Patent Issued for Dynamic Digital Consent (USPTO 10,417,401)

2019 SEP 26 (NewsRx) -- By a News Reporter-Staff News Editor at Insurance Daily News -- According to news reporting originating from Alexandria, Virginia, by NewsRx journalists, a patent by the inventors Votaw, Elizabeth S. (Potomac, MD); Smiddy, David J. (Chadds Ford, PA); Sidharth, Fnu (Charlotte, NC); Shannon, Stephen T. (Charlotte, NC); Alexander, James (Dripping Springs, TX), filed on July 30, 2017, was published online on September 30, 2019.

The assignee for this patent, patent number 10,417,401, is Bank of America Corporation (Charlotte, North Carolina, United States).

Reporters obtained the following quote from the background information supplied by the inventors: “An entity may require a prospective client or existing client to receive, review and consent and/or otherwise agree to information and/or requirements included in specific official and/or authorized documents. The entity may require receipt of the consent and/or agreement prior to an entity representative entering into a communication interaction with the client.

“Often, many entities use conventional methods to transmit and receive consent data to and from the clients. For example, an entity representative may hand a client a stack of documents. The client typically reviews the documents and verbally consents and/or agrees to the information and/or requirements included in the documents. The entity representative usually records, in a non-electronic manner, the client’s consent and/or agreement to the information and/or requirements included in the documents.

“One example of a transaction requiring consent is a financial instrument vendor speaking with a potential customer about purchase possibilities such as mortgages or investments. Due to government required regulations, before such conversations may occur, certain legal disclosures must be read to the potential customer. Similarly, due to non-solicitation laws, a follow up conversation with the customer may not occur unless the customer previously ordered such a consultation or provided consent to receive such a follow up conversation, from for example an investment specialist.

“One example of a document requiring consent may be a HIPAA (Health Insurance Portability and Accountability Act) release document. Upon signing a HIPAA release document, the signer may authorize an entity to share and/or release specific personal information and/or documentation.

“One example of a document requiring agreement may be a notice that a specific financial service is not Federal Deposit Insurance Corporation (FDIC) insured and may lose value. Upon signing the notice, the signer may make clear that he or she agrees to continue a discussion with a financial services advisor despite the fact that financial products offered may not be FDIC insured and may lose value.

“The conventional non-integrated nature of consent information dispersal and retrieval creates the possibility that consent data may not be reliably captured either in writing or digitally. As a result, conventionally entities often repeatedly ask for the same consent information over and over again. Also, failure to properly present proof that the proper consent was obtained may result in audit or regulatory burdens or fines.

“Therefore, systems and methods for securely receiving real-time, properly executed consent, and documenting, in a retrievable manner, the received executed consent may be desirable.

“As a result, there is clear utility in and benefit from, novel methods and apparatus for retrieving consent information.”

In addition to obtaining background information on this patent, NewsRx editors also obtained the inventors’ summary information for this patent: “To satisfy the long-felt but unsolved needs identified above, at least one embodiment is directed toward an apparatus and a method for an end-to-end consent acceptance process. The method and apparatus may comprise a computer system configured for the acceptance of consent information. The computer system may be configured to condition the acceptance of various consent information on respective specific identifiers including but not limited to geographic and chronological data.

“The method may improve the performance of the computer system. The method may comprise the steps of reactivating, at a scheduled time, dormant system resources, creating and terminating an audio telecommunication linkage with a device, detecting transport of the device, transmitting a signal from the device, activating a consent scheme on the device, activating an authorization scheme, creating and uploading an item of consent data, and updating a list of the dormant system resources.

“The dormant system resources may be reactivated at a scheduled time. The system resources may be required to execute, on a remote computer system, a plurality of system applications on a default list. The default list may identify a group of default system applications. The resources may comprise electricity, processing power, and auxiliary systems.

“The telecommunication linkage may be terminated no less than a minute after its creation. The telecommunication linkage may be an audio telecommunication linkage between a device and the remote computer system when the device is located at a first geographic location.

“During the telecommunication linkage, a second geographic location may be identified via audio transmission. The second geographic location may be different from the first geographic location.

“The detection of transportation of the device to the second geographic location may occur after the termination of the telecommunication linkage.

“A signal may be transmitted from the device at the second location. The signal may be transmitted to the remote computer system when the device is located at the second geographic location. The signal may comprise an identity of an item of consent data, a transaction identity, a device identity, an indicator that the device is located at the second geographic location, a time period, and the device user.

“Based on the second location, the activated consent scheme on the device may comprise: retrieving a first list, the first list identifying a group of system applications associated with the identified item of consent data; deactivating active system resources of system applications absent from the first list; reactivating dormant system resources required to activate a first collection of dormant system applications of the first list, the first collection of system applications verifying that the device is in fact at the second geographic location and that the second geographic location matches a predetermined value associated with the identified item of consent data; reactivating dormant system resources required to activate a second collection of dormant system applications of the first list, the second collection of system applications verifying that the time period matches a predetermined value associated with the identified item of consent data; and reactivating dormant system resources required to activate a third collection of dormant system applications of the first list, the third collection of system applications verifying that the device identify matches a predetermined value associated with the identified item of consent data.

“Based on the second location, the activated authorization scheme may comprise: retrieving a second list, the second list identifying a group of default system applications associated with both the transaction and the identified item of consent data; deactivating active system resources of system applications absent from the second list; activating dormant system resources of system applications present on the second list; utilizing data generated by the active system applications and the signal to generate and return an approval value.

“When all of the second geographic location, time period, and device identity match their respective predetermined values, the remote computer system may change the operation of the device to optimize the preparation of the identified item of consent data. The change in operation may comprise: altering the luminosity of a screen on the device, altering the size of text characters displayed on the screen of the device, and terminating communication between the device and any computer system other than the remote computer system.

“The identified item of consent data may be created and uploaded from the device to the remote computer system.

“A default application in the list may be replaced with a non-default application when, over the course of a 30-day period, a default application is deactivated by the authorization scheme or consent scheme more times than a non-default application is activated by the authorization scheme or consent scheme.

“The item of consent data may be one item selected from the group consisting of a digital document, an electronic signature, a scanned copy of a paper document, a scanned copy of a hand signature, a digital affirmation, a text bearing digital file, an audio recording of a conversation, a video recording of a conversation, and any combination thereof, and may comprise meta-data and an SHA Hash.

“The authorization scheme may be activated before the consent scheme is activated.

“The device’s identity may be verified by comparing its MAC address to items selected from the group consisting of a list of approved MAC addresses, a list of disapproved MAC addresses, and any combination thereof.

“The device’s geographic location may be verified by comparing its MAC address to items selected from the group consisting of a list of approved MAC addresses, a list of disapproved MAC addresses, and any combination thereof.

“The signal may be transmitted from the device via a multi layered network comprising multiple MAC addresses and the geographic location verified by comparing all the involved MAC addresses to items selected from the group consisting of a list of approved MAC addresses, a list of disapproved MAC addresses, and any combination thereof.

“The device’s geographic location may be verified by comparing its IP address to a geographic location associated with the IP addresses.

“The device’s geographic location may be verified by analyzing meta-data embedded within the signal or embedded within the item of consent data.

“The device may be logged onto the remote computer system via an ISP server over the internet and the geographic location is verified by identifying MAC addresses IP addresses associated with the ISP server.

“The device may be logged onto the remote computer system via an integrated component of the remote computer system and the geographic location is verified by identifying the known physical location of the integrated component.

“The system applications may be executed software applications selected from the group consisting of: geography confirming software, time retrieval software, time stamping software, fingerprint recognition program, voice recognition program, iris recognition program, DNA recognition program, camera, facial recognition program, document recognition program, personal data confirmation, distributed database blockchain data confirmation, risk assessment program, behavior prediction program, bar code scanners, optical scanners, biomarker scanners, token identification scanner, magnetic scanner, card reader, heartrate reader, blood-oxygen reader, x-ray scanner, transponder reader, and any combination thereof.

“The authorization scheme may comprise receiving a second signal from the device and the executed software compares data within the second signal to data on file within the remote computer system, at least one active system application generates an approval value that cannot be within the first predetermined threshold when the data within the second signal diverges from the data on file within the remote computer system by more than a predetermined amount.

“The method may further comprise a blacklist. The blacklist may comprise a list of one or more of specific geographic locations, time periods, device identities, MAC addresses, IP addresses, and meta-data that will always generate an approval value than cannot be within the predetermined threshold.

“The method may further comprise a whitelist. The whitelist may comprise a list of one or more of specific geographic locations, time periods, device identities, MAC addresses, IP addresses, and meta-data that will always generate an approval value than cannot be within the predetermined threshold.

“The method may further comprise creating a timestamp associated with the consent data on the device, comparing the device consent data timestamp to all timestamps of all stored items of consent data within the remote computer system, and rejecting the upload of the item of consent data from the device if any timestamps of stored items of consent data within the remote computer system matches the device consent data timestamp.

“The apparatus may comprise a data processing system. The data processing system may comprise a processor, a telecommunication device, and an output device.

“The processor may be constructed and arranged to determine that a user device is within a pre-determined distance of a first geographic location of the user device within a pre-determined time period of receiving an input comprising a transaction identifier.

“The telecommunication device may be constructed and arranged to establish a telecommunication linkage with the user device when the user device is within the pre-determined distance.

“When the processor determines that the user device is within the pre-determined distance of a second geographic location, and the second geographic location is different from the first geographic location, the output device may be constructed and arranged to retrieve and transmit disclosure information associated with the transaction identifier to the user device after the telecommunication linkage has been established and subsequently terminated.

“The output device may be constructed and arranged to transmit electronic copies of unexecuted contracts associated with the transaction identifier to the user device and/or to receive electronic copies of executed versions of the contracts from the user device when the determined geographic location of the user device is within the pre-determined distance of the second geographic location.

“The processor may be further constructed and arranged to change the operation of the user device to optimize review of the disclosure information and execute contracts, the change in operation comprising: altering the luminosity of a screen on the user device, altering the size of text characters displayed on the screen of the user device, decrypting data received by the user device, and terminating communication between the user device and any other apparatus not a part of the data processing system.

“The processor is further constructed and arranged to: log records associated with data sent and received by the output device, input-output device and telecommunication device; detect that the disclosure information and contract has been viewed on the user device; receive electronic confirmation that the user has agreed to the terms of the contract; and reverse the change in operation imposed on the user device such that the user device is restored to an operating state that existed prior to the change in operation.

“The geographic location may be determined by comparing an attribute of data associated with the user device to locations known to be associated with the attribute of data, the attribute of data being one item selected from the group consisting of: the IP address of the user device, the IP network address of the user device, the IP host identifier of the user device, the IP regional address of the user device, the MAC address of the user device, the MAC address of a router connecting the user device to the system, meta-data embedded in the data input from the user device, a known location of the user device, and any combination thereof.

“The user may access the data processing system via an item from the group consisting of a kiosk, personal computer, business computer, laptop computer, tablet device, networked computer, web browser, SMS device, SMS software, email device, email software, electronic data device, cell phone, computer terminal, PDA, and any combination thereof.

“The apparatus may comprise a computer network. The network may comprise: a telecommunication device, an input-output device, a remote device, and a server.

“The telecommunication device may be linked to the server and constructed and arranged to: establish a two-way audio connection with a remote device; and receive an identifier of a fixed geographic location via the audio communication, the fixed geographic location differing from the actual geographic location the remote device occupies during the audio connection.

“The input-output device may be linked to the server and may be constructed and arranged to: transmit an electronic version of a contract in unexecuted form to the remote device; and receive an electronic version of a contract in executed form from the remote device and transfer it to the server.

“The remote device may be constructed and arranged to: transmit an identification signal from a user to the input-output device before receiving an electronic version of a contract in unexecuted form to a remote device; receive the electronic version of the contract in unexecuted form; convert the electronic version of the contract into executed form; and transmit the electronic version of the contract in executed form to the input-output device.

“The server may be constructed and arranged to: compare the meta-data of both the signal and the contract in executed form and the IP address and MAC address of the remote device to pre-established values associated with the fixed geographic location identifier, and store the contract in executed form when the meta-data, IP address, and MAC address correspond with the fixed geographic location identifier.

“The server may be constructed and arranged to transmit the electronic version of the contract in unexecuted form to the remote device only when the meta-data of the signal and the IP address, and MAC address correspond with the fixed geographic location.”

The claims supplied by the inventors are:

“What is claimed is:

“1. A method of improving the performance of a computer system, the method comprising the steps of: reactivating, at a scheduled time, dormant system resources required to execute, on a remote computer system, a plurality of system applications on a default list, the default list identifying a group of default system applications, the resources comprising electricity, processing power, and auxiliary systems; creating, and no less than a minute later terminating, an audio telecommunication linkage between a device and the remote computer system when the device is located at a first geographic location; during the telecommunication linkage, a second geographic location is identified via audio transmission, the second geographic location different from the first geographic location; detecting transporting of the device to the second geographic location after the termination of the telecommunication linkage; at the second location, transmitting a signal from the device to the remote computer system, the signal comprising an identity of an item of consent data, a transaction identity, a device identity, an indicator that the device is located at the second geographic location, a time period, and the device user; based on the second location, activating a consent scheme on the device comprising: retrieving a first list, the first list identifying a group of system applications associated with the identified item of consent data; deactivating active system resources of system applications absent from the first list; reactivating dormant system resources required to activate a first collection of dormant system applications of the first list, the first collection of system applications verifying that the device is in fact at the second geographic location and that the second geographic location matches a predetermined value associated with the identified item of consent data; reactivating dormant system resources required to activate a second collection of dormant system applications of the first list, the second collection of system applications verifying that the time period matches a predetermined value associated with the identified item of consent data; reactivating dormant system resources required to activate a third collection of dormant system applications of the first list, the third collection of system applications verifying that the device identify matches a predetermined value associated with the identified item of consent data; based on the second location, activating an authorization scheme comprising: retrieving a second list, the second list identifying a group of default system applications associated with both the transaction and the identified item of consent data; deactivating active system resources of system applications absent from the second list; activating dormant system resources of system applications present on the second list; and utilizing data generated by the active system applications and the signal to generate and return an approval value; when all of the second geographic location, time period, and device identity match their respective predetermined values, the remote computer system changes the operation of the device to optimize the preparation of the identified item of consent data, the change in operation comprising: altering the luminosity of a screen on the device, altering the size of text characters displayed on the screen of the device, and terminating communication between the device and any computer system other than the remote computer system; creating the identified item of consent data and uploading the item of consent data from the device to the remote computer system; and when, over the course of a 30-day period, a default application is deactivated by the authorization scheme or consent scheme more times than a non-default application is activated by the authorization scheme or consent scheme, replacing the default application with the non-default application in the default list.

“2. The method of claim 1 wherein the item of consent data is one item selected from the group consisting of a digital document, an electronic signature, a scanned copy of a paper document, a scanned copy of a hand signature, a digital affirmation, a text bearing digital file, an audio recording of a conversation, a video recording of a conversation, and any combination thereof, and comprises meta-data and an SHA Hash.

“3. The method of claim 1 wherein the authorization scheme is activated before the consent scheme is activated.

“4. The method of claim 1 wherein the device’s identity is verified by comparing its MAC address to items selected from the group consisting of a list of approved MAC addresses, a list of disapproved MAC addresses, and any combination thereof.

“5. The method of claim 1 wherein the device’s geographic location is verified by comparing its MAC address to items selected from the group consisting of a list of approved MAC addresses, a list of disapproved MAC addresses, and any combination thereof.

“6. The method of claim 1 wherein the signal is transmitted from the device via a multi layered network comprising multiple MAC addresses and the geographic location verified by comparing all the involved MAC addresses to items selected from the group consisting of a list of approved MAC addresses, a list of disapproved MAC addresses, and any combination thereof.

“7. The method of claim 1 wherein the device’s geographic location is verified by comparing its IP address to a geographic location associated with the IP addresses.

“8. The method of claim 1 wherein the device’s geographic location is verified by analyzing meta-data embedded within the signal or embedded within the item of consent data.

“9. The method of claim 1 wherein the device is logged onto the remote computer system via an ISP server over the internet and the geographic location is verified by identifying MAC addresses IP addresses associated with the ISP server.

“10. The method of claim 1 wherein the device is logged onto the remote computer system via an integrated component of the remote computer system and the geographic location is verified by identifying a known physical location of the integrated component.

“11. The method of claim 1 wherein the system applications are executed software applications selected from the group consisting of: geography confirming software, time retrieval software, time stamping software, fingerprint recognition program, voice recognition program, iris recognition program, DNA recognition program, camera, facial recognition program, document recognition program, personal data confirmation, distributed database blockchain data confirmation, risk assessment program, behavior prediction program, bar code scanners, optical scanners, biomarker scanners, token identification scanner, magnetic scanner, card reader, heartrate reader, blood-oxygen reader, x-ray scanner, transponder reader, and any combination thereof.

“12. The method of claim 11 wherein the authorization scheme comprises receiving a second signal from the device and the executed software compares data within the second signal to data on file within the remote computer system, at least one active system application generates an approval value that cannot be within the first predetermined threshold when the data within the second signal diverges from the data on file within the remote computer system by more than a predetermined amount.

“13. The method of claim 1 comprising a blacklist, the blacklist comprising a list of one or more of specific geographic locations, time periods, device identities, MAC addresses, IP addresses, and meta-data that will always generate an approval value that cannot be within the predetermined threshold.

“14. The method of claim 1 further comprising creating a timestamp associated with the consent data on the device, comparing the device consent data timestamp to all timestamps of all stored items of consent data within the remote computer system, and rejecting the upload of the item of consent data from the device if any timestamps of stored items of consent data within the remote computer system matches the device consent data timestamp.”

For more information, see this patent: Votaw, Elizabeth S.; Smiddy, David J.; Sidharth, Fnu; Shannon, Stephen T.; Alexander, James. Dynamic Digital Consent. U.S. Patent Number 10,417,401, filed July 30, 2017, and published online on September 30, 2019. Patent URL: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=10,417,401.PN.&OS=PN/10,417,401RS=PN/10,417,401

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