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 .
DETAILED ACTION
This action is in response to the application filed February 24, 2025. Claims 1-20 are pending and examined.
Examiner’s Note: This application claims priority to 11/28/2007 and then had a CIP filed 12/10/2012 which is the date used to search the claims. In the context of that date the use of a transaction certificate as part of the processing of an electronic information market was considered something more avoiding a 101 rejection.
Specification
Applicant is required to update the status (pending, allowed, etc.) of all parent priority applications in the first line of the specification. The status of all citations of US filed applications in the specification should also be updated where appropriate.
Information Disclosure Statement
An initialed and dated copy of Applicant’s IDS form 1449 filed 2/24/2025, is attached to the instant Office action.
Double patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 11,941,670. This is a statutory double patenting rejection.
Conclusion
Any inquiry concerning this communication from the examiner should be directed to Scott S. Trotter, whose telephone number is 571-272-7366. The examiner can normally be reached on 8:30 AM – 5:00 PM, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Gart, can be reached on 571-272-3955.
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The fax phone number for the organization where this application or proceeding is assigned are as follows:
(571) 273-8300 (Official Communications; including After Final Communications labeled “BOX AF”)
(571) 273-7366 (Draft Communications)
/SCOTT S TROTTER/Primary Examiner, Art Unit 3696