DETAILED ACTION
Claims 44-63 are pending in this application.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
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Claims 53, 44 and 62 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 12 of U.S. Patent No. 11,995,484 respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because all claim limitations of the instant application are present in the 11,995,484 patent.
U.S. Application No. 18/643,300
U.S. Pat. No. 11,995,484
Claim 53:
An automated method of triggering an action comprising:
receiving, by an event processing server, a first action triggering request from a first mobile device associated with a first account, the first action triggering request identifying a desired action
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a first triggering event, and a second account associated with a second mobile device;
receiving, by the event processing server, a second action triggering request from a second mobile device associated with the second account, the second action triggering request identifying the desired action, a second triggering event, and the first account:
receiving, by the event processing server from a first P0S device associated with a first merchant, a POS transaction associated with the first card account or the second card account;
determining, by the event processing server, whether the POS transaction is one of the first and second triggering events;
responsive to a determination that the POS transaction is one of the first and second triggering determining, by the event processing server, whether all of the first and second triggering events have occurred; and
responsive to a determination that all of the first and second triggering events have occurred, initiating the desired action.
Claim 1:
An automated method of triggering an event based on occurrence of a point-of-sale (POS) transaction, the method comprising:
receiving, by an event processing server, a first event triggering request from a first mobile interface device associated with a first account, the first event triggering request identifying a desired event, a first triggering event, and a second account;
receiving, by the event processing server, a second event triggering request from a second mobile interface device associated with a second account, the second event triggering request identifying the desired event, a second triggering event, and the first account;
receiving, by the event processing server from a transaction processing server, notification of an occurrence of a merchant POS transaction associated with the first account or the second account;
determining, by the event processing server, whether the merchant POS transaction is one of the first and second triggering events;
responsive to a determination that the merchant POS transaction is one of the first and second triggering events,
determining, by the event processing server, whether all of the first and second triggering events have occurred; and
responsive to a determination that all of the first and second triggering events have occurred, initiating the desired event.
Claim 44:
An automated system for triggering an action, comprising:
a first mobile device associated with a first card account;
a first point of sale (POS) device associated with a first merchant; and
an event processing server, wherein the first mobile device is configured to transmit, over a network to the event processing server, a first action triggering request identifying a desired action, a first triggering event, and a second card account associated with a second mobile device, and the event processing server is configured to receive, over the network from the first mobile device, the first action triggering request;
receive, over the network from the second mobile device, a second action triggering request, the second action triggering request identifying the desired action, a second triggering event and the first card account,
receive, over the network from the first POS device, a POS transaction associated with the first card account or the second card account,
determine whether the POS transaction is one of the first and second triggering events,
responsive to a determination that the POS transaction is one of the first and second triggering events, determine whether all of the first and second triggering events have occurred, and responsive to a determination that all of the first and second triggering events, initiate the desired action.
Claim 12:
An automated system for processing event triggering requests submitted by account holders, the system comprising:
a plurality of point of sale (POS) devices, each POS device being associated with a merchant and a merchant location and being configured for carrying out transactions with the account holders and transmitting resulting transaction information over a network; a plurality of mobile interface devices, each associated with a transaction account of one of the account holders and configured to transmit over a network an event triggering request identifying a desired event, a triggering event, and an account associated with another mobile interface device; a transaction processing server in communication with the plurality of POS devices, the transaction processing server being configured to receive transaction information from a transmitting POS device, process the transaction, and transmit some or all of the transaction information to authorized recipients over the network; and an event processing server in communication with the mobile interface devices and the transaction processing server via the network, the event processing server being configured to:
receive a first event triggering request from a first mobile interface device associated with a first account, the first event triggering request identifying the desired event, a first triggering event and a second account, and
receive a second event triggering request from a second mobile interface device associated with the second account, the second event triggering request identifying the desired event, a second triggering event and the first account, after receiving the first and second event triggering requests, receive transaction information for a POS transaction associated with the first account or the second account from the transaction processing server,
determine whether the merchant POS transaction is one of the first and second triggering events, and
responsive to a determination that the merchant POS transaction is one of the first and second triggering events, determine whether all specified triggering events have occurred, and responsive to a determination that al triggering events have occurred, initiate the desired event.
Claim 62:
A non-transitory computer-readable storage medium having thereon computer-executable instructions that, when executed by an event processing server, cause the event processing server to perform procedures comprising:
receiving a first action triggering request from a first mobile device associated with a first account, the first action triggering request identifying a desired action first triggering event, and a second account associated with a second mobile device;
receiving a second action triggering request from a second mobile device associated with the second account, the second action triggering request identifying the desired action, a second triggering event, and the first account;
receiving from a first P0S device associated with a first merchant, a pos transaction associated with the first card account or the second card account;
determining whether the POS transaction is one of the first and second triggering events;
responsive to a determination that the POS transaction is one of the first and second triggering events,
determining whether all of the first and second triggering events have occurred; and
responsive to a determination that all of the first and second triggering events have occurred. initiating the desired action.
Claim 12:
An automated system for processing event triggering requests submitted by account holders, the system comprising:
a plurality of point of sale (POS) devices, each POS device being associated with a merchant and a merchant location and being configured for carrying out transactions with the account holders and transmitting resulting transaction information over a network;
a plurality of mobile interface devices, each associated with a transaction account of one of the account holders and configured to transmit over a network an event triggering request identifying a desired event, a triggering event, and an account associated with another mobile interface device; a transaction processing server in communication with the plurality of POS devices, the transaction processing server being configured to receive transaction information from a transmitting POS device, process the transaction, and transmit some or all of the transaction information to authorized recipients over the network; and an event processing server in communication with the mobile interface devices and the transaction processing server via the network, the event processing server being configured to:
receive a first event triggering request from a first mobile interface device associated with a first account, the first event triggering request identifying the desired event, a first triggering event and a second account, and
receive a second event triggering request from a second mobile interface device associated with the second account, the second event triggering request identifying the desired event, a second triggering event and the first account, after receiving the first and second event triggering requests,
receive transaction information for a POS transaction associated with the first account or the second account from the transaction processing server,
determine whether the merchant POS transaction is one of the first and second triggering events, and
responsive to a determination that the merchant POS transaction is one of the first and second triggering events,
determine whether all specified triggering events have occurred, and
responsive to a determination that al triggering events have occurred, initiate the desired event.
Note: dependent claims 45-52, 54-61 and 63 are rejected for the same reason as independent claims 44, 53 and 62 respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 12437353 B2 issued to Ramot et al. and directed to a system for enabling varied ridesharing services.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES E ANYA whose telephone number is (571)272-3757. The examiner can normally be reached Mon-Fir. 9-6pm.
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/CHARLES E ANYA/Primary Examiner, Art Unit 2194
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