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 .
1. This is in response to the communications filed on 28 April 2025.
2. Claims 1-20 are pending in the application.
3. Claims 1-20 have been rejected.
Information Disclosure Statement
4. The examiner has considered the information disclosure statement (IDS) filed on 28 April 2025.
Double Patenting
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.
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5. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,288,219 B1 (hereinafter the ‘219 patent). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are anticipated by the earlier filed claims of the ‘219 patent in that the claims of the ‘219 patent contain all of the limitations of the instant application. Claims 1-20 of the instant application therefore are not patentably distinct from the earlier filed claims of the ‘219 patent, and as such, are unpatentable for obvious-type double patenting.
As to claim 1, the ‘219 patent discloses one or more non-transitory, computer readable media including instructions stored thereon that, when executed by processing circuitry, are configured to cause the processing circuitry to:
receive, from a customer interface device (CID) of a customer, without presenting an authentication query to the CID, and without receiving an authentication query response from the CID, a customer communication indicative of a request for assistance [column 13, lines 18-22];
extract, from the customer communication, first authentication data corresponding to the customer [column 13, lines 23-24];
determine, based on the first authentication data (i.e. based on a first comparison between the first authentication data and the first registered data), an outcome of a first security challenge [column 13, lines 30-32];
determine, from a plurality of security level categories, a first security level category associated with the first security challenge [column 13, lines 33-35];
select, from the plurality of security level categories and based on the first security level category of the first security challenge (i.e. passing of the first security challenge) and the outcome of the first security challenge, a second security level category for a second security challenge [column 13, lines 36-42];
receive, from the CID, a customer input having second authentication data [column 13, lines 46-47]; and
determine, based on the second authentication data (i.e. based on a second comparison between the second registered data and the second authentication data), a second outcome of the second security challenge [column 13, lines 48-51].
As to claim 2, the ‘219 patent discloses the one or more non-transitory, computer readable media of claim 1, wherein the instructions, when executed by the processing circuitry, are configured to cause the processing circuitry to determine, from the plurality of security level categories, based on the second security level category, and based on the second outcome of the second security challenge, a third security level category associated with a third security challenge [column 13, lines 52-59].
As to claim 3, the ‘219 patent discloses the one or more non-transitory, computer readable media of claim 2, wherein the instructions, when executed by the processing circuitry, are configured to cause the processing circuitry to select, as the third security level category and in response to determining that the second outcome of the second security challenge corresponds to a failure of the second security challenge, a highest security level category of the plurality of security level categories [column 13, lines 60-67].
As to claim 4, the ‘219 patent discloses the one or more non-transitory, computer readable media of claim 1, wherein the instructions, when executed by the processing circuitry, are configured to cause the processing circuitry to confirm, in response to determining that the second outcome of the second security challenge corresponds to a passing of the second security challenge, authentication of the CID or the customer corresponding to the CID [column 14, lines 1-10].
As to claim 5, the ‘219 patent discloses the one or more non-transitory, computer readable media of claim 1, wherein the instructions, when executed by the processing circuitry, are configured to cause the processing circuitry to:
generate, based on the customer communication, a pre-filled form having form data related to the request for assistance [column 14, lines 15-17];
transmit the pre-filled form to a customer service representative device [column 14, lines 18-19]; and
establish a customer service connection between the customer service representative device and the CID [column 14, lines 20-21].
As to claim 6, the ‘219 patent discloses the one or more non-transitory, computer readable media of claim 1, wherein the first authentication data includes a phone number, an IP address, or a location [column 14, lines 22-24].
As to claim 7, the ‘219 patent discloses the one or more non-transitory, computer readable media of claim 1, wherein the first authentication data includes at least two of a phone number, an IP address, or a location [column 14, lines 25-28].
As to claim 8, the ‘219 patent discloses the one or more non-transitory, computer readable media of claim 1, wherein the first authentication data includes a phone number, an IP address, and a location [column 14, lines 29-31].
As to claim 9, the ‘219 patent discloses a system, comprising:
a database storing customer account data [column 14, lines 33-34]; and
processing circuitry configured to:
receive, from a customer interface device (CID) of a customer, without presenting an authentication query to the CID, and without receiving an authentication query response from the CID, a customer communication indicating a request for assistance [column 14, lines 36-40];
extract, from the customer communication, first authentication data corresponding to the customer [column 14, lines 41-42];
determine, based on the first authentication data and the customer account data (i.e. based on a first comparison between the first authentication data and the first registered data), an outcome of a first security challenge [column 14, lines 49-51];
determine, from a plurality of security level categories, a first security level category associated with the first security challenge [column 14, lines 52-54];
select, from the plurality of security level categories and based on the first security level category of the first security challenge and the outcome of the first security challenge (i.e. passing of the first security challenge), a second security level category for a second security challenge [column 14, lines 55-62];
receive, from the CID, a customer input having second authentication data [column 14, lines 66-67]; and
determine, based on the second authentication data and the customer account data (i.e. based on a second comparison between the second registered data and the second authentication data), a second outcome of the second security challenge [column 15, lines 1-4].
As to claim 10, the ‘219 patent discloses the system of claim 9, wherein the processing circuitry is configured to confirm, in response to the second outcome of the second security challenge corresponding to an a passing of the second security challenge, authentication of the CID or a customer associated with the CID [column 15, lines 5-10].
As to claim 11, the ‘219 patent discloses the system of claim 9, wherein the processing circuitry is configured to select, from the plurality of security level categories and in response to the first outcome of the first security challenge corresponding to a failure of the first security challenge, the second security level category for the second security challenge and corresponding to a higher security level category than the first security level category [column 15, lines 11-17].
As to claim 12, the ‘219 patent discloses the system of claim 9, wherein the processing circuitry is configured to decline, in response to the second outcome of the second security challenge corresponding to a failure of the second security challenge, authentication of the CID or a customer associated with the CID [column 15, lines 18-22].
As to claim 13, the ‘219 patent discloses the system of claim 9, processing circuitry configured to:
generate, based on the customer communication, a pre-filled form having form data related to the request for assistance [column 15, lines 25-27];
transmit the pre-filled form to a customer service representative device [column 15, lines 28-29]; and
establish a customer service connection between the customer service representative device and the CID [column 15, lines 30-31].
As to claim 14, the ‘219 patent discloses a computer-implemented method, comprising:
receiving, via processing circuitry, from a customer interface device (CID) of a customer, without presenting an authentication query to the CID, and without receiving an authentication query response from the CID, a customer communication indicating a request for assistance [column 15, lines 33-38];
extracting, via the processing circuitry and from the customer communication, first authentication data corresponding to the customer [column 15, lines 39-41];
determining, via the processing circuitry and based on the first authentication data (i.e. based on a first comparison between the first authentication data and the first registered data), an outcome of a first security challenge [column 16, lines 4-7];
determine, via the processing circuitry and from a plurality of security level categories, a first security level category associated with the first security challenge [column 16, lines 8-10];
selecting, via the processing circuitry, from the plurality of security level categories, and based on the first security level category of the first security challenge and the outcome of the first security challenge (i.e. passing of the first security challenge), a second security level category for a second security challenge [column 16, lines 11-16];
receiving, via the processing circuitry and from the CID, a customer input having second authentication data [column 16, lines 20-22]; and
determining, based on the second authentication data (i.e. based on a second comparison between the second registered data and the second authentication data), a second outcome of the second security challenge [column 16, lines 23-26].
As to claim 15, the ‘219 patent discloses the computer-implemented method of claim 14, comprising confirming, in response to a second outcome of the second security challenge corresponding to a passing of the second security challenge, authentication of the CID or the customer associated with the CID [column 16, lines 27-31].
As to claim 16, the ‘219 patent discloses the computer-implemented method of claim 14, comprising:
generating, via the processing circuitry and based on the customer communication, a pre-filled form having form data related to the request for assistance [column 16, lines 34-36];
transmitting, via the processing circuitry, the pre-filled form to a customer service representative device [column 16, lines 37-39]; and
establishing, via the processing circuitry, a customer service connection between the customer service representative device and the CID [column 16, lines 40-41].
As to claim 17, the ‘219 patent discloses the computer-implemented method of claim 16, wherein the customer service connection includes a phone call, a web-based chat, or a text message [column 16, lines 42-44].
As to claim 18, the ‘219 patent discloses the computer-implemented method of claim 14, wherein the first authentication data includes a phone number, an IP address, or a location [column 14, lines 22-24].
As to claim 19, the ‘219 patent discloses the computer-implemented method of claim 14, wherein the first authentication data includes at least two of a phone number, an IP address, or a location [column 14, lines 25-28].
As to claim 20, the ‘219 patent discloses the computer-implemented method of claim 14, wherein the first authentication data includes a phone number, an IP address, and a location [column 14, lines 29-31].
Allowable Subject Matter
6. Claims 1-20 are allowed over the prior art.
The following is an examiner’s statement of reasons for allowance:
The closest prior art to the instant application are Li et al US 2014/0259130 A1 (hereinafter Li), Chamness et al U.S. Patent No. 10,380,515 B1 (hereinafter Chamness) and Shepard et al US 2010/0229223 A1 (hereinafter Shepard). Li is directed towards authentication utilizing contextual data to authenticate individuals and prevent security breaches [abstract]. Li teaches an interface for receiving one or more user credentials [0016]. Li teaches evaluating a user’s answer of a first security challenge [0035]. Li teaches determining a first security level category for a first challenge based on a different difficulty level [0028]. Chamness is directed towards receiving information associated with a request for support that includes receiving a request for customer support including geo-location data generated and included automatically in the request and using the geo-location data to retrieve information associated with the request [abstract]. Chamness teaches a request for support [column 11, lines 34-37]. Chamness teaches geo-location data included in the request and support technician based on the location is determined [column 11, lines 38-58]. Shepard is directed towards a social CAPTCHA that is presented to authenticate a member of a social network [abstract]. Shepard teaches selecting a security challenge corresponding to a higher level category than the first security level category by presenting a difficult CAPTCHA [0039]. However, the applicant has incorporated allowable features of “receive, from a customer interface device (CID) of a customer, without presenting an authentication query to the CID, and without receiving an authentication query response from the CID, a customer communication indicative of a request for assistance”, “extract, from the customer communication, first authentication data corresponding to the customer”, “receive, from the CID, a customer input having second authentication data” and “determine, based on the second authentication data, a second outcome of the second security challenge”, as presented in claims 1, 9 and 14.
Any claims not directly addressed have been allowed on the virtue of their dependency.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Relevant Prior Art
7. The following references have been considered relevant by the examiner:
A. Yu et al US 2021/0092105 A1 directed to systems and methods, including but not limited to systems and methods for credential control among a plurality of client devices [0001].
B. Toth et al US 2020/0184049 A1 directed to processing authentication requests to secured information systems based on machine-learned event profiles [abstract].
C. Bonnell et al US 2017/0187701 A1 directed to resetting a digital credential within a digital credential based authentication system [abstract].
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARAVIND K MOORTHY whose telephone number is (571)272-3793. The examiner can normally be reached M-F 4:30-3:00.
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/ARAVIND K MOORTHY/ Primary Examiner, Art Unit 2407
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