DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the America Invents Act (AIA ).
General Information Matter
Please note, the instant Non-Provisional application (18/820,076) under prosecution at the United States Patent and Trademark Office (USPTO) has been assigned to David Zarka (Examiner) in Art Unit 2449. To aid in correlating any papers for 18/820,076, all further correspondence regarding the instant application should be directed to the Examiner.
Joint Inventors
This application currently names joint inventors. In considering patentability of the claims the Examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicants are advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the Examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential § 102(a)(2) prior art against the later invention.
Information Disclosure Statement (IDS)
The IDS filed August 29, 2024 complies with the provisions of 37 C.F.R. §§ 1.97, 1.98 and MPEP § 609. The IDS has been placed in the application file, and the information referred to therein has been considered.
Nonstatutory Double Patenting1
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).2
A timely filed terminal disclaimer in compliance with 37 C.F.R. § 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 C.F.R. § 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
the ‘375 Patent
Claims 1, 5, 10, 14, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9 and 17 of Dintenfass et al. (US 12,143,375 B2; filed Aug. 15, 2022; the ‘375 Patent).
Regarding claims 1, 5, 10, 14, and 18 of the instant App., although the conflicting claims are not identical, they are not patentably distinct from each other because:
Instant Application
the ‘375 Patent
Claim 1: A system for tracking, authenticating, and generating resource distributions to trusted third parties, the system comprising:
at least one communication device;
a memory device with computer-readable program code stored thereon; and
at least one processing device operatively coupled to the at least one memory device and the at least one communication device,
wherein executing the computer-readable program code is configured to cause the at least one processing device to:
track a resource input distribution to a first user account,
wherein tracking of the resource input distribution comprises operation of computer program code by the at least one processing device to:
receive a plurality of first user account indicators, the plurality of first user account indicators comprising at least one of an expected resource input distribution or a plurality of expected resource allocations to a plurality of associations;
generate an expected input resource performance based on the plurality of first account indicators; and
generate an expected input resource performance interface component to configure a graphical user interface of the device associated with the first user account, the expected input resource performance interface component comprising the expected input resource performance;
receive a third party distribution request from the first user account, the third party distribution request comprising at least a portion of the resource input distribution;
authenticate a third party associated with the third party distribution request, the authentication of the third party comprising a comparison of the third party against a trusted third party distribution set; and
wherein, in an instance where the third party matches at least one trusted third party of the trusted third party distribution set, allow a third party distribution associated with the third party distribution request.
Claim 1: A system for tracking, authenticating, and generating resource distributions to trusted third parties, the system comprising:
a memory device with computer-readable program code stored thereon;
at least one processing device operatively coupled to the at least one memory device operatively coupled to the at least one memory device and at least one communication device,
wherein executing the computer-readable code is configured to cause the at least one processing device to:
track a resource input distribution to a first user account;
Claim 9. The system of claim 1, wherein the tracking of the resource input distribution comprises the computer-readable program code being further configured to cause the at least one processing device to:
receive a plurality of first user account indicators, the plurality of first user account indicators comprising at least one of an expected resource input distribution or a plurality of expected resource allocations to a plurality of associations;
generate an expected input resource performance based on the plurality of first account indicators; and
generate an expected input resource performance interface component to configure a graphical user interface of the device associated with the first user account, the expected input resource performance interface component comprising the expected input resource performance.
Claim 1: receive a third party distribution request from the first user account, the third party distribution request comprising at least a portion of the resource input distribution;
identify a plurality of categories for the trusted third party distribution set, the plurality of categories comprising at least one of a type of entity, a type of entity function, or a type of geolocation;
generate a potential third party distribution set, the potential third party distribution set comprising a plurality of potential third parties;
transmit the potential third party distribution set to a second user account;
receive a plurality of accepted third parties from the second user account;
update the trusted third party distribution set with the plurality of accepted third parties; and
authenticate a third party associated with the third party distribution request, the authentication of the third party comprising a comparison of the third party against a trusted third party distribution set,
wherein, in an instance where the third party matches at least one trusted third party of the trusted third party distribution set, allow a third party distribution associated with the third party distribution request.
Claim 5: The system of claim 1, wherein the computer-readable program code is further configured to cause the at least one processing device to:
identify a plurality of categories for the trusted third party distribution set, the plurality of categories comprising at least one of a type of entity, a type of entity function, or a type of geolocation;
generate a potential third party distribution set, the potential third party distribution set comprising a plurality of potential third parties;
transmit the potential third party distribution set to a second user account;
receive a plurality of accepted third parties from the second user account; and
update the trusted third party distribution set with the plurality of accepted third parties.
Claim 1:
identify a plurality of categories for the trusted third party distribution set, the plurality of categories comprising at least one of a type of entity, a type of entity function, or a type of geolocation;
generate a potential third party distribution set, the potential third party distribution set comprising a plurality of potential third parties;
transmit the potential third party distribution set to a second user account;
receive a plurality of accepted third parties from the second user account;
update the trusted third party distribution set with the plurality of accepted third parties; and
Claim 10. A computer-program product for tracking, authenticating, and generating resource distributions to trusted third parties,
wherein the computer program product comprises at least one non-transitory computer-readable medium having computer-readable program code portions embodied therein,
the computer-readable program code portions which when executed by a processing device are configured to cause the processing device to:
track a resource input distribution to a first user account,
wherein tracking of the resource input distribution comprises:
receiving a plurality of first user account indicators, the plurality of first user account indicators comprising at least one of an expected resource input distribution or a plurality of expected resource allocations to a plurality of associations;
generating an expected input resource performance based on the plurality of first account indicators; and
generating an expected input resource performance interface component to configure a graphical user interface of the device associated with the first user account, the expected input resource performance interface component comprising the expected input resource performance;
receive a third party distribution request from the first user account, the third party distribution request comprising at least a portion of the resource input distribution;
authenticate a third party associated with the third party distribution request, the authentication of the third party comprising a comparison of the third party against a trusted third party distribution set; and
wherein, in an instance where the third party matches at least one trusted third party of the trusted third party distribution set, allow a third party distribution associated with the third party distribution request.
Claim 10. A computer-program product for tracking, authenticating, and generating resource distributions to trusted third parties,
wherein the computer program product comprises at least one non-transitory computer-readable medium having computer-readable program code portions embodied therein,
the computer-readable program code portions which when executed by a processing device are configured to cause the processing device to:
track a resource input distribution to a first user account;
Claim 17: The computer program product of claim 10,
wherein the tracking of the resource input distribution comprises the computer-readable program code being further configured to cause the at least one processing device to:
receiving a plurality of first user account indicators, the plurality of first user account indicators comprising at least one of an expected resource input distribution or a plurality of expected resource allocations to a plurality of associations;
generate an expected input resource performance based on the plurality of first account indicators; and
generate an expected input resource performance interface component to configure a graphical user interface of the device associated with the first user account, the expected input resource performance interface component comprising the expected input resource performance.
Claim 10: receive a third party distribution request from the first user account, the third party distribution request comprising at least a portion of the resource input distribution;
identify a plurality of categories for the trusted third party distribution set, the plurality of categories comprising at least one of a type of entity, a type of entity function, or a type of geolocation;
generate a potential third party distribution set, the potential third party distribution set comprising a plurality of potential third parties;
transmit the potential third party distribution set to a second user account;
receive a plurality of accepted third parties from the second user account; update the trusted third party distribution set with the plurality of accepted third parties;
authenticate a third party associated with the third party distribution request, the authentication of the third party comprising a comparison of the third party against a trusted third party distribution set,
wherein, in an instance where the third party matches at least one trusted third party of the trusted third party distribution set, allow a third party distribution associated with the third party distribution request; and automatically update a third party distribution tracking database associated with the first user account with the third party distribution request.
Claim 14: The computer program product of claim 10, wherein the computer-readable program code is further configured to cause the at least one processing device to:
identify a plurality of categories for the trusted third party distribution set, the plurality of categories comprising at least one of type of entity, a type of entity function, or a type of geolocation;
generate a potential third party distribution set, the potential third party distribution set comprising a plurality of potential third parties;
transmit the potential third party distribution set to a second user account; receive a plurality of accepted third parties from the second user account; and
update the trusted third party distribution set with the plurality of accepted third parties.
Claim 10:
identify a plurality of categories for the trusted third party distribution set, the plurality of categories comprising at least one of a type of entity, a type of entity function, or a type of geolocation;
generate a potential third party distribution set, the potential third party distribution set comprising a plurality of potential third parties;
transmit the potential third party distribution set to a second user account;
receive a plurality of accepted third parties from the second user account; update the trusted third party distribution set with the plurality of accepted third parties;
Claim 18. A computer-implemented method for tracking, authenticating, and generating resource distributions to trusted third parties, the computer-implemented method comprising:
tracking a resource input distribution to a first user account
wherein tracking of the resource input distribution comprises:
receiving a plurality of first user account indicators, the plurality of first user account indicators comprising at least one of an expected resource input distribution or a plurality of expected resource allocations to a plurality of associations;
generating an expected input resource performance based on the plurality of first account indicators; and
generating an expected input resource performance interface component to configure a graphical user interface of the device associated with the first user account, the expected input resource performance interface component comprising the expected input resource performance;
receiving a third party distribution request from the first user account, the third party distribution request comprising at least a portion of the resource input distribution;
authenticating a third party associated with the third party distribution request, the authentication of the third party comprising a comparison of the third party against a trusted third party distribution set; and
wherein, in an instance where the third party matches at least one trusted third party of the trusted third party distribution set, allowing a third party distribution associated with the third party distribution request.
Claim 10. A computer-program product for tracking, authenticating, and generating resource distributions to trusted third parties,
wherein the computer program product comprises at least one non-transitory computer-readable medium having computer-readable program code portions embodied therein,
the computer-readable program code portions which when executed by a processing device are configured to cause the processing device to:
track a resource input distribution to a first user account;
Claim 17: The computer program product of claim 10,
wherein the tracking of the resource input distribution comprises the computer-readable program code being further configured to cause the at least one processing device to:
receiving a plurality of first user account indicators, the plurality of first user account indicators comprising at least one of an expected resource input distribution or a plurality of expected resource allocations to a plurality of associations;
generate an expected input resource performance based on the plurality of first account indicators; and
generate an expected input resource performance interface component to configure a graphical user interface of the device associated with the first user account, the expected input resource performance interface component comprising the expected input resource performance.
Claim 10: receive a third party distribution request from the first user account, the third party distribution request comprising at least a portion of the resource input distribution;
identify a plurality of categories for the trusted third party distribution set, the plurality of categories comprising at least one of a type of entity, a type of entity function, or a type of geolocation;
generate a potential third party distribution set, the potential third party distribution set comprising a plurality of potential third parties;
transmit the potential third party distribution set to a second user account;
receive a plurality of accepted third parties from the second user account; update the trusted third party distribution set with the plurality of accepted third parties;
authenticate a third party associated with the third party distribution request, the authentication of the third party comprising a comparison of the third party against a trusted third party distribution set,
wherein, in an instance where the third party matches at least one trusted third party of the trusted third party distribution set, allow a third party distribution associated with the third party distribution request; and automatically update a third party distribution tracking database associated with the first user account with the third party distribution request.
the ‘375 Patent and Fenichel
Claims 2–4, 6–9, 11–13, and 15–17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9 and 17 of the ‘375 Patent in view of Fenichel et al. (US 2022/0180344 A1; filed Dec. 4, 2020).
Regarding claim 2, claim 9 of the ‘375 Patent does not teach wherein the computer-readable program code is further configured to cause the at least one processing device to: authenticate the third party associated with the third party distribution request, the authentication of the third party comprising a comparison of the third party against a trusted third party distribution set, wherein, in an instance where the third party does not match at least one third party of the trusted third party distribution set, deny the third party distribution request.
Fenichel teaches wherein a processing device (“Server Device” at fig. 1A) is further configured to:
authenticate a third party (“the first entity may provide an input of one or more transaction conditions for the simulated account, such . . . approved entities or merchants, among other examples. The server device and/or the transaction backend system may determine whether the transaction satisfies the one or more transaction conditions.” at ¶ 37; ¶ 29) associated with a third party distribution request (“real world transactions” at ¶ 11; “The server device . . . may determine whether the transaction satisfies the one or more transaction conditions.” at ¶ 33; one skilled in the art would reasonably be expected to infer the server device first receiving the transaction before determining whether the transaction satisfies transaction conditions; see MPEP § 2144.01), the authentication of the third party comprising a comparison of the third party against a trusted third party distribution set (“If the transaction satisfies the one or more transaction conditions, then the server device and/or the transaction backend system may complete the transaction” at ¶ 37; one skilled in the art would reasonably be expected to infer a comparison between (1) the merchant involved in the transaction and (2) the first entity’s approved merchants as set forth in the transaction conditions; see MPEP § 2144.01; ¶ 29),
wherein, in an instance where the third party does not match at least one third party of the trusted third party distribution set, deny the third party distribution associated with the third party distribution request (“If the transaction does not satisfy the one or more transaction conditions, then the server device and/or the transaction backend system may deny the transaction.” at ¶ 37; ¶ 29).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention for the computer-readable program code of the ‘375 Patent’s claim 9 to be further configured to cause the at least one processing device to: authenticate the third party associated with the third party distribution request, the authentication of the third party comprising a comparison of the third party against a trusted third party distribution set, wherein, in an instance where the third party does not match at least one third party of the trusted third party distribution set, deny the third party distribution request as taught by Fenichel “to provide experience associated with managing a transaction account to an individual before the individual is able to establish a personal transaction account.” Fenichel ¶ 11.
Regarding claim 3, claim 9 of the ‘375 Patent does not teach wherein the trusted third party distribution set is determined by a second user associated with a second user account, the second user account comprising a plurality or privilege identifiers, wherein the plurality of privilege identifiers comprises a first user account identifier.
Fenichel teaches wherein the trusted third party distribution set is determined by a second user (“first entity” at ¶ 33; “First Entity” at fig. 1A) associated with a second user account (“the parent account” at ¶ 33; “As shown in FIG. 1A, and by reference number 105, the first entity (e.g., a first user or person) may be associated with a transaction account. . . . The transaction account associated with the first entity may be referred to herein as a parent account.” at ¶ 18), the second user account comprising a plurality or privilege identifiers (“The transaction account may be associated with account information, such as a limit (e.g., a spending limit or a credit limit), an interest rate, an account balance, a payment due date or payment schedule, and/or a statement or record of transactions associated with the transaction account.” at ¶ 18; “an identifier associated with the parent account” at ¶ 20), wherein the plurality of privilege identifiers comprises an a first user account identifier (“an identifier associated with the parent account” at ¶ 20).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention for the trusted third party distribution set of the ‘375 Patent’s claim 9 to be determined by a second user associated with a second user account, the second user account comprising a plurality or privilege identifiers, wherein the plurality of privilege identifiers comprises a first user account identifier as taught by Fenichel “to provide experience associated with managing a transaction account to an individual before the individual is able to establish a personal transaction account.” Fenichel ¶ 11.
Regarding claim 4, claim 9 of the ‘375 Patent in view of Fenichel does not teach wherein the plurality of privilege identifiers comprises an allowance of the second user account to identify a plurality of trusted third parties associated with the trusted third party distribution set.
Fenichel teaches wherein the plurality of privilege identifiers comprises an allowance (“a limit (e.g., a spending limit or a credit limit), an interest rate, an account balance” at ¶ 18; the parent account cannot provide the simulated account more than the parent account’s own spending or credit limit) of the second user account to identify a plurality of trusted third parties associated with the trusted third party distribution set (intended use in italics).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention for the plurality of privilege identifiers of the ‘375 Patent’s claim 9 in view of Fenichel to comprise an allowance of the second user account to identify a plurality of trusted third parties associated with the trusted third party distribution set as taught by Fenichel “to provide experience associated with managing a transaction account to an individual before the individual is able to establish a personal transaction account.” Fenichel ¶ 11.
Regarding claim 6, claim 9 of the ‘375 Patent does not teach wherein the computer-readable program code is further configured to cause the at least one processing device to: receive an indication of the resource input distribution to the first user account; determine, in response to receiving the indication of the resource input distribution, a trusted third party distribution from the trusted third party distribution set; and automatically distribute the trusted third party distribution to a trusted third party associated with the trusted third party distribution.
Fenichel teaches wherein the processing device is further configured to:
receive an indication (“the server device may deduct or reserve resources (e.g., $200) from the resources of the parent account based on the budget of the simulated account.” at ¶ 33) of the resource input distribution (“For example, the first entity may input a $200 budget for the simulated account” at ¶ 33; “Budget: $200” at fig. 1A; “a budget or allowance (e.g., $200)” at ¶ 32) to the first user account;
determine, in response to receiving the indication of the resource input distribution, a trusted third party distribution (“If the transaction satisfies the one or more transaction conditions, then the server device and/or the transaction backend system may complete the transaction using resources of the parent account and associate the transaction data (e.g., transaction time, transaction date, transaction amount, and/or merchant) with both the parent account and the simulated account.” at ¶ 37; ¶ 29) from the trusted third party distribution set; and
automatically distribute the trusted third party distribution to a trusted third party (“If the transaction satisfies the one or more transaction conditions, then the server device and/or the transaction backend system may complete the transaction using resources of the parent account and associate the transaction data (e.g., transaction time, transaction date, transaction amount, and/or merchant) with both the parent account and the simulated account.” at ¶ 37; ¶ 29) associated with the trusted third party distribution.
It would have been obvious to one of ordinary skill in the art before the filing date of the invention for the computer-readable program code of the ‘375 Patent’s claim 9 to be further configured to cause the at least one processing device to: receive an indication of the resource input distribution to the first user account; determine, in response to receiving the indication of the resource input distribution, a trusted third party distribution from the trusted third party distribution set; and automatically distribute the trusted third party distribution to a trusted third party associated with the trusted third party distribution as taught by Fenichel “to provide experience associated with managing a transaction account to an individual before the individual is able to establish a personal transaction account.” Fenichel ¶ 11.
Regarding claim 7, claim 9 of the ‘375 Patent in view of Fenichel does not teach wherein the third party distribution comprises a pre-determined portion of the resource input distribution.
Fenichel teaches wherein the third party distribution (“If the transaction satisfies the one or more transaction conditions, then the server device and/or the transaction backend system may complete the transaction using resources of the parent account and associate the transaction data (e.g., transaction time, transaction date, transaction amount, and/or merchant) with both the parent account and the simulated account.” at ¶ 37; ¶ 29) comprises a pre-determined portion of the resource input distribution (“For example, the first entity may input a $200 budget for the simulated account” at ¶ 33; “Budget: $200” at fig. 1A; “a budget or allowance (e.g., $200)” at ¶ 32).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention for the third party distribution of the ‘375 Patent’s claim 9 in view of Fenichel to comprise a pre-determined portion of the resource input distribution as taught by Fenichel “to provide experience associated with managing a transaction account to an individual before the individual is able to establish a personal transaction account.” Fenichel ¶ 11.
Regarding claim 8, claim 9 of the ‘375 Patent does not teach wherein the computer-readable program code is further configured to cause the at least one processing device to: generate a third party distribution interface component to configure a graphical user interface of a device associated with the first user account, the third party distribution interface component comprising data of the third party distribution.
Fenichel teaches wherein the processing device is further configured to:
generate a third party distribution interface component (implicit software residing in fig. 3, item 330; “Simulated Account Information” at fig. 1A) to configure a graphical user interface (“The platform may include an interface (e.g., a graphical user interface) that enables the second entity to access and interact with (via the second client device) the information provided via the platform.” at ¶ 30) of a device (“Second Client Device” at fig. 1A) associated with the first user account (“the simulated account” at ¶ 33; “Simulated Account Information” at fig. 1A), the third party distribution interface component comprising data (“Transaction” and “Amount” within the “Simulated Account Information” at fig. 1A including “Store A” and “$45”) of the third party distribution.
It would have been obvious to one of ordinary skill in the art before the filing date of the invention for the computer-readable program code of the ‘375 Patent’s claim 9 to be further configured to cause the at least one processing device to: generate a third party distribution interface component to configure a graphical user interface of a device associated with the first user account, the third party distribution interface component comprising data of the third party distribution as taught by Fenichel “to provide experience associated with managing a transaction account to an individual before the individual is able to establish a personal transaction account.” Fenichel ¶ 11.
Regarding claim 9, claim 9 of the ‘375 Patent in view of Fenichel does not teach wherein the computer-readable program code is further configured to cause the at least one processing device to: generate a graphic third party distribution interface component to configure the graphical user interface of the device associated with the first user account, the graphic third party distribution interface component comprising at least one of data associated with the third party of the third party distribution, a function of the third party distribution, or an illustrative function of the third party distribution.
Fenichel teaches wherein the processing device is further configured to:
generate a graphic third party distribution interface component (implicit software residing in fig. 3, item 330; “Simulated Account Information” at fig. 1A) to configure the graphical user interface (“The platform may include an interface (e.g., a graphical user interface) that enables the second entity to access and interact with (via the second client device) the information provided via the platform.” at ¶ 30) of the device (“Second Client Device” at fig. 1A) associated with the first user account, the graphic third party distribution interface component comprising at least one of data (“Transaction” and “Amount” within the “Simulated Account Information” at fig. 1A including “Store A” and “$45”) associated with the third party of the third party distribution, a function of the third party distribution, or an illustrative function of the third party distribution.
It would have been obvious to one of ordinary skill in the art before the filing date of the invention for the computer-readable program code of the ‘375 Patent’s claim 9 to be further configured to cause the at least one processing device to: generate a graphic third party distribution interface component to configure the graphical user interface of the device associated with the first user account, the graphic third party distribution interface component comprising at least one of data associated with the third party of the third party distribution, a function of the third party distribution, or an illustrative function of the third party distribution as taught by Fenichel “to provide experience associated with managing a transaction account to an individual before the individual is able to establish a personal transaction account.” Fenichel ¶ 11.
Regarding claims 11–13 and 15–17, claims 2–4 and 6–8, respectively, recite substantially similar features. Thus, references/arguments equivalent to those present for claims 2–4 and 6–8 are equally applicable to, respectively, claims 11–13 and 15–17.
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to DAVID P. ZARKA whose telephone number is (703) 756-5746. The Examiner can normally be reached Monday–Friday from 9:30AM–6PM ET.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Vivek Srivastava, can be reached at (571) 272-7304. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/DAVID P ZARKA/PATENT EXAMINER, Art Unit 2449
1 The Examiner will determine whether Applicants’ reply to the nonstatutory double patenting rejection is compliant under 37 C.F.R. § 1.111(b). See MPEP § 804(I)(B)(1) (reciting
[a] complete response to a nonstatutory double patenting (NSDP) rejection is either a reply by applicant showing that the claims subject to the rejection are patentably distinct from the reference claims, or the filing of a terminal disclaimer in accordance with 37 CFR 1.321 in the pending application(s) with a reply to the Office action (see MPEP § 1490 for a discussion of terminal disclaimers). Such a response is required even when the nonstatutory double patenting rejection is provisional.
). In the event the reply is non-compliant under 37 C.F.R. § 1.111(b), the Examiner will issue a Notice of Non-Compliant Response.
2 See, e.g., In re Berg, 140 F.3d 1428 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046 (Fed. Cir. 1993); In re Longi, 759 F.2d 887 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937 (CCPA 1982); In re Vogel, 422 F.2d 438 (CCPA 1970); In re Thorington, 418 F.2d 528 (CCPA 1969).