DETAILED ACTION
1. This is the first action on the merits relating to U.S. Application Serial No. 19/172,333 filed on April 7, 2025. Currently claim 1 remains in the examination.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
3. Applicant’s disclosure of related application as described in paragraph [001] is acknowledged. Applicant may update the information.
Statutory Double Patenting
4. 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.
5. Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 11,468,419 B2 to Bedier et al. (hereinafter “419 patent”). This is a statutory double patenting rejection.
Instant Application
419 patent
Claim 1
A terminal, comprising:
a housing comprises a first portion and a second portion;
a payment card industry (PCI)-compliant secure processing system disposed in the housing;
a touchscreen connected to the secure processing system and connected to the first portion of the housing, wherein the touchscreen is configured to receive an input from a first user;
a payment instrument reader connected to the secure processing system in the housing;
a main processing system separate from and connected to the secure processing system, the main processing system disposed in the housing;
a display connected to the second portion of the housing and operably connected to the main processing system, the display configured to display information to a second user;
wherein the first portion of the housing is disposed at a suitable angle relative to the second portion of the housing such that the touchscreen is compliant with a PIN transaction security (PTS) requirement.
Claim 1
A terminal, comprising:
a housing comprises a first portion and a second portion;
a payment card industry (PCI)-compliant secure processing system disposed in the housing;
a touchscreen connected to the secure processing system and connected to the first portion of the housing, wherein the touchscreen is configured to receive an input from a first user;
a payment instrument reader connected to the secure processing system in the housing;
a main processing system separate from and connected to the secure processing system, the main processing system disposed in the housing;
a display connected to the second portion of the housing and operably connected to the main processing system, the display configured to display information to a second user;
wherein the first portion of the housing is disposed at a suitable angle relative to the second portion of the housing such that the touchscreen is compliant with a PIN transaction security (PTS) requirement.
As shown in the claims comparison above, claim 1 of the instant application is verbatim identical to claim 1 of 419 patent.
This is a statutory double patenting rejection, and filing terminal disclaimer can not overcome the statutory double patenting rejection.
Conclusion
The pertinent prior arts made of record but not relied are listed in the attached form PTO-892. These are considered pertinent to Applicant's disclosure. Applicant is respectfully suggested to carefully review these references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ahshik Kim whose telephone number is (571)272-2393. The examiner can normally be reached between the hours of 8:00 AM to 5:00 PM Monday thru Friday. Examiner’s fax phone number is (571)273-2393.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Michael G. Lee, can be reached on (571)272-2398. The fax phone number for this Group is (571)273-8300.
Communications via Internet e-mail regarding this application, other than those under 35 U.S.C. 132 or which otherwise require a signature, may be used by the applicant and should be addressed to [ahshik.kim@uspto.gov].
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/AHSHIK KIM/Primary Examiner, Art Unit 2876
January 17, 2026