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 .
Response to Amendment
Receipt is acknowledged of applicant’s amendment filed on July 1, 2026. Claims 2-21 have been added. Claim 1 has been canceled without prejudice. Claims 2-21 are pending and an action on the merits is as follows.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 2-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Qian et al (US 20150004934).
RE 2 Qian discloses a method (Fig 3) comprising: pairing an application on a mobile device to a transaction card to establish a secure communication channel (par 13, 16, 19); receiving first data from the transaction card via the secure communication channel, the first data corresponding to an account identifier (Step 302, par 16, 80-84); responsive to receiving the first data from the transaction card, transmitting at least a portion of the first data to one or more servers (step 304, par 17, 85-86); and receiving, from the one or more servers, access to second data at the application based on the first data (step 316, par 93).
RE 3 further comprising: requesting one or more credentials from a user of the application on the mobile device; and receiving, via the mobile device, the one or more credentials from the user at the application (step 314, par 91-92).
Re 4 wherein: the first data is not Europay-Mastercard-Visa (EMV) data (par 85).
RE 5, wherein: the secure communication channel between the mobile device and the transaction card is near field communication (NFC) (par 81).
RE 6 wherein the first data provides an indication to the one or more servers that the mobile device is connected to the transaction card via the secure communication channel (step 310-312, par 90).
Re 7, wherein the first data comprises cardholder data specific to the user (par 60).
Re 8 further comprising: storing, on the transaction card, first preloaded data, and wherein the first preloaded data is used to generate the first data (key, par 60).
Re 9, wherein: at least one of the first preloaded data or the first data comprise one or more keys associated with a public/private key pair (par 60).
RE 10 wherein: storing, on the transaction card, second preloaded data, and wherein the second preloaded data is used to complete EMV transactions (payload, par 60).
RE 11 Qian system (Fig 1-2) comprising: a transaction card (104) operable to perform Europay-Visa-Mastercard (EMV) transactions and associated with a cardholder; and a computing device (102) comprising: one or more device antennas (138); one or more device processors (202); a non-transitory device memory (204) in communication with the one or more device processors and storing instructions that, when executed, cause the one or more device processors to perform the steps of: transmitting, via the one or more device antennas, a signal to establish a secure communication channel with the transaction card (par 13, 16, 19); receiving, via the one or more device antennas and the secure communication channel, first data from the transaction card, the first data corresponding to an account identifier (par 16, 80-84); transmitting, via the one or more device antennas, the first data to one or more servers (par 17, 85-86); and receiving, from the one or more servers, access to second data associated with the cardholder at an application operating on the computing device based on the first data (par 93).
RE 12, wherein the non-transitory device memory stores further instructions that, when executed, cause the one or more device processors to perform the steps of: requesting one or more credentials from the cardholder on the computing device; and receiving, via the computing device, the one or more credentials from the cardholder at the application (par 91-92).
Re 13, wherein: the first data is not Europay-Mastercard-Visa (EMV) data (par 85).
Re 14 wherein: the secure communication channel between the computing device and the transaction card is near field communication (NFC) (par 81).
Re 15, wherein the first data provides an indication to the one or more servers that the computing device is connected to the transaction card via the secure communication channel (par 90).
Re 16, wherein the first data comprises data specific to the cardholder (par 60).
RE 17, wherein the transaction card comprises: one or more card antennas (169); one or more card processors (173); and a non-transitory card memory (171) in communication with the one or more card processors and storing instructions that, when executed, cause the one or more card processors to perform the steps of: storing, on the transaction card, first preloaded data, and wherein the first preloaded data is used to generate the first data (par 60).
Re 18 wherein: at least one of the first preloaded data or the first data comprise one or more keys associated with a public/private key pair (par 60).
Re 19, wherein the non-transitory card memory stores further instructions that, when executed, cause the one or more card processors to perform the steps of: storing, on the transaction card, second preloaded data, and wherein the second preloaded data is used to complete EMV transactions (par 60).
RE 20, Qian discloses a computing device (102) comprising: one or more device antennas; one or more device processors; a non-transitory device memory in communication with the one or more device processors and storing instructions that, when executed, cause the one or more device processors to perform the steps of: transmitting, via the one or more device antennas, a signal to establish a secure communication channel with a transaction card; receiving, via the one or more device antennas and the secure communication channel, first data from the transaction card, the first data corresponding to an account identifier; transmitting, via the one or more device antennas, the first data to one or more servers; and receiving, from the one or more servers, access to second data associated with a cardholder at an application operating on the computing device based on the first data (par 13, 16, 19, 80-86, 93).
RE 21, wherein the non-transitory device memory stores further instructions that, when executed, cause the one or more device processors to perform the steps of: requesting one or more credentials from the cardholder on the computing device; and receiving, via the computing device, the one or more credentials from the cardholder at the application, wherein: the secure communication channel between the computing device and the transaction card is near field communication (NFC),the first data provides an indication to the one or more servers that the computing device is connected to the transaction card via the secure communication channel, and the first data comprises data specific to the cardholder (par 60, 81, 90-92).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new grounds 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 extension fee 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 date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christle I. Marshall whose telephone number is (571) 270-3086. The examiner can normally be reached on Monday – Friday 7:30AM - 4:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Paik can be reached on (571) 272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Christle I Marshall/
Primary Examiner, Art Unit 2876
