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
1. This action is in response to the application filed on 14 May 2025.
Claims 1-20 are presently pending for examination.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 05/14/2025 has being considered by the examiner.
Double Patenting
3. 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 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12335169 and claims 1-20 of U. S. Patent No. 12028275. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to system for locking in offsets associated with resource request by determining data transfer amount based on resource request amount and offset amount. It would have obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the patented claims into instant claims in order to seek broader patent protection of the previously patented claims.
For example:
Instant Application 19/207854
Patent No: 12335169
1. A computer system comprising: a communications module; one or more processors coupled to the communications module; and a memory coupled to the one or more processors and storing instructions that, when executed by the computer system, cause the computer system to: receive, via the communications module, an indication of a resource request associated with a property; determine, based on the property, an offset amount to offset an expected quantity of emissions; and lock in the offset amount.
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11. A computer-implemented method comprising: receiving an indication of a resource request associated with a property; determining, based on the property, an offset amount to offset an expected quantity of emissions; and locking in the offset amount.
20. A non-transitory computer-readable storage medium comprising processor-executable instructions which, when executed, configure one or more processors to: receive an indication of a resource request associated with a property; determine, based on the property, an offset amount to offset an expected quantity of emissions; and lock in the offset amount.
1. A computer system comprising: a communications module; one or more processors coupled to the communications module; and a memory coupled to the one or more processors and storing instructions that, when executed by the computer system, cause the computer system to: receive, via the communications module, a resource request amount for a resource request, the resource request associated with a property; determine, based on the property, an offset amount to offset an expected quantity of emissions; determine a data transfer amount for the resource request that is based on the resource request amount and the offset amount; output the data transfer amount; and use an application programming interface to lock in the offset amount.
11. A computer-implemented method comprising: receiving a resource request amount for a resource request, the resource request associated with a property; determining, based on the property, an offset amount to offset an expected quantity of emissions; determining a data transfer amount for the resource request that is based on the resource request amount and the offset amount; outputting the data transfer amount; and using an application programming interface to lock in the offset amount.
20. A non-transitory computer-readable storage medium comprising processor-executable instructions which, when executed, configure one or more processors to: receive a resource request amount for a resource request, the resource request associated with a property; determine, based on the property, an offset amount to offset an expected quantity of emissions; determine a data transfer amount for the resource request that is based on the resource request amount and the offset amount; output the data transfer amount; and use an application programming interface to lock in the offset amount.
Claim Rejections - 35 USC § 103
4. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
5. Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Richards et al., U. S. Patent Publication No. 2007/0233616 in view of Lopez, U. S. Patent Publication No. 2014/0351014.
Regarding claim 1, Richards discloses a computer system comprising: a communications module, one or more processors coupled to the communications module, and a memory coupled to the one or more processors and storing instructions that, when executed by the computer system (see Richards, Fig. 1 and ¶ [0011]; system comprising communication module, processor and memory is disclosed), cause the computer system to: receive, via the communications module, an indication of a resource request (see Richards, ¶ [0020]; request is received); determine an offset amount to offset an expected quantity of emissions (see Richards, ¶ [0006], [0026] and [0029]; offset amount is determined); and lock in the offset amount (see Richards, ¶ [0033]; offset amount is locked in).
Although Richards discloses the invention substantially as claimed, it does not explicitly disclose associated with property and based on the property.
Lopez teaches associated with property and based on the property (see Lopez, ¶ [0008], [0011] and [0033]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Lopez with that of Richards in order to efficiently calculate the carbon offsets associated with a property.
Regarding claim 2, Richards-Lopez teaches wherein the instructions, when executed by the computer system, further cause the computer system to redetermine the offset amount based on one or more improvements to the property (see Richards, ¶ [0019] and Lopez, ¶ [0037]). Same motivation utilized in claim 1 applies equally to claim 2.
Regarding claim 3, Richards-Lopez teaches wherein the offset amount is locked in in response to receiving an instruction to initiate the resource request (see Richards, ¶ [0021] and [0033]).
Regarding claim 4, Richards-Lopez teaches wherein the instructions, when executed by the computer system, further cause the computer system to obtain data indicating one or more characteristics of the property and use the data indicating the one or more characteristics of the property to determine the offset amount (see Richards, ¶ [0029] and Lopez, ¶ [0039]). Same motivation utilized in claim 1 applies equally to claim 4.
Regarding claim 5, Richards-Lopez teaches wherein the data indicating the one or more characteristics of the property is obtained from a representation of a resource demand associated with the property (see Richards, ¶ [0020] and Lopez, ¶ [0051]). Same motivation utilized in claim 1 applies equally to claim 5.
Regarding claim 6, Richards-Lopez teaches wherein the data indicating the one or more characteristics of the property includes energy usage data (see Richards, ¶ [0028] and Lopez, ¶ [0051]). Same motivation utilized in claim 1 applies equally to claim 6.
Regarding claim 7, Richards-Lopez teaches wherein the property is real property (see Lopez, ¶ [0034]). Same motivation utilized in claim 1 applies equally to claim 7.
Regarding claim 8, Richards-Lopez teaches wherein the property is personal property (see Lopez, ¶ [0035]). Same motivation utilized in claim 1 applies equally to claim 8.
Regarding claim 9, Richards-Lopez teaches wherein the instructions, when executed by the computer system, further cause the computer system to determine a data transfer amount for the resource request based on the offset amount and to output the data transfer amount (see Richards, ¶ [0015] and Lopez, ¶ [0106]). Same motivation utilized in claim 1 applies equally to claim 9.
Regarding claim 10, Richards-Lopez teaches wherein the instructions, when executed by the computer system, further cause the computer system to determine a data transfer amount for the resource request based on the offset amount and a resource request amount for the resource request (see Richards, ¶ [0025] and Lopez, ¶ [0034] and [0106]). Same motivation utilized in claim 1 applies equally to claim 10.
Regarding claim 11, Richards discloses a computer-implemented method comprising :receiving an indication of a resource request (see Richards, ¶ [0020]; request is received); determining an offset amount to offset an expected quantity of emissions (see Richards, ¶ [0006], [0026] and [0029]; offset amount is determined); and locking in the offset amount (see Richards, ¶ [0033]; offset amount is locked in).
Although Richards discloses the invention substantially as claimed, it does not explicitly disclose associated with property and based on the property.
Lopez teaches associated with property and based on the property (see Lopez, ¶ [0008], [0011] and [0033]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Lopez with that of Richards in order to efficiently calculate the carbon offsets associated with a property.
Regarding claim 12, Richards-Lopez teaches further comprising redetermining the offset amount based on one or more improvements to the property (see Richards, ¶ [0019] and Lopez, ¶ [0037]). Same motivation utilized in claim 11 applies equally to claim 12.
Regarding claim 13, Richards-Lopez teaches wherein the offset amount is locked in in response to receiving an instruction to initiate the resource request (see Richards, ¶ [0021] and [0033]).
Regarding claim 14, Richards-Lopez teaches further comprising obtaining data indicating one or more characteristics of the property and using the data indicating the one or more characteristics of the property to determine the offset amount (see Richards, ¶ [0029] and Lopez, ¶ [0039]). Same motivation utilized in claim 11 applies equally to claim 14.
Regarding claim 15, Richards-Lopez teaches wherein the data indicating the one or more characteristics of the property is obtained from a representation of a resource demand associated with the property (see Richards, ¶ [0020] and Lopez, ¶ [0051]). Same motivation utilized in claim 11 applies equally to claim 15.
Regarding claim 16, Richards-Lopez teaches wherein the data indicating the one or more characteristics of the property includes energy usage data (see Richards, ¶ [0028] and Lopez, ¶ [0051]). Same motivation utilized in claim 11 applies equally to claim 16.
Regarding claim 17, Richards-Lopez teaches wherein the property is real property (see Lopez, ¶ [0034]). Same motivation utilized in claim 11 applies equally to claim 17.
Regarding claim 18, Richards-Lopez teaches wherein the property is personal property (see Lopez, ¶ [0035]). Same motivation utilized in claim 11 applies equally to claim 18.
Regarding claim 19, Richards-Lopez teaches further comprising determining a data transfer amount for the resource request based on the offset amount and outputting the data transfer amount (see Richards, ¶ [0015] and Lopez, ¶ [0106]). Same motivation utilized in claim 11 applies equally to claim 19.
Regarding claim 20, Richards discloses a non-transitory computer-readable storage medium comprising processor-executable instructions which, when executed, configure one or more processors to: receive an indication of a resource request (see Richards, ¶ [0020]; request is received); determine an offset amount to offset an expected quantity of emissions (see Richards, ¶ [0006], [0026] and [0029]; offset amount is determined); and lock in the offset amount (see Richards, ¶ [0033]; offset amount is locked in).
Although Richards discloses the invention substantially as claimed, it does not explicitly disclose associated with property and based on the property.
Lopez teaches associated with property and based on the property (see Lopez, ¶ [0008], [0011] and [0033]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Lopez with that of Richards in order to efficiently calculate the carbon offsets associated with a property.
Prior Art of Record
6. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Please refer to form PTO-892 (Notice of Reference Cited) for a list of relevant prior art.
a) US 2022/0292540 A1 is directed to method and system for providing carbon offsets comprising determining a level of carbon offset reward based at least in part upon the level of mindful driving of the user, determining an amount of total carbon emission of the user, and providing an amount of carbon offset reward based at least in part upon the level of carbon offset reward and the amount of total carbon emission.
b) US 20230260030 A1 is directed to a method for administering at least one carbon-linked security product includes receiving a carbon footprint associated with an issuer and a confirmation of a deposit of an underlying security associated with the issuer, calculating a carbon offset amount from a ratio derived from at least the carbon footprint or an issuance of the underlying security, linking the carbon offset amount to the underlying security to create at least one carbon-linked security product, receiving a notification of a corporate action by the issuer, determining that the corporate action has an impact on the ratio, and automatically updating, based on the corporate action and the determining, the carbon offset amount in the distributed ledger.
c) US 20240235191 A1 is directed to a method for incentivizing carbon emissions reduction of a building includes generating a carbon offset token based on equipment data. The carbon offset token represents a quantified amount of carbon emissions reduction resulting from a reduced amount of energy consumption or an amount of green energy generation for the building indicated by the equipment data. The method includes validating a new block of a first blockchain. The carbon offset token is an attribute or data of the new block of the first blockchain. The first blockchain is limited from public access. The method includes providing the first blockchain as an input to a new block or a sidechain of a second blockchain. The second blockchain is publicly accessible and includes the carbon offset token as a result of providing the first blockchain as an input to the new block or sidechain of the second blockchain.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED IBRAHIM whose telephone number is (571)270-1132. The examiner can normally be reached on Monday through Friday from 9:30AM to 6:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Follansbee can be reached on 571-272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Mohamed Ibrahim/
Primary Examiner, Art Unit 2444
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