FINAL REJECTION
Examiner’s Remarks
Regarding the amendment filed 3/18/2026:
The amendments to claims 1, 8 and 14 are acknowledged and accepted.
The cancelation of claims 4, 11 and 17 is acknowledged and accepted.
In view of the amendments to claims 1, 8 and 14, the effective filing date of claims is 4/1/2014 (App # 14/242615).
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 .
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.
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Claims 1-3, 5-10, 12-16 and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 9,978,066. Although the claims at issue are not identical, they are not patentably distinct from each other because the respective claims are not patently distinguishable, and encompass, with varying scope, the same subject matter.
INSTANT CLAIM(S)
PATENTED CLAIM(S)
1. (Currently Amended) A check certification computer system, comprising: a memory device; and at least one processor coupled to the memory device, the at least one processor being configured: to receive, from a check issuer computer system of a checking account holder at a payer financial institution, a full first payee name least partial second payee information, a second financial account number, a second check number, and a second dollar amount from a received check, at least one of the at least partial second payee information, the second financial account number, the second check number, or the second dollar amount electronically scanned by an electronic device at the payee financial institution, and the check certification computer system, the check issuer computer system, and the computer system of the payee financial institution being independent of one another; to determine whether the second financial account number, the second check number, and the second dollar amount match name name name
1. A check certification computer system to verify a name on a check, comprising: a memory device; and at least one processor coupled to the memory device, the at least one processor being configured: to receive, from a check issuer computer system of a checking account holder at a payer financial institution, a first payee name and first check information comprising: a first routing number, a first account number, a first check number, and a first dollar amount associated with an issued check; to associate the first payee name with the first check information; to receive, from a computer system of a payee financial institution, second check information comprising a second routing number, a second account number, a second check number, and a second dollar amount from a received paper check, at least one of the second routing number, the second account number, the second check number, the second dollar amount, or a combination thereof electronically read by a first device at the payee financial institution, and the check certification computer system being independent of the check issuer computer system and the computer system of the payee financial institution; to receive, from the computer system of the payee financial institution, a second payee name electronically read from an identification document by a second device at the payee financial institution; to determine a variation of the second payee name; to identify the first payee name when the first check information matches the second check information; to verify that the first payee name corresponds to the second payee name when the first payee name matches the second payee name or the first payee name matches the variation of the second payee name; to send, to the computer system of the payee financial institution in response to the verification, a name verification message indicating that the first payee name corresponds to the second payee name; to record, at the check certification computer system, a result of the verification and a time stamp corresponding to the verification, the result and time stamp used to identify fraud when the second check information is received, at a time that is after the time stamp, from a financial institution that is different from the payee financial institution; and to receive, from the computer system of the payee financial institution, a check deposit message indicating that the received paper check has been deposited to a deposit account based on the name verification message, the check deposit message comprising at least a name of an account holder of the deposit account.
8. (Currently Amended) A non-transitory computer readable medium tangibly storing program code on a check certification computer system, the program code comprising: program code to receive, from a check issuer computer system of a checking account holder at a payer financial institution, a full first payee name computer system, the check issuer computer system, and the computer system of the payee financial institution being independent of one another; program code to determine whether the second financial account number, the second check number, and the second dollar amount match name name name
7. A non-transitory computer readable medium tangibly storing program code on a check certification computer system to verify a name on a check, the program code comprising: program code to receive, from a check issuer computer system of a checking account holder at a payer financial institution, a first payee name and first check information comprising: a first routing number, a first account number, a first check number, and a first dollar amount associated with an issued check; program code to associate the first payee name with the first check information; program code to receive, from a computer system of a payee financial institution, second check information comprising a second routing number, a second account number, a second check number, and a second dollar amount from a received paper check, at least one of the second routing number, the second account number, the second check number, the second dollar amount, or a combination thereof electronically read by a first device at the payee financial institution, and the check certification computer system being independent of the check issuer computer system and the computer system of the payee financial institution; program code to receive, from the computer system of the payee financial institution, a second payee name electronically read from an identification document by a second device at the payee financial institution; program code to determine a variation of the second payee name; program code to identify the first payee name when the first check information matches the second check information; program code to verify that the first payee name corresponds to the second payee name when the first payee name matches the second payee name or the first payee name matches the variation of the second payee name; to send, to the computer system of the payee financial institution in response to the verification, a name verification message indicating that the first payee name corresponds to the second payee name; program code to record, at the check certification computer system, a result of the verification and a time stamp corresponding to the verification, the result and time stamp used to identify fraud when the second check information is received, at a time that is after the time stamp, from a financial institution that is different from the payee financial institution; and program code to receive, from the computer system of the payee financial institution, a check deposit message indicating that the received paper check has been deposited to a deposit account based on the name verification message, the check deposit message comprising at least a name of an account holder of the deposit account.
14. (Currently Amended) A computerized method to verify a check by a check certification computer system, the method comprising: receiving, from a check issuer computer system of a checking account holder at a payer financial institution, a full first payee name match amount; determining whether the at least partial second payee information matches at least a first portion of the full first payee name name name
8. A computerized method to verify a name on a check, comprising: receiving, at a check certification computer system from a check issuer computer system of a checking account holder at a payer financial institution, a first payee name and first check information comprising: a first routing number, a first account number, a first check number, and a first dollar amount associated with an issued check; associating the first payee name with the first check information; receiving, at the check certification computer system from a computer system of a payee financial institution, second check information comprising a second routing number, a second account number, a second check number, and a second dollar amount from a received paper check, at least one of the second routing number, the second account number, the second check number, the second dollar amount, or a combination thereof electronically read by a first device at the payee financial institution, and the check certification computer system being independent of the check issuer computer system and the computer system of the payee financial institution; receiving, at the check certification computer system from the payee computer system, a second payee name electronically read from an identification document by a second device at the payee financial institution; determining a variation of the second payee name; identifying the first payee name when the first check information matches the second check information; verifying that the first payee name corresponds to the second payee name when the first payee name matches the second payee name or the first payee name matches the variation of the second payee name; sending, to the computer system of the payee financial institution in response to the verification, a name verification message indicating that the first payee name corresponds to the second payee name; recording, at the check certification computer system, a result of the verification and a time stamp corresponding to the verification, the result and time stamp used to identify fraud when the second check information is received, at a time that is after the time stamp, from a financial institution that is different from the payee financial institution; and receiving, from the computer system of the payee financial institution, a check deposit message indicating that the received paper check has been deposited to a deposit account based on the name verification message, the check deposit message comprising at least a name of an account holder of the deposit account.
Regarding the dependent claims, the patented claims recite similar limitations.
Claims 1-3, 5-10, 12-16 and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,227,286. Although the claims at issue are not identical, they are not patentably distinct from each other because the respective claims are not patently distinguishable, and encompass, with varying scope, the same subject matter.
INSTANT CLAIM(S)
PATENTED CLAIM(S)
1. (Currently Amended) A check certification computer system, comprising: a memory device; and at least one processor coupled to the memory device, the at least one processor being configured: to receive, from a check issuer computer system of a checking account holder at a payer financial institution, a full first payee name independent of one another; to determine whether the second financial account number, the second check number, and the second dollar amount match name name name
1. A check certification computer system, comprising: a memory device; and at least one processor coupled to the memory device, the at least one processor configured: to receive, from a check issuer computer system, a first payee name and first check of a first check, the first check information comprising at least one of a first routing number, a first account number, a first check number, a first dollar amount associated with an issued check, or a combination thereof; to associate the first payee name with the first check information; to receive, from a payee financial institution (PFI) computer system of a PFI, second check information electronically obtained from a second check by a check information capturing device, the check certification computer system, the check issuer computer system and the PFI computer system each being independent from one another, the second check information comprising at least one of a second routing number, a second account number, a second check number, a second dollar amount from a received paper check, or a combination thereof; to receive, from the PFI computer system, a second payee name electronically read from a government issued identification document of a second payee obtained by an identification information capturing device, the second payee name printed on the government issued identification document, written on a magnetic medium of the government issued identification document, or stored in a memory of the government issued identification document, and the government issued identification document being different from the first check and the second check; to compare the first check information with the second check information; to verify the second payee name by comparing the first payee name received from the check issuer computer system to the second payee name electronically read from the government issued identification document of the second payee, the second payee name verified when the first check information matches the second check information; to record a result of the verifying; and to send, to the PFI computer system in response to verifying the second payee name, a name verification message indicating the first payee name corresponds to the second payee name.
8. (Currently Amended) A non-transitory computer readable medium tangibly storing program code on a check certification computer system, the program code comprising: program code to receive, from a check issuer computer system of a checking account holder at a payer financial institution, a full first payee name match name information matching the at least [[the]] first portion of the first payee name name
6. A non-transitory computer readable medium tangibly storing program code on a check certification computer system, the program code comprising: program code to receive, from a check issuer computer system, a first payee name and first check information of a first check, the first check information comprising at least one of a first routing number, a first account number, a first check number, a first dollar amount associated with an issued check, or a combination thereof; program code to associate the first payee name with the first check information; program code to receive, from a payee financial institution (PFI) computer system of a PFI, second check information electronically obtained from a second check by a check information capturing device, the check certification computer system, the check issuer computer system and the PFI computer system each being independent from one another, the second check information comprising at least one of a second routing number, a second account number, a second check number, a second dollar amount from a received paper check, or a combination thereof; program code to receive, from the PFI computer system, a second payee name electronically read from a government issued identification document of a second payee obtained by an identification information capturing device, the second payee name printed on the government issued identification document, written on a magnetic medium of the government issued identification document, or stored in a memory of the government issued identification document, and the government issued identification document being different from the first check and the second check; program code to compare the first check information with the second check information; program code to verify the second payee name by comparing the first payee name received from the check issuer computer system to the second payee name electronically read from the government issued identification document of the second payee, the second payee name verified when the first check information matches the second check information; program code to record a result of the verifying; and program code to send, to the PFI computer system in response to verifying the second payee name, a name verification message indicating the first payee name corresponds to the second payee name.
14. (Currently Amended) A computerized method to verify a check by a check certification computer system, the method comprising: receiving, from a check issuer computer system of a checking account holder at a payer financial institution, a full first payee name system, the check issuer computer system, and the computer system of the payee financial institution being independent of one another; determining whether the second financial account number, the second check number, and the second dollar amount match name name name
11. A method for check verification, comprising: receiving, at a check certification computer system from a check issuer computer system, a first payee name and first check information of a first check, the first check information comprising at least one of a first routing number, a first account number, a first check number, a first dollar amount associated with an issued check, or a combination thereof; associating the first payee name with the first check information; receiving, at the check certification computer system from a payee financial institution (PFI) computer system of a PFI, second check information electronically obtained from a second check by a check information capturing device, the check certification computer system, the check issuer computer system and the PFI computer system each being independent from one another, the second check information comprising at least one of a second routing number, a second account number, a second check number, a second dollar amount from a received paper check, or a combination thereof; receiving, from the PFI computer system, a second payee name electronically read from a government issued identification document of a second payee obtained by an identification information capturing device, the second payee name printed on the government issued identification document, written on a magnetic medium of the government issued identification document, or stored in a memory of the government issued identification document, and the government issued identification document being different from the first check and the second check; comparing the first check information with the second check information; verifying the second payee name by comparing the first payee name received from the check issuer computer system to the second payee name electronically read from the government issued identification document of the second payee, the second payee name verified when the first check information matches the second check information; recording a result of the verifying; and sending, to the PFI computer system in response to verifying the second payee name, a name verification message indicating the first payee name corresponds to the second payee name.
Regarding the dependent claims, the patented claims recite similar limitations.
Applicant’s arguments with respect to claim(s) 1-3, 5-10, 12-16 and 18-20 have been considered but are moot in view of new grounds of rejection in view of the amendments to claims 1, 8 and 14 (e.g. first payee name .
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cole et al. (US 2017/0091873) discloses a system that matches a name in an extracted payee information to a name included in a payee record, and comparing extracted transaction data (e.g. payee information, transaction amount, date and the like) to previous transactions engaged by a payor ([0070], [0071]).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SUEZU ELLIS/Primary Examiner, Art Unit 2876
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