Prosecution Insights
Last updated: October 02, 2026
Application No. 19/184,354

OFFLOADING A SIGNING OPERATION ON A USER DEVICE

Non-Final OA §DP
Filed
Apr 21, 2025
Priority
Jan 04, 2021 — continuation of 11/893,562 +1 more
Examiner
WALKER, MICHAEL JARED
Art Unit
Tech Center
Assignee
Capital One Services LLC
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
1y 3m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
165 granted / 292 resolved
-3.5% vs TC avg
Strong +29% interview lift
Without
With
+29.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
20 currently pending
Career history
311
Total Applications
across all art units

Statute-Specific Performance

§101
33.1%
-6.9% vs TC avg
§103
29.8%
-10.2% vs TC avg
§102
15.4%
-24.6% vs TC avg
§112
16.1%
-23.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 292 resolved cases

Office Action

§DP
DETAILED ACTION 1. Claims 1-20 are currently pending. The effective filing date of the present application is 1/4/2021. Notice of Pre-AIA or AIA Status 2. 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 3. 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. 4. Claims 1, 2, 4-6, 9-13 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8, 9, and 13-15of U.S. Patent No. 12,282,907. Although the claims at issue are not identical, they are not patentably distinct from each other because use of synonyms and broader scope. Claims 1, 2, 4-6, 9-13 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4, 7, 9, 13, and 14 of U.S. Patent No. 11,893,562. Although the claims at issue are not identical, they are not patentably distinct from each other because use of synonyms and broader scope. 19/184,354 12,282,907 11,893,562 1 (similarly claims 9 and 15). A first device, comprising: 9. A system, comprising: 9. (Currently Amended) A system for offloading an operation to a user device, the system comprising: one or more memories; and one or more memories; and one or more memories; and one or more processors, coupled to the one or more memories, configured to: one or more processors, communicatively coupled to the one or more memories, configured to: one or more processors, communicatively coupled to the one or more memories, configured to: obtain first information associated with a transaction initiated at the first device, wherein the transaction is associated with performing an operation; receive, from a terminal device, a request associated with an exchange initiated at the terminal device, based on receiving operation information associated with a performance of the operation at the user device, a response that indicates the performance of the operation. receive, from a terminal device, a request associated with an exchange initiated at the terminal device, wherein the terminal device is configured to perform the operation and to present a terminal-side user interface for performing the operation; obtain, based on the first information, second information associated with a second device; obtain, from another device associated with the terminal device and based on the request, user information associated with a user device; wherein the operation is associated with the exchange, and wherein the terminal device is configured to perform the operation and to present a terminal-side user interface for performing the operation; transmit, to transfer the operation to the second device, third information for the second device to use to perform the operation; and transmit, to the user device and to offload the operation to the user device, presentation information identifying content for the user device to use to perform the operation; and transmit, to the user device and to the offload the operation to the user device, presentation information identifying content for the user device to use to perform the operation associated with completing the exchange, wherein the operation is not performed by the terminal device; receive, based on transmitting the third information, a response associated with performing the operation at the second device. transmit, to the terminal device and based on receiving operation information associated with a performance of the operation at the user device, a response that indicates the performance of the operation. transmit, to the terminal device and based on receiving the operation information, a response that indicates the performance of the operation of the exchange. 2. The first device of claim 1, wherein the first information identifies a payment medium associated with the transaction. 14. The system of claim 9, wherein the one or more processors are further configured to: 14. (Original) The system of claim 9, wherein the one or more processors are further configured to: transmit, to the user device, information that identifies at least one of an aggregate exchange total of a medium associated with the exchange or a budget associated with the exchange. transmit, to the user device, information that identifies at least one of an aggregate exchange total associated with the medium or a budget associated with the exchange. 4 (similarly claim 10). The first device of claim 1, wherein the third information identifies the second device. obtain, from another device associated with the terminal device and based on the request, user information associated with a user device; wherein the operation is associated with the exchange, and wherein the terminal device is configured to perform the operation and to present a terminal-side user interface for performing the operation; 5 (similarly claims 11, 12, and 16). The first device of claim 1, wherein the one or more processors, to obtain the second information, are configured to: determine the second information using historical transaction data. 13. The system of claim 9, wherein the response is transmitted in association with a determination that a signature identified by the operation information corresponds to a signature associated with a medium associated with the exchange. 13. (Original) The system of claim 9, wherein the user information further identifies information relating to a signature associated with the medium, and wherein the response is transmitted based on a determination that a signature identified by the operation information corresponds to the signature associated with the medium. 6 (similarly claims 13 and 16). The first device of claim 1, wherein the one or more processors are further configured to: 15. The system of claim 9, wherein the operation information identifies at least one of: 4. (Currently Amended) The non-transitory computer-readable medium of wherein the response identifies at least one of: identify the second device using image data. image data associated with performance of a signing operation at the user device, or image data associated with performance of the signing operation at the user device, or 17. The method of claim 15, further comprising: transmitting, to a backend system and based on a determination that a network connection is available, a request identifying the first information. 8. The non-transitory computer-readable medium of claim 1, wherein the one or more instructions, when executed by the one or more processors, further cause the terminal device to: 7. (Previously Presented) The non-transitory computer-readable medium of claim 1, wherein the one or more instructions, when executed by the one or more processors, further cause the terminal device to: transmit, to a backend system and based on a determination that a network connection is available for the terminal device, a request identifying the exchange information and the response. transmit, to a backend system and based on a determination that a network connection is available for the terminal device, a request associated with the exchange initiated at the terminal device, wherein the request identifies the exchange information and the response. 19. The method of claim 15, wherein receiving the response comprises: receiving the response from the second device. 15. an indication of the performance of the signing operation at the user device. 4. an indication of the performance of the signing operation at the user device. 20. The method of claim 15, wherein receiving the response comprises: receiving the response from a backend system. 8. transmit, to a backend system and based on a determination that a network connection is available for the terminal device, a request identifying the exchange information and the response. 7. transmit, to a backend system and based on a determination that a network connection is available for the terminal device, a request associated with the exchange initiated at the terminal device, wherein the request identifies the exchange information and the response. Eligible Subject Matter-Abstract Idea and Subject Matter Overcoming the Prior Art The reason for subject matter overcoming the prior art of claims 1-20 in the instant application is because the prior art of record fails to teach the overall combination as claimed. Therefore, it would not have been obvious to one of ordinary skill in the art to modify the prior art to meet the combination above without unequivocal hindsight and one of ordinary skill would have no reason to do so. The nearest art, Koeppel 2019/0122185, Eramian 2015/0348004, and Blanco 2014/0164237, does not teach transmit, to transfer the operation to the second device, third information for the second device to use to perform the operation; and receive, based on transmitting the third information, a response associated with performing the operation at the second device. Upon further searching the examiner could not identify any prior art to teach these limitations. The prior art on record, alone or in combination, neither anticipates, reasonably teaches, not renders obvious the Applicant’s claimed invention. Examiner notes [0015] discussing the technical solution for the technical problem, thus eligible as a practical application. Claims 3,7-8 and 14 are objected to for dependency from a rejected claim. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited, PTO form 892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL JARED WALKER whose telephone number is (303)297-4407. The examiner can normally be reached Monday-Thursday 9:00 AM -5:00 PM CT. 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, Fahd Obeid can be reached at (571)270-3324. 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. /MICHAEL JARED WALKER/Primary Examiner, Art Unit 3627 Michael.walker@uspto.gov
Read full office action

Prosecution Timeline

Apr 21, 2025
Application Filed
Sep 14, 2026
Non-Final Rejection mailed — §DP (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

1-2
Expected OA Rounds
56%
Grant Probability
86%
With Interview (+29.0%)
2y 8m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 292 resolved cases by this examiner. Grant probability derived from career allowance rate.

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