DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is a non-final office action on application 19/030,493.
Claim 1 has been canceled with new claims 2-21. Claims 2-21 are pending.
Continuation
This application is a continuation application of U.S. application no. 17/563,250 filed on 12/28/2021, now U.S. Patent 12,277,560 ("Parent Application"), which is a continuation application of U.S. application no. 16/130,024 filed on 9/13/2018, now U.S. Patent 11,301,853 ("Parent Application") . See MPEP §201.07. In accordance with MPEP §609.02 A. 2 and MPEP §2001.06(b) (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP §2001.06(b) (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Parent Application need not be resubmitted in this application unless Applicant(s) desire the information to be printed on a patent issuing from this application. See MPEP §609.02 A. 2.
Information Disclosure Statement
The information disclosure statement received on 4/10/2025 is being considered by the examiner.
Claim Rejections - 35 USC § 112
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.
Claims 2-21 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.
Per claim 2, the attempts to recite that some or all of the recited steps are performed “prior to receiving an indication of an electronic transaction being initiated by a user of a client computing device:”. The scope of the claim is unclear as the claim does not clearly delineate which one of the steps are performed prior to receiving an indication of an electronic transaction being initiated by a user of a client computing device in light of the use of indentation in the claim and the use of “and” in the claim. For example, in light of the indentation usage, one of ordinary skill in the art would appreciate that the last recited steps of receiving, by the server system, an indication … and approving, by the server system … occur after “prior to receiving an indication of an electronic transaction being initiated by a user of a client computing device:”. However, one of ordinary skill in the art would interpret all of the recited steps occurring “prior to receiving an indication of an electronic transaction being initiated by a user of a client computing device:” in light of the “and” usage in the claim.
For the purpose of compact prosecution, the action will interpret all of the recited steps occurring prior to receiving an indication of an electronic transaction being initiated by a user of a client computing device.
The claim recites that the server system performing of the server-side pre-transaction processing operations is performed prior to receiving an indication of an electronic transaction being initiated by the user. The claim, however, recites that the server-side pre-transaction processing operations comprises: identifying the computing device based on hardware identification information; identifying, based on one or more user actions corresponding to the UI, one or more items of a plurality of items available for purchase via the UI; beginning an assessment of a risk of executing the electronic transaction prior to the user initiating the electronic transaction; and subsequent to beginning the assessment of the risk, receiving, by the server system, an indication that the user has selected a UI element displayed via the UI, wherein user selection of the UI element initiates the electronic transaction. In other word, the receiving of the indication that the user has selected a UI element that initiates the electronic transaction contradicts “prior to receiving an indication of an electronic transaction being initiated by a user of a client computing device” as by receiving the indication that the user has selected a UI element is equivalent to “receiving an indication of an electronic transaction being initiated by a user”.
The other independent claims, i.e., claims 11 and 16, are rejected as they are significantly similar to claim 1.
The dependent claims are rejected as they depend on the claim(s) above.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 2-21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5-8, 10, 12-16, 18, and 19 of U.S. Patent No. 12,277,560. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Per claim 2, ‘560 discloses a method, comprising:
prior to receiving an indication of an electronic transaction being initiated by a user of a computing device (see claim 1: prior to receiving an indication of an electronic transaction being initiated by a user of a client computing device):
receiving, by a server system, an indication of a user interface (UI) action taken with respect to a UI displayed via the computing device, wherein the UI is rendered via a program executing on the computing device (see claim 1: receiving, by a server system, an indication of a first user interface (UI) action taken with respect to a software user interface displayed on the client computing device, wherein the first UI action corresponds to at least one of a user mouse action of a first user or a user touchscreen action of the first user, wherein the software user interface is rendered via a program executing on the client computing device;);
predicting, by the server system based on at least the UI action, a time interval between the UI action and a time at which the user will initiate the electronic transaction (see claim 1: predicting, by the server system based on at least the first UI action, an amount of time available between the first UI action and a time at which the user will initiate the electronic transaction within which to perform server-side pre-transaction processing operations;);
selecting, by the server system based on the predicted time interval, one or more pre-transaction processing operations to be performed during server-side pre-transaction processing (see claim 1: selecting, by the server system based on the predicted amount of time, a number and type of pre-transaction processing operations to be performed during server-side pre-transaction processing;);
responsive to the predicting, the selecting, and the indication of the UI action, the server system performing server-side pre-transaction processing operations for the electronic transaction, wherein the electronic transaction is initiable via the UI but has not yet been initiated by the user, and wherein the server-side pre-transaction processing operations (see claim 1: responsive to the predicting, the selecting, and the indication of the first UI action taken with respect to the software user interface displayed on the client computing device, the server system performing server-side pre-transaction processing operations for the electronic transaction, wherein the electronic transaction is initiable via the software user interface but has not yet been initiated by the user, and wherein the server-side pre-transaction processing operations comprise:) comprise: identifying the computing device based on hardware identification information (see claim 1: identifying a device identity of the client computing device using hardware identification information for the client computing device;); identifying, based on one or more user actions corresponding to the UI, one or more items of a plurality of items available for purchase via the UI (see claim 1: identifying one or more items available for purchase corresponding to the software user interface, wherein the user has taken one or more UI actions with respect to the identified one or more items available for purchase); beginning an assessment of a risk of executing the electronic transaction prior to the user initiating the electronic transaction (see claim 1: beginning an assessment of a risk of executing the electronic transaction prior to the user initiating the electronic transaction); and subsequent to beginning the assessment of the risk, receiving, by the server system, an indication that the user has selected a UI element displayed via the UI, wherein user selection of the UI element initiates the electronic transaction (see claim 1: subsequent to beginning the assessment of the risk, receiving, by the server system, an indication that the user has selected a UI element displayed via the software user interface, wherein user selection of the UI element initiates the electronic transaction); and
approving, by the server system, the electronic transaction based on results of the server- side pre-transaction processing operations (see claim 1: approving or denying, by the server system, the electronic transaction based on retrieving the cached results of the server-side pre-transaction processing operations).
Per claim 3, ‘560 discloses wherein the hardware identification information includes a security token transmitted by the computing device to the server system (see claim 2).
Per claim 4, ‘560 discloses wherein the server-side pre-transaction processing operations further include determining a user account associated with the computing device (see claim 1, determining a user account associated with the client computing device).
Per claim 5, ‘560 discloses caching, by the server system, the results of the server-side pre-transaction processing operations, wherein approving the electronic transaction is performed by the server system based on retrieving the cached results (see claim 1, caching results of the server-side pre-transaction processing operations … approving or denying, by the server system, the electronic transaction based on retrieving the cached results of the server-side pre-transaction processing operations).
Per claim 6, ‘560 discloses wherein the server-side pre-transaction processing operations for the electronic transaction further include: detecting a current geolocation of the computing device; and determining whether the detected current geolocation matches a registered geolocation of the user (see claim 5).
Per claim 7, ‘560 discloses assigning a priority to the electronic transaction, wherein determining to begin the server- side pre-transaction processing operations for the electronic transaction is based on the assigned priority (see claim 6).
Per claim 8, ‘560 discloses determining an availability of system resources of the server system, wherein determining to begin the server-side pre-transaction processing operations for the electronic transaction is based on the availability of system resources, wherein the availability of system resources includes an availability of computer processing resources for transaction processing (see claim 7. The method of claim 1, further comprising: determining an availability of system resources of the server system, wherein determining to begin the server-side pre-transaction processing operations for the electronic transaction is based on the availability of system resources)(see claim 8, The method of claim 7, wherein the availability of system resources includes an availability of computer processing resources for transaction processing).
Per claim 9, ‘560 discloses wherein the UI action corresponds to at least one of a mouse action of the user or a touchscreen action of the user (see claim 1, wherein the first UI action corresponds to at least one of a user mouse action of a first user or a user touchscreen action of the first user).
Per claim 10, ‘560 discloses wherein the selecting further includes: determining a number and types of operations to be performed during the server-side pre- transaction processing (see claim 1, selecting, by the server system based on the predicted amount of time, a number and type of pre-transaction processing operations to be performed during server-side pre-transaction processing).
Per claim 11, ‘560 discloses a server system (claim 10, server system), comprising:
a processor (see claim 10, a processor); and
a non-transitory computer-readable medium having stored thereon instructions that are executable to cause the server system to perform operations comprising (see claim 10, a non-transitory computer-readable medium having stored thereon instructions that are executable to cause the server system to perform operations comprising: ):
prior to receiving an indication of an electronic transaction being initiated by a user of a client computing device (see claim 10, prior to receiving an indication of an electronic transaction being initiated by a user of a client computing device):
receiving an indication of a user interface (UI) action taken with respect to a UI displayed via the client computing device wherein the UI is rendered via a program executing on the client computing device (see claim 10, receiving an indication of a first user interface (UI) action taken with respect to a software user interface displayed on the client computing device, wherein the first UI action corresponds to at least one of a user mouse action of a first user or a user touchscreen action of the first user, wherein the software user interface is rendered via a program executing on the client computing device);
predicting, based on at least the UI action, a time interval between the UI action and a time at which the user will initiate the electronic transaction (see claim 10, predicting, based on at least the first UI action, an amount of time available between the first UI action and a time at which the user will initiate the electronic transaction within which to perform server-side pre-transaction processing operations);
selecting, based on the predicted time interval, pre-transaction processing operations to be performed during server-side pre-transaction processing (see claim 10, selecting, based on the predicted amount of time, a number and type of pre-transaction processing operations to be performed during server-side pre-transaction processing);
responsive to the predicting, the selecting, and the indication of the UI action, performing server-side pre-transaction processing operations for the electronic transaction, wherein the electronic transaction is initiable via the UI but has not yet been initiated by the user, and wherein the server-side pre-transaction processing operations comprise (see claim 10, responsive to the predicting, the selecting, and the indication of the first UI action taken with respect to the software user interface displayed on the client computing device, performing server-side pre-transaction processing operations for the electronic transaction, wherein the electronic transaction is initiable via the software user interface but has not yet been initiated by the user, and wherein the server-side pre-transaction processing operations comprise): identifying the client computing device based on hardware identification information (see claim 10, identifying a device identity of the client computing device using hardware identification information for the client computing device); identifying, based on one or more user actions corresponding to the UI, one or more items of a plurality of items available for purchase (see claim 10, identifying one or more items available for purchase corresponding to the software user interface, wherein the user has taken one or more UI actions with respect to the identified one or more items available for purchase); and beginning an assessment of a risk of executing the electronic transaction prior to the user initiating the electronic transaction (see claim 10, beginning an assessment of a risk of executing the electronic transaction prior to the user initiating the electronic transaction);
subsequent to beginning the assessment of the risk, an indication that the user has selected a checkout UI element displayed via the UI, wherein user selection of the checkout UI element initiates the electronic transaction (see claim 10, subsequent to beginning the assessment of the risk, receiving an indication that the user has selected a checkout UI element displayed via the software user interface, wherein user selection of the checkout UI element initiates the electronic transaction); and
denying the electronic transaction based on a result of the assessment of the risk (see claim 10, approving or denying the electronic transaction based on a result of the assessment of the risk).
Per claim 12, ‘560 discloses wherein the instructions are further executable by the processor to cause the system to perform operations comprising: caching the results of the server-side pre-transaction processing operations, wherein denying the electronic transaction is performed by the server system based on retrieving the cached results (see claim 1, caching results of the server-side pre-transaction processing operations … approving or denying, by the server system, the electronic transaction based on retrieving the cached results of the server-side pre-transaction processing operations).
Per claim 13, ‘560 discloses wherein the server-side pre-transaction processing operations for the electronic transaction further include one or more of: determining a user account associated with the client computing device, data encryption corresponding to the electronic transaction, data retrieval corresponding to the electronic transaction, or generating a pre-authorization decision for the electronic transaction (see claim 10. determining a user account associated with the client computing device)(claim 12 wherein the server-side pre-transaction processing operations for the electronic transaction further comprise one or more of: data encryption corresponding to the electronic transaction, data retrieval corresponding to the electronic transaction, or generating a pre-authorization decision for the electronic transaction).
Per claim 14, ‘560 discloses wherein the indication of the UI action further includes a security token corresponding to the client computing device, and wherein identifying the computing device is further based on the security token (see claim 13).
Per claim 15, ‘560 discloses wherein the server-side pre-transaction processing operations for the electronic transaction further comprise: detecting a current geolocation of the client computing device; and determining whether the detected current geolocation matches a registered geolocation of the user (see claim 14).
Per claim 16, ‘560 discloses a non-transitory computer-readable medium having stored thereon instructions that are executable to cause a server system to perform operations comprising (see claim 15, non-transitory computer-readable medium having stored thereon instructions that are executable to cause a server system to perform operations comprising:):
prior to receiving an indication of an electronic transaction being initiated by a user of a client computing device (see claim 15, prior to receiving an indication of an electronic transaction being initiated by a user of a client computing device):
receiving an indication of a user interface (UI) action taken with respect to a UI displayed via the client computing device, wherein the UI is rendered via a program executing on the client computing device (see claim 15, receiving an indication of a first user interface (UI) action taken with respect to a software user interface displayed on the client computing device, wherein the first UI action corresponds to at least one of a user mouse action of a first user or a user touchscreen action of the first user, wherein the software user interface is rendered via a program executing on the client computing device);
predicting, based on at least the UI action, a time interval between the UI action and a time at which the user will initiate the electronic transaction (see claim 15, predicting, based on at least the first UI action, an amount of time available between the first UI action and a time at which the user will initiate the electronic transaction within which to perform server-side pre-transaction processing operations);
selecting, based on the predicted time interval, pre-transaction processing operations to be performed during server-side pre-transaction processing (see claim 15, selecting, based on the predicted amount of time, a number and type of pre-transaction processing operations to be performed during server-side pre-transaction processing);
responsive to the predicting, the selecting, and the indication of the UI action, performing server-side pre-transaction processing operations for the electronic transaction, wherein the electronic transaction is initiable via the UI but has not yet been initiated by the user, and wherein the server-side pre-transaction processing operations comprise (see claim 15, responsive to the predicting, the selecting, and the indication of the first UI action taken with respect to the software user interface displayed on the client computing device, performing server-side pre-transaction processing operations for the electronic transaction, wherein the electronic transaction is initiable via the software user interface but has not yet been initiated by the user, and wherein the server-side pre-transaction processing operations comprise): identifying the client computing device based on hardware identification information (see claim 15, identifying a device identity of the client computing device using hardware identification information for the client computing device); identifying, based on one or more user actions at the UI, one or more items of a plurality of items available for purchase (see claim 15, identifying one or more items available for purchase corresponding to the software user interface, wherein the user has taken one or more UI actions with respect to the identified one or more items available for purchase); and beginning an assessment of a risk of executing the electronic transaction prior to the user initiating the electronic transaction (see claim 15, beginning an assessment of a risk of executing the electronic transaction prior to the user initiating the electronic transaction);
subsequent to beginning the assessment of the risk, an indication that the user has selected a UI element displayed via the UI, wherein user selection of the UI element initiates the electronic transaction (see claim 15, subsequent to beginning the assessment of the risk, receiving an indication that the user has selected a UI element displayed via the software user interface, wherein user selection of the UI element initiates the electronic transaction); and
approving the electronic transaction based on a result of the assessment of the risk (see claim 15, approving or denying the electronic transaction based on a result of the assessment of the risk).
Per claim 17, ‘560 discloses wherein the operations further comprise: assigning a priority to the electronic transaction, wherein determining to begin the server- side pre-transaction processing operations for the electronic transaction is based on the assigned priority (see claim 16).
Per claim 18, ‘560 discloses wherein the server-side pre-transaction processing operations further include determining a user account associated with the client computing device (see claim 15. determining a user account associated with the client computing device).
Per claim 19, ‘560 discloses wherein performing server-side pre-transaction processing operations is further performed based on historical account information for the user including information regarding a plurality of previous transactions engaged in by the user account, wherein the user account corresponds to an electronic transaction processing service (see claim 19).
Per claim 20, ‘560 discloses wherein the one or more UI actions include the user adding the one or more items to an online shopping cart corresponding to the UI (see claim 18).
Per claim 21, ‘560 discloses wherein the operations further comprise: caching the results of the server-side pre-transaction processing operations, wherein denying the electronic transaction is performed by the server system based on retrieving the cached results (see claim 1. caching results of the server-side pre-transaction processing operations … approving or denying, by the server system, the electronic transaction based on retrieving the cached results of the server-side pre-transaction processing operations).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Publication No. 20130144888 discloses a system and method of dynamic network analytics system that receives, and analyses queries sent in data messages from data requesters. The system determines an optimized process for determining risk level based on analysis of past interactions by a user and past interactions by users similar to the user. The system generates risk assessments and risk scores. The disclosure provides shopping environment, particularly a website having a product page and a shopping checkout page and determines that a consumer is viewing the product page, and determines a first risk level estimate concerning the consumer when the consumer is viewing the product page. The method further comprises determining that the consumer is viewing the shopping checkout page, updating the first risk level estimate to a second risk level estimate concerning the consumer when the consumer is viewing the shopping checkout page, receiving an indication to start a purchase transaction from the consumer on the shopping checkout page, and assessing a risk of the purchase transaction using the second risk level estimate that was updated from the first risk level estimate. The risk score is then used to either approve or deny the transaction. The disclosure further teaches risk data using particulars of the identification of the user device.
The disclosure, however, does not particularly teach the prediction of the time interval between the UI action (for example, a consumer browsing a catalog or selecting an item for purchase) and a time at which the user will initiate the electronic transaction (for example, time at which the user initiates the checkout) based on at least the UI action and selecting one or more pre-transaction processing operations to be performed during server-side pre-transaction processing based on the predicted time interval as recited in the claim.
US Patent Publication No. 20180253728 discloses a system and method for optimizing analytics selection to detect fraud. The technique includes receiving from a requestor a request to analyze a first transaction, wherein the request includes information about the first transaction. The system determines based on the requestor and information about the first transaction a required service time for the first transaction and uses fraud detection analytics optimization model to select, from a plurality of available fraud detection analytics, a fraud detection analytic with a lowest risk level predicted to execute within the required service time. The system determines the required service time using a service level agreement model that uses data to determine response time requirements defined in the SLA corresponding to the transaction. The response time may be subject to type of transaction, time/date of transaction, etc.
The disclosure, however, does not particularly teach that the service response time is based on the prediction of the time interval between the UI action (for example, a consumer browsing a catalog or selecting an item for purchase) and a time at which the user will initiate the electronic transaction (for example, time at which the user initiates the checkout) based on at least the UI action.
US Patent Publication No. 20160189150 discloses a system and method of processing a potential customer’s intent and information to determine how confident the merchant is that the customer is entitled to utilize a payment. A user may wish to purchase an item that they view on a merchant marketplace using a computer of mobile phone. The merchant for the merchant marketplace may register the user's intent to purchase the item by receiving the user's actions while browsing the marketplace. The user may further provide user information with the merchant, such as a biometric reading, identifier, or other information. When the user then arrives at a merchant location to purchase the item and complete a transaction using a payment instrument, the merchant may process the user's intent and information to determine how confident the merchant is that the user is entitled to utilize the payment method. The disclosure discloses various method of identity checks including hardware identification.
The disclosure, however, does not particularly teach the prediction of the time interval between the UI action (for example, a consumer browsing a catalog or selecting an item for purchase) and a time at which the user will initiate the electronic transaction (for example, time at which the user initiates the checkout) based on at least the UI action and selecting one or more pre-transaction processing operations to be performed during server-side pre-transaction processing based on the predicted time interval as recited in the claim.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN S KIM whose telephone number is (571)270-5287. The examiner can normally be reached Monday -Friday: 7:00 - 3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patrick McAtee can be reached at 571-272-7575. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN S KIM/Primary Examiner, Art Unit 3698