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 .
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.
Claims 2-10, 12-18, and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,505,432. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims 2, 9, and 17
‘432 Patent
A computer-implemented method, comprising: receiving, at a server from a first mobile device, a first set of encrypted data and a request to transfer funds from a payor's account to a payee's account, wherein the first set of encrypted data is generated by a contactless card associated with the payor's account in response to a first interaction with the first mobile device;
Claim 1: A computer-implemented method, comprising: receiving, by a server, a first cryptogram from an application executing on a first device, the first cryptogram generated by an authentication applet of a contactless card associated with a first account; receiving, by the server from the application, a request to transfer funds from the first account to a second account;
validating, by the server, the first set of encrypted data to verify authenticity of the contactless card;
Claim 1: verifying, by the server, the first cryptogram based at least in part on decrypting the first cryptogram using the first diversified key;
receiving, at the server from a second mobile device associated with the payee, a second set of encrypted data, wherein the second set of encrypted data is generated by the contactless card in response to a second interaction with the second mobile device; and
Claim 1: receiving, by the server, a second cryptogram generated by the authentication applet of the contactless card;
authorizing the transfer of funds from the payor's account to the payee's account.
Claim 1: authorizing, by the server, the request to transfer funds from the first account to the second account based on the verification of the first and second cryptograms.
Claim 3
‘432 Patent
before authorizing the transfer of funds, validating, by the server, the second set of encrypted data, wherein authorizing the transfer of funds is based on validating the first set of encrypted data and validating the second set of encrypted data.
Claim 1: verifying, by the server, the second cryptogram based at least in part on decrypting the second cryptogram using the second diversified key; and authorizing, by the server, the request to transfer funds from the first account to the second account based on the verification of the first and second cryptograms.
Claim 4
‘432 Patent
generating, by the server, a first diversified key based on encrypting a master key of the contactless card and a first counter value; and
Claim 1: generating, by the server, a first diversified key based on encrypting a master key of the contactless card and the first counter value;
generating, by the server, a second diversified key based on encrypting the master key and a second counter value;
Claim 1: generating, by the server, a second diversified key based on encrypting the master key and the second counter value;
wherein the first set of encrypted data is validated using the first diversified key,
Claim 1: verifying, by the server, the first cryptogram based at least in part on decrypting the first cryptogram using the first diversified key;
wherein the second set of encrypted data is validated using the second diversified key.
Claim 1: verifying, by the server, the second cryptogram based at least in part on decrypting the second cryptogram using the second diversified key;
Claim 5
‘432 Patent
validating the first set of encrypted data comprises: decrypting, by the server, the first set of encrypted data using the first diversified key to yield a customer identifier; and
Claim 1: verifying, by the server, the first cryptogram based at least in part on decrypting the first cryptogram using the first diversified key;
determining, by the server, that the customer identifier yielded from decrypting the first set of encrypted data matches a customer identifier associated with the payor's account; and
Claim 7: verifying the first cryptogram comprises determining that a customer identifier yielded by decrypting the first cryptogram matches a customer identifier associated with the first account;
validating the second set of encrypted data comprises: decrypting, by the server, the second set of encrypted data using the second diversified key to yield a customer identifier; and
Claim 1: verifying, by the server, the second cryptogram based at least in part on decrypting the second cryptogram using the second diversified key;
determining, by the server, that the customer identifier yielded from decrypting the second set of encrypted data matches the customer identifier associated with the payor's account.
Claim 7: verifying the second cryptogram comprises determining that a customer identifier yielded by decrypting the second cryptogram matches the customer identifier associated with the first account.
Claim 6
‘432 Patent
wherein the first set of encrypted data comprises a message authentication code (MAC) cryptogram generated by an instance of the first diversified key on the contactless card,
Claim 3: wherein the first and second cryptograms comprise message authentication code (MAC) cryptograms
wherein the second set of encrypted data comprises a MAC cryptogram generated by an instance of the second diversified key on the contactless card.
Claim 3: wherein the first and second cryptograms comprise message authentication code (MAC) cryptograms
Claim 7
‘432 Patent
receiving, by the server from the first mobile device, an indication that the payor's account has been authenticated based on received input comprising one or more of a username and a password for the first account, or biometric credentials for the payor's account; and
Claim 4: receiving, by the server from the application executing on the first device, an indication that the first account has been authenticated based on received input comprising one or more of a username and a password for the first account, or biometric credentials for the first account; and
receiving, by the server from the second mobile device, an indication that the payee's account has been authenticated based on received input comprising one or more of a username and a password for the second account, or biometric credentials for the payee's account.
Claim 4: receiving, by the server from an application executing on a second device, an indication that the second account has been authenticated based on received input comprising one or more of a username and a password for the second account, or biometric credentials for the second account.
Claim 8
‘432 Patent
determining, by the server, that the second set of encrypted data is received within a threshold amount of time of receiving the first set of encrypted data,
Claim 5: determining, by the server, that the second cryptogram is received within a threshold amount of time of receiving the first cryptogram,
wherein the server authorizes the transfer of funds based on the determination that the second set of encrypted data is received within the threshold amount of time.
Claim 5: wherein the server authorizes the request further based on the determination that the second cryptogram is received within the threshold amount of time.
Claim 10
‘432 Patent
wherein the first set of encrypted data is received from an application executing on the first mobile device,
Claim 1: receiving, by a server, a first cryptogram from an application executing on a first device
wherein the second set of encrypted data is received from an application executing on the second mobile device.
Claim 1: receiving, by the server, a second cryptogram generated by the authentication applet of the contactless card;
Claim 12
‘432 Patent
increment, in response to receiving the first set of encrypted data, a counter value associated with the contactless card to generate a first counter value associated with the contactless card;
Claim 1: incrementing, by the server, a counter value associated with the contactless card to generate a first counter value associated with the contactless card;
generate a first diversified key based on encrypting a master key of the contactless card and the first counter value;
Claim 1: generating, by the server, a first diversified key based on encrypting a master key of the contactless card and the first counter value;
increment, in response to receiving the second set of encrypted data, the first counter value to generate a second counter value associated with the contactless card; and
Claim 1: incrementing, by the server, the first counter value to generate a second counter value associated with the contactless card;
generate a second diversified key based on encrypting the master key and the second counter value.
Claim 1: generating, by the server, a second diversified key based on encrypting the master key and the second counter value;
Claim 13
‘432 Patent
wherein the first set of encrypted data is validated using the first diversified key,
Claim 1: verifying, by the server, the first cryptogram based at least in part on decrypting the first cryptogram using the first diversified key;
wherein the second set of encrypted data is validated using the second diversified key.
Claim 1: verifying, by the server, the second cryptogram based at least in part on decrypting the second cryptogram using the second diversified key;
Claim 14
‘432 Patent
wherein the first and second counter values are synchronized between the contactless card and the server.
Claim 8: wherein the first and second counter values are synchronized between the contactless card and the server.
Claim 15
‘432 Patent
start a timer responsive to receiving the first set of encrypted data from the first mobile device,
Claim 6: starting a timer by the server responsive to receiving the first cryptogram from the first device,
wherein the server determines that the second set of encrypted data is received from the second mobile device within a threshold amount of time of receiving the first set of encrypted data based on the timer.
Claim 6: wherein the server determines that the second cryptogram is received within the threshold amount of time of receiving the first cryptogram based on the timer.
Claim 16
‘432 Patent
wherein authorizing the transfer of funds is based upon the determination that the second set of encrypted data is received within a threshold amount of time of receiving the first set of encrypted data.
Claim 5: wherein the server authorizes the request further based on the determination that the second cryptogram is received within the threshold amount of time.
Claim 18
‘432 Patent
increment, in response to receiving the first set of encrypted data, a counter value associated with the contactless card to generate a first counter value associated with the contactless card;
Claim 1: incrementing, by the server, a counter value associated with the contactless card to generate a first counter value associated with the contactless card;
generate a first diversified key based on encrypting a master key of the contactless card and the first counter value;
Claim 1: generating, by the server, a first diversified key based on encrypting a master key of the contactless card and the first counter value;
increment, in response to receiving the second set of encrypted data, the first counter value to generate a second counter value associated with the contactless card; and
Claim 1: incrementing, by the server, the first counter value to generate a second counter value associated with the contactless card;
generate a second diversified key based on encrypting the master key and the second counter value.
Claim 1: generating, by the server, a second diversified key based on encrypting the master key and the second counter value;
Claim 21
‘432 Patent
start a timer responsive to receiving the first set of encrypted data from the first mobile device,
Claim 6: starting a timer by the server responsive to receiving the first cryptogram from the first device
wherein the server determines that the second set of encrypted data is received from the second mobile device within a threshold amount of time of receiving the first set of encrypted data based on the timer.
Claim 6: wherein the server determines that the second cryptogram is received within the threshold amount of time of receiving the first cryptogram based on the timer.
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12,505,432 in view of U.S. Patent Pub. No. 2017/0272253 to Lavender et al.
Claim 11
‘432 Patent
process the transfer of funds from the payor's account to the payee's account; and
Claim 3: processing, by the server, the request to transfer funds from the first account to the second account.
Lavender
send, to the application executing on the first mobile device and to the application executing on the second mobile device, confirmation the funds are being transferred.
¶ 136: Then, at step S538, the coordination computer 515 can notify the sender that the transfer was completed (e.g., by sending a message to a coordination application on the sender device 510). Additionally, at step S540, the coordination computer 515 can notify the receiver that the transfer was completed (e.g., by sending a message to a coordination application on the receiver device 520).
Claims 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,505,432 in view of U.S. Patent No. 8,616,441 to Mastrangelo et al.
Claim 19
Mastrangelo
wherein the first set of encrypted data and the second set of encrypted data comprise a first transaction counter and a second transaction counter, respectively, wherein the instructions further cause the processor to compare the first transaction counter with the first counter value and the second transaction counter with the second counter value, wherein the transfer of the funds is authorized based on the comparisons.
22:36-54: from one of a plurality of transaction counters stored on the contactless transaction device, receiving a first transaction counter value corresponding to the at least one payment option selection via the contactless transaction reader; based at least in part on the received account information and at least one payment option selection, activating a corresponding transaction application program and retrieving, from the one of the plurality of transaction counters stored on the contactless transaction device, a second transaction counter value corresponding to the transaction application program; comparing the first transaction counter value and the second transaction counter value based at least in part on the comparison, determining whether to authorize a transaction associated with the account information; and manipulating the first and second transaction counter values by the same increment.
Claim 20
‘432 Patent
wherein the first set of encrypted data comprises a message authentication code (MAC) cryptogram
Claim 3: wherein the first and second cryptograms comprise message authentication code (MAC) cryptograms
wherein the second set of encrypted data comprises a MAC cryptogram
Claim 3: wherein the first and second cryptograms comprise message authentication code (MAC) cryptograms
Mastrangelo
including the first transaction counter,
22:36-40: from one of a plurality of transaction counters stored on the contactless transaction device, receiving a first transaction counter value corresponding to the at least one payment option selection via the contactless transaction reader;
including the second transaction counter.
22:41-47: based at least in part on the received account information and at least one payment option selection, activating a corresponding transaction application program and retrieving, from the one of the plurality of transaction counters stored on the contactless transaction device, a second transaction counter value corresponding to the transaction application program;
Claims 2-10, 12-18, and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,823,182. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims 2, 9, and 17
‘182 Patent
A computer-implemented method, comprising: receiving, at a server from a first mobile device, a first set of encrypted data and a request to transfer funds from a payor's account to a payee's account, wherein the first set of encrypted data is generated by a contactless card associated with the payor's account in response to a first interaction with the first mobile device;
Claim 1: A computer-implemented method, comprising: receiving, by a server, a first cryptogram from an application executing on a first device, the first cryptogram generated by a contactless card associated with a first account; receiving, by the server from the application, a request to transfer funds from the first account to a second account, the second account associated with a second device;
validating, by the server, the first set of encrypted data to verify authenticity of the contactless card;
Claim 1: verifying, by the server, the first cryptogram based at least in part on decrypting the first cryptogram using the first diversified key;
receiving, at the server from a second mobile device associated with the payee, a second set of encrypted data, wherein the second set of encrypted data is generated by the contactless card in response to a second interaction with the second mobile device; and
Claim 1: receiving, by the server, a second cryptogram from an application executing on the second device, the second cryptogram generated by the contactless card;
authorizing the transfer of funds from the payor's account to the payee's account.
Claim 1: authorizing, by the server, the request to transfer funds from the first account to the second account based on the verification of the first and second cryptograms and the determination that the second cryptogram is received within the threshold amount of time of receiving the first cryptogram.
Claim 3
‘182 Patent
before authorizing the transfer of funds, validating, by the server, the second set of encrypted data, wherein authorizing the transfer of funds is based on validating the first set of encrypted data and validating the second set of encrypted data.
Claim 1: verifying, by the server, the second cryptogram based at least in part on decrypting the second cryptogram using the second diversified key; authorizing, by the server, the request to transfer funds from the first account to the second account based on the verification of the first and second cryptograms
Claim 4
‘182 Patent
generating, by the server, a first diversified key based on encrypting a master key of the contactless card and a first counter value; and
Claim 1: generating, by the server, a first diversified key based on encrypting a master key of the contactless card and the first counter value of the contactless card;
generating, by the server, a second diversified key based on encrypting the master key and a second counter value;
Claim 1: generating, by the server, a second diversified key based on encrypting the master key and the second counter value;
wherein the first set of encrypted data is validated using the first diversified key,
Claim 1: verifying, by the server, the first cryptogram based at least in part on decrypting the first cryptogram using the first diversified key;
wherein the second set of encrypted data is validated using the second diversified key.
Claim 1: verifying, by the server, the second cryptogram based at least in part on decrypting the second cryptogram using the second diversified key;
Claim 5
‘182 Patent
validating the first set of encrypted data comprises: decrypting, by the server, the first set of encrypted data using the first diversified key to yield a customer identifier; and
Claim 1: verifying, by the server, the first cryptogram based at least in part on decrypting the first cryptogram using the first diversified key;
determining, by the server, that the customer identifier yielded from decrypting the first set of encrypted data matches a customer identifier associated with the payor's account; and
Claim 5: determining that a customer identifier yielded by decrypting the first cryptogram matches a customer identifier associated with the first account
validating the second set of encrypted data comprises: decrypting, by the server, the second set of encrypted data using the second diversified key to yield a customer identifier; and
Claim 1: verifying, by the server, the second cryptogram based at least in part on decrypting the second cryptogram using the second diversified key;
determining, by the server, that the customer identifier yielded from decrypting the second set of encrypted data matches the customer identifier associated with the payor's account.
Claim 5: determining that a customer identifier yielded by decrypting the second cryptogram matches the customer identifier associated with the first account.
Claim 6
‘182 Patent
wherein the first set of encrypted data comprises a message authentication code (MAC) cryptogram generated by an instance of the first diversified key on the contactless card,
Claim 3: the first and second cryptograms comprising message authentication code (MAC) cryptograms
wherein the second set of encrypted data comprises a MAC cryptogram generated by an instance of the second diversified key on the contactless card.
Claim 3: the first and second cryptograms comprising message authentication code (MAC) cryptograms
Claim 7
‘182 Patent
receiving, by the server from the first mobile device, an indication that the payor's account has been authenticated based on received input comprising one or more of a username and a password for the first account, or biometric credentials for the payor's account; and
Claim 2: receiving, by the server from the application executing on the first device, an indication that the first account has been authenticated based on received input comprising one or more of a username and a password for the first account, or biometric credentials for the first account;
receiving, by the server from the second mobile device, an indication that the payee's account has been authenticated based on received input comprising one or more of a username and a password for the second account, or biometric credentials for the payee's account.
Claim 2: receiving, by the server from the application executing on the second device, an indication that the second account has been authenticated based on received input comprising one or more of a username and a password for the second account, or biometric credentials for the second account.
Claim 8
‘182 Patent
determining, by the server, that the second set of encrypted data is received within a threshold amount of time of receiving the first set of encrypted data,
Claim 1: authorizing, by the server, the request to transfer funds from the first account to the second account based on the verification of the first and second cryptograms and the determination that the second cryptogram is received within the threshold amount of time of receiving the first cryptogram.
wherein the server authorizes the transfer of funds based on the determination that the second set of encrypted data is received within the threshold amount of time.
Claim 1: authorizing, by the server, the request to transfer funds from the first account to the second account based on the verification of the first and second cryptograms and the determination that the second cryptogram is received within the threshold amount of time of receiving the first cryptogram.
Claim 10
‘182 Patent
wherein the first set of encrypted data is received from an application executing on the first mobile device,
Claim 1: receiving, by a server, a first cryptogram from an application executing on a first device
wherein the second set of encrypted data is received from an application executing on the second mobile device.
Claim 1: receiving, by the server, a second cryptogram from an application executing on the second device
Claim 12
‘182 Patent
increment, in response to receiving the first set of encrypted data, a counter value associated with the contactless card to generate a first counter value associated with the contactless card;
Claim 1: incrementing, by the server, a counter value associated with the contactless card to generate a first counter value;
generate a first diversified key based on encrypting a master key of the contactless card and the first counter value;
Claim 1: generating, by the server, a first diversified key based on encrypting a master key of the contactless card and the first counter value of the contactless card;
increment, in response to receiving the second set of encrypted data, the first counter value to generate a second counter value associated with the contactless card; and
Claim 1: incrementing, by the server, the first counter value to generate a second counter value associated with the contactless card;
generate a second diversified key based on encrypting the master key and the second counter value.
Claim 1: generating, by the server, a second diversified key based on encrypting the master key and the second counter value;
Claim 13
‘182 Patent
wherein the first set of encrypted data is validated using the first diversified key,
Claim 1: verifying, by the server, the first cryptogram based at least in part on decrypting the first cryptogram using the first diversified key;
wherein the second set of encrypted data is validated using the second diversified key.
Claim 1: verifying, by the server, the second cryptogram based at least in part on decrypting the second cryptogram using the second diversified key;
Claim 14
‘182 Patent
wherein the first and second counter values are synchronized between the contactless card and the server.
Claim 7: wherein the first and second counter values are synchronized between the contactless card and the server.
Claim 15
‘182 Patent
start a timer responsive to receiving the first set of encrypted data from the first mobile device,
Claim 4: starting a timer by the server responsive to receiving the first cryptogram from the first device
wherein the server determines that the second set of encrypted data is received from the second mobile device within a threshold amount of time of receiving the first set of encrypted data based on the timer.
Claim 4: wherein the server determines that the second cryptogram is received from the second device within the threshold amount of time of receiving the first cryptogram from the first device based on the timer.
Claim 16
‘182 Patent
wherein authorizing the transfer of funds is based upon the determination that the second set of encrypted data is received within a threshold amount of time of receiving the first set of encrypted data.
Claim 1: authorizing, by the server, the request to transfer funds from the first account to the second account based on the verification of the first and second cryptograms and the determination that the second cryptogram is received within the threshold amount of time of receiving the first cryptogram.
Claim 18
‘182 Patent
increment, in response to receiving the first set of encrypted data, a counter value associated with the contactless card to generate a first counter value associated with the contactless card;
Claim 1: incrementing, by the server, a counter value associated with the contactless card to generate a first counter value;
generate a first diversified key based on encrypting a master key of the contactless card and the first counter value;
Claim 1: generating, by the server, a first diversified key based on encrypting a master key of the contactless card and the first counter value of the contactless card;
increment, in response to receiving the second set of encrypted data, the first counter value to generate a second counter value associated with the contactless card; and
Claim 1: incrementing, by the server, the first counter value to generate a second counter value associated with the contactless card;
generate a second diversified key based on encrypting the master key and the second counter value.
Claim 1: generating, by the server, a second diversified key based on encrypting the master key and the second counter value;
Claim 21
‘182 Patent
start a timer responsive to receiving the first set of encrypted data from the first mobile device,
Claim 4: starting a timer by the server responsive to receiving the first cryptogram from the first device
wherein the server determines that the second set of encrypted data is received from the second mobile device within a threshold amount of time of receiving the first set of encrypted data based on the timer.
Claim 4: wherein the server determines that the second cryptogram is received from the second device within the threshold amount of time of receiving the first cryptogram from the first device based on the timer.
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 11,823,182 in view of U.S. Patent Pub. No. 2017/0272253 to Lavender et al.
Claim 11
‘182 Patent
process the transfer of funds from the payor's account to the payee's account; and
Claim 17: process the request to transfer funds from the first account to the second account.
Lavender
send, to the application executing on the first mobile device and to the application executing on the second mobile device, confirmation the funds are being transferred.
¶ 136: Then, at step S538, the coordination computer 515 can notify the sender that the transfer was completed (e.g., by sending a message to a coordination application on the sender device 510). Additionally, at step S540, the coordination computer 515 can notify the receiver that the transfer was completed (e.g., by sending a message to a coordination application on the receiver device 520).
Claims 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 11,823,182 in view of U.S. Patent No. 8,616,441 to Mastrangelo et al.
Claim 19
Mastrangelo
wherein the first set of encrypted data and the second set of encrypted data comprise a first transaction counter and a second transaction counter, respectively, wherein the instructions further cause the processor to compare the first transaction counter with the first counter value and the second transaction counter with the second counter value, wherein the transfer of the funds is authorized based on the comparisons.
22:36-54: from one of a plurality of transaction counters stored on the contactless transaction device, receiving a first transaction counter value corresponding to the at least one payment option selection via the contactless transaction reader; based at least in part on the received account information and at least one payment option selection, activating a corresponding transaction application program and retrieving, from the one of the plurality of transaction counters stored on the contactless transaction device, a second transaction counter value corresponding to the transaction application program; comparing the first transaction counter value and the second transaction counter value based at least in part on the comparison, determining whether to authorize a transaction associated with the account information; and manipulating the first and second transaction counter values by the same increment.
Claim 20
‘182 Patent
wherein the first set of encrypted data comprises a message authentication code (MAC) cryptogram
Claim 10: the first and second cryptograms comprising message authentication code (MAC) cryptograms
wherein the second set of encrypted data comprises a MAC cryptogram
Claim 10: the first and second cryptograms comprising message authentication code (MAC) cryptograms
Mastrangelo
including the first transaction counter,
22:36-40: from one of a plurality of transaction counters stored on the contactless transaction device, receiving a first transaction counter value corresponding to the at least one payment option selection via the contactless transaction reader;
including the second transaction counter.
22:41-47: based at least in part on the received account information and at least one payment option selection, activating a corresponding transaction application program and retrieving, from the one of the plurality of transaction counters stored on the contactless transaction device, a second transaction counter value corresponding to the transaction application program;
Claims 2-10, 12-18, and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,984,416. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims 2, 9, and 17
‘416 Patent
A computer-implemented method, comprising: receiving, at a server from a first mobile device, a first set of encrypted data and a request to transfer funds from a payor's account to a payee's account, wherein the first set of encrypted data is generated by a contactless card associated with the payor's account in response to a first interaction with the first mobile device;
Claim 5: A method, comprising: receiving, by a server, a first cryptogram from an application executing on a first device, the first cryptogram generated by a contactless card associated with a first account; receiving, by the server from the application, a request to transfer funds from the first account to a second account;
validating, by the server, the first set of encrypted data to verify authenticity of the contactless card;
Claim 5: decrypting, by the server using one or more cryptographic algorithms and the first diversified key, the first cryptogram to yield a customer identification value; determining, by the server, that the customer identification value yielded by decrypting the first cryptogram matches a customer identifier in an account database;
receiving, at the server from a second mobile device associated with the payee, a second set of encrypted data, wherein the second set of encrypted data is generated by the contactless card in response to a second interaction with the second mobile device; and
Claim 5: receiving the second-cryptogram by the server from an application executing on the second device;
authorizing the transfer of funds from the payor's account to the payee's account.
Claim 5: authorizing, by the server, the request to transfer finds from the first account to the second account based at least in part on: (i) the determination that the customer identification value yielded by decrypting the first cryptogram matches the customer identifier in the account database, (ii) the decryption of the second cryptogram yielding the customer identifier of the first account, and (iii) the determination that the second cryptogram is received within the threshold amount of time of receiving the first cryptogram.
Claim 3
‘416 Patent
before authorizing the transfer of funds, validating, by the server, the second set of encrypted data, wherein authorizing the transfer of funds is based on validating the first set of encrypted data and validating the second set of encrypted data.
Claim 5: decrypting, by the server using one or more cryptographic algorithms and the first diversified key, the first cryptogram to yield a customer identification value; determining, by the server, that the customer identification value yielded by decrypting the first cryptogram matches a customer identifier in an account database; decrypting the second cryptogram by the server using the one or more cryptographic algorithms and the second instance of the second diversified key; determining, by the server, that decrypting the second cryptogram yields the customer identifier of the first account;
Claim 4
‘416 Patent
generating, by the server, a first diversified key based on encrypting a master key of the contactless card and a first counter value; and
Claim 5: generating, by the server using one or more cryptographic algorithms, a first diversified key based on a master key and the counter value;
generating, by the server, a second diversified key based on encrypting the master key and a second counter value;
Claim 5: generating, by the contactless card responsive to the tap, a second diversified key using the counter value stored in the memory of the contactless card and the master key;
wherein the first set of encrypted data is validated using the first diversified key,
Claim 5: decrypting, by the server using one or more cryptographic algorithms and the first diversified key, the first cryptogram to yield a customer identification value; determining, by the server, that the customer identification value yielded by decrypting the first cryptogram matches a customer identifier in an account database;
wherein the second set of encrypted data is validated using the second diversified key.
Claim 5: decrypting the second cryptogram by the server using the one or more cryptographic algorithms and the second instance of the second diversified key; determining, by the server, that decrypting the second cryptogram yields the customer identifier of the first account;
Claim 5
‘416 Patent
validating the first set of encrypted data comprises: decrypting, by the server, the first set of encrypted data using the first diversified key to yield a customer identifier; and
Claim 5: decrypting, by the server using one or more cryptographic algorithms and the first diversified key, the first cryptogram to yield a customer identification value;
determining, by the server, that the customer identifier yielded from decrypting the first set of encrypted data matches a customer identifier associated with the payor's account; and
Claim 5: determining, by the server, that the customer identification value yielded by decrypting the first cryptogram matches a customer identifier in an account database;
validating the second set of encrypted data comprises: decrypting, by the server, the second set of encrypted data using the second diversified key to yield a customer identifier; and
Claim 5: decrypting the second cryptogram by the server using the one or more cryptographic algorithms and the second instance of the second diversified key;
determining, by the server, that the customer identifier yielded from decrypting the second set of encrypted data matches the customer identifier associated with the payor's account.
Claim 5: determining, by the server, that decrypting the second cryptogram yields the customer identifier of the first account;
Claim 6
‘416 Patent
wherein the first set of encrypted data comprises a message authentication code (MAC) cryptogram generated by an instance of the first diversified key on the contactless card,
Claim 13: wherein the first and second cryptograms comprise message authentication code (MAC) cryptograms.
wherein the second set of encrypted data comprises a MAC cryptogram generated by an instance of the second diversified key on the contactless card.
Claim 13: wherein the first and second cryptograms comprise message authentication code (MAC) cryptograms.
Claim 7
‘416 Patent
receiving, by the server from the first mobile device, an indication that the payor's account has been authenticated based on received input comprising one or more of a username and a password for the first account, or biometric credentials for the payor's account; and
Claim 5: receiving, by the server from the application executing on the first device, an indication that the first account has been authenticated based on received input;
receiving, by the server from the second mobile device, an indication that the payee's account has been authenticated based on received input comprising one or more of a username and a password for the second account, or biometric credentials for the payee's account.
Claim 10: receiving, by the server from the application executing on the second device, an indication that the second account has been authenticated based on input comprising one or more of a username and password, or biometric credentials.
Claim 8
‘416 Patent
determining, by the server, that the second set of encrypted data is received within a threshold amount of time of receiving the first set of encrypted data,
Claim 5: determining, by the server, that the second cryptogram is received within a threshold amount of time of receiving the first cryptogram;
wherein the server authorizes the transfer of funds based on the determination that the second set of encrypted data is received within the threshold amount of time.
Claim 5: authorizing, by the server, the request to transfer finds from the first account to the second account based at least in part on: (i) the determination that the customer identification value yielded by decrypting the first cryptogram matches the customer identifier in the account database, (ii) the decryption of the second cryptogram yielding the customer identifier of the first account, and (iii) the determination that the second cryptogram is received within the threshold amount of time of receiving the first cryptogram.
Claim 10
‘416 Patent
wherein the first set of encrypted data is received from an application executing on the first mobile device,
Claim 5: receiving, by a server, a first cryptogram from an application executing on a first device
wherein the second set of encrypted data is received from an application executing on the second mobile device.
Claim 5: receiving the second-cryptogram by the server from an application executing on the second device;
Claim 12
‘416 Patent
increment, in response to receiving the first set of encrypted data, a counter value associated with the contactless card to generate a first counter value associated with the contactless card;
Claim 5: incrementing, by the server, a counter value stored in a memory of the server responsive to receiving the first cryptogram from the first device;
generate a first diversified key based on encrypting a master key of the contactless card and the first counter value;
Claim 5: generating, by the server using one or more cryptographic algorithms, a first diversified key based on a master key and the counter value;
increment, in response to receiving the second set of encrypted data, the first counter value to generate a second counter value associated with the contactless card; and
Claim 5: incrementing, by the contactless card, the counter value stored in the memory of the contactless card responsive to a tap of the contactless card to a second device;
generate a second diversified key based on encrypting the master key and the second counter value.
Claim 5: generating, by the contactless card responsive to the tap, a second diversified key using the counter value stored in the memory of the contactless card and the master key;
Claim 13
‘416 Patent
wherein the first set of encrypted data is validated using the first diversified key,
Claim 5: decrypting, by the server using one or more cryptographic algorithms and the first diversified key, the first cryptogram to yield a customer identification value; determining, by the server, that the customer identification value yielded by decrypting the first cryptogram matches a customer identifier in an account database;
wherein the second set of encrypted data is validated using the second diversified key.
Claim 5: decrypting the second cryptogram by the server using the one or more cryptographic algorithms and the second instance of the second diversified key; determining, by the server, that decrypting the second cryptogram yields the customer identifier of the first account;
Claim 14
‘416 Patent
wherein the first and second counter values are synchronized between the contactless card and the server.
Claim 12: wherein the server increments the counter value stored in the memory of the server responsive to receiving the first cryptogram from the first device to synchronize the counter value with the counter value stored in the memory of the contactless card
Claim 15
‘416 Patent
start a timer responsive to receiving the first set of encrypted data from the first mobile device,
Claim 7: starting a timer by the server responsive to receiving the first cryptogram from the first device
wherein the server determines that the second set of encrypted data is received from the second mobile device within a threshold amount of time of receiving the first set of encrypted data based on the timer.
Claim 7: wherein the server determines that the second cryptogram is received from the second device within the threshold amount of time of receiving the first cryptogram from the first device based on the timer.
Claim 16
‘416 Patent
wherein authorizing the transfer of funds is based upon the determination that the second set of encrypted data is received within a threshold amount of time of receiving the first set of encrypted data.
Claim 5: authorizing, by the server, the request to transfer finds from the first account to the second account based at least in part on: (i) the determination that the customer identification value yielded by decrypting the first cryptogram matches the customer identifier in the account database, (ii) the decryption of the second cryptogram yielding the customer identifier of the first account, and (iii) the determination that the second cryptogram is received within the threshold amount of time of receiving the first cryptogram.
Claim 18
‘416 Patent
increment, in response to receiving the first set of encrypted data, a counter value associated with the contactless card to generate a first counter value associated with the contactless card;
Claim 5: incrementing, by the server, a counter value stored in a memory of the server responsive to receiving the first cryptogram from the first device;
generate a first diversified key based on encrypting a master key of the contactless card and the first counter value;
Claim 5: generating, by the server using one or more cryptographic algorithms, a first diversified key based on a master key and the counter value;
increment, in response to receiving the second set of encrypted data, the first counter value to generate a second counter value associated with the contactless card; and
Claim 5: incrementing, by the contactless card, the counter value stored in the memory of the contactless card responsive to a tap of the contactless card to a second device;
generate a second diversified key based on encrypting the master key and the second counter value.
Claim 5: generating, by the contactless card responsive to the tap, a second diversified key using the counter value stored in the memory of the contactless card and the master key;
Claim 21
‘416 Patent
start a timer responsive to receiving the first set of encrypted data from the first mobile device,
Claim 7: starting a timer by the server responsive to receiving the first cryptogram from the first device
wherein the server determines that the second set of encrypted data is received from the second mobile device within a threshold amount of time of receiving the first set of encrypted data based on the timer.
Claim 7: wherein the server determines that the second cryptogram is received from the second device within the threshold amount of time of receiving the first cryptogram from the first device based on the timer.
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 10,984,416 in view of U.S. Patent Pub. No. 2017/0272253 to Lavender et al.
Claim 11
‘416 Patent
process the transfer of funds from the payor's account to the payee's account; and
Claim 8: processing the request to transfer funds from the first account to the second account.
Lavender
send, to the application executing on the first mobile device and to the application executing on the second mobile device, confirmation the funds are being transferred.
¶ 136: Then, at step S538, the coordination computer 515 can notify the sender that the transfer was completed (e.g., by sending a message to a coordination application on the sender device 510). Additionally, at step S540, the coordination computer 515 can notify the receiver that the transfer was completed (e.g., by sending a message to a coordination application on the receiver device 520).
Claims 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 10,984,416 in view of U.S. Patent No. 8,616,441 to Mastrangelo et al.
Claim 19
Mastrangelo
wherein the first set of encrypted data and the second set of encrypted data comprise a first transaction counter and a second transaction counter, respectively, wherein the instructions further cause the processor to compare the first transaction counter with the first counter value and the second transaction counter with the second counter value, wherein the transfer of the funds is authorized based on the comparisons.
22:36-54: from one of a plurality of transaction counters stored on the contactless transaction device, receiving a first transaction counter value corresponding to the at least one payment option selection via the contactless transaction reader; based at least in part on the received account information and at least one payment option selection, activating a corresponding transaction application program and retrieving, from the one of the plurality of transaction counters stored on the contactless transaction device, a second transaction counter value corresponding to the transaction application program; comparing the first transaction counter value and the second transaction counter value based at least in part on the comparison, determining whether to authorize a transaction associated with the account information; and manipulating the first and second transaction counter values by the same increment.
Claim 20
‘416 Patent
wherein the first set of encrypted data comprises a message authentication code (MAC) cryptogram
Claim 17: wherein the first and second cryptograms comprise message authentication code (MAC) cryptograms.
wherein the second set of encrypted data comprises a MAC cryptogram
Claim 17: wherein the first and second cryptograms comprise message authentication code (MAC) cryptograms.
Mastrangelo
including the first transaction counter,
22:36-40: from one of a plurality of transaction counters stored on the contactless transaction device, receiving a first transaction counter value corresponding to the at least one payment option selection via the contactless transaction reader;
including the second transaction counter.
22:41-47: based at least in part on the received account information and at least one payment option selection, activating a corresponding transaction application program and retrieving, from the one of the plurality of transaction counters stored on the contactless transaction device, a second transaction counter value corresponding to the transaction application program;
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 2-3, 7-11, 15-17, and 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract ideas without significantly more. There are two criteria for subject matter eligibility. The first is that the claimed invention must be to one of the four statutory categories, i.e., a process, machine, manufacture, or composition of matter. See MPEP 2106(I). Second, the claimed invention also must qualify as patent-eligible subject matter, i.e., the claim must not be directed to a judicial exception unless the claim as a whole includes additional limitations amounting to significantly more than the exception. See MPEP 2106(I). Here, claims 2-3 and 7-8 are directed towards a process, claims 9-11 and 15-16 are directed towards a machine, and claims 17 and 21 are directed towards a manufacture. Therefore, the analysis proceeds to determine whether the claims recite abstract ideas.
Per Claim 2: Claim 2, as a whole, is directed towards the abstract idea of authorizing a payment based on transaction data. In particular, the claim recites receiving a first set of encrypted data and a request to transfer funds from a payor’s account to a payee’s account. The system then validates the first set of encrypted data. The claim receives from a payee a second set of encrypted data. The system then authorizes the transfer of funds from the payor’s account to the payee’s account. In other words, the claim recites Certain Methods of Organizing Human Activities recognized as reciting abstract ideas. More specifically, the following underlined claim elements recite abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a).
receiving, at a server from a first mobile device, a first set of encrypted data and a request to transfer funds from a payor's account to a payee's account, wherein the first set of encrypted data is generated by a contactless card associated with the payor's account in response to a first interaction with the first mobile device;
validating, by the server, the first set of encrypted data to verify authenticity of the contactless card;
receiving, at the server from a second mobile device associated with the payee, a second set of encrypted data, wherein the second set of encrypted data is generated by the contactless card in response to a second interaction with the second mobile device; and
authorizing the transfer of funds from the payor's account to the payee's account.
Because the claim recites abstract ideas, the analysis proceeds to determine whether the claim recites additional elements that recite a practical application of the abstract ideas. According to MPEP 2106.04(d), additional elements that recite an instruction to apply the abstract ideas using a computer, that recite insignificant extra-solution activities, or that generally link the use of the abstract ideas to a particular technological environment or field of use are not indicative of a practical application. Here, the claim recites the additional elements of a server, a first mobile device, and a second mobile device. However, these additional elements are used to implement the abstract ideas. In other words, the additional elements serve as an instruction to apply the abstract ideas using computers. Therefore, the claim as a whole fails to recite a practical application of the abstract ideas.
The analysis then proceeds to determine whether the additional elements, when considered individually and in combination, recite significantly more than the abstract ideas. According to MPEP 2106.05, additional elements that recite an instruction to apply the abstract ideas using a computer, that recite insignificant extra-solution activities, that generally link the use of the abstract ideas to a particular technological environment or field of use, or that recite well-understood, routine, and conventional activities are not indicative of reciting significantly more than the abstract ideas. Claim elements previously considered to recite insignificant extra-solution activities are reevaluated at this step to determine whether they recite well-understood, routine, and conventional activities. Such findings must be supported by the evidentiary requirements set forth in the Berkheimer Memo. Here, the claim recites the additional elements of a server, a first mobile device, and a second mobile device. However, these additional elements are used to implement the abstract ideas. In other words, the additional elements serve as an instruction to apply the abstract ideas using computers. Therefore, the additional claim elements, when considered individually and in combination, fail to recite significantly more than the abstract ideas.
Accordingly, claim 2 is rejected as being directed towards patent ineligible subject matter.
Per Claim 9: Claim 9 recites abstract ideas similar to those discussed above in connection with claim 2 and does so in the context of a machine. Claim 9 recites the following additional elements not considered in connection with claim 2:
a processor; and
a memory storing instructions that, when executed by the processor, cause the processor to:
However, these additional elements fail to recite a practical application of the abstract ideas or significantly more than the abstract ideas because they are an instruction to apply the abstract ideas using computers.
Accordingly, claim 9 is rejected as being directed towards patent ineligible subject matter.
Per Claim 17: Claim 17 recites abstract ideas similar to those discussed above in connection with claim 2 and does so in the context of a non-transitory computer-readable storage medium. However, claim 17 fails to recite any additional elements not already considered. Therefore, claim 17 also fails to recite a practical application of the abstract ideas or significantly more than the abstract ideas.
Accordingly, claim 17 is rejected as being directed towards patent ineligible subject matter.
Per Claims 3, 7-8, 10-11, 15-16, and 21: Claims 3, 7-8, 10-11, 15-16, and 21 have also been analyzed for subject matter eligibility. However, these claims also fail to recite patent eligible subject matter for the following reasons:
Claim 3 recites the abstract idea of validating the second set of encrypted data and authorizing the transfer of funds based on validating the first and second set of encrypted data, which is a Certain Method of Organizing Human Activities.
Claim 7 recites the abstract idea of receiving an indication that the payor and payee’s account has been authenticated, which is a Certain Method of Organizing Human Activities.
Claim 8 recites the abstract idea of determining that the second set of encrypted data is received within a threshold amount of time of receiving the first set of encrypted data and authorizing the transfer when that is true, which is a Certain Method of Organizing Human Activities.
Claim 10 recites the abstract idea of receiving the first set of encrypted data from a payor and the second set of encrypted data from a payee, which is a Certain Method of Organizing Human Activities.
Claim 11 recites the abstract idea of processing the transfer of funds and sending a confirmation that the funds are being transferred, which is a Certain Method of Organizing Human Activities.
Claims 15 and 21 recite the abstract idea of starting a timer after receiving the first set of encrypted data and determining that the second set of encrypted data is received within a threshold amount of time after receiving the first encrypted data, which is a Certain Method of Organizing Human Activities and a Mental Process.
Claim 16 recites the abstract idea of authorizing the transfer of funds based on receiving the second set of encrypted data within a threshold period of time of receiving the first set of encrypted data, which is a Certain Method of Organizing Human Activities.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 2-18 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2017/0148018 to Levin in view of U.S. Patent Pub. No. 2017/0272253 to Lavender et al. and U.S. Patent Pub. No. 2019/0188705 to Ecker et al.
Per Claim 2: Levin discloses:
A computer-implemented method, comprising: (see Levin at Abstract: Technologies are generally described for methods and systems effective to secure process synchronized requests after at least one secure inter-device communication link between the originating and confirming communication devices is established.)
receiving, at a server from a first mobile device, a first set of encrypted data and a request to transfer funds from a payor's account to a payee's account, [[wherein the first set of encrypted data is generated by a contactless card associated with the payor's account in response to a first interaction with the first mobile device;]] (Examiner’s Note: the claim limitation “wherein the first set of encrypted data is generated by a contactless card associated with the payor's account in response to a first interaction with the first mobile device” has been considered and determined to be outside the scope of the claim as the method covers the steps performed by the server while this limitation concerns steps performed by a contactless card. Therefore, it fails to distinguish over the prior art. However, for compact prosecution purposes, prior art is provided for this limitation with respect to Ecker, below. See Levin at ¶ 78: Simultaneously with that or in determined period of time, first communication device 211 may send to STS 202 a transaction authorization request, which is an example of a first message 221 containing the transaction data, a transaction authorization token, identifier, timestamp. See also ¶ 78: the first message may be encrypted using the temporary payee SAP and the public key.)
receiving, at the server from a second mobile device associated with the payee, a second set of encrypted data, [[wherein the second set of encrypted data is generated by the contactless card in response to a second interaction with the second mobile device; and]] (Examiner’s Note: the claim limitation “wherein the second set of encrypted data is generated by the contactless card in response to a second interaction with the second mobile device; and” has been considered and determined to be outside the scope of the claim as the method covers the steps performed by the server while this limitation concerns steps performed by a contactless card. Therefore, it fails to distinguish over the prior art. However, for compact prosecution purposes, prior art is provided for this limitation with respect to Ecker, below. See Levin at ¶ 78: Second communication device 205 may forward the transaction authorization request to STS 202 in a transaction confirmation message, which is an example of a second message 222. See also ¶ 78: Second mobile device 205 forwards the authentication token in a second authentication confirmation message of second communication 222 to STS 202; the message may contain the payer identification and correspondent timestamp and may be encrypted using the payer private key and SAP.)
authorizing the transfer of funds from the payor's account to the payee's account. (see Levin at ¶ 78: At STS 202, the transaction may be authorized based on a sequence of first and second transaction message receiving, a receiving time difference, transaction message content match.)
However, Levin fails to disclose but Lavender, an analogous art of validating transaction cryptograms, discloses:
validating, by the server, the first set of encrypted data to verify authenticity of the contactless card; (see Lavender at ¶ 124: Alternatively, the interaction processing computer 550 can decrypt the cryptogram (e.g., reverse the cryptographic algorithm used to generate the cryptogram) using the first key and determine whether transaction details from the decrypted cryptogram match the received transaction details.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that the cryptograms are verified using the techniques disclosed in Lavender. One of ordinary skill in the art would have been motivated to do so to increase the security of the transaction.
However, the combination of Levin and Lavender fails to disclose but Ecker, an analogous art of commercial transactions, discloses:
wherein the first set of encrypted data is generated by a contactless card associated with the payor's account in response to a first interaction with the first mobile device; (see Ecker at ¶ 81: Upon receipt of the Generate Application Cryptogram command, the payment card 212 may generate an online Application Request Cryptogram (ARQC) by (i) generating a session key by applying the payment card's cryptographic master key and the transaction counter as inputs to a cryptographic algorithm, and (ii) applying the session key, the primary account number, and the authorization amount as inputs to the cryptographic algorithm.)
wherein the second set of encrypted data is generated by the contactless card in response to a second interaction with the second mobile device; (see Ecker at ¶ 81: Upon receipt of the Generate Application Cryptogram command, the payment card 212 may generate an online Application Request Cryptogram (ARQC) by (i) generating a session key by applying the payment card's cryptographic master key and the transaction counter as inputs to a cryptographic algorithm, and (ii) applying the session key, the primary account number, and the authorization amount as inputs to the cryptographic algorithm.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that contactless cards were used to generate the cryptograms transmitted to the server in Levin using the techniques disclosed in Ecker. One of ordinary skill in the art would have been motivated to do so to enable users to use a contactless card for payment.
Per Claim 9: Claim 9 recites subject matter similar to that discussed above in connection with claim 2, and does so in the context of a machine. Claim 9 further recites and Levin further discloses:
A computing apparatus comprising: a processor; and a memory storing instructions that, when executed by the processor, cause the processor to: (see Levin at ¶ 36: For example, a module may be, but is not limited to being, a part of a computer, smartphone, or other device, a processor or a plurality of processors, a memory including storage (hard-drive disk, flash memory or other type of storage) and operative memory (on optical, solid state, and/or magnetic storage medium), a process running on a processor (a thread of execution or multiple threads), a computer program or an object of a program in a memory, etc.)
Per Claim 17: Claim 17 recites subject matter similar to that discussed above in connection with claim 2, and does so in the context of a non-transitory computer-readable storage medium which Levin discloses (see ¶ 36: For example, a module may be, but is not limited to being, a part of a computer, smartphone, or other device, a processor or a plurality of processors, a memory including storage (hard-drive disk, flash memory or other type of storage) and operative memory (on optical, solid state, and/or magnetic storage medium), a process running on a processor (a thread of execution or multiple threads), a computer program or an object of a program in a memory, etc.)
Per Claim 3: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 2, from which claim 3 depends. However, Levin fails to disclose but Lavender discloses:
before authorizing the transfer of funds, validating, by the server, the second set of encrypted data, wherein authorizing the transfer of funds is based on validating the first set of encrypted data and validating the second set of encrypted data. (see Lavender at ¶ 125: Alternatively, the interaction processing computer 550 can decrypt the cryptogram (e.g., reverse the cryptographic algorithm used to generate the cryptogram) using the second key and determine whether transaction details from the decrypted cryptogram match the received transaction details. See also ¶ 127: If the validations of step S520 are successful, the interaction processing computer 550 may authorize the transaction, seek authorization from another entity, and/or otherwise proceed with transaction processing.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that the cryptogram received from the payee device is validated using the techniques disclosed in Lavender. One of ordinary skill in the art would have been motivated to do so to increase the security of the transaction.
Per Claim 4: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 3, from which claim 4 depends. However, the combination of Levin and Lavender fails to disclose but Ecker discloses:
generating, by the server, a first diversified key based on encrypting a master key of the contactless card and a first counter value; and (see Ecker at ¶ 35: The payment card 212 stores a primary account number that is uniquely associated with the payment card 212 by the card issuer, and may also store a respective cryptographic master key. The payment card 212 may also maintain a transaction counter which the payment card 212 increments for each online authorization request generated by the payment card 212.)
generating, by the server, a second diversified key based on encrypting the master key and a second counter value; (see Ecker at ¶ 83: At step S322, the issuer server 300 may verify that the payment card 212 generated the online cryptogram ARQC from the authorization amount. To do so, the issuer server 300 may (i) recover the payment card's session key by applying the payment card's cryptographic master key and transaction counter as inputs to the cryptographic algorithm)
wherein the first set of encrypted data is validated using the first diversified key, (see Ecker at ¶ 83: At step S322, the issuer server 300 may verify that the payment card 212 generated the online cryptogram ARQC from the authorization amount.)
wherein the second set of encrypted data is validated using the second diversified key. (see Ecker at ¶ 83: At step S322, the issuer server 300 may verify that the payment card 212 generated the online cryptogram ARQC from the authorization amount.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that a diversified key is used to generate the cryptograms using the techniques disclosed in Ecker. One of ordinary skill in the art would have been motivated to do so to increase the security of the transaction.
Per Claim 5: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 4, from which claim 5 depends. However, Levin fails to disclose but Lavender discloses:
validating the first set of encrypted data comprises: decrypting, by the server, the first set of encrypted data using the first diversified key to yield a customer identifier; and (see Lavender at ¶ 124: Alternatively, the interaction processing computer 550 can decrypt the cryptogram (e.g., reverse the cryptographic algorithm used to generate the cryptogram) using the first key and determine whether transaction details from the decrypted cryptogram match the received transaction details. See also ¶ 112: For example, inputs for generating the cryptogram can include the payment amount, the sender payment token, a nonce (which may be generated at the time of transaction initiation), a random number, a timestamp, a counter, and/or any other suitable information.)
determining, by the server, that the customer identifier yielded from decrypting the first set of encrypted data matches a customer identifier associated with the payor's account; and (see Lavender at ¶ 125: Alternatively, the interaction processing computer 550 can decrypt the cryptogram (e.g., reverse the cryptographic algorithm used to generate the cryptogram) using the second key and determine whether transaction details from the decrypted cryptogram match the received transaction details. See also ¶ 118: The cryptogram can be generated using a cryptographic key (e.g., a symmetric key), any suitable cryptographic algorithm and one or more transaction-related details. For example, inputs for generating the cryptogram can include the receiver's payment token (or other account information), the payment amount, a nonce, a random number, a timestamp, and/or any other suitable information. The cryptogram can further be generated using information about the receiver, such as a receiver alias, a receiver contact address (e.g., an email address or a phone number), a wallet identifier, or a device identifier. Additional inputs for the cryptogram can include information about the sender, such as any sender information that was sent to the receiver device 520 by the digital wallet computer 515. This can include the sender's payment token, the sender's digital wallet identifier, a sender device ID, a sender alias, and/or sender contact information (e.g., a phone number or email address).)
validating the second set of encrypted data comprises: decrypting, by the server, the second set of encrypted data using the second diversified key to yield a customer identifier; and (see Lavender at ¶ 124: Alternatively, the interaction processing computer 550 can decrypt the cryptogram (e.g., reverse the cryptographic algorithm used to generate the cryptogram) using the first key and determine whether transaction details from the decrypted cryptogram match the received transaction details. See also ¶ 112: For example, inputs for generating the cryptogram can include the payment amount, the sender payment token, a nonce (which may be generated at the time of transaction initiation), a random number, a timestamp, a counter, and/or any other suitable information.)
determining, by the server, that the customer identifier yielded from decrypting the second set of encrypted data matches the customer identifier associated with the payor's account. (see Lavender at ¶ 125: Alternatively, the interaction processing computer 550 can decrypt the cryptogram (e.g., reverse the cryptographic algorithm used to generate the cryptogram) using the second key and determine whether transaction details from the decrypted cryptogram match the received transaction details. See also ¶ 118: The cryptogram can be generated using a cryptographic key (e.g., a symmetric key), any suitable cryptographic algorithm and one or more transaction-related details. For example, inputs for generating the cryptogram can include the receiver's payment token (or other account information), the payment amount, a nonce, a random number, a timestamp, and/or any other suitable information. The cryptogram can further be generated using information about the receiver, such as a receiver alias, a receiver contact address (e.g., an email address or a phone number), a wallet identifier, or a device identifier. Additional inputs for the cryptogram can include information about the sender, such as any sender information that was sent to the receiver device 520 by the digital wallet computer 515. This can include the sender's payment token, the sender's digital wallet identifier, a sender device ID, a sender alias, and/or sender contact information (e.g., a phone number or email address).)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that cryptograms are validated to the correct payor account using the techniques disclosed in Lavender. One of ordinary skill in the art would have been motivated to do so to increase the security of the transaction.
Per Claim 6: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 4, from which claim 6 depends. However, the combination of Levin and Lavender fails to disclose but Ecker discloses:
wherein the first set of encrypted data comprises a message authentication code (MAC) cryptogram generated by an instance of the first diversified key on the contactless card, wherein the second set of encrypted data comprises a MAC cryptogram generated by an instance of the second diversified key on the contactless card. (see Ecker at ¶¶ 81-83: Upon receipt of the Generate Application Cryptogram command, the payment card 212 may generate an online Application Request Cryptogram (ARQC) by (i) generating a session key by applying the payment card's cryptographic master key and the transaction counter as inputs to a cryptographic algorithm, and (ii) applying the session key, the primary account number, and the authorization amount as inputs to the cryptographic algorithm. The payment card 212 may transmit the online cryptogram ARQC to the POS terminal 200, at step S318. The transaction processor 224 may generate an Authorization Request message that includes the primary account number, the authorization amount, and the online cryptogram ARQC, and forward the Authorization Request message to the acquirer server 270 via the merchant's local area network and the acquirer network 106. At step S320, the acquirer server 270 may direct the Authorization Request message to the issuer server 300, over the payment network 108, for validation. At step S322, the issuer server 300 may verify that the payment card 212 generated the online cryptogram ARQC from the authorization amount. To do so, the issuer server 300 may (i) recover the payment card's session key by applying the payment card's cryptographic master key and transaction counter as inputs to the cryptographic algorithm, (ii) decrypt the online cryptogram ARQC with the recovered session key, (iii) compute a message authentication code from the primary account number and the authorization amount, and (iv) compare the computed message authentication code against the decrypted cryptogram.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that both of the cryptograms include a message authentication code as disclosed in Ecker. One of ordinary skill in the art would have been motivated to do so to increase the security of the transaction.
Per Claim 7: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 2, from which claim 7 depends. However, Levin fails to disclose but Lavender discloses:
receiving, by the server from the first mobile device, an indication that the payor's account has been authenticated based on received input comprising one or more of a username and a password for the first account, or biometric credentials for the payor's account; and (see Lavender at ¶ 108: To login to the coordination application and/or enable the payment functionality at the sender device 510, the sender may provide authentication information. For example, the sender may enter a PIN or password, or provide bio-authentication information such as a fingerprint or eye scan.)
receiving, by the server from the second mobile device, an indication that the payee's account has been authenticated based on received input comprising one or more of a username and a password for the second account, or biometric credentials for the payee's account. (see Lavender at ¶ 115: At step S510, the receiver may activate a coordination application on the receiver device 520 and review the payment notification. The receiver may affirm that the payment should be accepted (e.g., by selecting an “accept” option). In order to accept, the receiver may be prompted to self-authenticate. The receiver may then proceed to enter a PIN or password, or provide bio-authentication information such as a fingerprint or eye scan.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that that payer and payee must authenticate using the techniques disclosed in Lavender. One of ordinary skill in the art would have been motivated to do so to increase the security of the transaction.
Per Claim 8: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 2, from which claim 8 depends. Levin further discloses:
determining, by the server, that the second set of encrypted data is received within a threshold amount of time of receiving the first set of encrypted data, wherein the server authorizes the transfer of funds based on the determination that the second set of encrypted data is received within the threshold amount of time. (see Levin at ¶ 86: Processing may continue from block S42 to decision blocks S43A, S43B. At block S43A, the STS may determine a receiving sequence the first receiving time t1 and the second receiving time t2 and receiving time difference between t2 and t1. If receiving time sequence is t2>=t1 and receiving time difference t2−t1<=t0, where t0 is an allowable receiving time difference threshold, then authentication tokens match in the first and second messages is verified (block S43B). For example, dependently on the forwarding delay, t0=30 ms. If one of the condition above is not fulfilled, the STS may reject the authentication request (block S44A). The STS may authenticate the originating communication device (block S44B) in a case if the sequence of the receiving is the second communication not before the first communication, the difference of the receiving times is not exceeded the allowable receiving time difference threshold t0, and the authentication tokens are matched. In some examples, the forwarding delay variation is t0/2. Then, at the simultaneous sending times by the originating communication device 211, the receiving time difference condition at box S43A may be read as asymmetric (depending on the sequence of receiving) one: −t0/2<=t2−t1<=3t0/2. In some examples, the sending time difference may be t0/2, then the receiving time difference condition at box S43A may be read as: 0<=t 2 −t 1<=2t 0.)
Per Claim 10: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 9, from which claim 10 depends. Levin further discloses:
wherein the first set of encrypted data is received from an application executing on the first mobile device, wherein the second set of encrypted data is received from an application executing on the second mobile device. (see Levin at ¶ 78: Simultaneously with that or in determined period of time, first communication device 211 may send to STS 202 a transaction authorization request, which is an example of a first message 221 containing the transaction data, a transaction authorization token, identifier, timestamp. Second communication device 205 may forward the transaction authorization request to STS 202 in a transaction confirmation message, which is an example of a second message 222.)
Per Claim 11: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 10, from which claim 11 depends. Levin further discloses:
process the transfer of funds from the payor's account to the payee's account; and (see Levin at ¶ 78: At STS 202, the transaction may be authorized based on a sequence of first and second transaction message receiving, a receiving time difference, transaction message content match.)
However, Levin fails to disclose but Lavender discloses:
send, to the application executing on the first mobile device and to the application executing on the second mobile device, confirmation the funds are being transferred. (see Lavender at ¶ 136: Then, at step S538, the coordination computer 515 can notify the sender that the transfer was completed (e.g., by sending a message to a coordination application on the sender device 510). Additionally, at step S540, the coordination computer 515 can notify the receiver that the transfer was completed (e.g., by sending a message to a coordination application on the receiver device 520).)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that the payer and payee are notified of completion of the transaction using the techniques disclosed in Lavender. One of ordinary skill in the art would have been motivated to do so to keep the relevant parties to the transaction informed of the status of the transaction.
Per Claim 12: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 9, from which claim 12 depends. However, the combination of Levin and Lavender fails to disclose but Ecker discloses:
increment, in response to receiving the first set of encrypted data, a counter value associated with the contactless card to generate a first counter value associated with the contactless card; (see Ecker at ¶ 35: The payment card 212 stores a primary account number that is uniquely associated with the payment card 212 by the card issuer, and may also store a respective cryptographic master key. The payment card 212 may also maintain a transaction counter which the payment card 212 increments for each online authorization request generated by the payment card 212.)
generate a first diversified key based on encrypting a master key of the contactless card and the first counter value; (see Ecker at ¶ 35: The payment card 212 stores a primary account number that is uniquely associated with the payment card 212 by the card issuer, and may also store a respective cryptographic master key. The payment card 212 may also maintain a transaction counter which the payment card 212 increments for each online authorization request generated by the payment card 212.)
increment, in response to receiving the second set of encrypted data, the first counter value to generate a second counter value associated with the contactless card; and (see Ecker at ¶ 83: At step S322, the issuer server 300 may verify that the payment card 212 generated the online cryptogram ARQC from the authorization amount. To do so, the issuer server 300 may (i) recover the payment card's session key by applying the payment card's cryptographic master key and transaction counter as inputs to the cryptographic algorithm)
generate a second diversified key based on encrypting the master key and the second counter value. (see Ecker at ¶ 83: At step S322, the issuer server 300 may verify that the payment card 212 generated the online cryptogram ARQC from the authorization amount. To do so, the issuer server 300 may (i) recover the payment card's session key by applying the payment card's cryptographic master key and transaction counter as inputs to the cryptographic algorithm)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that diversified keys are used to generate the cryptograms using the techniques disclosed in Ecker. One of ordinary skill in the art would have been motivated to do so to increase the security of the transaction.
Per Claim 13: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 12, from which claim 13 depends. However, the combination of Levin and Lavender fails to disclose but Ecker discloses:
wherein the first set of encrypted data is validated using the first diversified key, wherein the second set of encrypted data is validated using the second diversified key. (see Ecker at ¶ 83: At step S322, the issuer server 300 may verify that the payment card 212 generated the online cryptogram ARQC from the authorization amount. To do so, the issuer server 300 may (i) recover the payment card's session key by applying the payment card's cryptographic master key and transaction counter as inputs to the cryptographic algorithm, (ii) decrypt the online cryptogram ARQC with the recovered session key, (iii) compute a message authentication code from the primary account number and the authorization amount, and (iv) compare the computed message authentication code against the decrypted cryptogram.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that the cryptograms are validated using the respective keys using the techniques disclosed in Ecker. One of ordinary skill in the art would have been motivated to do so to increase the security of the transaction.
Per Claim 14: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 12, from which claim 14 depends. However, the combination of Levin and Lavender fails to disclose but Ecker discloses:
wherein the first and second counter values are synchronized between the contactless card and the server. (see Ecker at ¶ 30: Each issuer server 300 may also maintain, for each payment card 212 issued by the card issuer, a respective cryptographic master key and also a transaction counter which the issuer server 300 increments in response to each online authorization request received from the associated payment card 212.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that the counter is incremented at both the payment token/card as well as the serving using the techniques disclosed in Ecker. One of ordinary skill in the art would have been motivated to do so to ensure that the server has the correct decryption key to successfully decrypt the received cryptograms.
Per Claim 15: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 9, from which claim 15 depends. Levin further discloses:
start a timer responsive to receiving the first set of encrypted data from the first mobile device, (see Levin at ¶ 86: Processing may continue from block S42 to decision blocks S43A, S43B. At block S43A, the STS may determine a receiving sequence the first receiving time t1 and the second receiving time t2 and receiving time difference between t2 and t1. If receiving time sequence is t2>=t1 and receiving time difference t2−t1<=t0, where t0 is an allowable receiving time difference threshold, then authentication tokens match in the first and second messages is verified (block S43B). For example, dependently on the forwarding delay, t0=30 ms. If one of the condition above is not fulfilled, the STS may reject the authentication request (block S44A). The STS may authenticate the originating communication device (block S44B) in a case if the sequence of the receiving is the second communication not before the first communication, the difference of the receiving times is not exceeded the allowable receiving time difference threshold t0, and the authentication tokens are matched. In some examples, the forwarding delay variation is t0/2. Then, at the simultaneous sending times by the originating communication device 211, the receiving time difference condition at box S43A may be read as asymmetric (depending on the sequence of receiving) one: −t0/2<=t2−t1<=3t0/2. In some examples, the sending time difference may be t0/2, then the receiving time difference condition at box S43A may be read as: 0<=t 2 −t 1<=2t 0.)
wherein the server determines that the second set of encrypted data is received from the second mobile device within a threshold amount of time of receiving the first set of encrypted data based on the timer. (see Levin at ¶ 86: Processing may continue from block S42 to decision blocks S43A, S43B. At block S43A, the STS may determine a receiving sequence the first receiving time t1 and the second receiving time t2 and receiving time difference between t2 and t1. If receiving time sequence is t2>=t1 and receiving time difference t2−t1<=t0, where t0 is an allowable receiving time difference threshold, then authentication tokens match in the first and second messages is verified (block S43B). For example, dependently on the forwarding delay, t0=30 ms. If one of the condition above is not fulfilled, the STS may reject the authentication request (block S44A). The STS may authenticate the originating communication device (block S44B) in a case if the sequence of the receiving is the second communication not before the first communication, the difference of the receiving times is not exceeded the allowable receiving time difference threshold t0, and the authentication tokens are matched. In some examples, the forwarding delay variation is t0/2. Then, at the simultaneous sending times by the originating communication device 211, the receiving time difference condition at box S43A may be read as asymmetric (depending on the sequence of receiving) one: −t0/2<=t2−t1<=3t0/2. In some examples, the sending time difference may be t0/2, then the receiving time difference condition at box S43A may be read as: 0<=t 2 −t 1<=2t 0.)
Per Claim 16: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 15, from which claim 16 depends. Levin further discloses:
wherein authorizing the transfer of funds is based upon the determination that the second set of encrypted data is received within a threshold amount of time of receiving the first set of encrypted data. (see Levin at ¶ 86: Processing may continue from block S42 to decision blocks S43A, S43B. At block S43A, the STS may determine a receiving sequence the first receiving time t1 and the second receiving time t2 and receiving time difference between t2 and t1. If receiving time sequence is t2>=t1 and receiving time difference t2−t1<=t0, where t0 is an allowable receiving time difference threshold, then authentication tokens match in the first and second messages is verified (block S43B). For example, dependently on the forwarding delay, t0=30 ms. If one of the condition above is not fulfilled, the STS may reject the authentication request (block S44A). The STS may authenticate the originating communication device (block S44B) in a case if the sequence of the receiving is the second communication not before the first communication, the difference of the receiving times is not exceeded the allowable receiving time difference threshold t0, and the authentication tokens are matched. In some examples, the forwarding delay variation is t0/2. Then, at the simultaneous sending times by the originating communication device 211, the receiving time difference condition at box S43A may be read as asymmetric (depending on the sequence of receiving) one: −t0/2<=t2−t1<=3t0/2. In some examples, the sending time difference may be t0/2, then the receiving time difference condition at box S43A may be read as: 0<=t 2 −t 1<=2t 0.)
Per Claim 18: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 17, from which claim 18 depends. However, the combination of Levin and Lavender fails to disclose but Ecker discloses:
increment, in response to receiving the first set of encrypted data, a counter value associated with the contactless card to generate a first counter value associated with the contactless card; (see Ecker at ¶ 35: The payment card 212 stores a primary account number that is uniquely associated with the payment card 212 by the card issuer, and may also store a respective cryptographic master key. The payment card 212 may also maintain a transaction counter which the payment card 212 increments for each online authorization request generated by the payment card 212.)
generate a first diversified key based on encrypting a master key of the contactless card and the first counter value; (see Ecker at ¶ 35: The payment card 212 stores a primary account number that is uniquely associated with the payment card 212 by the card issuer, and may also store a respective cryptographic master key. The payment card 212 may also maintain a transaction counter which the payment card 212 increments for each online authorization request generated by the payment card 212.)
increment, in response to receiving the second set of encrypted data, the first counter value to generate a second counter value associated with the contactless card; and (see Ecker at ¶ 83: At step S322, the issuer server 300 may verify that the payment card 212 generated the online cryptogram ARQC from the authorization amount. To do so, the issuer server 300 may (i) recover the payment card's session key by applying the payment card's cryptographic master key and transaction counter as inputs to the cryptographic algorithm)
generate a second diversified key based on encrypting the master key and the second counter value. (see Ecker at ¶ 83: At step S322, the issuer server 300 may verify that the payment card 212 generated the online cryptogram ARQC from the authorization amount. To do so, the issuer server 300 may (i) recover the payment card's session key by applying the payment card's cryptographic master key and transaction counter as inputs to the cryptographic algorithm)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that diversified keys are used to generate the cryptograms using the techniques disclosed in Ecker. One of ordinary skill in the art would have been motivated to do so to increase the security of the transaction.
Per Claim 21: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 17, from which claim 21 depends. Levin further discloses:
start a timer responsive to receiving the first set of encrypted data from the first mobile device, (see Levin at ¶ 86: Processing may continue from block S42 to decision blocks S43A, S43B. At block S43A, the STS may determine a receiving sequence the first receiving time t1 and the second receiving time t2 and receiving time difference between t2 and t1. If receiving time sequence is t2>=t1 and receiving time difference t2−t1<=t0, where t0 is an allowable receiving time difference threshold, then authentication tokens match in the first and second messages is verified (block S43B). For example, dependently on the forwarding delay, t0=30 ms. If one of the condition above is not fulfilled, the STS may reject the authentication request (block S44A). The STS may authenticate the originating communication device (block S44B) in a case if the sequence of the receiving is the second communication not before the first communication, the difference of the receiving times is not exceeded the allowable receiving time difference threshold t0, and the authentication tokens are matched. In some examples, the forwarding delay variation is t0/2. Then, at the simultaneous sending times by the originating communication device 211, the receiving time difference condition at box S43A may be read as asymmetric (depending on the sequence of receiving) one: −t0/2<=t2−t1<=3t0/2. In some examples, the sending time difference may be t0/2, then the receiving time difference condition at box S43A may be read as: 0<=t 2 −t 1<=2t 0.)
wherein the server determines that the second set of encrypted data is received from the second mobile device within a threshold amount of time of receiving the first set of encrypted data based on the timer. (see Levin at ¶ 86: Processing may continue from block S42 to decision blocks S43A, S43B. At block S43A, the STS may determine a receiving sequence the first receiving time t1 and the second receiving time t2 and receiving time difference between t2 and t1. If receiving time sequence is t2>=t1 and receiving time difference t2−t1<=t0, where t0 is an allowable receiving time difference threshold, then authentication tokens match in the first and second messages is verified (block S43B). For example, dependently on the forwarding delay, t0=30 ms. If one of the condition above is not fulfilled, the STS may reject the authentication request (block S44A). The STS may authenticate the originating communication device (block S44B) in a case if the sequence of the receiving is the second communication not before the first communication, the difference of the receiving times is not exceeded the allowable receiving time difference threshold t0, and the authentication tokens are matched. In some examples, the forwarding delay variation is t0/2. Then, at the simultaneous sending times by the originating communication device 211, the receiving time difference condition at box S43A may be read as asymmetric (depending on the sequence of receiving) one: −t0/2<=t2−t1<=3t0/2. In some examples, the sending time difference may be t0/2, then the receiving time difference condition at box S43A may be read as: 0<=t 2 −t 1<=2t 0.)
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Levin, Lavender, and Ecker as applied to claim 18 above, and further in view of U.S. Patent No. 8,616,441 to Mastrangelo et al.
Per Claim 19: The combination of Levin, Lavender, and Ecker discloses the subject matter of claim 18, from which claim 19 depends. However, the combination of Levin, Lavender, and Ecker fails to disclose but Mastrangelo, an analogous art of transaction counters, discloses:
wherein the first set of encrypted data and the second set of encrypted data comprise a first transaction counter and a second transaction counter, respectively, wherein the instructions further cause the processor to compare the first transaction counter with the first counter value and the second transaction counter with the second counter value, wherein the transfer of the funds is authorized based on the comparisons. (see Mastrangelo at 22:36-54: from one of a plurality of transaction counters stored on the contactless transaction device, receiving a first transaction counter value corresponding to the at least one payment option selection via the contactless transaction reader; based at least in part on the received account information and at least one payment option selection, activating a corresponding transaction application program and retrieving, from the one of the plurality of transaction counters stored on the contactless transaction device, a second transaction counter value corresponding to the transaction application program; comparing the first transaction counter value and the second transaction counter value based at least in part on the comparison, determining whether to authorize a transaction associated with the account information; and manipulating the first and second transaction counter values by the same increment.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that transaction counters are used to validate the transaction using the techniques disclosed in Mastrangelo. One of ordinary skill in the art would have been motivated to do so to increase the security of the transaction.
Per Claim 20: The combination of Levin, Lavender, Ecker, and Mastrangelo discloses the subject matter of claim 19, from which claim 20 depends. However, the combination of Levin and Lavender fails to disclose but Ecker discloses:
wherein the first set of encrypted data comprises a message authentication code (MAC) cryptogram including the first transaction counter, (see Ecker at ¶¶ 81-83: Upon receipt of the Generate Application Cryptogram command, the payment card 212 may generate an online Application Request Cryptogram (ARQC) by (i) generating a session key by applying the payment card's cryptographic master key and the transaction counter as inputs to a cryptographic algorithm, and (ii) applying the session key, the primary account number, and the authorization amount as inputs to the cryptographic algorithm. The payment card 212 may transmit the online cryptogram ARQC to the POS terminal 200, at step S318. The transaction processor 224 may generate an Authorization Request message that includes the primary account number, the authorization amount, and the online cryptogram ARQC, and forward the Authorization Request message to the acquirer server 270 via the merchant's local area network and the acquirer network 106. At step S320, the acquirer server 270 may direct the Authorization Request message to the issuer server 300, over the payment network 108, for validation. At step S322, the issuer server 300 may verify that the payment card 212 generated the online cryptogram ARQC from the authorization amount. To do so, the issuer server 300 may (i) recover the payment card's session key by applying the payment card's cryptographic master key and transaction counter as inputs to the cryptographic algorithm, (ii) decrypt the online cryptogram ARQC with the recovered session key, (iii) compute a message authentication code from the primary account number and the authorization amount, and (iv) compare the computed message authentication code against the decrypted cryptogram.)
wherein the second set of encrypted data comprises a MAC cryptogram including the second transaction counter. (see Ecker at ¶¶ 81-83: Upon receipt of the Generate Application Cryptogram command, the payment card 212 may generate an online Application Request Cryptogram (ARQC) by (i) generating a session key by applying the payment card's cryptographic master key and the transaction counter as inputs to a cryptographic algorithm, and (ii) applying the session key, the primary account number, and the authorization amount as inputs to the cryptographic algorithm. The payment card 212 may transmit the online cryptogram ARQC to the POS terminal 200, at step S318. The transaction processor 224 may generate an Authorization Request message that includes the primary account number, the authorization amount, and the online cryptogram ARQC, and forward the Authorization Request message to the acquirer server 270 via the merchant's local area network and the acquirer network 106. At step S320, the acquirer server 270 may direct the Authorization Request message to the issuer server 300, over the payment network 108, for validation. At step S322, the issuer server 300 may verify that the payment card 212 generated the online cryptogram ARQC from the authorization amount. To do so, the issuer server 300 may (i) recover the payment card's session key by applying the payment card's cryptographic master key and transaction counter as inputs to the cryptographic algorithm, (ii) decrypt the online cryptogram ARQC with the recovered session key, (iii) compute a message authentication code from the primary account number and the authorization amount, and (iv) compare the computed message authentication code against the decrypted cryptogram.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Levin so that both of the cryptograms include a message authentication code as disclosed in Ecker. One of ordinary skill in the art would have been motivated to do so to increase the security of the transaction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Pub. No. 2017/0357965 discloses a system and method for generating and transmitting tokenized payment information. In one example, the method includes transmitting a request for payment information to a payment network, receiving tokenized payment information of a payment account from the payment network, and transmitting the tokenized payment information to a merchant. According to various exemplary embodiments, the tokenized payment information may include a tokenized account number representing an account number of the payment account and a tokenized credential representing an additional credential of the payment account.
U.S. Patent Pub. No. 2019/0199714 discloses systems and methods are provided for use in provisioning a biometric image template of a user to a card device associated with the user. One exemplary method includes authenticating, by a card device, a portable communication device associated with the user based on a certificate associated with the portable communication device and receiving, at the card device, a biometric image of the user from the portable communication device after the portable communication device is authenticated. The method then includes storing, by the card device, the biometric image of the user in a memory of the card device as a biometric image template of the user, whereby the user may be authenticated, by the card device, based on a subsequent biometric image matching the biometric image template.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NILESH B KHATRI whose telephone number is (571)270-7083. The examiner can normally be reached 8:30 AM - 5:30 PM Monday-Friday, alternating Fridays off.
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/NILESH B KHATRI/Primary Examiner, Art Unit 3699