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 .
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baldwin et al (US 2013/0124346) in view of Chatterton (US 2015/0063472).
For claim 1, Baldwin teaches a system of provisioning tokens and conducting transactions using the tokens (Figures 1-7), the system comprising:
a user device (600, Figures 6A and 6B), wherein the user device is configured to:
generate for display, on the user device (601), a plurality of pre-stored tokens for user selection (wherein a token is corresponds to transaction parameters and credentials, 684-685 and [20]);
receive a first user selection of a first token of the plurality of pre-stored tokens (as understood by examination of Figures 6A and 6B), wherein the first token comprises first confidential account information [20]);
a batteryless financial card (security token embodiment of Figure 4A), wherein the batteryless financial card is configured to:
establish a first wireless connection with an application on the user device (via NFC, [27]-[29] and Figure 3),
receive, via the first wireless connection, the first token while the batteryless financial card is being powered wirelessly by the first induction device (S362, Figure 3 and [27]);
establish a second wireless connection (S363-S363, Figure 3, S775-S776 of Figure 7) with a merchant terminal (730 of Figure 7, [40]), wherein the batteryless financial card is powered wirelessly by a second induction device at the merchant terminal (as required for NFC communication, as understood by [27]-[29] and Figures 3 and 7); and
transmit, via the second wireless connection, the first token to the merchant terminal while the batteryless financial card is being powered wirelessly by the second induction device (364 of Figure 3, S777 of Figure 7).
Baldwin fails to teach:
wherein the batteryless financial card is powered wirelessly by a first induction device separate from the user device.
It is noted that Baldwin’s invention is for use with mobile devices that have integrated NFC functionality (Figure 5B).
However, Chatterton teaches:
“a wireless communication system…may be configured to perform wireless communications using a first wireless technology (e.g., a Near Field Communications (NFC) wireless technology) for which a first wireless controller (e.g., an NFC wireless controller) is not included in the user device, and as such, the first wireless technology is not native to the user device. The wireless technology bridging systems and methods described herein provide for wireless communication between the user device and the wireless communication system of the merchant device by including each of a first technology wireless controller and a second technology wireless controller on a circuit board that is housed in a wireless technology bridging system chassis (e.g., a user device case, an adhesive chassis, etc.) that is configured to be coupled to the user device” [22]. The wireless technology bridging system can be attached to the mobile device (as illustrated in Figures 3 and 4) allowing for an NFC tag to interface with a mobile phone via Bluetooth Low Energy [46].
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to implement Baldwin’s security token method and apparatus using Chatterton’s wireless technology bridging system and a mobile phone that does not have integrated NFC functionality in order to allow for Baldwin’s invention to be compatible with mobile devices that do not have integrated NFC functionality.
The combination of Baldwin and Chatterton as cited above teaches:
a user device (600, Figures 6A and 6B), wherein the user device is configured to:
generate for display, on the user device (601), a plurality of pre-stored tokens for user selection (wherein a token is corresponds to transaction parameters and credentials, 684-685 and [20]);
receive a first user selection of a first token of the plurality of pre-stored tokens (as understood by examination of Figures 6A and 6B), wherein the first token comprises first confidential account information ([20]);
a batteryless financial card (security token embodiment of Figure 4A), wherein the batteryless financial card is configured to:
establish a first wireless connection with an application on the user device (from NFC security token to Chatterton’s Figure 2A to mobile device via BLE), wherein the batteryless financial card is powered wirelessly by a first induction device separate from the user device (NFC via Chatterton’s Figure 2A);
receive, via the first wireless connection, the first token while the batteryless financial card is being powered wirelessly by the first induction device (S362, Figure 3 and [27]);
establish a second wireless connection (from NFC security token to POS terminal via NFC, S363-S363, Figure 3, S775-S776 of Figure 7) with a merchant terminal (730 of Figure 7, [40]), wherein the batteryless financial card is powered wirelessly by a second induction device at the merchant terminal (136, Figure 1); and
transmit, via the second wireless connection, the first token to the merchant terminal while the batteryless financial card is being powered wirelessly by the second induction device (364 of Figure 3, S777 of Figure 7).
For claim 2, Baldwin teaches a method of provisioning tokens and conducting transactions using the tokens (Figures 1-7), comprising:
establishing, by a batteryless device (security token embodiment of Figure 4A), a first wireless connection with an application on a user device (NFC via 519 of Figure 5 and further illustrated in Figures 6A-6B);
receiving, via the first wireless connection, a token from the application while the batteryless device is being powered wirelessly by the first induction device (as understood by examination of Figures 6A and 6B), wherein the token comprises first confidential account information ([20]);
establishing, by the batteryless device, a second wireless connection (S363-S363, Figure 3, S775-S776 of Figure 7) with a merchant terminal (730 of Figure 7, [40]), wherein the batteryless device is powered wirelessly by a second induction device at the merchant terminal (136, Figure 1); and
transmitting, via the second wireless connection, the token to the merchant terminal while the batteryless device is being powered wirelessly by the second induction device (364 of Figure 3, S777 of Figure 7).
Baldwin fails to teach:
wherein the batteryless device is powered wirelessly by a first induction device separate from the user device.
It is noted that Baldwin’s invention is for use with mobile devices that have integrated NFC functionality (Figure 5B).
However, Chatterton teaches:
“a wireless communication system…may be configured to perform wireless communications using a first wireless technology (e.g., a Near Field Communications (NFC) wireless technology) for which a first wireless controller (e.g., an NFC wireless controller) is not included in the user device, and as such, the first wireless technology is not native to the user device. The wireless technology bridging systems and methods described herein provide for wireless communication between the user device and the wireless communication system of the merchant device by including each of a first technology wireless controller and a second technology wireless controller on a circuit board that is housed in a wireless technology bridging system chassis (e.g., a user device case, an adhesive chassis, etc.) that is configured to be coupled to the user device” [22]. The wireless technology bridging system can be attached to the mobile device (as illustrated in Figures 3 and 4) allowing for an NFC tag to interface with a mobile phone via Bluetooth Low Energy [46].
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to implement Baldwin’s security token method and apparatus using Chatterton’s wireless technology bridging system and a mobile phone that does not have integrated NFC functionality in order to allow for Baldwin’s invention to be compatible with mobile devices that do not have integrated NFC functionality.
The combination of Baldwin and Chatterton as cited above teaches:
establishing, by the batteryless device, a first wireless connection with an application on the user device (from NFC security token to Chatterton’s Figure 2A to mobile device via BLE), wherein the batteryless financial card is powered wirelessly by a first induction device separate from the user device (NFC via 208 and 212, Chatterton’s Figure 2A);
For claim 3, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
transmitting a first message to the user device (S772, Figure 7); and
receiving a second message from the user device (S771, Figure 7).
Baldwin fails to explicitly teach that the first and second messages are encrypted.
However, Examiner takes official notice that it is notoriously old and well known for financial communications between a server and a user device to be encrypted.
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to encrypt Baldwin’s communications illustrated in Figure 7 to prevent data leaks.
For claim 4, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
establishing the second wireless connection further comprises:
transmitting a third encrypted message to the merchant terminal (S775); and
receiving a fourth encrypted message from the merchant terminal (S776).
Baldwin fails to explicitly teach that the third and fourth messages are encrypted.
However, Examiner takes official notice that it is notoriously old and well known for financial communications between a server and a user device to be encrypted.
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to encrypt Baldwin’s communications illustrated in Figure 7 to prevent data leaks.
For claim 5, Baldwin in view of Chatterton teaches the limitations of claim 2 and but fails to teach encryption as claimed.
However, Examiner takes official notice that it is notoriously old and well known for financial communications between a server and a user device to be encrypted.
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to encrypt Baldwin’s communications illustrated in Figure 7 to prevent data leaks.
For claim 6, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
the merchant terminal transmits the token to a remote server (742) for verification (S778-S779, Figure 7).
For claim 7, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
transmitting, via the second wireless connection, the token to the merchant terminal comprises using a cyclic redundancy check on packets transmitting the token ([41]).
For claim 8, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
the first wireless connection uses a predetermined frequency band (corresponding to NFC frequency band).
For claim 9, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
storing the token on the batteryless device (S773 of Figure 7, [40]).
For claim 10, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
storing the token in a secure element on the batteryless device (memory within NFC chip, Figure 4A and [30]).
For claim 11, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
deleting the token from the batteryless device after transmitting the token to the merchant terminal (e.g., performing a transaction outside of a geo-fence, [22]).
For claim 12, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
using an indicator interface of the batteryless device, an indication of an operating status of the batteryless device (e.g., indication of unauthorized POS terminal or transaction outside of geo-fence, [22]).
For claims 13 and 15-16, the combination of Baldwin and Chatterton teaches that the first wireless connection comprises both NFC and BLE (see rejection of claim 2 above) and the second wireless connection comprises NFC (see rejection of claim 2 above).
For claim 14, Baldwin in view of Chatterton teaches the limitations of claim 2 but fails to teach that the second wireless connection comprises a BLE connection.
However, as cited in claim 2 above, Chatterton teaches an interface circuit between NFC and BLE devices.
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to use Chatterton’s interface circuit at a merchant terminal in order to support NFC payments on devices which do not have NFC functionality.
For claim 17, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
the first confidential account information comprises an account number ([20]).
For claim 18, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
the first confidential account information comprises an account password ([24]).
For claim 19, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
the token is a unique digital identifier corresponding to the first confidential account information.
Baldwin fails to teach encoding as claimed.
However, Examiner takes official notice that it is notoriously old and well known for wireless communications to be encoded (e.g., NFC Data Exchange Format).
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to encode Baldwin’s digital token data to ensure compatibility with other NFC devices.
For claim 20, Baldwin in view of Chatterton teaches the limitations of claim 2 and Baldwin further teaches:
the first confidential account information comprises a credential ([24]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wallner (US 2016/0247138) teaches a detachable electronic payment device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL CALRISSIAN PUENTES whose telephone number is (571)270-5070. The examiner can normally be reached M-F 9-6:30 (flex).
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, Taelor Kim can be reached at (571) 270-7166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL C PUENTES/Primary Examiner, Art Unit 2836
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