Prosecution Insights
Last updated: October 02, 2026
Application No. 19/202,221

SYSTEMS AND METHODS FOR DEVICE BINDING AUTHENTICATION

Non-Final OA §DP
Filed
May 08, 2025
Priority
Mar 08, 2023 — continuation of 12/335,256
Examiner
TRAN, VU V
Art Unit
Tech Center
Assignee
Capital One Services LLC
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
365 granted / 406 resolved
+29.9% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
10 currently pending
Career history
413
Total Applications
across all art units

Statute-Specific Performance

§101
10.9%
-29.1% vs TC avg
§103
49.4%
+9.4% vs TC avg
§102
15.2%
-24.8% vs TC avg
§112
14.8%
-25.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 406 resolved cases

Office Action

§DP
DETAILED ACTION This Office Action is in response to application 18/541,533 filed on March 26, 2023. 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 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. Claims 1-20 are pending and herein considered. 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 . 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. 19/202221 Patent 12182609 21. (New) A non-transitory computer-accessible medium comprising instructions for execution by a computer hardware arrangement, wherein, upon execution of the instructions, the computer hardware arrangement performs procedures comprising:receiving, from a contactless card, an authentication message associated with a user authentication request, wherein the authentication message provides raw image data associated with an image;rendering the image associated with the raw image data to generate rendered image data;generating an image hash identifier from the rendered image data, the image hash identifier corresponding to the user authentication request;mapping the image hash identifier to provide binding with the authentication message;comparing the image hash identifier to one or more stored hash identifiers; andverifying a mobile device based on determining a match between the image hash identifier and the one or more stored hash identifiers. A method for enhancing one time password (OTP) card authentication with GPU-based device binding, the method comprising: receiving an authentication message, via a near field communication (NFC) transmission, by a mobile device from a contactless card, the authentication message, corresponding to a user authentication request, being operative to provide raw image data associated with an image, to a mobile browser running on the mobile device; rendering, by the mobile browser, the image associated with raw image data, using a web graphics library (WebGL) application programming interface (API);generating an image hash identifier, from rendered image data generated by the mobile browser, using the WebGL API, the image hash identifier corresponding to the user authentication request;mapping the image hash identifier with a graphics processing unit (GPU) associated with the mobile device, for binding the mobile device to the authentication message provided by the NFC transmission from the contactless card; comparing, by an authentication server, the image hash identifier received from the mobile device, to one or more previously stored hash identifiers associated with one or more previous user authentication requests; and verifying, by the authentication server, the mobile device based on determining a match between the image hash identifier received from the mobile device in response to 22. (New) The non-transitory computer-accessible medium of claim 21, wherein rendering the image associated with the raw image data uses a web graphics library (WebGL) application programming interface (API). A method for enhancing one time password (OTP) card authentication with GPU-based device binding, the method comprising :receiving an authentication message, via a near field communication (NFC) transmission, by a mobile device from a contactless card, the authentication message, corresponding to a user authentication request, being operative to provide raw image data associated with an image, to a mobile browser running on the mobile device; rendering, by the mobile browser, the image associated with raw image data, using a web graphics library (WebGL) application programming interface (API);generating an image hash identifier, from rendered image data generated by the mobile browser, using the WebGL API, the image hash identifier corresponding to the user authentication request ;mapping the image hash identifier with a graphics processing unit (GPU) associated with the mobile device, for binding the mobile device to the authentication message provided by the NFC transmission from the contactless card; comparing, by an authentication server, the image hash identifier received from the mobile device, to one or more previously stored hash identifiers associated with one or more previous user authentication requests; and verifying, by the authentication server, the mobile device based on determining a match between the image hash identifier received from the mobile device in response to 23. (New) The non-transitory computer-accessible medium of claim 21, wherein mapping the image hash identifier is performed with a graphics processing unit (GPU) associated with the mobile device. Claims 21-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 the following U.S. Patent. U.S. Patent No.12325256, which is directed towards providing to systems and methods for Cyber security and in an embodiment use of Artificial Intelligence in cyber security involving wireless data transmissions. other because the claim limitations are either anticipated by the claims of the issued patents, or are otherwise obvious variations. Related Art The following prior art made of record and cited on PTO-892, but not relied upon, is considered pertinent to applicant’s disclosure: U.S. Pub. Number 2018/0091309 A1, to Misoczki-Misoczki teaches hash signature control logic is to retrieve a first nonce, to concatenate the first nonce and a message to be transmitted and to determine whether a first message representative satisfies a target threshold. The signer signature logic is to generate a first transmitted signature based, at least in part, on the first message representative, if the first message representative satisfies the target threshold. The hash signature control logic is to retrieve a second nonce, concatenate the second nonce and the message to be transmitted and to determine whether a second message representative satisfies the target threshold. U.S. Pub. Number 2014/0298038 A1 to Gauravaram-Gauravaram teaches a random value for randomizing the message may be obtained based on a randomization criterion. The randomization criterion may define whether random value generated for a signature algorithm can be used or a different one is to be generated. /VU V TRAN/Primary Examiner, Art Unit 2491
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Prosecution Timeline

May 08, 2025
Application Filed
Aug 12, 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
90%
Grant Probability
99%
With Interview (+16.7%)
2y 2m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 406 resolved cases by this examiner. Grant probability derived from career allowance rate.

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