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 .
Claims 1-20 were cancelled and claims 21-40 are added by preliminary amendments.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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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Instant Application 19/217,106
US 12333531 B2
33. (New) A system for secure reprovisioning, comprising:
a first device, comprising: memory containing one or more applets, a counter value, and transmission data,a communication interface, and one or more processors in communication with the memory and the communication interface, wherein the first device:
creates a cryptogram, wherein the cryptogram includes transmission data;
transmitting the cryptogram,
receives a set of one or more encrypted keys,
decrypts the set of one or more encrypted keys, and
changes an association of the first device from a first account to a second account.
1. A secure reprovisioning system, comprising:
a first device having an association with a first account, comprising: a memory containing one or more applets, a counter value, and transmission data; a communication interface; and one or more processors in communication with the memory and the communication interface; wherein the first device is configured to:
create a cryptogram based on the counter value, wherein the cryptogram includes the counter value and the transmission data,
transmit, after entry of the communication interface into a communication field, the cryptogram, update, after transmission of the cryptogram, the counter value,
receive, via the communication interface, one or more encrypted keys and one or more parameters, decrypt the one or more encrypted keys, and after decryption of the one or more encrypted keys, switch the association of the first device from the first account to a second account.
Claims 21-40 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12333531 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because of similar limitations with obvious variations.
Similarly, Claims 21-40 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 11792001 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because of similar limitations with obvious variations.
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.
Claim(s) 21-28, 30-40 are rejected under 35 U.S.C. 103 as being unpatentable over Duane at al(US 10542036 B1).
With regards to claim 21, 33, 39 Duane discloses, A secure reprovisioning system, comprising: a first device (FIG 5A 515 / 5B and associated text;), comprising:
memory containing one or more applets, a counter value, and transmission data, (FIG 5B 535, 540, 545, 550 and associated text; Col 5 line 20-35; At step 104, after communication has been established between client device 110 and contactless card 105, the contactless card 105 generates a message authentication code (MAC) cryptogram. In some examples, this may occur when the contactless card 105 is read by the application 122. In particular, this may occur upon a read, such as an NFC read, of a near field data exchange (NDEF) tag, which may be created in accordance with the NFC Data Exchange Format. For example, a reader, such as application 122, may transmit a message, such as an applet select message, with the applet ID of an NDEF producing applet. …At this point, a counter value maintained by the contactless card 105 may be updated or incremented, which may be followed by “Read NDEF file.” At this point, the message may be generated which may include a header and a shared secret.);
a communication interface (FIG 5A 520 and associated text; ); and
and one or more processors in communication with the memory and the communication interface, (FIG 5B 530 and associated text; Col 5 line 20-35; At step 104, after communication has been established between client device 110 and contactless card 105, the contactless card 105 generates a message authentication code (MAC) cryptogram. In some examples, this may occur when the contactless card 105 is read by the application 122. In particular, this may occur upon a read, such as an NFC read, of a near field data exchange (NDEF) tag, which may be created in accordance with the NFC Data Exchange Format. );
wherein the first device:
create a cryptogram, wherein the cryptogram includes transmission data (Col 5 line 35-50; At this point, a counter value maintained by the contactless card 105 may be updated or incremented, which may be followed by “Read NDEF file.” At this point, the message may be generated which may include a header and a shared secret. Session keys may then be generated. The MAC cryptogram may be created from the message, which may include the header and the shared secret. The MAC cryptogram may then be concatenated with one or more blocks of random data, and the MAC cryptogram and a random number (RND) may be encrypted with the session key. Thereafter, the cryptogram and the header may be concatenated, and encoded as ASCII hex and returned in NDEF message format (responsive to the “Read NDEF file” message),
transmit, the cryptogram (FIG 1B 108 and associated text; col 6 line 0-10; At step 108, the application 122 communicates the MAC cryptogram to the processor 124. At step 112, the processor 124 verifies the MAC cryptogram pursuant to an instruction from the application 122. For example, the MAC cryptogram may be verified, as explained below. In some examples, verifying the MAC cryptogram may be performed by a device other than client device 110, such as a server 120 in data communication with the client device 110 (as shown in FIG. 1A). For example, processor 124 may output the MAC cryptogram for transmission to server 120, which may verify the MAC cryptogram. ),
receive, a set of one or more encrypted keys (FIG 11 1130, 1150 and associated text; Col 5 line 5-35; The MAC cryptogram may then be concatenated with one or more blocks of random data, and the MAC cryptogram and a random number (RND) may be encrypted with the session key….At step 106, the contactless card 105 sends the MAC cryptogram to the application 122. Also see FIG 10 130 and associated text; col 6 line 10-15; In some examples, the MAC cryptogram may function as a digital signature for purposes of verification. Other digital signature algorithms, such as public key asymmetric algorithms, e.g., the Digital Signature Algorithm and the RSA algorithm, or zero knowledge protocols, may be used to perform this verification. Note: MAC cryptogram contains session keys, RND),
decrypt the set of one or more encrypted keys (col 8 line 60-65; At block 245, the receiving device 210 may then take the protected encrypted data and using a symmetric decryption algorithm along with the diversified symmetric key, decrypt the protected encrypted data.), and
changes an association from the first account to a second account (Col9 line 0-10; The next time sensitive data needs to be sent from the sender to the recipient via respective transmitting device 205 and receiving device 210, a different counter value may be selected producing a different diversified symmetric key. By processing the counter value with the master symmetric key and same symmetric cryptographic algorithm, both the transmitting device 205 and receiving device 210 may independently produce the same diversified symmetric key. This diversified symmetric key, not the master symmetric key, is used to protect the sensitive data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Duane base embodiment’s with teaching of other embodiments in order to provide data security, authentication, and verification for contactless cards. (Duane col 1line 40-50;)
With regards to claim 22-24, Duane further discloses, receiving one or more parameters (FIG 11 1130, 1150 and associated text; Col 5 line 5-35; The MAC cryptogram may then be concatenated with one or more blocks of random data, and the MAC cryptogram and a random number (RND) may be encrypted with the session key….At step 106, the contactless card 105 sends the MAC cryptogram to the application 122. Also see FIG 10 130 and associated text; Note: MAC cryptogram contains session keys, RND), wherein the one or more parameters comprises changed personalization data; wherein the changed personalization data comprises at least one selected from the group of one or more card master keys and one or more spending limits; wherein the changed personalization data comprises at least one selected from the group of primary account number information, expiration date information, and a card verification code (col 17 line 20-30; also col 19 line 40-65; For the contactless card, a different unique identifier is derived which may be related to the application primary account number (PAN) and PAN sequence number, which is encoded in the card. The key diversification may be configured to receive the identifier as input with the master key such that one or more keys may be created for each contactless card. In some examples, these diversified keys may comprise a first key and a second key. The first key may include an authentication master key (Card Cryptogram Generation/Authentication Key—Card-Key-Auth), and may be further diversified to create a MAC session key used when generating and verifying a MAC cryptogram. The second key may comprise an encryption master key (Card Data Encryption Key—Card-Key-DEK), and may be further diversified to create an ENC session key used when encrypting and decrypting enciphered data. In some examples, the first and the second keys may be created by diversifying the issuer master keys by combining them with the card's unique ID number (pUID) and the PAN sequence number (PSN) of a payment applet. The pUID may comprise a 16-digit numerical value. As explained above, pUID may comprise a 16 digit BCD encoded number. In some examples, pUID may comprise a 14-digit numerical value ).
With regards to claim 25, Duane further discloses, wherein the set of one or more encrypted keys and the one or more parameters are received after a determination of a security concern (Col 1 line 58-67; Embodiments of the present disclosure provide attack signaling system comprising: a contactless card including a substrate, one or more processors, and a memory, wherein the memory contains at least one applet; and one or more servers in data communication with the contactless card, wherein the contactless card is configured to, upon detection of a potential attack, create a one-time password (OTP) value that is transmitted to one or more servers, the OTP value indicative of the potential attack; and wherein the one or more servers, upon receipt of the OTP value, are configured to perform one or more protective actions Col 5 line 5-35; The MAC cryptogram may then be concatenated with one or more blocks of random data, and the MAC cryptogram and a random number (RND) may be encrypted with the session key….At step 106, the contactless card 105 sends the MAC cryptogram to the application 122).
With regards to claim 26, Duane further discloses, wherein the security concern is associated with at least one selected from the group of an identity theft, an unauthorized usage based on a transaction history, an unauthorized usage based on a transaction frequency evaluated over any determined time period, and a notice of a fraudulent charge (Col 30 line 50-65; One way for a cryptographic device to respond to the detection of a potential attack is to render itself incapable of operation. This may be accomplished in a number of ways, including by erasing any keys within the device, or by entering a state where the device will no longer respond to requests for any cryptographic services. For example, when a cryptographic device detects a potential attempt to comprise it, e.g., a code-modification attack, a fuzzing attack, a code-tampering attack, a clock signal jittering attack to induce faults, extreme temperature conditions to induce faults, or light sensors to detect protective coating removal indicative of attempts to probe or tamper with a chip contained in a cryptographic device, internal security keys stored therein are deleted. While this may stop an attacker from gaining access to the key or algorithm details, it may lead to confusion by the end user when the device simply stops operating.).
With regards to claim 27-28, Duane further discloses, wherein the cryptogram is created based on a counter value; wherein the cryptogram further includes the counter value (Col 5 line 35-50; At this point, a counter value maintained by the contactless card 105 may be updated or incremented, which may be followed by “Read NDEF file.” At this point, the message may be generated which may include a header and a shared secret. Session keys may then be generated. The MAC cryptogram may be created from the message, which may include the header and the shared secret. The MAC cryptogram may then be concatenated with one or more blocks of random data, and the MAC cryptogram and a random number (RND) may be encrypted with the session key. Thereafter, the cryptogram and the header may be concatenated, and encoded as ASCII hex and returned in NDEF message format (responsive to the “Read NDEF file” message).
With regards to claim 30, Duane further discloses, wherein the first device is subject to one or more eligibility criteria prior to receiving the set of one or more encrypted keys and the one or more parameters (Col 26 line 40-50; In some embodiments, a dedicated application may be configured to execute on a client device to perform the activation of the contactless card. In other embodiments, a webportal, a web-based app, an applet, and/or the like may perform the activation. Activation may be performed on the client device, or the client device may merely act as a go between for the contactless card and an external device (e.g., account server).).
With regards to claim 34, Duane further discloses, wherein the first device comprises a contactless card (Col 33 line 35-60; Embodiments of the present disclosure provide attack signaling system comprising: a contactless card including a substrate, one or more processors, and a memory, wherein the memory contains at least one applet; and one or more servers in data communication with the contactless card, wherein the contactless card is configured to, upon detection of a potential attack, create a one-time password (OTP) value that is transmitted to one or more servers, the OTP value indicative of the potential attack; and wherein the one or more servers, upon receipt of the OTP value, are configured to perform one or more protective actions; Col5 line5-35; The MAC cryptogram may then be concatenated with one or more blocks of random data, and the MAC cryptogram and a random number(RND) may be encrypted with the session key….At step 106, the contactless card 105 sends the MAC cryptogram to the application 122).
With regards to claim 35-36, Duane further discloses, wherein the first device comprises a mobile device; wherein the first device comprises a server (System 1300 may include client device 1320, which may be a network-enabled computer. As referred to herein, a network-enabled computer may include, but is not limited to: e.g., a computer device, or communications device including, e.g., a server, a network appliance, a (PC), a workstation, a mobile device, a phone, a handheld PC, a personal digital assistant (PDA), a thin client, a fat client, an Internet browser, or other device. Client device 1320 also may be a mobile device; for example, a mobile device may include an iPhone, iPod, iPad from Apple® or any other device running Apple's iOS operating system, any device running the Google Android® operating system, any device running Microsoft's Windows® Mobile operating system, and/or any other smartphone or like wearable mobile device. Device 1320 may be in data communication with the contactless card 1310, for example via one or more networks 1330.).
With regards to claim 37, Duane further discloses, wherein the one or more applets are configured to store the one or more decrypted keys in a secure element (Col 20 line 40-45; Regarding session key generation, the keys used to generate the cryptogram and encipher the data in the one or more applets may comprise session keys based on the card unique keys (Card-Key-Auth 925 and Card-Key-Dek 930). ).
With regards to claim 38 Duane further discloses, wherein the first device is configured to receive the set of one or more encrypted keys and the one or more parameters on a predetermined time basis (Col 18 line 40-55; To keep the counter in sync, an application, such as a background application, may be executed that would be configured to detect when the mobile device wakes up and synchronize with the one or more servers indicating that a read that occurred due to detection to then move the counter forward. Since the counters of the contactless card and the one or more servers may get out of sync, the one or more servers may be configured to allow the counter of the contactless card to be updated a threshold or predetermined number of times before it is read by the one or more servers and still be considered valid.).
With regards to claim 40, Duane further teaches, wherein the association is changed from the first account to the second account in response to a detection of a type of transaction (Col 31 line 55-65; Examples of processes for creating the OTP value may include, but are not limited to, an OTP value based on a counter, OTP value based on time, and OTP value based on a challenge-response mechanism, or a combination thereof. For example, when the OTP value is based on the counter, upon detection of an attack, the key may be destroyed to prevent an attacker from gaining access to the key, and the contactless card 1310 is forced into a state where it generates an OTP value indicating the attack. ).
Claim(s) 31-32, are rejected under 35 U.S.C. 103 as being unpatentable over Duane at al(US 10542036 B1) in view of KIM(KR 20130082845 A).
With regards to claim 31, Duane does not but KIM teaches, wherein the set of one or more encrypted keys and the one or more parameters are received from a first automated teller machine (ATM) at a first location (KIM Page 4; ATM is Host Key (Hkey) and Master key1 a request if, the host 100 Master key1 Host key and public key encryption to transmit the ATM to. ATM has been received with his private key to decrypt the Host key and Master key1-store . In addition, the ATM transmits the IC Host key encrypted with the public key to the IC card, and requests a Master key3. IC card receives the request is obtained by decoding the received Master key3 to the Host key, the public Master key ATM in the transmission and encryption keys). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Duane’s system/method with teaching of KIM in order for improve security with ATM transaction.(KIM ABStract).
With regards to claim 32 examiner interpreted as repetitive transaction of claim 31 with different keys from second ATM, also rejected accordingly.
Allowable Subject Matter
Claim 27 is 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 applicant's disclosure. US 20160359850 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED WALIULLAH whose telephone number is (571)270-7987. The examiner can normally be reached 8.30 to 430 PM.
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/MOHAMMED WALIULLAH/Primary Examiner, Art Unit 2498
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