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
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.
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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over GSM Association: Service Provider Toolkit Version 1.0 hereafter GSMA in view of Khan (US 2015/0324791) hereafter Khan.
1. GSMA discloses a method comprising:
receiving, by a non-native application process running on a user device associated with a first entity (page 9, a user who wants to have NFC services deployed and activated on the secure element may request the service through the designated interface provided by the application provider, this could be a mobile wallet, web interface), a selection of a digital credential at a user interface associated with the non-native application process (section 4.8 on starting on page 10); and responsive to the selection:
providing for transmitting, by the non-native application process and to a first server associated with the first entity, a first request for provisioning a domain for the digital credential on a secure element of the user device (page 10, service provider domain creation and application installation);
in response to the first request, receiving, by the non-native application process, an indication that a first script was provided to the secure element for the secure element to provision the domain on the secure element according to the first script (page 10, notify the personalization manager regarding successful completion of the previous two steps);
displaying, by the non-native application process, a representation of the provisioned digital credential on the user interface (section 4.8 starting on page 10).
GSMA does not explicitly disclose providing for transmitting, by the non-native application process and to a second server associated with a second entity that is separate and independent from the first entity, a second request to provision the digital credential in the provisioned domain on the secure element; in response to the second request, receiving, by the non-native application process and from the second server, a second script for provisioning the digital credential in the provisioned domain on the secure element; causing, by the non-native application process, the secure element to provision the digital credential in the provisioned domain on the secure element according to the second script. However, in an analogous art, Khan discloses storage of credential service provider data in a security domain including providing for transmitting, by the non-native application process and to a second server associated with a second entity that is separate and independent from the first entity, a second request to provision the digital credential in the provisioned domain on the secure element (fig. 5, 570, para 54); in response to the second request, receiving, by the non-native application process and from the second server, a second script for provisioning the digital credential in the provisioned domain on the secure element (fig. 5, 572, para 56-57); causing, by the non-native application process, the secure element to provision the digital credential in the provisioned domain on the secure element according to the second script (fig. 5, 524, para 60). It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the implementation of GSMA with the implementation of Khan in order to further secure and provide greater efficiency (para 3).
2. GSMA and Khan disclose the method of claim 1, further comprising: receiving, by the non-native application process and via the user interface, a user input to present the provisioned digital credential; responsive to receiving the user input to present the provisioned digital credential: activating, by the non-native application process, an NFC controller of the user device; and causing, by the non-native application process, the secure element to transmit the digital credential via the NFC controller (GSMA, section 4.8 starting on page 10 and section 4.9 starting on page 12).
3. GSMA and Khan disclose the e method of claim 1, wherein the domain includes an applet associated with the second entity (GSMA, section 4.2, Applets).
4. GSMA and Khan disclose the method of claim 1, wherein the secure element executes the first script, and executing the first script comprises allocating storage for the domain on the secure element (GSMA, section 4.2, has space on UICC).
5. GSMA and Khan disclose the method of claim 4, wherein the secure element executes the second script, and executing the second script comprises provisioning the digital credential in the allocated storage on the secure element (Khan, para 60).
6. GSMA and Khan disclose the method of claim 1, wherein the secure element includes another domain and another digital credential stored in association with the other domain (Khan, fig. 4 and corresponding text).
7. GSMA and Khan disclose the method of claim 1, wherein the domain comprises a supplementary security domain (SSD) (GSMA, Section 1.3, SSD; Khan, fig. 4 and 5 and corresponding text).
8. GSMA and Khan disclose the method of claim 1, wherein the non-native application process is associated with the second entity (Khan, fig 5 and corresponding text).
Claims 9-20 are similar in scope to claims 1-8 and are rejected under similar rationale.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES R TURCHEN whose telephone number is (571)270-1378. The examiner can normally be reached Monday-Friday: 7-3.
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/JAMES R TURCHEN/ Primary Examiner, Art Unit 2439