DETAILED ACTION
Acknowledgements
This office action is in response to the claims filed 04/03/2026.
Claims 1-6 and 14-20 are withdrawn.
Claims 12 and 13 are cancelled.
Claims 7-11 are pending.
Claims 7-11 have been examined.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant's arguments filed 04/03/2026 have been fully considered but they are not persuasive.
112
Due to Applicant’s amendments, prior 112 rejections are withdrawn.
Double Patenting
There is no allowable subject matter in the present claims, as previously pointed out, the current claims are significantly broader than the patent 12106274, the exact terms, limitations and subject matter are fully encompassed and anticipated in the Patent, “If it is determined that the same invention is being claimed twice, precludes the grant of the second patent regardless of the presence or absence of a terminal disclaimer. Id” MPEP 804.II. The application is not in condition for allowance.
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 §§ 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 CFR 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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12106274 (“Patent Document”). Although the claims at issue are not identical, they are not patentably distinct from each other. Claim 1 of the Patent Document recites all the limitations of claim 1 of the instant application; however, claim 1 of the Patent Document differs since it further recites additional claim limitations.
Instant Application
Patent Document - 12106274
An electronic commerce system, comprising:
a third party provided cloud computing service using dynamically scalable resources associated with a first Internet address domain, wherein the third party provided cloud computing service using dynamically scalable resources provide product information, via a product information application;
a secure payment system comprising a plurality of transaction servers associated with the first Internet address domain,
An electronic commerce system, comprising:
a third party provided cloud computing service using dynamically scalable resources associated with a first Internet address domain, wherein the third party provided cloud computing service using dynamically scalable resources provides product information, via a product information application;
a secure payment system comprising a plurality of transaction servers associated with the first Internet address domain;
the plurality of transaction servers of the secure payment system configured to execute a payment application and a payment transaction action, wherein the payment transaction action includes receiving payment information, requesting product information, receiving product information, sending a secured payment transaction, or combinations thereof, wherein the payment transaction is held until a minimum number of purchases have been committed,
the plurality of transaction servers of the secure payment system executes a payment application and a payment transaction action, wherein the payment transaction action includes receiving payment information, requesting product information, receiving product information, and sending a secured payment transaction, wherein the payment transaction is held until a minimum number of purchases have been committed;
wherein the cloud computing service establishes a first electronic commerce session, and
the cloud computing service: establishes a first electronic commerce session; and
provides a web page content and a first session cookie identifying the first electronic commerce session to a browser executing on a computer in a second Internet address domain different from the first Internet address domain,
provides a web page content and a first session cookie identifying the first electronic commerce session to a browser executing on a computer in a second Internet address domain different from the first Internet address domain;
wherein the secure payment system sends a request for product information associated with the first electronic commerce session to the third party provided cloud computing service,
the secure payment system: receives payment information and the first session cookie from the browser, via a virtual private network (VPN) connection established between the browser and the plurality of transaction servers of the secure payment system;
sends a request for product information associated with the first electronic commerce session to the third party provided cloud computing service;
wherein the secure payment system receives product information associated with the first electronic commerce session from the third party provided cloud computing service and
receives product information associated with the first electronic commerce session from the third party provided cloud computing service; and
sends the secured payment transaction to a payment service based on the payment information and based on the product information associated with the first electronic commerce session, wherein the request comprises the first session cookie.
sends the secured payment transaction to a payment service based on the payment information and based on the product information associated with the first electronic commerce session, wherein the request comprises the first session cookie.
Claim 1 of the patent document contains the additional elements of “the secure payment system: receives payment information and the first session cookie from the browser, via a virtual private network (VPN) connection established between the browser and the plurality of transaction servers of the secure payment system.”
The claims in the instant application are anticipated by the Patent Document. The claims are directed to the same subject matter, perform the same method steps and a person of ordinary skill in the art would not be free to practice one of the claimed inventions without infringing upon the other inventions. The instant application claims are generic to the limitations in the Patent Document. Each limitation in the instant application is fully encompassed in the Patent Document claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gallagher (US 7, 861, 077) teaches dynamics of a commerce system.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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