Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Detailed Action
This communication is in response to the application filed on 10/15/2024 in which Claims 2-21 are presented for examination.
Drawings
The applicant’s drawings submitted on 10/15/2024 are acceptable for examination purposes.
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 obviousness-type 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); 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 2-21 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of US patent No. 11477180
Claims 2-21 recite similar limitations as claims 1-20 of US No. 11477180
as follows:
Instant application
US patent No. 11477180
Claim 2. A system, comprising: one or more hardware processors; and a non-transitory computer-readable medium having stored thereon instructions that are executable by the one or more processors to cause the system to perform operations comprising: receiving a request to process an electronic payment transaction between a user and a merchant, wherein the request was initiated by a device of the user, and wherein the merchant has an account with the system; obtaining encrypted data from the request, wherein the encrypted data comprises funding data usable to process the electronic payment transaction and was encrypted by the device using a public key allocated to the merchant by the system; accessing the funding data based on decrypting the encrypted data using a private key corresponding to the public key; obtaining a processing result associated with processing the electronic payment transaction based on the funding data; and providing the processing result to a computer system associated with the merchant.
Claims 9ans 16.
Claim 1. A data computer system, comprising: one or more processors; a network interface device; and a non-transitory computer-readable medium having stored thereon instructions that are executable by the one or more processors to cause the data computer system to perform operations comprising: receiving encrypted data corresponding to an electronic transaction between a user of a client device and a second entity that is not a controlling entity of the data computer system, wherein the electronic transaction was initiated by the client device, and wherein the encrypted data was encrypted by the client device using a public key allocated to the second entity by the data computer system; accessing a private key that is paired to the public key allocated to the second entity, wherein the private key is one of a plurality of private keys stored in an electronic storage system accessible by the data computer system; decrypting the encrypted data using the private key to obtain decrypted data corresponding to the electronic transaction; and providing, via the network interface device, a processing result for the electronic transaction, wherein the processing result is based on at least a portion of the decrypted data.
Claims 8 and 15.
The table above shows that, although the corresponding claims are directed to different statutory categories, the US patent No. 11477180 implemented on a computer would render the claims in the instant application obvious. It is clearly obvious that the (US patent No. 11477180 substantially discloses the subject matter of claim 2 of the instant Application.
The Applicant merely broadens the scope of the instant application by deleting a few elements from the (US patent No. 11477180).
This is an obviousness-type double patenting rejection.
Allowable Subject Matter
Claims 2-21 are objected to, but would be allowable upon file a proper terminal disclaimer and rewritten each independent claim to be along the same lines as allowable subject matter in claim 2.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These include.
US 20100223188 A1– Yang – describes an online payment system uses an electronic check system to make a payment to a merchant on behalf of an online customer.
US 20100125737 A1– Kang - correlate increasing the security of electronic payment transactions, such as eCommerce transactions conducted over the Internet.
US 8924726 B1- de Hodgma et al. discloses generating an encoded representation of encrypted forms of a message which includes an institution's digital signature derived from the message.
Conclusion
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/EVANS DESROSIERS/Primary Examiner, Art Unit 2491