U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`PTO/AIA/14
`
`
`
`
`
`
`
`
`
`
`
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`
`
`Attorney Docket Number 793145
`
`.
`.
`Title of Invention
`
`METHODS, DEVICES, AND SYSTEMS FOR SECURE PROVISIONING, TRANSMISSION, AND AUTHENTICATION OF PAYMENT
`DATA
`
`The application data sheet is part of the provisional or nonprovisional application for which it is being submitted. The following form contains the
`bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76.
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the document
`may beprinted and included in a paper filed application.
`
`Secrecy Order 37 CFR 5.2
`Oo Portionsorall of the application associated with this Application Data Sheet mayfall under a Secrecy Order pursuantto
`
`37 CFR 5.2(Paper filers only. Applications thatfall under Secrecy Order may notbe filed electronically.)
`
`Inventor Information:
`
`1
`
`Inventor
`Legal Name
`
`
`Prefix |GivenNamesiMiddle Name Family Name
`
`
`
`
`
`Suffix a
`
`Residence Information (Select One)
`City
`
`(@) US Residency
`State/Province
`
`©) Active US Military Service
`©) Non US Residency
`Country of Residence
`US
`
`Mailing Address of Inventor:
`
`Address 1
`
`Address 2
`
`4 Gregory Circle
`
`Postal Code
`
`01810
`
`US
`
`Inventor
`Legal Name
`
`2
`
`Prefix| Given Name
`Middle Name
`Family Name
`Suffix
`
`
`
`
`William
`Wang
`Graylin
`Residence Information (Select One)
`(@) US Residency
`©) Non US Residency
`C) Active US Military Service
`City|Winchester State/Province | MA | Country of Residence US
`
`
`
`
`
`
`
`Mailing Address of Inventor:
`
`Address 1
`
`Address 2
`
`14 Robinson Park
`
`Inventor
`Legal Name
`
`3
`
`Prefix| Given Name
`
`Middle Name
`
`George
`
`Family Name
`
`Wallner
`
`Suffix
`
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`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`PTO/AIA/14
`
` Attorney Docket Number
`
`793145
`
`Application Data Sheet 37 CFR 1.76
`
`Application Number
`
`METHODS, DEVICES, AND SYSTEMS FOR SECURE PROVISIONING, TRANSMISSION, AND AUTHENTICATION OF PAYMENT
`Title of Invention
`DATA
`
`
`Residence Information (Select One)
`
`(@) US Residency
`
`C) Non US Residency
`
`C) Active US Military Service
`
`Mailing Address of Inventor:
`
`
`Address 1
`
`17 N. Hibiscus Drive
`
`Address 2
`
`City
`Miami Beach
`State/Province
`FL
`
`All Inventors Must Be Listed - Additional Inventor Information blocks may be generated
`within this form by selecting the Add button.
`
`Correspondence Information:
`
`Enter either Customer Numberor complete the Correspondence Information section below.
`For further information see 37 CFR 1.33(a).
`
`[|_|] An Address is being provided for the correspondence Informationofthis application.
`
`Customer Number
`71130
`
`
`
`Email Address
`
`bosippto@seyfarth.com
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`Add Email
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`
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`
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`Application Information:
`
`
`METHODS, DEVICES, AND SYSTEMS FOR SECURE PROVISIONING, TRANSMISSION, AND AUTHENTICATION OF
`Title of the Invention
`PAYMENT DATA
`
`
`
`Attorney Docket Number
`
`Application Type
`Nonprovisional
`
`Total Numberof Drawing Sheets(if any}
`
`793145
`
`| Small Entity Status Claimed
`
`XxX
`
`Subject Matter
`
`
`
`Suggested Figure for Publication (if any)
`
`
`
`
`Filing By Reference
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`Only complete this section whenfiling an application by reference under 35 U.S.C. 111(c) and 37 CFR 1.57(a). Do not complete this section if
`application papers including a specification and any drawings are being filed. Any domestic benefit or foreign priority information must be
`provided in the appropriate section(s) below (i.e., “Domestic Benefit/National Stage Information” and “Foreign Priority Information’).
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`For the purposesof a filing date under 37 CFR 1.53(b), the description and any drawings of the present application are replaced by this
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`filed application
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`

`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`PTO/AIA/14
`
` Attorney Docket Number
`
`793145
`
`Application Data Sheet 37 CFR 1.76
`
`Application Number
`
`METHODS, DEVICES, AND SYSTEMS FOR SECURE PROVISIONING, TRANSMISSION, AND AUTHENTICATION OF PAYMENT
`Title of Invention
`DATA
`
`
`Publication Information:
`
`[|]Request Early Publication (Fee required at time of Request 37 CFR 1.219)
`
`Request Not to Publish. | hereby request that the attached application not be published under
`35 USC.
`122(b) and certify that the invention disclosed in the attached application has not andwill not be the subject of an
`application filed in another country, or under a multilateral international agreement, that requires publication at eighteen
`monthsafterfiling.
`
`CO
`
`Representative Information:
`
`Representative information should be provided for all practitioners having a power of attorney in the application. Providing
`this information in the Application Data Sheet does not constitute a power of attorney in the application (see 37 CFR 1.32).
`Either enter Customer Number or complete the Representative Name section below. If both sections are completed the customer Number
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`©) Limited Recognition (37 CFR 11.9)
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`This section allows for the applicant to claim priority to a foreign application. Providing this information in the application data sheet
`constitutes the claim for priority as required by 35 U.S.C. 119(b) and 37 CFR 1.55(d). Whenpriority is claimed to a foreign application that is
`eligible for retrieval under the priority document exchange program (PDX) the inforthation will be used by the Office to automatically attempt
`retrieval pursuant to 37 CFR 1.55(h)(1) and (2). Under the PDX program, applicant bears the ultimate responsibility for ensuring that a copy of
`the foreign application is received by the Office from the participating foreign intellectual property office, or a certified copy of the foreign
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`Application Data Sheet 37 CFR 1.76
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`PTO/AIA/14
`
`— .
`
`:
`Title of Invention
`
`METHODS, DEVICES, AND SYSTEMS FOR SECURE PROVISIONING, TRANSMISSION, AND AUTHENTICATION OF PAYMENT
`DATA
`
`Additional Foreign Priority Data may be generated within this form by selecting the Add
`button.
`
`Statement under 37 CFR 1.55 or 1.78 for AIA (First Inventor to File) Transition
`Applications
`
`This application (1) claims priority to or the benefit of an application filed before March 16, 2013 and (2) also
`contains, or contained at any time, a claim to a claimed invention that has an effective filing date on or after March
`[] 16, 2013.
`NOTE:By providing this statement under 37 CFR 1.55 or 1.78, this application, with a filing date on or after March
`
`16, 2013, will be examined underthefirst inventorto file provisions of the AIA.
`
`[x] Authorization to Permit Access to the Instant Application bythe Participating Offices
`If checked, the undersigned hereby grants the USPTO authority to provide the European Patent Office (EPO},
`the Japan Patent Office UPC), the Korean Intellectual Property Office (KIPO), the World Intellectual Property Office (WIPO),
`and any other intellectual property offices in which a foreign application claiming priority to the instant patent application
`is filed access to the instant patent application. See 37 CFR 1.14(c) and (h). This box should not be checkedif the applicant
`does not wish the EPO, JPO, KIPC, WIPO, or other intellectual property office in which a foreign application claiming priority
`to the instant patent application is filed to have access to the instant patent application.
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`
`Authorization to Permit Access:
`
`In accordance with 37 CFR 1.14(h)(3), access will be provided to a copy of the instant patent application with respect
`to: 1) the instant patent application-as-filed; 2) any foreign application to which the instant patent application
`claims priority under 35 U.S.C. 119(a)-(d)if a copy of the foreign application that satisfies the certified copy requirement of
`37 CFR 1.55 has beenfiled in the instant patent application; and 3) any U.S. application-as-filed from which benefit is
`soughtin the instant patent application.
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`In accordance with 37 CFR 1.14(c), access may be provided to information concerning the dateoffiling this Authorization.
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`to have an assignment recorded by the Office.
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`Providing assignment informationin this section does not substitute for compliance with any requirementof part 3 of Title 37 of CFR
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`

`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`PTO/AIA/14
`
` Attorney Docket Number
`
`793145
`
`Application Data Sheet 37 CFR 1.76
`
`
`Application Number
`
`
`
` METHODS, DEVICES, AND SYSTEMS FOR SECURE PROVISIONING, TRANSMISSION, AND AUTHENTICATION OF PAYMENT
`Title of Invention
`DATA
`
`
`Applicant
`
`1
`
`If the applicantis the inventor (or the remaining joint inventoror inventors under 37 CFR 1.45), this section should not be completed.
`The information to be providedin this section is the name and addressof the legal representative who is the applicant under 37 CFR
`1.43; or the name and addressof the assignee, person to whom the inventor is under an obligation to assign the invention, or person
`who otherwise showssufficient proprietary interest in the matter who is the applicant under 37 CFR 1.46.lf the applicantis an
`applicant under 37 CFR 1.46 (assignee, person to whom the inventor is obligated to assign, or person who otherwise showssufficient
`proprietary interest) together with one or morejoint inventors, then the joint inventor or inventors whoare also the applicant should be
`identified in this section.
`
`
`
`
`
`(@) Assignee ©)_Joint Inventor©) Legal Representative under 35 U.S.C. 117
`
`QO Person to whom theinventoris obligated to assign.
`© Person who showssufficient proprietary interest
`
`If applicant is the legal representative, indicate the authority to file the patent application, the inventoris:
`
`Email Address
`
`
`
`
`
`Nameofthe Deceased orLegally Incapacitated Inventor: PO
`If the Applicantis an Organization check here.
`xX
`Organization Name
`LoopPay,Inc.
`
`Mailing Address Information:
`
`Address 1
`
`Address 2
`
`400 Trade Center
`
`Suite 5900
`
`Additional Applicant Data may be generated within this form by selecting the Add button.
`
`Assignee Information including Non-Applicant Assignee Information:
`
`Providing assignmentinformation in this section does not subsitute for compliance with any requirementof part 3 of Title 37 of CFR to have an
`assignment recorded bythe Office.
`
`
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`
`
`Assignee 1
`Complete this section if assignee information, including non-applicant assignee information, is desired to be included on the patent application
`publication . An assignee-applicant identified in the "Applicant Information" section will appear on the patent application publication as an
`applicant. For an assignee-applicant, complete this section onlyif identification as an assignee is also desired on the patent application
`publication.
`
`x
`If the Assignee or Non-Applicant Assigneeis an Organization chee nets
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`
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`PTO/AIA/14
`
` 793145
`
`Application Data Sheet 37 CFR 1.76
`
`
`
`METHODS, DEVICES, AND SYSTEMS FOR SECURE PROVISIONING, TRANSMISSION, AND AUTHENTICATION OF PAYMENT
`
`Title of Invention
`DATA
`
`
`Attorney Docket Number
`
`Application Number
`
`Organization Name
`
`LoopPay, Inc.
`
`Mailing Address Information For Assignee including Non-Applicant Assignee:
`
`Address 1
`
`Address 2
`
`400 Trade Center
`
`
`
`Suite 5900
`
`
`
`
`
`
`
`
`
`
`
`Phone Number
`
`
` Email Address
`Additional Assignee or Non-Applicant Assignee Data may be generated within this form by
`selecting the Add button.
`
`ibe
`
`Signature:
`NOTE: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4 for signature requirements and
`certifications
`
`
` Signature
`—|/Brian Michaelis/
` First Name
`
`
`Brian
`Last Name
`Michaelis
`Registration Number
`Additional Signature may be generated within this form by selecting the Add button.
`
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`Attorney Docket No. 79314.5
`
`CLAIMS
`
`Whatis claimedis:
`
`1.
`
`A method for creating dynamic card data, comprising:
`
`receiving, by a device, card track data;
`
`encrypting, by the device, the card track data usingafirst key;
`
`sending, by the device, the encrypted card track data to a server;
`
`receiving, by the device, a working key;
`
`generating, by the device, modified card track data including a time-dependent CVV
`
`using the working key; and
`
`sending, by the device, the modified card track data to a point of sale terminal or causing
`
`the modified card track data to be displayed to a user for use in an e-commercetransaction.
`
`2.
`
`The method of claim 1, wherein an expiration date, a registered primary account
`
`number, or a portion of a discretionary field of the modified track data indicates to a card issuer
`
`or a third party service provider that the modified card track data is dynamic-CVV (dCVV)card
`
`track data and authorization is to be performed in a dCVV mode.
`
`3.
`
`The method of claim 1, wherein the sending the modified card track data to the
`
`point of sale terminal includes sending the time-dependent CVV, and a dynamic modeindicator.
`
`4.
`
`The method of claim 3, wherein the dynamic modeindicator is a primary account
`
`number, an expiration date, or a separate dynamic modeindicator of the modified track data.
`
`5.
`
`The method of claim 4, wherein the dynamic modeindicator indicates to a card
`
`issuer or third party service provider, that the modified card track data is dynamic-CVV (dCVV)
`
`card track data and authorization is to be performed in a dCVV mode.
`
`6.
`
`The method of claim 1, wherein the device is a magnetic stripe storage and
`
`transmission device or a mobile communication device.
`
`17310114v.6
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`7
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`Attorney Docket No. 79314.5
`
`7.
`
`A method for provisioning dynamic financial card data by issuer, comprising:
`
`receiving, by a server, a request for provisioning card track data;
`
`requesting, by the server, an authentication of a user corresponding to the card track data
`
`from a card issuer server, wherein the card issuer server corresponds to a card issuer of the card
`
`track data;
`
`receiving, by the server, an authentication result from the card issuer server; and
`
`generating, by the server, a working key for the generation of dynamic card track data.
`
`8.
`
`The method of claim 7, wherein the requesting the authentication of the user from
`
`the card issuer server includes sending a primary account numberandat least one of a CVV-2, a
`
`name, a date of birth, a username and password, and an answerto a challenge question to the
`
`card issuer server for authentication.
`
`9.
`
`The methodof claim 7, further comprising securely sending the working key to a
`
`wallet server.
`
`10.
`
`The method ofclaim 7, further comprising receiving a request for verification of a
`
`dynamic-CVV (dCVV)in response to initiation of a payment transaction, wherein the dCVV is
`
`based on the working key.
`
`11.
`
`The method of claim 10, wherein the receiving the request for verification of the
`
`dCVV includes receiving a primary account number, an expiration date, a service code, a time-
`
`stamp, and a modeindicator.
`
`12.
`
`The method of claim 11, further comprising comparing the received time-stamp
`
`with a stored time-stamp or current time on the server for verifying a transaction.
`
`13.
`
`The method of claim 12, further comprising sending an authorization failure in
`
`response to the stored time-stamp or current time corresponding to a time greater than the
`
`received time-stamp.
`
`17310114v.6
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`28
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`Attorney Docket No. 79314.5
`
`14.
`
`A method for performing dynamic-CVV (dCVV), comprising:
`
`generating, by a server, a working key for card track data;
`
`receiving, by a magnetic stripe storage and transmission device (MST), the working key;
`
`generating, by the MST, modified card track data including a dCVV componentbased on
`
`original card track data, a time-stamp or counter and the working key;
`
`sending the modified card track data to a point of sale terminal or e-commerce website
`
`for payment processing;
`
`receiving, by the server, a request for verification of the dCVV from a card issuer server
`
`or a third party service provider in response to initiation of the payment processing, wherein the
`
`request includes the modified card track data;
`
`performing, by the server, a verification of the dCVV component; and
`
`sending, by the server, a verification failure or final verification based on the verification
`
`of the dCVV component.
`
`15.
`
`The method of claim 14, wherein the modified card track data includes the dCVV
`
`component, a primary account number, an expiration date, a service code, the time-stamp or
`
`counter, and optionally a separate mode indicator when the expiry date or the primary account
`
`numberis not used to indicate that authorization is to be performed in a dCVV mode.
`
`16.
`
`The method of claim 15, wherein the modeindicator indicates to the card issuer
`
`server that the modified card track data is dCVV card track data and authorization is to be
`
`performed in a dCVV mode.
`
`17.
`
`The method of claim 15, wherein the performing the verification includes
`
`comparing a received time-stamp or received counter with a stored time-stamp or a current time
`
`of the server or stored counter.
`
`18.
`
`The method of claim 17, wherein the sending the verification failure or final
`
`verification includes sending the verification failure in response to the stored time-stamp or
`
`current time of the server corresponding to a time greater than the received time-stamp.
`
`29
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`19.|The methodof claim 15, wherein the performingthe verification includes:
`
`independently computing, by the server, a dCVV vale using the working key; and
`
`comparing the computed dCVV value with the dCVV component.
`
`Attorney Docket No. 79314.5
`
`20.
`
`The method of claim 19, wherein the sending the verification failure or final
`
`verification includes sending the final verification in response to the computed dCVV value
`
`matching the received dCVV component.
`
`21.
`
`The method of claim 14, further comprising sending, by the server, the original
`
`card track data to the card issuer server for processing via the card issuer server’s normal
`
`processing methods to complete a transaction, wherein the original card track data correspondsto
`
`data of a card issuer corresponding to the card issuer server.
`
`17310114v.6
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`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`14/511,994
`
`10/10/2014
`
`Enyang Huang
`
`73745.6
`
`3622
`
`SEYFARTH SHAW LLP
`
`WORLD TRADE CENTER EAST
`TWO SEAPORT LANE, SUITE 300
`BOSTON, MA 02210-2028
`
`Le
`
`MARTINEZ-HERNAND, EDGAR R
`
`3685
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/14/2017
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`bosippto @seyfarth.com
`
`PTOL-90A(Rev. 04/07)
`
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`
`
`Applicant(s)
`Application No.
` 14/511,994 HUANG ETAL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`EDGAR R. MARTINEZ Status 3685
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply betimely filed
`
`Status
`1)X] Responsive to communication(s)filed on 3/27/2017.
`LJ A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon__
`2a)X] This action is FINAL.
`2b)L] This action is non-final.
`3)L] Anelection was made bythe applicant in responsetoarestriction requirementset forth during the interview on
`
`
`; the restriction requirement and election have been incorporatedinto this action.
`4)[] Since this application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5) Claim(s) 1-27 is/are pending in the application.
`5a) Of the above claim(s) 1-13 is/are withdrawn from consideration.
`6)L] Claim(s)____is/are allowed.
`7)X] Claim(s) 14-21 is/are rejected.
`8)L] Claim(s)____is/are objectedto.
`
`9)L] Claim(s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`parepating intellectual property office for the corresponding application. For more information, please see
`or send an inquiry to PPHieedback@uspto.qoy.
`
`Application Papers
`10)L] The specification is objected to by the Examiner.
`
`11)L] The drawing(s)filed on
`is/are: a)L_] accepted or b)L_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)[] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)L] All
`b)[-] Some** c)L] None ofthe:
`1..] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`““ See the attached detailed Office action for a list of the certified copies not received.
`
` Attachment(s)
`
`1) X Notice of References Cited (PTO-892)
`:
`.
`2) X Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`3) CT] Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`4) Ol Other:
`
`
`Paper No(s)/Mail Date 12/28/2016; 4/13/2017; 6/9/2017.
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action SUMMPAANROVWWARE EXH | BIT D608?PAGE12of 80
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`Application/Control Number: 14/511,994
`Art Unit: 3685
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`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA or AIA Status
`
`1.
`
`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
`
`2.
`
`The Amendmentfiled on 3/27/2017, by Brian L. Michaelis (hereinafter referred to
`
`as “Applicant”), has been entered.
`
`a. Claims 14-17 and 19-21 have been amended. The Examiner has confirmed no
`
`new matter has been added.
`
`b. Claims 1-13 remain withdrawnfrom further consideration as being drawntoa
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`non-elected invention.
`
`3.
`
`Claims 14-21 are pending in the application andthe statusof the application is
`
`currently pending.
`
`4.
`
`Applicant’s amendmentsto the Claims have overcome each andevery objection
`
`previously set forth in the previousoffice action mailed 12/27/2016.
`
`Claim Rejections - 35 USC § 101
`
`5.
`
`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 anduseful improvementthereof, may obtain a patent therefor, subject to
`the conditions and requirementsof this title.
`
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`Application/Control Number: 14/511,994
`Art Unit: 3685
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`Page 3
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`6.
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`Claims 14-21 are rejected under 35 U.S.C. 101 because the claimed invention
`
`is directed to a judicial exception (i.e., a law of nature, a natural phenomenon,or an
`
`abstract idea) withoutsignificantly more.
`
`7.
`
`The two-step Subject Matter Eligibility Test was conducted, whichis described in
`
`the 2014 Interim Guidance on Patent Subject Matter Eligibility and further discussed in the
`
`July 2015 Update to the Interim Eligibility Guidance. The test further includes the latest
`
`quick reference sheet April 2017 Decisions holding claimseligible and identifying abstract
`
`ideas. Whenconsidering subject matter eligibility under 35 U.S.C. 101, the first step is to
`
`determine whether the claims are “directed to one of the four statutory categories of
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`invention” (process, machine, manufacture, or composition of matter). If the claims are
`
`directed to one of the statutory categories, the next step is to determine if the claims “are
`
`not wholly directed to subject matter encompassing a judicially recognized exception”. See
`
`MPEP 2106.In this step,first it must be determined whether the claims are directed to the
`
`conceptof a judicial exception(i.e. law of nature, natural phenomenon,andabstractidea).
`
`If a judicial exception is determined, it must additionally be determined whetherthe claims
`
`are a patent-eligible application of the judicial exception. In the case wherethe judicial
`
`exception presentin the claimsis an abstract idea, a patent-eligible application is
`
`determined if any additional element in each claim taken individually or a combination of
`
`additional elements from the claims can be defined as sufficient to ensure that the claims
`
`amountto significantly more than the judicial exception itself. Examples of abstract ideas
`
`include fundamental economicpractices, certain methodsof organizing humanactivities,
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`Application/Control Number: 14/511,994
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`Page 4
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`an idea‘of itself and mathematical relationships/formulas. See Alice Corporation Pty. Ltd.v.
`
`CLS Bank International, et al, 573 U.S._, 134 S. Ct. 2347 (2014).
`
`8.
`
`In the first step of the test, the claims are reviewed for statutory category. The
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`claims were foundto be directed to one of the four statutory categories, which is a process
`
`to verify a dynamic card validation value (dCVV). Step 1 is confirmed YES.
`
`9,
`
`In the next test step, the claims are reviewed for a judicial exception. Claim 14 was
`
`foundto be directed to the conceptof “verifying a dynamic value”, defined by the
`
`limitations:
`
`a.
`
`receiving a request for provisioning of a working key, the request comprising
`
`card track data:
`
`b. generating the working key for thecard track data received with the request:
`
`c.
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`sending the working key as a response to the request for provisioning:
`
`d.
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`receiving the working key:
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`e. generating a dCVV based on thecard track data, a time-stamp, and the working
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`key:
`
`f.
`
`
`sending modified card track data to the POS terminal[...] for payment
`
`processing, or to an e-commerce website for paymentprocessing;
`
`g.
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`sending the modified card track data to a card issuer server or a third party
`
`service providerfor authorization;
`
`h. sending a requestfor verification of the dCVV, the request including the modified
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`card track data / receiving the requestfor verification of the dCVV from the card
`
`issuer server or third party service provider;
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`Application/Control Number: 14/511,994
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`Page 5
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`i.
`
`j.
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`performinga verification of the dCVV in response to the requestfor verification:
`
`sending a verification failure or final verification based on the verification of the
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`dCVvv.
`
`10.
`
`The steps of “receiving a requestfor a work key”, “generating a work key” and
`
`“sending the workkey”are interpreted to be part of a registration process thatis well-
`
`understood, routine and conventional actions previously knownin the art of token
`
`registration for authentication, which is evidencedin the prior art. The steps of “receiving
`
`the working key" and "generating a dCVV"are interpreted to be further partof the
`
`registration process, considering the “MST”recited in the claim is a card scanner, and
`
`wherethe steps are interpreted to be well-understood, routine and conventionalactions
`
`previously knownin the art of generating a secured value throughtheuse of an algorithm.
`
`Thesteps of “sending modified card track data”, “sending a requestfor verification”,
`
`“performing a verification” and “sending a response based on the verification” are
`
`interpreted as part of a payment transaction approval protocol that is well-understood,
`
`routine and conventionalactions previously knownin theart of credit card
`
`authentications, which is evidencedin the priorart. The "verification" step is further
`
`specified in dependentclaim 17 ("comparing a received time-stamp or received counter
`
`with a stored time-stampor a current time") and dependentclaim 19 ("independently
`
`computing a dCVV value using the working key; and comparing the computed dCVV value
`
`with the dCVV component"). In combination, the process steps are interpreted to be part of
`
`a paymenttransaction approvalprotocol, where a smart cardis used to perform the
`
`claimed method steps. The conceptas described defines a judicial exception, an abstract
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