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 .
Status of Claims
This communication is responsive to the submission filed May 20, 2026.
Claims 2, 4, 9, 12, and 17-18 are amended.
Claim 1 is canceled.
Claims 2-21 are pending.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on April 17, 2026, is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) has/have been considered by the examiner.
Response to Remarks
35 U.S.C. § 101
Applicant contends that the claims are directed towards patent eligible subject matter. First, Applicant contends that the claims do not recite an abstract idea. Examiner respectfully disagrees. The claims, as a whole, are directed towards the abstract idea of validating transaction details and then authorizing a transfer of funds from a payor to a payee based on the validated transaction details. Such subject matter falls within the Certain Methods of Organizing Human Activities, such as commercial interactions. Therefore, Applicant’s contention that the claims do not fall within an abstract idea category is unpersuasive.
Applicant also contends that the claims recite a practical application of the abstract ideas. Examiners evaluate integration into a practical application by: (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and (2) evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical application. See MPEP 2106.04(d)(II). Here, Applicant contends that the first set of encrypted data, the second set of encrypted data, and a key associated with a payment card are additional elements. Examiner respectfully disagrees. The first and second sets of encrypted data are transaction data received from a buyer and seller, respectively. Further, the key is used to generally validate the encrypted data. In other words, the validation performed using the key, as currently recited, are sufficiently general that, under the broadest reasonable interpretation, may be performed very simply, i.e., without a technical implementation. Therefore, Applicant’s contention that the claims recite a practical application of the abstract ideas is unpersuasive.
Applicant also contends that the claims recite significantly more than the abstract ideas. Examiners should answer this question by first identifying whether there are any additional elements (features/limitations/steps) recited in the claim beyond the judicial exception(s), and then evaluating those additional elements individually and in combination to determine whether they contribute an inventive concept (i.e., amount to significantly more than the judicial exception(s)). See MPEP 2106.05(II). Here, as noted above, the claim limitations Applicant contends are additional elements are abstract ideas. Therefore, they cannot serve as a basis to recite significantly more than the abstract ideas. Therefore, Applicant’s contention is unpersuasive.
Accordingly, this ground of rejection is maintained.
35 U.S.C. § 103
Applicant’s arguments, see pp. 14-16, filed May 20, 2026, with respect to claims 2-21 have been fully considered and are persuasive. The rejection of February 20, 2026, has been withdrawn.
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 using a key associated with 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;
Claim 1: receiving, by the server, a second cryptogram generated by the authentication applet of the contactless card;
validating, by the server, the second set of encrypted data using the key associated with the contactless card;
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 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 using a key associated with 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;
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;
validating, by the server, the second set of encrypted data using the key associated with the contactless card;
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 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 using a key associated with 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;
validating, by the server, the second set of encrypted data using the key associated with the contactless card;
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;
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 and validates the second set of encrypted data using the key. 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 using a key associated with 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;
validating, by the server, the second set of encrypted data using the key associated with the contactless card; 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Pub. No. 2005/0010535 discloses a method for verifying an anonymous payment by a defined party in a communication system providing a public key infrastructure. The method comprising the steps of (a) receiving a validation message from a merchant party, the validation message comprising a proof signature produced by a customer party and an encrypted payment message, the proof signature being derived from a customer secret key, a customer certificate, at least one customer attribute, and the encrypted payment message; (b) verifying the validity of the proof signature based on an issuing public key, a verification public key, and the encrypted payment message; (c) decrypting at least part of the encrypted payment message based on a verification secret key corresponding to the verification public key, thereby obtaining a customer information related to the at least one customer attribute. In the event of the validity of the proof signature (d) the obtained customer information is used for initializing the authorization of the payment.
U.S. Patent Pub. No. 2011/0208658 discloses a method and a server computer are provided for authenticating a cardholder account. The server computer implements the method, which includes obtaining a first identifier and a cryptogram from a first entity, identifying an issuer associated with the cardholder account, forwarding the first account identifier and the cryptogram to a second entity for validation, receiving a second identifier from the second entity, and sending the second identifier to the first entity. The first identifier can be associated with the cardholder account. The second identifier can be generated by the second entity and associated with a validated form of the first identifier.
U.S. Patent Pub. No. 2014/0108263 discloses systems, methods, and non-transient machine-interpretable data representing executable instruction sets and/or other products for the processing of data for the secure creation, administration, manipulation, processing, and storage of electronic data useful in the processing of payment transactions and other secure data processes. In various aspects and embodiments the disclosure provides secure means for the authorization of sensitive and other data processes subject to controlled access. Such processes include, for example the creation, administration, authorization, virtualization, storage, and other manipulation or processing of electronic data representing characteristics of, instructions for, and information associated with consumer, business, and other payment accounts, and other forms of secure payment elements, such as payment tokens; and data useful in processing transactions using such accounts and elements. Information associated with particular payment means, such as accounts or payment tokens, can be stored, for example, in a data set, usually secure, sometimes referred to as a virtual or electronic wallet, or a secure payment token.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Neha Patel can be reached at (571) 270-1492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NILESH B KHATRI/Primary Examiner, Art Unit 3699
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