DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/10/26 has been entered.
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 1, 8, and 13, and therefore dependent claims 2-4 and 9-12, 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claim 1, the limitation citing “…electronically readable means that is also functionally part of the transaction card” within the specifications and claim was not described in the specifications in such a way to which it pertains, of with which it is most nearly connected, to make and/or use the invention. What makes the electronically readable means functionally part of the transaction card. Isn’t any electronically readable means of a transaction card functionally part of a transaction card?
Regarding claim 8, the limitation citing “…electronically readable means that is also functionally part of the transaction card…” within the specifications and claim was not described in the specifications in such a way to which it pertains, of with which it is most nearly connected, to make and/or use the invention. What makes the electronically readable means functionally part of the transaction card. Isn’t any electronically readable means of a transaction card functionally part of a transaction card?
Regarding claim 13, the limitation citing “…electronically readable means that is also functionally part of the transaction card…” within the specifications and claim was not described in the specifications in such a way to which it pertains, of with which it is most nearly connected, to make and/or use the invention. What makes the electronically readable means functionally part of the transaction card. Isn’t any electronically readable means of a transaction card functionally part of a transaction card?
Appropriate correction or clarification is required.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1, and therefore claims 2-7, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the limitation citing “…a financial transaction can be conducted using decoded financial account data from the electronically readable means…” does not set forth a clear understanding of from where the decoded financial account data is decoded.
How is the financial account data decoded when the financial account data was introduced in the claim as encoded?
For examination purposes, the previously applied prior art rejection of Paper No. 20260408 will be presented below in view of the currently standing 35 USC 112 rejections as indicated above.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-13 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Schatz (US 4,066,873).
Schatz teaches
Regarding claim 1,
a combined use transactional card including electronically readable means (symbols 18a, 18b, 18c) including financial account data by which a financial transaction can be conducted, the card also comprising further electronically readable means (embossed cardholder’s name) that is also functionally part of the transactional card and that is encoded with electrically readable data that when read by an electronic data reader for a source of the electronically readable data services access to an event that is not associated with the financial account (see column 2, lines 30-35);
regarding claim 2, the combined use transactional card of claim 1, wherein the further electronically readable means that is functionally part of the transaction card comprises a magnetic stripe (see column 4, lines 39-43);
regarding claim 3, the combined use transactional card of claim 2, wherein the magnetic stripe also comprises the electronically readable means by which a financial transaction can also be conducted, but further wherein the magnetic stripe comprises plural distinct data tracks with at least one track that contains financial account data and at least a segment of another track that provides for the source of electronically readable data that services an event that is not associated with the financial account (see Figure 2);
regarding claim 4, the combined use transactional card of claim 2, wherein two tracks are utilized for financial transaction purposes, and at least a segment of a third track is used as the source of data for servicing an event no associated with the financial account (see barcode 18a);
regarding claim 5, the combined use transactional card of claim 1, wherein the further electronically readable means that is functionally part of the transaction card comprises an RFID transponder as a source of electronically readable data that services an event that is not associated with the financial account (col. 1, lines 55-62);
regarding claim 6, the combined use transactional card of claim 1, wherein the further electronically readable means that is functionally part of the transaction card comprises optical character recognition text (col. 1, lines 55-62);
regarding claim 7, the combined use transactional card of claim 1, wherein the further electronically readable means that is functionally part of the transaction card comprises a two- dimensional barcode (see Figure 2)
regarding claim 8,
a method of making a combined use transactional card including electronically readable means by which a financial transaction can be conducted, the card also comprising further electronically readable means that is also functionally part of the transactional card comprising the steps of:
encoding financial data by which a financial transaction can be conducted onto the electronically readable means provided to the transactional card ; and
encoding non-financial data in the further electronically readable means provided on the transactional card that when read by an electronic data reader for a source of electronically readable data can service an event that is not associated with the financial account (see column 2, lines 30-35);
regarding claim 9, the method of claim 8, wherein the step of encoding non-financial data comprises writing data to at least a separate track segment of a magnetic stripe as provided to the transactional card, which stripe also includes at least one track for receiving data during the step of encoding financial data (see column 4, lines 39-43);
regarding claim 10, the method of claim 8, wherein the step of encoding non- financial data comprises encoding data to an RFID element as provided as part of the transactional card construction, which RFID element also provides data storage for receiving data during the step of encoding financial data;
Regarding claim 11, the method of claim 8, wherein the step of encoding non- financial data comprises providing data to the transactional card in the form of optical character recognition text provided as part of the transactional card construction (col. 1, lines 55-62);
Regarding claim 12, the method of claim 8, wherein the step of encoding non- financial data comprises encoding data to two-dimensional barcode as provided on the transactional card (see Figure 2);
Regarding claim 13, a method of using a combined use transactional card including electronically readable means by which a financial transaction can be conducted, the card also comprising further electronically readable means that is also functionally part of the transactional card and that is encoded with data that when read by an electronic data reader for the source of electronically readable data services an event that is not associated with the financial account, the method comprising the steps of:
electrically reading the further electronically readable means from the transaction card and determining the data that services an event not associated with a financial account (see column 2, lines 30-35); and
triggering a servicing for an event based upon an acceptability of the data for such specific purpose (see column 2, lines 30-35).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMARA ALZAIDA FRANKLIN whose telephone number is (571)272-2389. The examiner can normally be reached Monday-Friday, 8:00am-4:30pm
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September 30, 2026
/JAMARA A FRANKLIN/ Primary Examiner, Art Unit 2876
