DETAILED ACTION
This Office Action is in response to Applicant’s Application filed on August 18, 2025. Claims 1-20 are pending and presented for examination.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/3/2025 and 1/9/2026 has been considered by the examiner.
Specification
3. The disclosure is objected to because of the following informalities: the status of the Cross Reference to Related Applications in paragraph 0001 needs to be updated.
Appropriate correction is required.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,395,319. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in U.S. Pat. No. 12,395,319 and would be covered by any patent granted since the U.S. Pat. No. 12,395,319 and the instant application are claiming common subject matter.
Instant Application 19/303,271
1. A method, comprising:
generating, by a user device, a data payload associated with a request for a data transfer; encrypting, by the user device, the data payload using the encryption key to generate an encrypted data payload;
encrypting, by the user device, the encryption key using a public key to generate an encrypted encryption key; and
receiving, by the user device authorization for the request for the data transfer in accordance with decryption, by another device, of the encrypted data payload and the encrypted encryption key.
2. The method of claim 1, wherein the user device is configured with a secure element, wherein the secure element is a separate hardware module configured for security and cryptography, and wherein the secure element is separate from an application processor on the user device.
3. The method of claim 2, wherein generating the encryption key and generating the encrypted data payload are performed by the secure element.
4. The method of claim 1, further comprising utilizing a kernel token to indicate that the another device has authorized the user device to generate one or more data payloads including the data payload.
5. The method of claim 4, further comprising: transmitting, to a server device, a reader token, the reader token including a first data associated with the user device and a second data associated with the another device;
receiving, from the server device, the kernel token, the kernel token indicative that the reader token is valid; and
transmitting, to the server device, a request for virtual terminal kernel configuration data, the request including the kernel token, wherein the virtual terminal kernel configuration data is used to configure a virtual terminal of the user device with the encryption key.
6. The method of claim 5, wherein the virtual terminal is associated with the secure element of the user device.
7. The method of claim 1, further comprising: receiving, from a server device, a session token, the session token indicative that the server device has authorized the user device to generate the data payload, the data payload to be processed by the another device; and validating the session token, wherein the request for the data transfer further includes the session token.
8. A user device, comprising: one or more memories; and one or more processors in communication with the one or more memories and configured to execute instructions stored in the one or more memories to cause the user device to:
generate, by the user device, a data payload associated with a request for a data transfer;
encrypt, by the user device, the data payload using the encryption key to generate an encrypted data payload; encrypt, by the user device, the encryption key using a public key to generate an encrypted encryption key; and receive, by the user device authorization for the request for the data transfer in accordance with decryption, by another device, of the encrypted data payload and the encrypted encryption key.
9. The computing device of claim 8, wherein the user device is configured with a secure element, wherein the secure element is a separate hardware module configured for security and cryptography, and wherein the secure element is separate from an application processor on the user device.
10. The computing device of claim 9, wherein generating the encryption key and generating the encrypted data payload are performed by the secure element.
11. The computing device of claim 8, wherein the one or more processors are further configured to utilize a kernel token to indicate that the another device has authorized the user device to generate one or more data payloads including the data payload.
12. The computing device of claim 11, wherein the one or more processors are further configured to:
transmit, to a server device, a reader token, the reader token including a first data associated with the user device and a second data associated with the another device; receive, from the server device, the kernel token, the kernel token indicative that the reader token is valid; and
transmit, to the server device, a request for virtual terminal kernel configuration data, the request including the kernel token, wherein the virtual terminal kernel configuration data is used to configure a virtual terminal of the user device with the encryption key.
13. The computing device of claim 8, wherein the one or more processors are further configured to:
receive, from a server device, a session token, the session token indicative that the server device has authorized the user device to generate the data payload, the data payload to be processed by the another server device; and
validate the session token, wherein the request for the data transfer further includes the session token.
14. The computing device of claim 8, wherein the second encryption key is exclusive to the secure element.
15. A non-transitory computer-readable storage medium having stored thereon program instructions that, when executed by one or more processors of a user device, cause the user device to perform operations comprising:
generating, by the user device, a data payload associated with a request for a data transfer;
encrypting, by the user device, the data payload using the encryption key to generate an encrypted data payload;
encrypting, by the user device, the encryption key using a public key to generate an encrypted encryption key; and
receiving, by the user device authorization for the request for the data transfer in accordance with decryption, by another device, of the encrypted data payload and the encrypted encryption key.
16. The non-transitory computer-readable storage medium of claim 15, wherein the user device is configured with a secure element, wherein the secure element is a separate hardware module configured for security and cryptography, and wherein the secure element is separate from an application processor on the user device.
17. The non-transitory computer-readable storage medium of claim 16, wherein generating the encryption key and generating the encrypted data payload are performed by the secure element.
18. The non-transitory computer-readable storage medium of claim 15, wherein operations further comprise utilizing a kernel token to indicate that the another device has authorized the user device to generate one or more data payloads including the data payload.
19. The non-transitory computer-readable storage medium of claim 18, wherein operations further comprise:
transmitting, to a server device, a reader token, the reader token including a first data associated with the user device and a second data associated with the another device; receiving, from the server device, the kernel token, the kernel token indicative that the reader token is valid; and
transmitting, to the server device, a request for virtual terminal kernel configuration data, the request including the kernel token, wherein the virtual terminal kernel configuration data is used to configure a virtual terminal of the user device with the encryption key.
20. The non-transitory computer-readable storage medium of claim 15, wherein operations further comprise:
receiving, from a server device, a session token, the session token indicative that the server device has authorized the user device to generate the data payload, the data payload to be processed by the another device; and
validating the session token, wherein the request for the data transfer further includes the session token.
U.S. Pat. No. 12,395,319
1. A method, comprising: receiving, by a user device and from a first server device, virtual terminal kernel configuration data, the virtual terminal kernel configuration data used to configure a virtual terminal of the user device with a first public encryption key, and the virtual terminal associated with a secure element of the user device; generating, by the user device, a data payload, the data payload associated with a request for a data transfer; generating, by the user device, a second encryption key; generating, by the user device, an encrypted data payload by encrypting the data payload with the second encryption key; generating, by the user device, an encrypted second encryption key by encrypting the second encryption key with the first public encryption key; requesting, by the user device, and from a second server device, authorization for the request for data transfer, the request for data transfer including the encrypted data payload and the encrypted second encryption key; and receiving, by the user device, and from the second server device, authorization for the request for data transfer, the second server device evaluating the data payload after the first server device decrypts the encrypted data payload and the encrypted second encryption key.
2. The method of claim 1, wherein the secure element is a part of the user device, wherein the secure element is a separate hardware module configured for security and cryptography, and wherein the secure element is separate from an application processor on the user device.
3. The method of claim 2, wherein generating the second encryption key and generating the encrypted data payload are performed by the secure element.
4. The method of claim 1, further comprising sending, to the first server device, a kernel token, the kernel token indicative that the second server device has authorized the user device to generate one or more data payloads.
5. The method of claim 4, further comprising: sending, to the first server device, a reader token, the reader token including a first data associated with the user device and a second data associated with the second server device; receiving, from the first server device, the kernel token, the kernel token indicative that the reader token is valid; and sending, to the first server device, a request for the virtual terminal kernel configuration data, the request including the kernel token.
6. The method of claim 1, further comprising: receiving, from the first server device, a session token, the session token indicative that the first server device has authorized the user device to generate the data payload, the data payload to be processed by the second server device; and validating the session token, and wherein the request for the data transfer from the server device further includes the session token.
7. The method of claim 1, wherein the second encryption key is only known by the secure element.
8. A computing device, comprising: one or more memories; and one or more processors in communication with the one or more memories and configured to execute instructions stored in the one or more memories to cause the computing device to: receive, by a user device and from a first server device, virtual terminal kernel configuration data, the virtual terminal kernel configuration data used to configure a virtual terminal of the user device with a first public encryption key, and the virtual terminal associated with a secure element of the user device; generate, by the user device, a data payload, the data payload associated with a request for a data transfer; generate, by the user device, a second encryption key; generate, by the user device, an encrypted data payload by encrypting the data payload with the second encryption key; generate, by the user device, an encrypted second encryption key by encrypting the second encryption key with the first public encryption key; request, by the user device, and from a second server device, authorization for the request for data transfer, the request for data transfer including the encrypted data payload and the encrypted second encryption key; and receive, by the user device, and from the second server device, authorization for the request for data transfer, the second server device evaluating the data payload after the first server device decrypts the encrypted data payload and the encrypted second encryption key.
9. The computing device of claim 8, wherein the secure element is a part of the user device, wherein the secure element is a separate hardware module configured for security and cryptography, and wherein the secure element is separate from an application processor on the user device.
10. The computing device of claim 9, wherein generating the second encryption key and generating the encrypted data payload are performed by the secure element.
11. The computing device of claim 8, wherein the one or more processors are further configured to send, to the first server device, a kernel token, the kernel token indicative that the second server device has authorized the user device to generate one or more data payloads.
12. The computing device of claim 11, wherein the one or more processors are further configured to: send, to the first server device, a reader token, the reader token including a first data associated with the user device and a second data associated with the second server device; receive, from the first server device, the kernel token, the kernel token indicative that the reader token is valid; and send, to the first server device, a request for the virtual terminal kernel configuration data, the request including the kernel token.
13. The computing device of claim 8, wherein the one or more processors are further configured to: receive, from the first server device, a session token, the session token indicative that the first server device has authorized the user device to generate the data payload, the data payload to be processed by the second server device; and validate the session token, and wherein the request for the data transfer from the server device further includes the session token.
14. The computing device of claim 8, wherein the second encryption key is only known by the secure element.
15. A non-transitory computer-readable storage medium having stored thereon program instructions that, when executed by one or more processors of a user device, cause the user device to perform operations comprising: receiving, from a first server device, virtual terminal kernel configuration data, the virtual terminal kernel configuration data used to configure a virtual terminal of the user device with a first public encryption key, and the virtual terminal associated with a secure element of the user device; generating a data payload, the data payload associated with a request for a data transfer; generating a second encryption key; generating an encrypted data payload by encrypting the data payload with the second encryption key; generating an encrypted second encryption key by encrypting the second encryption key with the first public encryption key; and requesting, from a second server device, authorization for the request for data transfer, the request for data transfer including the encrypted data payload and the encrypted second encryption key; receiving, from the second server device, authorization for the request for data transfer, the second server device evaluating the data payload after the first server device decrypts the encrypted data payload and the encrypted second encryption key.
16. The non-transitory computer-readable storage medium of claim 15, wherein the secure element is a part of the user device, wherein the secure element is a separate hardware module configured for security and cryptography, and wherein the secure element is separate from an application processor on the user device.
17. The non-transitory computer-readable storage medium of claim 16, wherein generating the second encryption key and generating the encrypted data payload are performed by the secure element.
18. The non-transitory computer-readable storage medium of claim 15, wherein operations further comprise sending, to the first server device, a kernel token, the kernel token indicative that the second server device has authorized the user device to generate one or more data payloads.
19. The non-transitory computer-readable storage medium of claim 18, wherein operations further comprise: sending, to the first server device, a reader token, the reader token including a first data associated with the user device and a second data associated with the second server device; receiving, from the first server device, the kernel token, the kernel token indicative that the reader token is valid; and sending, to the first server device, a request for the virtual terminal kernel configuration data, the request including the kernel token.
20. The non-transitory computer-readable storage medium of claim 15, wherein operations further comprise: receiving, from the first server device, a session token, the session token indicative that the first server device has authorized the user device to generate the data payload, the data payload to be processed by the second server device; and validating the session token, and wherein the request for the data transfer from the server device further includes the session token.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LASHONDA T JACOBS-BURTON whose telephone number is (571)272-4004. The examiner can normally be reached M-F 8:30 am - 5:00 pm.
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, Ario Etienne can be reached at 571-272-4001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LASHONDA JACOBS-BURTON/Primary Examiner, Art Unit 2457
ljb
September 30, 2026
