DETAILED ACTION
This non-final Office Action is in response to applicants’ filing on 05/14/2025. Claims 1-20 are currently pending and have been considered as follows.
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 .
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.
Drawings
The drawings filed on 05/14/2025 are accepted.
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.
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.
Parent Patent No. 11,924,646 B2
Claims 1, 7, 9, 15, 17, and 20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over Claims 4-8 and 12-16 of parent U.S. Patent No. 11,924,646 B2 (common inventive entity and assignee). Although the conflicting claims are not identical, they are not patentably distinct from each other because the instant application Claims 1, 7, 9, 15, 17, and 20 are an obvious variation of Claims 4-8 and 12-16 of the parent patent in view of the prior art reference Basavapatna et al. (US 20200344257 A1). All the elements of Claims 1, 7, 9, 15, 17, and 20 of the instant application are found within the scope of Claims 4-8 and 12-16 of parent U.S. Patent No. 11,924,646 B2 except for the features of “presenting the connection risk score via a user interface of the mobile device as a color-coded visual indicator” [Claims 1, 9] and “present the connection risk score via a user interface of the mobile device as a color-coded visual indicator” [Claim 17].
However, the analogous prior art Basavapatna does disclose presenting the connection risk score via a user interface of the mobile device as a color-coded visual indicator (e.g. Basavapatna FIG. 6 ref. no. 625a-d; “one or more status indicators (e.g., such as color-coded status indicators such as 625a-d) can be presented in the GUI 605 to indicate the determined trustworthiness of and/or confidence in the assessments of the wireless access points” [0062]; “status indicators 625a-d can be color-coded, for instance, adopting a traffic light pattern, with a green indicator (e.g., 625a) suggesting that a particular wireless access point (e.g., 610a) is trustworthy, a yellow indicator (e.g., 625c) suggesting that the trustworthiness of a wireless access point (e.g., 610c) is in question (e.g., 610c because too few, contradictory, or no assessments have been performed on the wireless access point), or a red indicator (e.g., 625b, 625d) suggesting that the trustworthiness of a wireless access point is unacceptably low or in doubt. Determining which of the three color-coded status indicators to assign a wireless access point can be based on a risk assessment score for the wireless access point exceeding one or more thresholds” [0063]; [0064]).
It would have been an obvious modification to the invention of Claims 4-8 and 12-16 of parent U.S. Patent No. 11,924,646 B2 to include “presenting the connection risk score via a user interface of the mobile device as a color-coded visual indicator (as taught by Basavapatna) for the purpose of assisting users in understanding risks confronting users devices by indicating the determined trustworthiness of and/or confidence in the assessments of the wireless access points (Basavapatna [0062]).
Therefore, the invention as specified in the instant application Claims 1, 7, 9, 15, 17, and 20 is not patentably distinct from Claims 4-8 and 12-16 of parent U.S. Patent No. 11,924,646 B2 in view of Basavapatna.
Claims Comparison Table
Instant Application:
19/208,251
U.S. Patent No. 11,924,646 B2
(common inventive entity and assignee)
Claim 1:
A system comprising:
one or more processors; and a memory device storing computer-executable instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising:
receiving, from a mobile device of a consumer initiating a payment transaction, a request for a Wi-Fi network risk assessment associated with a Wi-Fi network connection of the mobile device;
retrieving, from the mobile device, connection-related data associated with the Wi- Fi network connection and one or more other detected Wi-Fi networks;
performing a Wi-Fi risk assessment of the Wi-Fi network connection, including generating:
a security factor for the Wi-Fi network connection, a channel frequency factor for the Wi-Fi network connection, and a social media factor for the Wi-Fi network connection;
generating a connection risk score based upon the security factor, the channel frequency factor, and the social media factor;
presenting the connection risk score via a user interface of the mobile device as a color-coded visual indicator; and
transmitting the connection risk score to an issuer server associated with a payment account of the consumer before executing the payment transaction.
Claim 4:
A system comprising:
a memory device; and
a processor communicatively coupled to the memory device, the memory device storing computer-executable instructions, that when executed by the processor, cause the processor to perform operations comprising: receiving, from a mobile device of a consumer, a Wi-Fi network risk assessment request, the Wi-Fi network risk assessment request associated with a Wi-Fi network connection of the mobile device;
upon receiving the Wi-Fi network risk assessment request, retrieving a plurality of connection-related data from the mobile device, the connection-related data being associated with the Wi-Fi network connection and one or more other Wi-Fi networks in range of the mobile device;
performing a Wi-Fi risk assessment of the Wi-Fi network connection based on the connection-related data; transmitting a result of the Wi-Fi risk assessment to the mobile device for presentation via a user interface of the mobile device;
transmitting the result of the Wi-Fi risk assessment to an issuer server, the issuer server being associated with a payment account of the consumer; and based on the result exceeding a predetermined threshold value, transmitting a step-up authentication alert to the issuer server; said operation of performing the Wi-Fi risk assessment comprising: identifying a MAC address of a wireless modem/router associated with the Wi-Fi network connection of the mobile device; identifying an SSID associated with the Wi-Fi network connection; identifying one or more other SSIDs associated with one or more other Wi-Fi networks in range of the mobile device; and based on the identified SSIDs, generating an SSID factor for the Wi-Fi network connection.
Claim 5:
The system in accordance with claim 4, said operation of performing the Wi-Fi risk assessment further comprising: determining a respective Wi-Fi security parameter for each of the Wi-Fi network connection and the one or more other Wi-Fi networks; based on the Wi-Fi security parameters, generating a security factor for the Wi-Fi network connection; determining a respective channel frequency for each of the Wi-Fi network connection and the one or more other Wi-Fi networks; and based on the respective channel frequencies, generating a channel frequency factor for the Wi-Fi network connection.
Claim 6:
The system in accordance with claim 5, said operation of performing the Wi-Fi risk assessment further comprising: retrieving a plurality of social media service logs from one or more data sources; filtering the plurality of social media service logs by the MAC address of the wireless modem/router; analyzing the logs based on SSID, Wi-Fi security parameter, and channel frequency to identify one or more changes and inconsistencies between the plurality of social media service logs and the Wi-Fi network connection; and generating a social media factor for the Wi-Fi network connection.
Claim 8:
The system in accordance with claim 7, said operation of performing the Wi-Fi risk assessment further comprising: combining the SSD factor, the security factor, the channel frequency factor, the social media factor, and the connection status factor based on one or more default scoring rules; and generating a connection risk score based on the combining, the connection risk score being indicative of the result of the Wi-Fi risk assessment.
Claim 7:
The system of claim 1, the operation of generating the social media factor further comprises: identifying an SSID of the Wi-Fi network connection; determining a Wi-Fi security parameter of the Wi-Fi network connection; determining a channel frequency of the Wi-Fi network connection; identifying a MAC address of a wireless modem/router associated with the Wi-Fi network connection; retrieving one or more social media service logs from one or more data sources; filtering the one or more social media service logs by the MAC address; analyzing the one or more social media service logs based on the SSID, Wi-Fi security parameter, and channel frequency; and identifying one or more changes and inconsistencies between the one or more social media service logs and the Wi-Fi network connection.
Claim 1:
… identifying a MAC address of a wireless modem/router associated with the Wi-Fi network connection… identifying an SSID associated with the Wi-Fi network connection
Claim 5:
The system in accordance with claim 4, said operation of performing the Wi-Fi risk assessment further comprising: determining a respective Wi-Fi security parameter for each of the Wi-Fi network connection and the one or more other Wi-Fi networks; based on the Wi-Fi security parameters, generating a security factor for the Wi-Fi network connection; determining a respective channel frequency for each of the Wi-Fi network connection…
Claim 6:
The system in accordance with claim 5, said operation of performing the Wi-Fi risk assessment further comprising: retrieving a plurality of social media service logs from one or more data sources; filtering the plurality of social media service logs by the MAC address of the wireless modem/router; analyzing the logs based on SSID, Wi-Fi security parameter, and channel frequency to identify one or more changes and inconsistencies between the plurality of social media service logs and the Wi-Fi network connection; and generating a social media factor for the Wi-Fi network connection.
Claim 9:
A method comprising:
receiving, from a mobile device of a consumer initiating a payment transaction, a request for a Wi-Fi network risk assessment associated with a Wi-Fi network connection of the mobile device; retrieving, from the mobile device, connection-related data associated with the Wi-Fi network connection and one or more other detected Wi-Fi networks; performing a Wi-Fi risk assessment of the Wi-Fi network connection, including generating:
a security factor for the Wi-Fi network connection, a channel frequency factor for the Wi-Fi network connection, and a social media factor for the Wi-Fi network connection;
generating a connection risk score based upon the security factor, the channel frequency factor, and the social media factor;
presenting the connection risk score via a user interface of the mobile device as a color-coded visual indicator; and
transmitting the connection risk score to an issuer server associated with a payment account of the consumer before executing the payment transaction.
Claim 12:
A method comprising:
receiving, from a mobile device of a consumer, a Wi-Fi network risk assessment request, the Wi-Fi network risk assessment request associated with a Wi-Fi network connection of the mobile device;
upon receiving the Wi-Fi network risk assessment request, retrieving a plurality of connection-related data from the mobile device, the connection-related data being associated with the Wi-Fi network connection;
performing a Wi-Fi risk assessment of the Wi-Fi network connection based on the connection-related data;
transmitting a result of the Wi-Fi risk assessment to the mobile device for presentation via a user interface of the mobile device;
transmitting the result of the Wi-Fi risk assessment to an issuer server, the issuer server being associated with a payment account of the consumer;
based on the result exceeding a predetermined threshold value, transmitting a step-up authentication alert to the issuer server, wherein said operation of performing the Wi-Fi risk assessment further comprises:
identifying a MAC address of a wireless modem/router associated with the Wi-Fi network connection of the mobile device; identifying an SSID associated with the Wi-Fi network connection;
identifying one or more other SSIDs associated with one or more other Wi-Fi networks in range of the mobile device; and based on the identified SSIDs, generating an SSID factor for the Wi-Fi network connection.
Claim 13:
The method in accordance with claim 12, wherein said operation of performing the Wi-Fi risk assessment further comprises: determining a respective Wi-Fi security parameter for each of the Wi-Fi network connection and the one or more other Wi-Fi networks; based on the Wi-Fi security parameters, generating a security factor for the Wi-Fi network connection; determining a respective channel frequency for each of the Wi-Fi network connection and the one or more other Wi-Fi networks; and based on the respective channel frequencies, generating a channel frequency factor for the Wi-Fi network connection.
Claim 14:
The method in accordance with claim 13, wherein said operation of performing the Wi-Fi risk assessment further comprises: retrieving a plurality of social media service logs from one or more data sources; filtering the plurality of social media service logs by the MAC address of the wireless modem/router; analyzing the logs based on SSID, Wi-Fi security parameter, and channel frequency to identify one or more changes and inconsistencies between the plurality of social media service logs and the Wi-Fi network connection; and generating a social media factor for the Wi-Fi network connection.
Claim 16:
The method in accordance with claim 15, said operation of performing the Wi-Fi risk assessment further comprises: combining the SSID factor, the security factor, the channel frequency factor, the social media factor, and the connection status factor based on one or more default scoring rules; and generating a connection risk score based on the combining, the connection risk score being indicative of the result of the Wi-Fi risk assessment.
Claim 15:
The method of The method of the operation of generating the social media factor further comprises: identifying an SSID of the Wi-Fi network connection; determining a Wi-Fi security parameter of the Wi-Fi network connection; determining a channel frequency of the Wi-Fi network connection; identifying a MAC address of a wireless modem/router associated with the Wi-Fi network connection; retrieving one or more social media service logs from one or more data sources; filtering the one or more social media service logs by the MAC address; analyzing the one or more social media service logs based on the SSID, Wi-Fi security parameter, and channel frequency; and identifying one or more changes and inconsistencies between the one or more social media service logs and the Wi-Fi network connection.
Claim 12:
…identifying a MAC address of a wireless modem/router associated with the Wi-Fi network connection of the mobile device; identifying an SSID associated with the Wi-Fi network connection…
Claim 13:
… determining a respective Wi-Fi security parameter for each of the Wi-Fi network connection… determining a respective channel frequency for each of the Wi-Fi network connection…
Claim 14:
The method in accordance with claim 13, wherein said operation of performing the Wi-Fi risk assessment further comprises: retrieving a plurality of social media service logs from one or more data sources; filtering the plurality of social media service logs by the MAC address of the wireless modem/router; analyzing the logs based on SSID, Wi-Fi security parameter, and channel frequency to identify one or more changes and inconsistencies between the plurality of social media service logs and the Wi-Fi network connection; and generating a social media factor for the Wi-Fi network connection.
Claim 17:
A non-transitory computer-readable storage media having computer- executable instructions stored thereon, wherein when executed by one or more processors, the computer-executable instructions cause the one or more processors to:
receive, from a mobile device of a consumer initiating a payment transaction, a request for a Wi-Fi network risk assessment associated with a Wi-Fi network connection of the mobile device; retrieve, from the mobile device, connection-related data associated with the Wi-Fi network connection and one or more other detected Wi-Fi networks; perform a Wi-Fi risk assessment of the Wi-Fi network connection, including generating:
a security factor for the Wi-Fi network connection, a channel frequency factor for the Wi-Fi network connection, and
a social media factor for the Wi-Fi network connection;
generate a connection risk score based upon the security factor, the channel frequency factor, and the social media factor; present the connection risk score via a user interface of the mobile device as a color-coded visual indicator; and transmit the connection risk score to an issuer server associated with a payment account of the consumer before executing the payment transaction.
Claim 4:
A system comprising:
a memory device; and
a processor communicatively coupled to the memory device, the memory device storing computer-executable instructions, that when executed by the processor, cause the processor to perform operations comprising: receiving, from a mobile device of a consumer, a Wi-Fi network risk assessment request, the Wi-Fi network risk assessment request associated with a Wi-Fi network connection of the mobile device;
upon receiving the Wi-Fi network risk assessment request, retrieving a plurality of connection-related data from the mobile device, the connection-related data being associated with the Wi-Fi network connection and one or more other Wi-Fi networks in range of the mobile device;
performing a Wi-Fi risk assessment of the Wi-Fi network connection based on the connection-related data; transmitting a result of the Wi-Fi risk assessment to the mobile device for presentation via a user interface of the mobile device; transmitting the result of the Wi-Fi risk assessment to an issuer server, the issuer server being associated with a payment account of the consumer; and based on the result exceeding a predetermined threshold value, transmitting a step-up authentication alert to the issuer server; said operation of performing the Wi-Fi risk assessment comprising: identifying a MAC address of a wireless modem/router associated with the Wi-Fi network connection of the mobile device; identifying an SSID associated with the Wi-Fi network connection; identifying one or more other SSIDs associated with one or more other Wi-Fi networks in range of the mobile device; and based on the identified SSIDs, generating an SSID factor for the Wi-Fi network connection.
Claim 5:
The system in accordance with claim 4, said operation of performing the Wi-Fi risk assessment further comprising: determining a respective Wi-Fi security parameter for each of the Wi-Fi network connection and the one or more other Wi-Fi networks; based on the Wi-Fi security parameters, generating a security factor for the Wi-Fi network connection; determining a respective channel frequency for each of the Wi-Fi network connection and the one or more other Wi-Fi networks; and based on the respective channel frequencies, generating a channel frequency factor for the Wi-Fi network connection.
Claim 6:
The system in accordance with claim 5, said operation of performing the Wi-Fi risk assessment further comprising: retrieving a plurality of social media service logs from one or more data sources; filtering the plurality of social media service logs by the MAC address of the wireless modem/router; analyzing the logs based on SSID, Wi-Fi security parameter, and channel frequency to identify one or more changes and inconsistencies between the plurality of social media service logs and the Wi-Fi network connection; and generating a social media factor for the Wi-Fi network connection.
Claim 8:
The system in accordance with claim 7, said operation of performing the Wi-Fi risk assessment further comprising: combining the SSD factor, the security factor, the channel frequency factor, the social media factor, and the connection status factor based on one or more default scoring rules; and generating a connection risk score based on the combining, the connection risk score being indicative of the result of the Wi-Fi risk assessment.
Claim 20:
The non-transitory computer-readable storage media of The non-transitory computer-readable storage media of the computer-executable instructions to generate the social media factor, when executed by the one or more processors, further cause the one or more processors to: identify an SSID of the Wi-Fi network connection; determine a Wi-Fi security parameter of the Wi-Fi network connection; determine a channel frequency of the Wi-Fi network connection; identify a MAC address of a wireless modem/router associated with the Wi-Fi network connection; retrieve one or more social media service logs from one or more data sources; filter the one or more social media service logs by the MAC address; analyze the one or more social media service logs based on the SSID, Wi-Fi security parameter, and channel frequency; and identify one or more changes and inconsistencies between the one or more social media service logs and the Wi-Fi network connection.
Claim 1:
… identifying a MAC address of a wireless modem/router associated with the Wi-Fi network connection… identifying an SSID associated with the Wi-Fi network connection
Claim 5:
The system in accordance with claim 4, said operation of performing the Wi-Fi risk assessment further comprising: determining a respective Wi-Fi security parameter for each of the Wi-Fi network connection and the one or more other Wi-Fi networks; based on the Wi-Fi security parameters, generating a security factor for the Wi-Fi network connection; determining a respective channel frequency for each of the Wi-Fi network connection…
Claim 6:
The system in accordance with claim 5, said operation of performing the Wi-Fi risk assessment further comprising: retrieving a plurality of social media service logs from one or more data sources; filtering the plurality of social media service logs by the MAC address of the wireless modem/router; analyzing the logs based on SSID, Wi-Fi security parameter, and channel frequency to identify one or more changes and inconsistencies between the plurality of social media service logs and the Wi-Fi network connection; and generating a social media factor for the Wi-Fi network connection.
Allowable Subject Matter
Claims 2-6, 8, 10-14, 16, 18, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicants’ disclosure.
Lapidous (US 20150189511 A1)
Ahmed et al. (US 20160381062 A1)
Akella et al. (US 20210336981 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kenneth Chang whose telephone number is (571)270-7530. The examiner can normally be reached Monday - Friday 9:30am-5:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taghi Arani can be reached at 571-272-3787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENNETH W CHANG/Primary Examiner, Art Unit 2438
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