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 .
In the interest of compact prosecution, the Examiner called the Attorney Mr. Eric Finnerty on May 13th, to see if Applicant was wiling to file a Terminal Disclaimer over US Patent 12,223,091 to overcome any Non- Statutory Double Patenting rejections however although Applicant indicated a willingness to file a TD, no TD was filed before this Non-Final Rejection.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,223,091. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations recited in claims 1-20 of the instant applications are anticipated by limitations recited in claims 1-20 of the US Patent No. 12,223,091 respectively. Please refer to the comparison table below for sample comparison of claim 1 for details.
Instant Application 19/049,878
US 12,223,091
1. A first computing system of a first entity, the first computing system comprising one or more processors configured to: serve, to a first client application executing on a user device, an internet portal granting control over linking of accounts with client applications other than the first client application; accept, via the internet portal, a login credential and verify that the login credential grants access to the internet portal; present, via the internet portal, an account listing of one or more accounts with which one or more client applications are linkable; present, via the internet portal, in response to selection via the account listing of a financial account comprising account data, a first application listing of one or more client applications installed on the user device, the first application listing identifying a second client application which communicates, when executed on the user device, with a second computing system of a second entity; link, in response to a first selection via the first application listing, the financial account to the second client application; present, via the internet portal, a second application listing identifying a third client application which communicates, when executed on the user device, with a third computing system of a third entity; link, in response to a second selection via the second application linking to link the third client application to the financial account, the financial account to the third client application; receive, from the second computing system, a first application programming interface (API) call comprising a first request for a first subset of the account data; in response to verifying the second client application is linked to the financial account, transmit the first subset of the account data to the second computing system ;receive, from the third computing system, a second API call comprising a second request for a second subset of the account data; in response to verifying the third client application is linked to the financial account, transmit the second subset of the account data to the third computing system; and present, via the internet portal, based on at least one of the first API call and the second API call, information on access to the financial account by at least one of the second client application or the third client application.
1. A first computing system of a first entity, the first computing system comprising one or more processors configured to: serve, to a first client application executing on a user device, an internet portal granting control over linking of accounts with client applications other than the first client application; accept, via the internet portal, a login credential and verify that the login credential grants access to the internet portal; present, via the internet portal, an account listing of one or more accounts with which one or more client applications are linkable; detect, via the account listing of the internet portal, selection of a financial account comprising account data; present, in the internet portal, a first application listing of one or more client applications installed on the user device, the first application listing identifying a second client application which communicates, when executed on the user device, with a second computing system of a second entity; detect, via the first application listing of the internet portal, a first selection to link the second client application to the financial account; link, in response to detecting the first selection, the financial account to the second client application; present, in the internet portal, a second application listing identifying a third client application which communicates, when executed on the user device, with a third computing system of a third entity; detect, via the second application listing of the internet portal, a second selection to link the third client application to the financial account; link, in response to detecting the second selection, the financial account to the third client application; receive, from the second computing system, a first application programming interface (API) call comprising a first request for a first subset of the account data; in response to verifying the second client application is linked to the financial account, transmit the first subset of the account data to the second computing system; receive, from the third computing system, a second API call comprising a second request for a second subset of the account data; in response to verifying the third client application is linked to the financial account, transmit the second subset of the account data to the third computing system; and present, in the internet portal, based on at least one of the first API call and the second API call, information on access to the financial account by at least one of the second client application or the third client application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shrivastava (US 2014/0019352) (Fig. 4A-4D, Fig. 3C, 361, 362, paragraphs [0113, 0190])
Aiglstorfer (US 2014/0129448) (Fig. 6, 8)(Fig. 7, 750)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRIS C WANG whose telephone number is (571)270-1462. The examiner can normally be reached M-F 9:00-5:30.
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, LUU PHAM can be reached at 571-270-5002. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HARRIS C WANG/Primary Examiner, Art Unit 2439
Prosecution Insights