Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Status
2. This communication is in response to the Preliminary Amendment filed 04.02.2025. Claim 1 has been canceled, and new claims 2-21 have been added. Therefore, claims 2-21 remain pending in this application.
Oath/Declaration
3. The Applicants’ oath/declaration has been reviewed by the Examiner and is found to conform to the requirements prescribed in 37 C.F.R. 1.63.
Priority / Filing Date
4. Applicants’ claim for priority of US Application filed on 07.30.2015 is acknowledged. The Examiner takes the US Application date of 07.30.2015 into consideration.
Double Patenting
5. 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.
6. Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,445,652. Although the claims at issue are not identical, they are not patentably distinct from each other because the clams are directed to the same invention.
The mapping of exemplary claim 2 of the immediate application to exemplary claim 13 of the patent follows:
Immediate Application
Patent No. 10,445,652
Claim 2: A system, comprising: a processor; a network interface; and a non-transitory computer-readable medium having stored thereon instructions executable by the processor to cause the system to perform operations comprising: accessing, through the network interface via an Internet communication protocol, behavioral data from a plurality of user devices corresponding to respective ones of a plurality of accounts; identifying, by an account engine of a server device of the system, at least one target account from the plurality of accounts based on one or more account activities associated with the behavioral data; determining, by a data processing component of the server device, target scores for the at least one target account based on the behavioral data associated with the at least one target account, wherein the target scores are indicative of a probability of an account-related action by a user of a user device associated with the at least one target account; initiating, by a communication component of the server device, a communication to the user device associated with the at least one target account based on the probability of the account-related action; and after initiating the communication, receiving, through the network interface via the Internet communication protocol, an authorization for a payment-related action for the at least one target account from the user device associated with the at least one target account to change a payment status of the at least one target account.
Claim 13: A system, comprising: a non-transitory memory; and one or more hardware processors coupled to the non-transitory memory and configured to read instructions from the non-transitory memory to cause the system to perform operations comprising: accessing data packets representing account data from a plurality of buyer and seller devices via an Internet communication protocol, wherein the plurality of buyer and seller devices correspond to a plurality of accounts; segmenting the plurality of accounts into a plurality of account groups based at least on a respective balance of each account of the plurality of accounts; determining a plurality of target accounts from the plurality of account groups based at least on behavioral data and/or peer account data retrieved from the account data; determining a method of contact for each target account based at least on the behavioral data and/or the peer account data; determining a respective time to communicate with a respective device for each target account based at least on the methods of contact; initiating communications to the respective devices at the respective times for each target account; and responsive to initiating the communications, receiving authorization for a first payment from at least one user device associated with a particular target account of the plurality of target accounts, wherein the first payment at least partially pays off an account balance of the particular target account.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The PTO-1449 form has been reviewed and considered by the Examiner.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Garcia Ade whose telephone number is (571)272-5586. The examiner can normally be reached on Monday - Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian Zeender can be reached on 517-272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Garcia Ade/Primary Examiner, Art Unit 3627
GARCIA ADE
Primary Examiner
Art Unit 3687
/GA/Primary Examiner, Art Unit 3627
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