DETAILED ACTION
Amendment received on June 15, 2026 has been acknowledged. Claims 10-14 have been previously withdrawn and amendments to 1 and 15 have been entered. Therefore, claims 1-23 are pending.
Election/Restrictions
This application is in condition for allowance except for the presence of claims 1-9 and 15-23 directed to an invention non-elected without traverse.
Response to Arguments
Applicant’s arguments, see Remarks, filed June 15, 2026, with respect to claims 1-9 and 15-23 have been fully considered and are persuasive. The 35 USC 101 “Alice” rejection of claims 1-9 and 15-23 has been withdrawn.
Allowable Subject Matter
Claims 1-9 and 15-23 recite allowable subject matter of record.
Reasons for Allowance
The most remarkable prior arts on record are to Soestbergen et al., U.S. Patent Application Publication 2002/0143693 and Tregidga WO 2013029108.
Soestbergen et al., is directed to system and method of for the banking and trading of emissions reductions credits ERC's and a computer site therefore. The system and method of the present invention utilizes a global communication network to trade ERC's. Soestbergen et al., Abstract.
Tregidga is directed to a method of providing a commodity but more particularly to a method of displaying a supply charge for a commodity through a distribution network and a device for displaying a supply charge for a commodity through a distribution network. Tregidga, Abstract.
Soestbergen et al. nor Tregidga teach the limitations of the claimed invention, a regulator computer system, connected to the computer system, that sets the baseline tier quantity of the scarce commodity purchasable by each purchaser; the processor of the computer system being further configured to:
receive a transaction in which the purchaser chooses to purchase a particular quantity of the scarce commodity sold by a particular vendor of the plurality of vendors; and determine, when the particular quantity does not exceed the baseline tier quantity, the baseline price is used by the particular vendor for the particular quantity of the scarce commodity. Moreover, none of the prior art of record remedies the deficiencies found in Soestbergen et al. and Tregidga or could be combined with any other reference to produce the claimed invention.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Terminal Disclaimer
A terminal disclaimer may be effective to overcome a nonstatutory double patenting rejection over a reference patent (37 CFR 1.321(b) and (c)). 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. 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/PatentForms. The filing date of the application will determine what form 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/TerminalDisclaimer.
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 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 10 of U.S. Patent No. 11,734,698. Although the claims at issue are not identical, they are not patentably distinct from each other because both cases are concerned with displaying a purchasable item to a purchaser, determining a baseline tier for a scarce commodity, communicating the baseline tier, receiving a transaction to purchase a quantity of scarce commodity and charge the baseline price for the particular quantity of the scarce commodity.
As per Claim 1, ‘698 discloses a system, comprising:
a computer system having a processor and a plurality of instructions executed by the processor that is configured to display a scarce commodity to a purchaser, the scarce commodity being sold by a plurality of vendors and has a baseline tier having a quantity of the scarce commodity purchasable at a baseline price from any of the plurality of vendors; a regulator computer system, connected to the computer system, that sets the baseline tier quantity of the scarce commodity purchasable by each purchaser; the processor of the computer system being further configured to:
receive a transaction in which the purchaser chooses to purchase a particular quantity of the scarce commodity sold by a particular vendor of the plurality of vendors; and
charge, when the particular quantity does not exceed the baseline tier quantity, the baseline price for the particular quantity of the scarce commodity. (Claim 1)
Claim 1 of the instant application teaches a computer system to display a scarce commodity to a purchaser, a regulator computer system that sets a baseline price, receive a transaction for a particular quantity and charge the baseline price for the particular quantity of the scarce commodity. Claim 1 of the instant application fails to disclose storing the baseline tier and the higher tier of the scarce commodity and, for the purchaser, a predetermined quantity of the scarce commodity from an previously purchased purchasable item; receive a transaction in which the purchaser chooses to purchase the purchasable item having a particular quantity of the scarce commodity sold by a particular vendor of the plurality of vendors.
Claim 1 of the issued patent recites a computer system displays a purchasable item to a purchaser, a regulator computer system, that determines the baseline tier and the higher tier for the scarce commodity and communicates the baseline tier and higher tier for the scarce commodity to the computer system, store the baseline tier and the higher tier of the scarce commodity and, for the purchaser, a predetermined quantity of the scarce commodity from an previously purchased purchasable item; receive a transaction in which the purchaser chooses to purchase the purchasable item having a particular quantity of the scarce commodity sold by a particular vendor of the plurality of vendors and charge, if a sum of the particular quantity and the stored predetermined quantity for the purchaser do not exceed the baseline tier quantity, the baseline price for the particular quantity of the scarce commodity; and charge, if the sum sun of the particular quantity and the stored predetermined quantity for the purchaser exceeds the baseline tier quantity, the higher price for the particular quantity of the scarce commodity.
It would have been obvious to one having skill in the art before the effective filing date, to modify the system recited in claim 1 of the instant application to include the ability to store the baseline tier and the higher tier of the scarce commodity and, for the purchaser, a predetermined quantity of the scarce commodity from an previously purchased purchasable item; receive a transaction in which the purchaser chooses to purchase the purchasable item having a particular quantity of the scarce commodity sold by a particular vendor of the plurality of vendors.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter with substantially similar claim language.
As per Claim 15, ‘698 discloses, a system, comprising:
a computer system having a processor and a plurality of instructions executed by the processor that is configured to display a scarce commodity to a purchaser, the scarce commodity being sold by each of a plurality of vendors in an industry for the scarce commodity and has a baseline tier having a quantity of the scarce commodity purchasable at a baseline price from any of the plurality of vendors;
a regulator computer system, connected to the computer system, that sets the baseline tier quantity of the scarce commodity purchasable by each purchaser;
the processor of the computer system being further configured to:
receive a transaction in which the purchaser chooses to purchase a particular quantity of the scarce commodity sold by a particular vendor of the plurality of vendors in an industry for the scarce commodity; and
charge, when the particular quantity does not exceed the baseline tier quantity, the baseline price for the particular quantity of the scarce commodity.
Claim 15 of the instant application teaches a computer system to display a scarce commodity to a purchaser, a regulator computer system that sets a baseline price, receive a transaction for a particular quantity and charge the baseline price for the particular quantity of the scarce commodity. Claim 1 of the instant application fails to disclose storing the baseline tier and the higher tier of the scarce commodity and, for the purchaser, a predetermined quantity of the scarce commodity from an previously purchased purchasable item; receive a transaction in which the purchaser chooses to purchase the purchasable item having a particular quantity of the scarce commodity sold by a particular vendor of the plurality of vendors.
Claim 10 of the issued patent recites a computer system displays a purchasable item to a purchaser, a regulator computer system, that determines the baseline tier and the higher tier for the scarce commodity and communicates the baseline tier and higher tier for the scarce commodity to the computer system, store the baseline tier and the higher tier of the scarce commodity and, for the purchaser, a predetermined quantity of the scarce commodity from an previously purchased purchasable item; receive a transaction in which the purchaser chooses to purchase the purchasable item having a particular quantity of the scarce commodity sold by a particular vendor of the plurality of vendors and charge, if a sum of the particular quantity and the stored predetermined quantity for the purchaser do not exceed the baseline tier quantity, the baseline price for the particular quantity of the scarce commodity; and charge, if the sum sun of the particular quantity and the stored predetermined quantity for the purchaser exceeds the baseline tier quantity, the higher price for the particular quantity of the scarce commodity.
It would have been obvious to one having skill in the art before the effective filing date, to modify the system recited in claim 15 of the instant application to include the ability to store the baseline tier and the higher tier of the scarce commodity and, for the purchaser, a predetermined quantity of the scarce commodity from an previously purchased purchasable item; receive a transaction in which the purchaser chooses to purchase the purchasable item having a particular quantity of the scarce commodity sold by a particular vendor of the plurality of vendors.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter with substantially similar claim language.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHFORD S HAYLES whose telephone number is (571)270-5106. The examiner can normally be reached M-F 6AM-4PM with Flex.
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/ASHFORD S HAYLES/Primary Examiner, Art Unit 3627
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