DETAILED ACTION
Acknowledgements
This office action is in response to the claims filed 09/04/2024.
Claims 7-13 are elected.
Claims 1-6 and 14-20 are withdrawn.
Claims 1-20 are pending.
Claims 7-13 have been examined.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Restriction/Election Acknowledgement
Applicant's election Claims 7-13 in the reply filed on 11/24/2025 is acknowledged. There was no grounds made for the traversal; “If applicant wishes to traverse the restriction requirement, the reply must also include a traversal with specific reasons why applicant believes the restriction requirement is in error. The absence of any statement indicating whether the requirement to restrict is traversed or the failure to provide reasons for traverse will be treated as an election without traverse. See 37 CFR 1.111 and MPEP § 818.01. Therefore, Applicant's election of claims 7-13 will be treated as an election without traverse. Claims 1-6 and 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group(s).
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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 12 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 12 recites “wherein one or more of the plurality of transaction servers of the secure payment system is configured to send a payment transaction notification to the third party provided cloud computing service using dynamically scalable resources, and wherein one or more of a plurality of virtual servers of the third party provided cloud computing service, using dynamically scalable resources, is configured to fulfill an electronic commerce action associated with the first electronic commerce session in response to receiving the payment transaction notification” and claim 13 recites “wherein one or more of a plurality of virtual servers of the third party provided cloud computing service is configured to provide one of product information or service information, and provide pricing information to the browser and wherein a shopping cart is associated with the first electronic commerce session”. According to the disclosure (¶ 22, 23, 54), “Cloud computing may be supported, at least in part, by virtualization software… the transaction server 118 may be provided as a virtual server in executing on one or more computer systems, for example a server farm. Expressed in other words, the secure environment containing the transaction server 118 may initiate communication with the cloud computing service 110.” The cloud computing service is described as being supported by virtualization software. The disclosure provides support for the transaction servers, not the cloud computing service comprising virtual servers and the transaction servers do not provide product information, nor does the cloud computing service fulfill ecommerce actions. According to the claims, the cloud computing service provides product information, not payment information which is an ecommerce action. The disclosure details specific function of the cloud computing service and to "facilitate fulfillment of an ecommerce action" is broader than the scope of the specification and the functions of the recited "plurality of virtual servers". Furthermore, the disclosure does not provide support for this fulfillment of an ecommerce action associated with the first electronic commerce session in response to receiving the payment transaction notification.
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.
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/ILSE I IMMANUEL/Primary Examiner, Art Unit 3699
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