
3y 4m (~1y 10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 243 resolved cases by this examiner. Grant probability derived from career allowance rate.

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