DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
Claims 1-17 are currently pending in application 18/603,540.
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Independent Claims 1, 9, and 16 recite the limitations “the stored value identifier”. There is insufficient antecedent basis for this limitation in the claims. Correction for proper antecedent basis is requested. (i.e. the stored value card identifier).
Independent Claims 1, 9, and 16 recite the limitation “the logical address”. There is insufficient antecedent basis for this limitation in the claims. Correction for proper antecedent basis is requested.
Claims 2-8, 10-15, and 17 are also rejected as being dependent from claims 1, 9, and 16, under the same rationale and reasoning as identified above.
Claim 8 recites the limitation “the software application”. There is insufficient antecedent basis for this limitation in the claims. Correction for proper antecedent basis is requested.
Claim 3 further recites the following, “the further step of the one or more charities defining the rules under which it will receive donations based on the one or more purchases made by each of the one or more members using each of the one or more members' one or more financial cards.”
However, the Examiner is unclear how the one or more members' one or more financial cards integrate/ interact with the rest of the claimed elements. Is the Applicant referring to the stored value card? Is the stored value card and the financial card the same card? How is the financial card different from the stored value card? If the financial card is different that the stored value card, how is it functionally related with the other claimed elements?
Information Disclosure Statement
The listing of references in the specification (see below) is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
“[0007] The prior art discloses some attempts to fundraise in a way that benefits donors and others. For example, COMMUNITY SMART™ makes credit cards available, wherein specified donations are made to a charity of the customer's choice.
[0008] Other examples include KIDS FUTURES™ and UPROMISE™. These prior art solutions provide co-branded financial cards with a charity as a partner, which are issued to a customer who uses it and the charity shares in the applicable interchange fees.”
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-17 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-15 of U.S. Patent No. US 10,861,062 B2. This is a statutory double patenting rejection.
18/603,540
US 10,861,062 B2
1. A method performed by an Internet server hardware system executing a software application, the method comprising:
receiving, for each of a plurality of charities, charity information from a network location associated with the charity, wherein the charity information defines at least one geographic region associated with the charity;
receiving, for each of a plurality of merchants, merchant information from a network location associated with the merchant, wherein the merchant information includes a geographic address of the merchant and a donation formula for the merchant;
receiving, for each of a plurality of sponsors, sponsor information from a network location associated with the sponsor;
receiving, for each of a plurality of members, member information from a network location associated with the member, wherein the member information includes a stored value card identifier associated with a stored value card corresponding to one said sponsor and a currency amount; generating with a member identification generation engine, a member identifier from the stored value card identifier included in the member information; storing the member identifier in a member ID table;
receiving, at the Internet server hardware system from one or more merchant transaction computers, transaction information relating to a plurality of commercial transactions conducted by a plurality of members and merchants conducting commercial transactions, wherein the transaction data for each said transaction data is derived from: the date, the time, and transaction amount for the transaction; member transaction data including a Bank Identification Number (BIN) for a financial card that is registered to the member; and merchant transaction data settled by a merchant acquirer for the merchant; and
upon the receipt of the transaction information from one said transaction with one said merchant that includes the merchant information of the one said merchant, the stored value card identifier associated with the stored value card involved in the transaction, and a currency amount of the transaction: updating the currency amount for the stored value card corresponding to the stored value card identifier included in the transaction information using: the current value of the currency amount for the stored value card; and
the currency amount of the transaction; generating, with the member identification generation engine, a member identifier associated with the stored value identifier included in the transaction information; and
upon determining that: the member identifier generated from the transaction information corresponds to a data instance in the member ID table;
the geographic address of the one said merchant identified in the transaction information is within one of the at least one geographic region associated with one said charity; and
the stored value card identifier is associated with the one said charity; then: updating the current value of the currency amount for the stored value card using a donation by the merchant to the one said charity calculated using: the currency amount of the transaction;
the donation formula in the merchant information for the one said merchant; and
the current value of the donation by the merchant to the one said charity;
sending a survey pertaining to the sale to the logical address network location of a corresponding one said member who conducted the transaction with the one said merchant;
receiving, in response to the survey, a survey response pertaining to the sale from the network location of the one said member; differentiating and associating the Bank Identification (BIN) number to a promotional code so as to be differentiated by the stored value identifier included in the transaction information; and
sending to the logical address network location of the corresponding one said member who conducted the transaction with the one said merchant, in response to the receiving of the survey response pertaining to the transaction, the promotional code for use by the corresponding one said member in a forthcoming transaction with the one said merchant.
2. The method claimed in claim 1, wherein: the Internet server hardware system further comprises a web server; and the steps further comprise: receiving a request from a client requesting service of a web page; retrieving, using information in the request, data to be contained in the requested web page; and serving, in response to the request, the requested web page containing the retrieved data, wherein the retrieved data is selected from the group consisting of: the charity information for one said charity; the merchant information for one said merchant; the sponsor information for one said sponsor; and the member information for one said member.
3. The method as defined in claim 1, comprising the further step of the one or more charities defining the rules under which it will receive donations based on the one or more purchases made by each of the one or more members using each of the one or more members' one or more financial cards.
4. The method claimed in claim 1, comprising the further step of the one or more charities defining rules that specify the manner in which the donation is received.
5. The method claimed in claim 1, comprising the further step of the one or more charities defining rules that specify the manner in which the donation is dispersed to any one or more beneficiaries of the one or more charities.
6. The method as defined in claim 1, wherein the one or more charities receive the donations based upon a geographical location of each of the regional charities and a geographical location of the purchases transactions made by the one or more members.
7. The method claimed in claim 1, wherein when the geographic address of the one said merchant is not within the defined geographic region associated with the one said charity, updating a donation currency amount of the merchant for a default said charity using: the currency amount of the transaction; the donation formula in the merchant information for the merchant; and the current value of the donation currency amount for the merchant for the default said charity.
9. An Internet server hardware system comprising at least one server, the server being configured to: receive, for each of a plurality of charities, charity information from a network location associated with the charity, wherein the charity information includes a geographic address of the charity; receive, for each of a plurality of sponsors, sponsor information from a network location of the sponsor; receive, for each of a plurality of members, member information from a network location associated with the member, wherein the member information includes a stored value card identifier associated with a stored value card corresponding to one said sponsor and a currency amount; generate with a member identification generation engine, a member identifier from the stored value card identifier included in the member information; store the member identifier in a member ID table; receive, for each of a plurality of merchants: merchant information from a network location associated with the merchant, wherein the merchant information includes a geographic address of the merchant; and a donation formula for the merchant; receive, at the server from one or more merchant transaction computers, transaction information relating to a plurality of commercial transactions conducted by a plurality of members and merchants conducting commercial transactions, wherein the transaction data for each said transaction data is derived from: the date, the time, and transaction amount for the transaction; member transaction data including a Bank Identification Number (BIN) for a financial card that is registered to the member; and merchant transaction data settled by a merchant acquirer for the merchant; and upon the receipt of the transaction information from one said transaction with one said merchant that includes the merchant information of the one said merchant, the stored value card identifier associated with the stored value card involved in the transaction, and a currency amount of the transaction: update the currency amount for the stored value card corresponding to the stored value card identifier included in the transaction information using: the current value of the currency amount for the stored value card; and the currency amount of the transaction; generate, with the member identification generation engine, a member identifier associated with the stored value identifier included in the transaction information; and upon a determination that: the member identifier generated from the transaction information corresponds to a data instance in the member ID table; the geographic address of the one said merchant identified in the transaction information is within a defined geographic region associated with the one said charity; and the stored value card identifier is associated with the one said charity; then: update the current value of the currency amount for the stored value card using a donation by the merchant to the one said charity calculated using: the currency amount of the transaction; the donation formula in the merchant information for the one said merchant; and the current value of the donation by the merchant to the one said charity; send a survey pertaining to the transaction to the network location associated with a corresponding one said member who conducted the transaction with the one said merchant; receive, in response to the survey, a survey response pertaining to the sale from the network location associated with the one said member; differentiate and associate the Bank Identification (BIN) number to a promotional code so as to be differentiated by the stored value identifier included in the transaction information; and send to the logical address network location of the corresponding one said member who conducted the transaction with the one said merchant, in response to the receiving of the survey response pertaining to the transaction, the promotional code for use by the corresponding one said member in a forthcoming transaction with the one said merchant.
10. The Internet server hardware system as defined in 9, wherein the at least one server includes a web server configured to: receive a request from a client requesting service of a web page; retrieve, using information in the request, data to be contained in the requested web page; and serve, in response to the request, the requested web page containing the retrieved data, wherein the retrieved data is selected from the group consisting of: the charity information for one said charity; the merchant information for one said merchant; the sponsor information for one said sponsor; and the member information for one said member.
11. The Internet server hardware system as defined in claim 9, wherein when the geographic address of the one said merchant is not within the defined geographic region associated with the one said charity, the at least one server is configured to update a donation currency amount of the merchant for a default said charity using: the currency amount of the transaction; the donation formula in the merchant information for the merchant; and the current value of the donation currency amount for the merchant for the default said charity.
12. The Internet server hardware system claimed in claim 9, wherein the at least one server provides a web interface for the one or more charities to define rules under which they will receive donations from the plurality of merchants in connection with one or more transactions.
13. The Internet server hardware system claimed in claim 9, further comprising a transaction facility operable to process financial transactions for the one or more charities based on one or more transactions between at least one of the plurality of merchants and the at least one of the plurality of members based on rules defined by the at least one of the plurality of merchants.
14. The Internet server hardware system claimed in claim 13, wherein the one or more charities receive the donations based upon their respective geographical locations and a geographical location of the transactions made by at least one of the plurality of members.
8./ 15./ 16. A non-transient computer readable medium comprising software executable by an Internet server hardware system, the Internet server hardware system performing a plurality of steps, wherein the steps include: receiving, for each of a plurality of charities, charity information from a network location associated with the charity, wherein the charity information includes a geographic address of the charity; receiving, for each of a plurality of merchants, merchant information from a network location associated with the merchant, wherein the merchant information includes a geographic address of the merchant and a donation formula for the merchant; receiving, for each of a plurality of sponsors, sponsor information from a network location associated with the sponsor; receiving, for each of a plurality of members, member information from a network location associated with the member, wherein the member information includes a stored value card identifier associated with a stored value card corresponding to one said sponsor and a currency amount; generating with a member identification generation engine, a member identifier from the stored value card identifier included in the member information; storing the member identifier in a member ID table; receiving, at the Internet server hardware system from one or more merchant transaction computers, transaction information relating to a plurality of commercial transactions conducted by a plurality of members and merchants conducting commercial transactions, wherein the transaction data for each said transaction data is derived from: the date, the time, and transaction amount for the transaction; member transaction data including a Bank Identification Number (BIN) for a financial card that is registered to the member; and merchant transaction data settled by a merchant acquirer for the merchant; and upon the receipt of the transaction information from one said transaction with one said merchant that includes the merchant information of the one said merchant, the stored value card identifier associated with the stored value card involved in the transaction, and a currency amount of the transaction: updating the currency amount for the stored value card corresponding to the stored value card identifier included in the transaction information using: the current value of the currency amount for the stored value card; and the currency amount of the transaction; generating, with the member identification generation engine, a member identifier associated with the stored value identifier included in the transaction information; and upon determining that: the member identifier generated from the transaction information corresponds to a data instance in the member ID table; the geographic address of the one said merchant identified in the transaction information is within a defined geographic region associated with one said charity; and the stored value card identifier is associated with the one said charity; then: updating the current value of the currency amount for the stored value card a donation by the merchant to the one said charity calculated using: the currency amount of the transaction; the donation formula in the merchant information for the one said merchant; and the current value of the donation by the merchant to the one said charity; sending a survey pertaining to the sale to the logical address network location of the one said member; receiving, in response to the survey, a survey response pertaining to the sale from the network location of the one said member; differentiating and associating the Bank Identification (BIN) number to a promotional code so as to be differentiated by the stored value identifier included in the transaction information; and sending to the logical address network location of the corresponding one said member who conducted the transaction with the one said merchant, in response to the receiving of the survey response pertaining to the transaction, the promotional code for use by the corresponding one said member in a forthcoming transaction with the one said merchant.
17. The non-transient computer readable medium claimed in claim 16, wherein the steps further comprise, for each request received from a client requesting service of a web page: retrieving, using information in the request, data to be contained in the requested web page; and serving, in response to the request, the requested web page containing the retrieved data, wherein the retrieved data is selected from the group consisting of: the charity information for one said charity; the merchant information for one said merchant; the sponsor information for one said sponsor; and the member information for one said member.
1. A method performed by an Internet server hardware system executing a software application, the method comprising:
receiving, for each of a plurality of charities, charity information from a network location associated with the charity, wherein the charity information defines at least one geographic region associated with the charity;
receiving, for each of a plurality of merchants, merchant information from a network location associated with the merchant, wherein the merchant information includes a geographic address of the merchant and a donation formula for the merchant;
receiving, for each of a plurality of sponsors, sponsor information from a network location associated with the sponsor;
receiving, for each of a plurality of members, member information from a network location associated with the member, wherein the member information includes a stored value card identifier associated with a stored value card corresponding to one said sponsor and a currency amount; generating with a member identification generation engine, a member identifier from the stored value card identifier included in the member information; storing the member identifier in a member ID table;
receiving, at the Internet server hardware system from one or more merchant transaction computers, transaction information relating to a plurality of commercial transactions conducted by a plurality of members and merchants conducting commercial transactions, wherein the transaction data for each said transaction data is derived from: the date, the time, and transaction amount for the transaction; member transaction data including a Bank Identification Number (BIN) for a financial card that is registered to the member; and merchant transaction data settled by a merchant acquirer for the merchant; and
upon the receipt of the transaction information from one said transaction with one said merchant that includes the merchant information of the one said merchant, the stored value card identifier associated with the stored value card involved in the transaction, and a currency amount of the transaction: updating the currency amount for the stored value card corresponding to the stored value card identifier included in the transaction information using: the current value of the currency amount for the stored value card; and
the currency amount of the transaction; generating, with the member identification generation engine, a member identifier associated with the stored value identifier included in the transaction information; and
upon determining that: the member identifier generated from the transaction information corresponds to a data instance in the member ID table;
the geographic address of the one said merchant identified in the transaction information is within one of the at least one geographic region associated with one said charity; and
the stored value card identifier is associated with the one said charity; then: updating the current value of the currency amount for the stored value card using a donation by the merchant to the one said charity calculated using: the currency amount of the transaction;
the donation formula in the merchant information for the one said merchant; and the
current value of the donation by the merchant to the one said charity;
sending a survey pertaining to the sale to the logical address network location of a corresponding one said member who conducted the transaction with the one said merchant;
receiving, in response to the survey, a survey response pertaining to the sale from the network location of the one said member; differentiating and associating the Bank Identification (BIN) number to a promotional code so as to be differentiated by the stored value identifier included in the transaction information; and
sending to the logical address network location of the corresponding one said member who conducted the transaction with the one said merchant, in response to the receiving of the survey response pertaining to the transaction, the promotional code for use by the corresponding one said member in a forthcoming transaction with the one said merchant.
2. The method claimed in claim 1, wherein: the Internet server hardware system further comprises a web server; and the steps further comprise: receiving a request from a client requesting service of a web page; retrieving, using information in the request, data to be contained in the requested web page; and serving, in response to the request, the requested web page containing the retrieved data, wherein the retrieved data is selected from the group consisting of: the charity information for one said charity; the merchant information for one said merchant; the sponsor information for one said sponsor; and the member information for one said member.
3. The method as defined in claim 1, comprising the further step of the one or more charities defining the rules under which it will receive donations based on the one or more purchases made by each of the one or more members using each of the one or more members' one or more financial cards.
4. The method claimed in claim 1, comprising the further step of the one or more charities defining rules that specify the manner in which the donation is received.
5. The method claimed in claim 1, comprising the further step of the one or more charities defining rules that specify the manner in which the donation is dispersed to any one or more beneficiaries of the one or more charities.
6. The method as defined in claim 1, wherein the one or more charities receive the donations based upon a geographical location of each of the regional charities and a geographical location of the purchases transactions made by the one or more members.
7. The method claimed in claim 1, wherein when the geographic address of the one said merchant is not within the defined geographic region associated with the one said charity, updating a donation currency amount of the merchant for a default said charity using: the currency amount of the transaction; the donation formula in the merchant information for the merchant; and the current value of the donation currency amount for the merchant for the default said charity.
8. An Internet server hardware system comprising at least one server, the server being configured to: receive, for each of a plurality of charities, charity information from a network location associated with the charity, wherein the charity information includes a geographic address of the charity; receive, for each of a plurality of sponsors, sponsor information from a network location of the sponsor; receive, for each of a plurality of members, member information from a network location associated with the member, wherein the member information includes a stored value card identifier associated with a stored value card corresponding to one said sponsor and a currency amount; generate with a member identification generation engine, a member identifier from the stored value card identifier included in the member information; store the member identifier in a member ID table; receive, for each of a plurality of merchants: merchant information from a network location associated with the merchant, wherein the merchant information includes a geographic address of the merchant and a donation formula for the merchant; receive, at the server from one or more merchant transaction computers, transaction information relating to a plurality of commercial transactions conducted by a plurality of members and merchants conducting commercial transactions, wherein the transaction data for each said transaction data is derived from: the date, the time, and transaction amount for the transaction; member transaction data including a Bank Identification Number (BIN) for a financial card that is registered to the member; and merchant transaction data settled by a merchant acquirer for the merchant; and upon the receipt of the transaction information from one said transaction with one said merchant that includes the merchant information of the one said merchant, the stored value card identifier associated with the stored value card involved in the transaction, and a currency amount of the transaction: update the currency amount for the stored value card corresponding to the stored value card identifier included in the transaction information using: the current value of the currency amount for the stored value card; and the currency amount of the transaction; generate, with the member identification generation engine, a member identifier associated with the stored value identifier included in the transaction information; and upon a determination that: the member identifier generated from the transaction information corresponds to a data instance in the member ID table; the geographic address of the one said merchant identified in the transaction information is within a defined geographic region associated with the one said charity; and the stored value card identifier is associated with the one said charity; then: update the current value of the currency amount for the stored value card using a donation by the merchant to the one said charity calculated using: the currency amount of the transaction; the donation formula in the merchant information for the one said merchant; and the current value of the donation by the merchant to the one said charity; send a survey pertaining to the transaction to the network location associated with a corresponding one said member who conducted the transaction with the one said merchant; receive, in response to the survey, a survey response pertaining to the sale from the network location associated with the one said member; differentiate and associate the Bank Identification (BIN) number to a promotional code so as to be differentiated by the stored value identifier included in the transaction information; and send to the logical address network location of the corresponding one said member who conducted the transaction with the one said merchant, in response to the receiving of the survey response pertaining to the transaction, the promotional code for use by the corresponding one said member in a forthcoming transaction with the one said merchant.
9. The Internet server hardware system as defined in 8, wherein the at least one server includes a web server configured to: receive a request from a client requesting service of a web page; retrieve, using information in the request, data to be contained in the requested web page; and serve, in response to the request, the requested web page containing the retrieved data, wherein the retrieved data is selected from the group consisting of: the charity information for one said charity; the merchant information for one said merchant; the sponsor information for one said sponsor; and the member information for one said member.
10. The Internet server hardware system as defined in claim 8, wherein when the geographic address of the one said merchant is not within the defined geographic region associated with the one said charity, the at least one server is configured to update a donation currency amount of the merchant for a default said charity using: the currency amount of the transaction; the donation formula in the merchant information for the merchant; and the current value of the donation currency amount for the merchant for the default said charity.
11. The Internet server hardware system claimed in claim 8, wherein the at least one server provides a web interface for the one or more charities to define rules under which they will receive donations from the plurality of merchants in connection with one or more transactions.
12. The Internet server hardware system claimed in claim 8, further comprising a transaction facility operable to process financial transactions for the one or more charities based on one or more transactions between at least one of the plurality of merchants and the at least one of the plurality of members based on rules defined by the at least one of the plurality of merchants.
13. The Internet server hardware system claimed in claim 12, wherein the one or more charities receive the donations based upon their respective geographical locations and a geographical location of the transactions made by at least one of the plurality of members.
14. A non-transient computer readable medium comprising software executable by an Internet server hardware system, the Internet server hardware system performing a plurality of steps, wherein the steps include: receiving, for each of a plurality of charities, charity information from a network location associated with the charity, wherein the charity information includes a geographic address of the charity; receiving, for each of a plurality of merchants, merchant information from a network location associated with the merchant, wherein the merchant information includes a geographic address of the merchant and a donation formula for the merchant; receiving, for each of a plurality of sponsors, sponsor information from a network location associated with the sponsor; receiving, for each of a plurality of members, member information from a network location associated with the member, wherein the member information includes a stored value card identifier associated with a stored value card corresponding to one said sponsor and a currency amount; generating with a member identification generation engine, a member identifier from the stored value card identifier included in the member information; storing the member identifier in a member ID table; receiving, at the Internet server hardware system from one or more merchant transaction computers, transaction information relating to a plurality of commercial transactions conducted by a plurality of members and merchants conducting commercial transactions, wherein the transaction data for each said transaction data is derived from: the date, the time, and transaction amount for the transaction; member transaction data including a Bank Identification Number (BIN) for a financial card that is registered to the member; and merchant transaction data settled by a merchant acquirer for the merchant; and upon the receipt of the transaction information from one said transaction with one said merchant that includes the merchant information of the one said merchant, the stored value card identifier associated with the stored value card involved in the transaction, and a currency amount of the transaction: updating the currency amount for the stored value card corresponding to the stored value card identifier included in the transaction information using: the current value of the currency amount for the stored value card; and the currency amount of the transaction; generating, with the member identification generation engine, a member identifier associated with the stored value identifier included in the transaction information; and upon determining that: the member identifier generated from the transaction information corresponds to a data instance in the member ID table; the geographic address of the one said merchant identified in the transaction information is within a defined geographic region associated with one said charity; and the stored value card identifier is associated with the one said charity; then: updating the current value of the currency amount for the stored value card a donation by the merchant to the one said charity calculated using: the currency amount of the transaction; the donation formula in the merchant information for the one said merchant; and the current value of the donation by the merchant to the one said charity; sending a survey pertaining to the sale to the logical address network location of the one said member; receiving, in response to the survey, a survey response pertaining to the sale from the network location of the one said member; differentiating and associating the Bank Identification (BIN) number to a promotional code so as to be differentiated by the stored value identifier included in the transaction information; and sending to the logical address network location of the corresponding one said member who conducted the transaction with the one said merchant, in response to the receiving of the survey response pertaining to the transaction, the promotional code for use by the corresponding one said member in a forthcoming transaction with the one said merchant.
15. The non-transient computer readable medium claimed in claim 14, wherein the steps further comprise, for each request received from a client requesting service of a web page: retrieving, using information in the request, data to be contained in the requested web page; and serving, in response to the request, the requested web page containing the retrieved data, wherein the retrieved data is selected from the group consisting of: the charity information for one said charity; the merchant information for one said merchant; the sponsor information for one said sponsor; and the member information for one said member.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 11,210,711 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the inventions disclose equivalent elements for the creation and administration of an automated cause marketing system.
18/603,540
US 11,210,711 B2
Claims 1, 8, 9, 15, and 16
A method (system, non-transient computer readable medium comprising the software application executable by the Internet server hardware system) performed by an Internet server hardware system executing a software application, the method comprising:
receiving, for each of a plurality of charities, charity information from a network location associated with the charity, wherein the charity information defines at least one geographic region associated with the charity;
receiving, for each of a plurality of merchants, merchant information from a network location associated with the merchant, wherein the merchant information includes a geographic address of the merchant and a donation formula for the merchant;
receiving, for each of a plurality of sponsors, sponsor information from a network location associated with the sponsor;
receiving, for each of a plurality of members, member information from a network location associated with the member, wherein the member information includes a stored value card identifier associated with a stored value card corresponding to one said sponsor and a currency amount; generating with a member identification generation engine, a member identifier from the stored value card identifier included in the member information; storing the member identifier in a member ID table;
receiving, at the Internet server hardware system from one or more merchant transaction computers, transaction information relating to a plurality of commercial transactions conducted by a plurality of members and merchants conducting commercial transactions,
wherein the transaction data for each said transaction data is derived from: the date, the time, and transaction amount for the transaction; member transaction data including a Bank Identification Number (BIN) for a financial card that is registered to the member; and merchant transaction data settled by a merchant acquirer for the merchant; and
upon the receipt of the transaction information from one said transaction with one said merchant that includes the merchant information of the one said merchant, the stored value card identifier associated with the stored value card involved in the transaction, and a currency amount of the transaction:
updating the currency amount for the stored value card corresponding to the stored value card identifier included in the transaction information using: the current value of the currency amount for the stored value card; and
the currency amount of the transaction; generating, with the member identification generation engine, a member identifier associated with the stored value identifier included in the transaction information; and
upon determining that: the member identifier generated from the transaction information corresponds to a data instance in the member ID table;
the geographic address of the one said merchant identified in the transaction information is within one of the at least one geographic region associated with one said charity; and
the stored value card identifier is associated with the one said charity; then: updating the current value of the currency amount for the stored value card using a donation by the merchant to the one said charity calculated using: the currency amount of the transaction;
the donation formula in the merchant information for the one said merchant; and
the current value of the donation by the merchant to the one said charity;
sending a survey pertaining to the sale to the logical address network location of a corresponding one said member who conducted the transaction with the one said merchant;
receiving, in response to the survey, a survey response pertaining to the sale from the network location of the one said member;
differentiating and associating the Bank Identification (BIN) number to a promotional code so as to be differentiated by the stored value identifier included in the transaction information; and
sending to the logical address network location of the corresponding one said member who conducted the transaction with the one said merchant, in response to the receiving of the survey response pertaining to the transaction, the promotional code for use by the corresponding one said member in a forthcoming transaction with the one said merchant.
2. The method claimed in claim 1, wherein: the Internet server hardware system further comprises a web server; and the steps further comprise: receiving a request from a client requesting service of a web page; retrieving, using information in the request, data to be contained in the requested web page; and serving, in response to the request, the requested web page containing the retrieved data, wherein the retrieved data is selected from the group consisting of: the charity information for one said charity; the merchant information for one said merchant; the sponsor information for one said sponsor; and the member information for one said member.
3. The method as defined in claim 1, comprising the further step of the one or more charities defining the rules under which it will receive donations based on the one or more purchases made by each of the one or more members using each of the one or more members' one or more financial cards.
4. The method claimed in claim 1, comprising the further step of the one or more charities defining rules that specify the manner in which the donation is received.
5. The method claimed in claim 1, comprising the further step of the one or more charities defining rules that specify the manner in which the donation is dispersed to any one or more beneficiaries of the one or more charities.
6. The method as defined in claim 1, wherein the one or more charities receive the donations based upon a geographical location of each of the regional charities and a geographical location of the purchases transactions made by the one or more members.
7. The method claimed in claim 1, wherein when the geographic address of the one said merchant is not within the defined geographic region associated with the one said charity, updating a donation currency amount of the merchant for a default said charity using: the currency amount of the transaction; the donation formula in the merchant information for the merchant; and the current value of the donation currency amount for the merchant for the default said charity.
10./ 17. The Internet server hardware system as defined in 9 (The non-transient computer readable medium claimed in claim 16), wherein the at least one server includes a web server configured to: receive a request from a client requesting service of a web page; retrieve, using information in the request, data to be contained in the requested web page; and serve, in response to the request, the requested web page containing the retrieved data, wherein the retrieved data is selected from the group consisting of: the charity information for one said charity; the merchant information for one said merchant; the sponsor information for one said sponsor; and the member information for one said member.
11. The Internet server hardware system as defined in claim 9, wherein when the geographic address of the one said merchant is not within the defined geographic region associated with the one said charity, the at least one server is configured to update a donation currency amount of the merchant for a default said charity using: the currency amount of the transaction; the donation formula in the merchant information for the merchant; and the current value of the donation currency amount for the merchant for the default said charity.
12. The Internet server hardware system claimed in claim 9, wherein the at least one server provides a web interface for the one or more charities to define rules under which they will receive donations from the plurality of merchants in connection with one or more transactions.
13. The Internet server hardware system claimed in claim 9, further comprising a transaction facility operable to process financial transactions for the one or more charities based on one or more transactions between at least one of the plurality of merchants and the at least one of the plurality of members based on rules defined by the at least one of the plurality of merchants.
14. The Internet server hardware system claimed in claim 13, wherein the one or more charities receive the donations based upon their respective geographical locations and a geographical location of the transactions made by at least one of the plurality of members.
Claims 1, 8, 9, 15, 16, and 20
A method (system, non-transitory computer-readable media storing software to perform on hardware) comprising:
receiving
transaction information relating to a plurality of transactions conducted by a plurality of members and merchants,
wherein the transaction information for each said transaction is derived from: the date, the
time, and transaction amount for the transaction; member transaction data including a logical address and a Bank Identification Number (BIN) for a financial card that is registered to a member;
a stored value card identifier associated with a stored value card involved in the
transaction; a currency amount of the
transaction; information for a merchant including a geographic address and a donation formula; a charity, having a geographic region, associated with the stored value card identifier; for each said transaction:
updating the currency amount for the stored value card corresponding to the stored value card identifier included in the transaction information using: the current value of the currency amount for the stored value card; and
the currency amount of the transaction; generating
a member identifier associated with the stored value identifier included in the transaction information; and
upon determining that:
the geographic address of the merchant is within the geographic region associated with the charity; and
the stored value card identifier is associated with the charity; then: updating the current value of the currency amount for the stored value card using a donation by the merchant to the charity calculated using: the currency amount of the transaction;
the donation formula for the merchant; and
the current value of the donation by the merchant to the charity;
sending a survey pertaining to the logical address of the member;
receiving, in response to the survey, a survey response from the member;
generating a promotional code using the Bank Identification (BIN) number; and
sending to the logical address of the member, in response to the receiving of the survey response, the promotional code for use by the member in a forthcoming transaction with the merchant.
2. The method claimed in claim 1, wherein the steps further comprise:
receiving a request from a client requesting service of a web page; retrieving, using information in the request, data to be contained in the requested web page; and serving, in response to the request, the requested web page containing the retrieved data, wherein the retrieved data is selected from the group consisting of: charity information for the charity; and the information for the merchant.
3. The method as defined in claim 1, comprising the further step of the charity defining rules under which the charity will receive donations based on a purchase made by the member using a credit or debit account corresponding to the member.
4. The method claimed in claim 1, comprising the further step of the charity defining a rule that specifies the manner in which the donation is received.
5. The method claimed in claim 1, comprising the further step of the charity defining a rule that specifies the manner in which the donation is dispersed to a beneficiary of the charity.
6. The method as defined in claim 1, wherein the charity receive the donation based upon a geographical location of the charity and a geographical location where the transaction was conducted by the member.
7. The method claimed in claim 1, wherein when the geographic address of the merchant is not within the defined geographic region associated with the charity, updating a donation currency amount of the merchant for a different charity using: the currency amount of the transaction; the donation formula in the information for the merchant; and the current value of the donation currency amount for the merchant for the different charity.
10. The system as defined in claim 9, wherein the server includes a web server configured to: receive a request from a client requesting service of a web page; retrieve, using information in the request, data to be contained in the requested web page; and serve, in response to the request, the requested web page containing the retrieved data, wherein the retrieved data is selected from the group consisting of: charity information for the charity; the information the merchant; and information for the member.
11. / 17. The system as defined in claim 9 (method as defined in claim 16), wherein when the geographic address of the merchant is not within the defined geographic region associated with the charity, the server is configured to update a donation currency amount of the merchant for a different charity using: the currency amount of the transaction; the donation formula in the information for the merchant; and the current value of the donation currency amount for the merchant for the different charity.
12./ 18. The system as defined in claim 9 (method as defined in claim 16), wherein the server provides a web interface for the charity to define a rule under which the charity will receive a donation a merchant in connection with the transaction.
13./ 19. The system as defined in claim 9 (method as defined in claim 16) The system as defined in claim 9, further comprising a transaction facility operable to process the transaction for the charity based on the transaction between the member and the merchant based on the donation formula defined by the merchant.
14. The system as defined in claim 13, wherein the charity receive the donation based upon a geographical location of the charity and a geographical location where the transaction is conducted by the member with the merchant.
Claim Rejections – 35 USC §101
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 and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-17 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to non-statutory subject matter, specifically an abstract idea.
Claims 1-17 are directed to a judicial exception (i.e., abstract idea), without providing a practical application, and without providing significantly more.
Under the 35 U.S.C. §101 subject matter eligibility two-part analysis, Step 1 addresses whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. See MPEP §2106.03. If the claim does fall within one of the statutory categories, it must then be determined in Step 2A [prong 1] whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea). See MPEP §2106.04. If the claim is directed toward a judicial exception, it must then be determined in Step 2A [prong 2] whether the judicial exception is integrated into a practical application. See MPEP §2106.04(d). Finally, if the judicial exception is not integrated into a practical application, it must additionally be determined in Step 2B whether the claim recites "significantly more" than the abstract idea. See MPEP §2106.05.
Examiner note: The Office’s 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) is currently found in the Ninth Edition, Revision 10.2019 (revised June 2020) of the Manual of Patent Examination Procedure (MPEP), specifically incorporated in MPEP §2106.03 through MPEP §2106.07(c).
Regarding Step 1,
Claims 1-7 are directed toward a process (method). Claims 9-14 are directed toward an apparatus (system). Claims 8 and 15-17 are directed toward a computer program product having computer-readable tangible storage media (article of manufacture). Thus, all claims fall within one of the four statutory categories as required by Step 1.
Regarding Step 2A [prong 1],
Claims 1-17 are directed toward the judicial exception of an abstract idea. Independent claims 1, 8, 9, 15, and 16 are directed specifically to the abstract idea of creation and administration of (cause) marketing.
Regarding independent claims 1, 8, 9, 15, and 16, the underlined limitations emphasized below correspond to the abstract ideas of the claimed invention:
A method performed by an Internet server hardware system executing a software application, the method comprising:
receiving, for each of a plurality of charities, charity information from a network location associated with the charity, wherein the charity information defines at least one geographic region associated with the charity;
receiving, for each of a plurality of merchants, merchant information from a network location associated with the merchant, wherein the merchant information includes a geographic address of the merchant and a donation formula for the merchant;
receiving, for each of a plurality of sponsors, sponsor information from a network location associated with the sponsor;
receiving, for each of a plurality of members, member information from a network location associated with the member, wherein the member information includes a stored value card identifier associated with a stored value card corresponding to one said sponsor and a currency amount;
generating with a member identification generation engine, a member identifier from the stored value card identifier included in the member information;
storing the member identifier in a member ID table;
receiving, at the Internet server hardware system from one or more merchant transaction computers, transaction information relating to a plurality of commercial transactions conducted by a plurality of members and merchants conducting commercial transactions, wherein the transaction data for each said transaction data is derived from:
the date, the time, and transaction amount for the transaction;
member transaction data including a Bank Identification Number (BIN) for a financial card that is registered to the member; and
merchant transaction data settled by a merchant acquirer for the merchant; and
upon the receipt of the transaction information from one said transaction with one said merchant that includes the merchant information of the one said merchant, the stored value card identifier associated with the stored value card involved in the transaction, and a currency amount of the transaction:
updating the currency amount for the stored value card corresponding to the stored value card identifier included in the transaction information using:
the current value of the currency amount for the stored value card; and
the currency amount of the transaction;
generating, with the member identification generation engine, a member identifier associated with the stored value identifier included in the transaction information; and
upon determining that:
the member identifier generated from the transaction information corresponds to a data instance in the member ID table;
the geographic address of the one said merchant identified in the transaction information is within one of the at least one geographic region associated with one said charity; and
the stored value card identifier is associated with the one said charity; then:
updating the current value of the currency amount for the stored value card using a donation by the merchant to the one said charity calculated using:
the currency amount of the transaction;
the donation formula in the merchant information for the one said merchant; and
the current value of the donation by the merchant to the one said charity;
sending a survey pertaining to the sale to the logical address network location of a corresponding one said member who conducted the transaction with the one said merchant;
receiving, in response to the survey, a survey response pertaining to the sale from the network location of the one said member;
differentiating and associating the Bank Identification (BIN) number to a promotional code so as to be differentiated by the stored value identifier included in the transaction information; and
sending to the logical address network location of the corresponding one said member who conducted the transaction with the one said merchant, in response to the receiving of the survey response pertaining to the transaction, the promotional code for use by the corresponding one said member in a forthcoming transaction with the one said merchant.
As the underlined claim limitations above demonstrate, independent claims 1, 8, 9, 15, and 16 are directed to the abstract idea of Certain methods of organizing human activity (commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)).
Dependent claims 2-7, 10-14, and 17 provide further details to the abstract idea of claims 1, 8, 9, 15, and 16 regarding the received data, therefore, these claims include certain methods of organizing human activities for similar reasons provided above for claims 1, 8, 9, 15, and 16.
After considering all claim elements, both individually and in combination and in ordered combination, it has been determined that the claims do not amount to significantly more than the abstract idea itself.
Regarding Step 2A [prong 2],
Claims 1-17 fail to integrate the recited judicial exception into any practical application. The claims recite additional limitations which are hardware or software elements or particular technological environment, such as an “Internet server hardware system”, a “non-transient computer readable medium”, a “software application”, a “network” location, a “member identification generation engine”, and a transaction “computer”. However, these limitations are not enough to qualify as “practical application” being recited in the claims along with the abstract idea since these limitations are merely invoked as a tool to perform instruction of an abstract idea in a particular technological environment and/or are generally linking the use of the abstract idea to a particular technological environment or field of use, and merely applying and abstract idea in a particular technological environment and merely limiting use of an abstract idea to a particular field or a technological environment do not provide practical application for an abstract idea (MPEP 2106.05 (f) & (h)). The claims do not amount to "practical application" for the abstract idea because they neither (1) recite any improvements to another technology or technical field; (2) recite any improvements to the functioning of the computer itself; (3) apply the judicial exception with, or by use of, a particular machine; (4) effect a transformation or reduction of a particular article to a different state or thing; (5) provide other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment.
The relevant question under Step 2A [prong 2] is not whether the claimed invention itself is a practical application, instead, the question is whether the claimed invention includes additional elements beyond the judicial exception that integrate the judicial exception into a practical application by imposing a meaningful limit on the judicial exception. This is not the case with Applicant’s claimed invention. Automating the recited claimed features as a combination of computer instructions implemented by computer hardware and/or software elements as recited above does not qualify an otherwise unpatentable abstract idea as patent eligible. Examples where the Courts have found selecting a particular data source or type of data to be manipulated to be insignificant extra-solution activity include selecting information, based on types of information and availability of information in a power-grid environment, for collection, analysis and display, Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354-55, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016); Applicant’s limitations as recited above do nothing more than supplement the abstract idea using additional hardware/software computer components as a tool to perform the abstract idea and generally link the use of the abstract idea to a technological environment, which is not sufficient to integrate the judicial exception into a practical application since they do not impose any meaningful limits. Dependent claims 2-7, 10-14, and 17 merely incorporate the additional elements recited above, along with further embellishments of the abstract idea of independent claims respectively, but these features only serve to further limit the abstract idea of independent claims. Therefore, the additional elements recited in the claimed invention individually, and in combination fail to integrate the recited judicial exception into any practical application.
Regarding Step 2B,
Claims 1-17 fail to amount to “significantly more” than an abstract idea. The claims recite additional limitations which are hardware or software elements or particular technological environment, such as an “Internet server hardware system”, a “software application”, a “network” location, a “member identification generation engine”, and a transaction “computer”. However, these limitations are not enough to qualify as “significantly more” being recited in the claims along with the abstract idea since these limitations are merely invoked as a tool to perform instruction of Abstract idea in a particular technological environment and/or are generally linking the use of the abstract idea to a particular technological environment or field of use, and merely applying and abstract idea in a particular technological environment and merely limiting use of an abstract idea to a particular field or a technological environment do not provide significantly more to an abstract idea (MPEP 2106.05(f) & (h)). The claims do not amount to "significantly more" than the abstract idea because they neither (1) recite any improvements to another technology or technical field; (2) recite any improvements to the functioning of the computer itself; (3) apply the judicial exception with, or by use of, a particular machine; (4) effect a transformation or reduction of a particular article to a different state or thing; (5) add a specific limitation other than what is well-understood, routine and conventional in the field; (6) add unconventional steps that confine the claim to a particular useful application; nor (7) provide other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment.
Dependent claims 2-7, 10-14, and 17 merely recite further additional embellishments of the abstract idea of independent claims 1, 8, 9, 15, and 16 respectively, but these features only serve to further limit the abstract idea of independent claims 1, 8, 9, 15, and 16; however, none of the dependent claims recite an improvement to a technology or technical field or provide any meaningful limits. The addition of another abstract concept to the limitations of the claims does not render the claim other than abstract. Under the Interim Guidance on Patent Subject Matter Eligibility (PEG 2019), it specifically states that narrowing an abstract idea of claims do not resolve the claims of being "significantly more" than the abstract idea. Thus, the additional elements in the dependent claims only serve to further limit the abstract idea utilizing the computer components as a tool and/or generally link the use of the abstract idea to a particular technological environment.
Therefore, since there are no limitations in the claims 1-17 that transform the exception into a patent eligible application such that the claims amount to significantly more than the exception itself, and looking at the limitations as a combination and as an ordered combination adds nothing that is not already present when looking at the elements taken individually, claims 1-17 are rejected under 35 USC § 101 as being directed to non-statutory subject matter under 35 U.S.C. § 101.
Allowable Subject Matter
Claims 1-17 are considered allowable over the prior art for the same reasons indicated in related Application 13/756,120 (now US 10,861,062 B2), which contains the exact same claims (See statutory double patenting rejection above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892 Notice of References Cited (Prior art cited in 13/756,120 (now US 10,861,062 B2)).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN P OUELLETTE whose telephone number is (571)272-6807. The examiner can normally be reached on M-F 8am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynda C Jasmin, can be reached at telephone number (571) 272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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January 28, 2026
/JONATHAN P OUELLETTE/Primary Examiner, Art Unit 3629