DETAILED ACTION
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 event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
Examiner acknowledges Applicant’s claiming of priority to parent application 18/404,503, now U.S. Patent No. 12,361,460, filed on 1/4/2024.
Examiner acknowledges Applicant’s claiming priority to parent application 17/500,753, now U.S. Patent No. 11,900,428, filed on 10/13/2021.
Examiner acknowledges Applicant’s claiming priority to parent application 15/892,123, now U.S. Patent No. 11,176,585, filed on 2/8/2018.
Examiner acknowledges Applicant’s claiming priority to provisional application 62/490,698, filed on 4/27/2017.
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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Claim 2-3, 13, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 7 of U.S. Patent No. 12,361,460. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the patented claims as demonstrated below.
Instant Application
US PAT 12,361,460
2 and 18. A distributed computer system comprising:
2. A distributed computer system comprising:
a first hardware processor and a first memory device configured to store an order book data structure that includes pending data transaction requests;
a plurality of computing devices that communicate by using an electronic data network, the plurality of computing devices including at least a first computing device, each of the plurality of computing devices including at least one hardware processor;
storing, to a data structure, pending data transaction requests in local memory;
a second hardware processor and a second memory device configured to store a second order book data structure that includes data associated with one or more pending data transaction requests;
a plurality of computing devices that communicate by using an electronic data network, the plurality of computing devices including at least a first computing device, each of the plurality of computing devices including at least one hardware processor;
storing data for at least a second data transaction request;
the first hardware processor configured to execute a first processing instance that includes instruction that cause the first hardware processor to perform first operations comprising:
the first processing instance comprising instructions configured to cause at least one hardware processor of the plurality of computing devices to perform first operations comprising:
receiving, based on messages communicated from client computer systems, a plurality of data transaction requests;
processing a first matching process that has been received;
repeatedly performing a first matching process that uses match values and the stored pending data transaction requests;
processing each of the plurality of data transaction requests and determining, for each data transaction request, whether to perform one of: match processing and secondary data processing, wherein the match processing includes immediately executing match processing to determine whether a processed data transaction request matches against one or more pending data transaction requests in the order book data structure, wherein the secondary data processing includes bypassing the match processing and generating a message for processing by another process, the message including data of the data transaction request being processed;
processing a first data transaction request that has been received, the first data transaction request including at least one attribute;
determining whether to perform, based on reception of the first data transaction request, the first matching processing for the first data transaction request;
based on the determination that the first matching process is not to be performed based on reception of the first data transaction request, sending a first message via the electronic data network, the first message based on the first data transaction request, the first message including the at least one constraint value;
transmitting the generated message away from the first processing instance;
sending a first message via the electronic data network;
the second hardware processor configured to execute a second processing instance that includes instructions that cause the second hardware processor to perform second operations comprising:
the second processing instance comprising instructions to cause at least one hardware processor of the plurality of computing devices to perform second operations comprising:
maintaining, based on received data messages, the second order book data structure that includes data associated with one or more pending data transactions requests;
storing data for at least a second data transaction request;
storing a constraint value based on reception of one or more messages;
obtaining at least one constraint value that is based at least in part on a current state associated with existing pending data transaction requests;
the first message including the at least one constraint value;
receiving, via the electronic data network, the first message that has been communicated from the first matching process;
receiving, from the first processing instance, a message that includes information associated with a data transaction request handled by the first processing instance;
receiving, via the electronic data network, the first message that has been communicated from the first matching process;
based on (i) the information associated with the data transaction request handled by the first processing instance and (ii) the constraint value, identifying, using the second order book data structure and at a private matching value, a match between a first data transaction request and at least one other data transaction request that is represented with the second order book data structure, wherein the private matching value is determined based at least in part on the constraint value and a private attribute that is associated with the first data transaction request;
identifying a match, at a second match value, between the first data transaction request and the second data transaction request, where the second match value is based on the at least one constraint value that was included in the first message;
obtaining at least one constraint value that is based at least in part on a current state associated with existing pending data transaction requests;
based on identification of the match between the first data transaction request and at least on other data transaction request using data of the second order book data structure, transmitting a command to perform execution processing on the first processing instance, the command including at least the private matching value;
based on the identification of the match, sending a second message via the electronic data network, the second message including at least one data value based on the identified match between the first data transaction request and the second data transaction request;
in response to reception of the command, performing a match execution process that is based on the match identified by the second processing instance;
processing the second message and based on performing execution processing in correspondence with the identified match based at least in part on the at least one data value included in the second message;
based on performance of the match execution process and that there is a valid match, causing a match to be executed and causing confirmation message regarding execution of the match to be generated and transmitted to the client computer system.
based on the execution processing, causing a confirmation message to be communicated, the communication message including a reported match value, which is different than the second match value.
3. wherein the message generated as part of the secondary processing includes the constraint value.
1. the first message including the at least one constraint value.
13. as part of the secondary data processing, storing, in the first memory, a reference that indicates a subject data transaction request.
7. in response to reception of the first data transaction request, storing, to the local memory, a reference identifier that acts as a placeholder for the first data transaction request.
Claim 2-3, 13, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-3 of U.S. Patent No. 11,900,428. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the patented claims as demonstrated below.
Instant Application
US PAT 11,900,428
2 and 18. A distributed computer system comprising:
2. A distributed computer system comprising:
a first hardware processor and a first memory device configured to store an order book data structure that includes pending data transaction requests;
a first transaction computer system that includes at least one hardware processor and a first memory device configured to store pending data transaction requests;
a second hardware processor and a second memory device configured to store a second order book data structure that includes data associated with one or more pending data transaction requests;
a second transaction computer that includes at least one hardware processor, a second memory device configured to store at least one private data transaction request;
the first hardware processor configured to execute a first processing instance that includes instruction that cause the first hardware processor to perform first operations comprising:
the first transaction computer comprising instructions that, when executed by the at least one hardware processor of the first transaction computer system, cause the at least one hardware processor of the first transaction computer system to perform first operations comprising:
receiving, based on messages communicated from client computer systems, a plurality of data transaction requests;
receiving, from a first participant, a first data transaction request that includes a first match value;
repeatedly performing a first matching process that uses match values and the stored pending data transaction requests;
processing each of the plurality of data transaction requests and determining, for each data transaction request, whether to perform one of: match processing and secondary data processing, wherein the match processing includes immediately executing match processing to determine whether a processed data transaction request matches against one or more pending data transaction requests in the order book data structure, wherein the secondary data processing includes bypassing the match processing and generating a message for processing by another process, the message including data of the data transaction request being processed;
determining whether to perform, in response to reception of the first data transaction request, the first matching processing for the first data transaction request;
based on the determination that the first matching process is not to be performed in response to reception of the first data transaction request, generating a routing message that is based at least on the constraint value and the first data transaction request and communicating the routing message to the second transaction computer system;
transmitting the generated message away from the first processing instance;
communicating the routing message to the second transaction computer system;
the second hardware processor configured to execute a second processing instance that includes instructions that cause the second hardware processor to perform second operations comprising:
the second transaction computer comprising instructions that, when executed by the at least one hardware processor of the second transaction computer system, cause the at least one hardware processor of the second transaction computer system to perform second operations comprising:
maintaining, based on received data messages, the second order book data structure that includes data associated with one or more pending data transactions requests;
a second memory device configured to store at least one private data transaction request;
storing a constraint value based on reception of one or more messages;
obtaining a constraint value that is based at least in part on a current state associated with existing pending data transaction requests;
a routing message that is based at least on the constraint value;
processing the routing message that has been communicated from the first transaction computer system;
receiving, from the first processing instance, a message that includes information associated with a data transaction request handled by the first processing instance;
processing the routing message that has been communicated from the first transaction computer system;
based on (i) the information associated with the data transaction request handled by the first processing instance and (ii) the constraint value, identifying, using the second order book data structure and at a private matching value, a match between a first data transaction request and at least one other data transaction request that is represented with the second order book data structure, wherein the private matching value is determined based at least in part on the constraint value and a private attribute that is associated with the first data transaction request;
identifying a match, at a second match value, between the first data transaction request and the private data transaction request, where the second match value is based on the constraint value and is different from the first match value;
obtaining at least one constraint value that is based at least in part on a current state associated with existing pending data transaction requests;
based on identification of the match between the first data transaction request and at least on other data transaction request using data of the second order book data structure, transmitting a command to perform execution processing on the first processing instance, the command including at least the private matching value;
based on the identification of the match, communicating a match message back to the first transaction computer;
in response to reception of the command, performing a match execution process that is based on the match identified by the second processing instance;
based on the match message, performing a process that confirms that the match between the first data transaction request and the private data transaction request is valid;
based on performance of the match execution process and that there is a valid match, causing a match to be executed and causing confirmation message regarding execution of the match to be generated and transmitted to the client computer system.
causing a confirmation message to be communicated to the first participant, the confirmation message including a reported match value, which is different from the second match value, which is the match value at which the match occurred between the first data transaction request and the private data transaction request, wherein the confirmation message does not include the second match value.
3. wherein the message generated as part of the secondary processing includes the constraint value.
1. generating a routing message that is based at least on the constraint value and the first data transaction request;
13. as part of the secondary data processing, storing, in the first memory, a reference that indicates a subject data transaction request.
3. in response to reception of the first data transaction request, storing, to the first memory, a reference identifier that acts as a placeholder for the first data transaction request.
Claim 2-3, 13, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 11,176,585. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the patented claims as demonstrated below.
Instant Application
US PAT 11,176,585
2 and 18. A distributed computer system comprising:
2. A distributed computer system comprising:
a first hardware processor and a first memory device configured to store an order book data structure that includes pending data transaction requests;
a first transaction computer system that includes at least one hardware processor and a first memory device configured to store a dual-sorted list of pending data transaction requests;
a second hardware processor and a second memory device configured to store a second order book data structure that includes data associated with one or more pending data transaction requests;
a second transaction computer that includes at least one hardware processor, a second memory device configured to store at least one private data transaction request;
the first hardware processor configured to execute a first processing instance that includes instruction that cause the first hardware processor to perform first operations comprising:
the first transaction computer programmed to:
receiving, based on messages communicated from client computer systems, a plurality of data transaction requests;
receive, from a first client computer system, a first data transaction request that includes a requested price value;
repeatedly perform a first matching process using requested public price values, against pending public data transaction requests stored in the dual-sorted list;
processing each of the plurality of data transaction requests and determining, for each data transaction request, whether to perform one of: match processing and secondary data processing, wherein the match processing includes immediately executing match processing to determine whether a processed data transaction request matches against one or more pending data transaction requests in the order book data structure, wherein the secondary data processing includes bypassing the match processing and generating a message for processing by another process, the message including data of the data transaction request being processed;
determine, for the first data transaction request, whether to perform, in response to reception of the first data transaction request, the first matching processing for the first data transaction request;
based on the determination that the first matching process is not to be performed in response to reception of the first data transaction request, generate a routing message that includes the constraint value and the first data transaction request, and transmit the routing message to the second transaction computer system;
transmitting the generated message away from the first processing instance;
transmit the routing message to the second transaction computer system;
the second hardware processor configured to execute a second processing instance that includes instructions that cause the second hardware processor to perform second operations comprising:
the second transaction computer programmed to:
maintaining, based on received data messages, the second order book data structure that includes data associated with one or more pending data transactions requests;
store at least one private data transaction request;
storing a constraint value based on reception of one or more messages;
obtain a constraint value that is based at least in part on a current state associated with existing pending data transaction requests;
a routing message that includes the constraint value;
receiving, from the first processing instance, a message that includes information associated with a data transaction request handled by the first processing instance;
receive, via the second transceiver, the routing message;
based on (i) the information associated with the data transaction request handled by the first processing instance and (ii) the constraint value, identifying, using the second order book data structure and at a private matching value, a match between a first data transaction request and at least one other data transaction request that is represented with the second order book data structure, wherein the private matching value is determined based at least in part on the constraint value and a private attribute that is associated with the first data transaction request;
identify a match, at a private price value, between the first data transaction request and the private data transaction request, where the private price value is based on the constraint value and is different from the requested price value and the constraint value;
obtain at least one constraint value that is based at least in part on a current state associated with existing pending data transaction requests;
based on identification of the match between the first data transaction request and at least on other data transaction request using data of the second order book data structure, transmitting a command to perform execution processing on the first processing instance, the command including at least the private matching value;
based on the identification of the match, communicate a match message back to the first transaction computer;
in response to reception of the command, performing a match execution process that is based on the match identified by the second processing instance;
in response to reception of the match message, perform a process that confirms that the match between the first data transaction request and the private data transaction request is valid;
based on performance of the match execution process and that there is a valid match, causing a match to be executed and causing confirmation message regarding execution of the match to be generated and transmitted to the client computer system.
generate and transmit, to the first client computer system, a confirmation message that includes a public price value, which is different form the private price value, at which the match occurred between the first data transaction request and the private data transaction request, wherein the confirmation does not include the private price value.
3. wherein the message generated as part of the secondary processing includes the constraint value.
1. generate a routing message that includes the constraint value and the first data transaction request;
13. as part of the secondary data processing, storing, in the first memory, a reference that indicates a subject data transaction request.
2. in response to reception of the first data transaction request, store, to the first memory, a reference identifier that acts as a placeholder for the first data transaction request.
Examiner’s Comment
The claims are allowable over 35 U.S.C. 101 because the claims are directed to specific details of how two computer systems communicate with one another, allowing the second system to determine matches, and uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a computing environment.
Claims Free of Prior Art
Claims 2-21 are determined to have overcome the prior art of rejection and are free of the prior art, however, the claims remain rejected under Double Patenting.
Claims 2-21 are found to overcome the prior art rejection for the reasons as set forth below.
Claim 2 recites the claims features of a distributed computer system comprising:
based on (i) the information associated with the data transaction request handled by the first processing instance and (ii) the constraint value, identifying, using the second order book data structure and at a private matching value, a match between a first data transaction request and at least one other data transaction request that is represented with the second order book data structure, wherein the private matching value is determined based at least in part on the constraint value and a private attribute that is associated with the first data transaction request;
based on identification of the match between the first data transaction request and at least on other data transaction request using data of the second order book data structure, transmitting a command to perform execution processing on the first processing instance, the command including at least the private matching value;
The closest prior art was found to be as follows:
Katsuyama (US 20160078538 A1) discloses [0052] – “a market participant's routing strategy may contain a combination of dark market and lit market routings. In some implementations, an investor and/or broker may include the TLL's check with his/her regular routing process and allow oneself to access the liquidity that is made available by the TLL. For example, a broker and/or investor may utilize the TLL's check before routing aggressive orders to lit markets and any external liquidity destination, including a broker's own pool if one is available. In some implementations, the broker may use the TLL at the broker's own discretion. In some embodiments, as other market participants such as investors and brokers route passive and aggressive order through the TLL, the probability of natural trading participants' orders (for example, participants that are not employing predatory strategies) meeting may increase, and their exposure to predatory strategies reduced”.
While Katsuyama discloses dark markets and concepts of the dark markets, Katsuyama does not disclose where a private matching value is determined based at least in part on the constraint value and a private attribute associated with the first data transaction request.
Walsky (US 20080097893 A1) discloses [0010] – “a first electronic exchange market operating on a first server having a processor, one or more second electronic exchange markets operating on respective second servers having a processor, and an end-user interface operating on a client terminal having a processor, the method comprising the steps of receiving at the first terminal an order that defines a quantity component, a price component, and a routing strategy associated with the order, where the routing strategy contains a stipulation string that includes parameters of predetermined criteria, a first phase order processing in accordance with the predetermined criteria parameters so as to allocate a first order quantity to a crossing location, a second phase order processing so as to allocate a second order quantity to an idle location, where the first order quantity fills substantially immediately and the second order quantity fills when trading begins at the idle location. Further including the steps of evaluating rules of the routing strategy in response to an event message, and modifying the routing strategy execution in response to the results of the evaluating step so as to optimize the order processing on at least one of the crossing location and the idle location”.
While Walsky discloses determining matches between two exchange markets operating a seprate servers, Walsky does not disclose the identifying of a match at a private matching value that is based on the constraint value and a private attribute associated with the data transaction request.
Haynold (US 20180191624 A1) discloses [0060] – “If the match engine identifies one or more suitable previously received but unsatisfied counter orders, they, and the incoming order, are matched to execute a trade there between to at least partially satisfy the quantities of one or both the incoming order or the identified orders. If there remains any residual unsatisfied quantity of the identified one or more orders, those orders are left on the order book with their remaining quantity to await a subsequent suitable counter order, i.e., to rest. If the match engine does not identify a suitable previously received but unsatisfied counter order, or the one or more identified suitable previously received but unsatisfied counter orders are for a lesser quantity than the incoming order, the incoming order is placed on the order book, referred to as “resting”, with original or remaining unsatisfied quantity, to await a subsequently received suitable order counter thereto. The match engine then generates match event data reflecting the result of this matching process”.
While Haynold discloses matching incoming orders with previously received unsatisfied orders, Haynold does not disclose identifying of a match at a private matching value that is based on the constraint value and a private attribute associated with the data transaction request.
Acuna-Rohter (US 20170103461 A1) discloses [0060] – “the second order is routed to a second platform. In certain embodiments the second order may be a second order book. Outstanding (unmatched, wholly unsatisfied/unfilled or partially satisfied/filled) orders are maintained in one or more data structures or databases referred to as “order books,” such orders being referred to as “resting,” and made visible, i.e., their availability for trading is advertised, to the market participants through electronic notifications/broadcasts, referred to as market data feeds. An order book is typically maintained for each product, e.g. instrument, traded on the electronic trading system and generally defines or otherwise represents the state of the market for that product, i.e. the current prices at which the market participants are willing buy or sell that product. In certain embodiments, multiple order books may be maintained for the financial product”.
While Acuna-Rohter discloses matching order between multiple order book, Acuna-Rohter is directed to how orders are routed, and not to a specific matching process, and does not disclose identifying of a match at a private matching value that is based on the constraint value and a private attribute associated with the data transaction request.
PTO-892 Reference U discloses a system of stock exchanges where the buy orders and sell orders are sorted as stock information and are updated in the background system, and matching orders by a matching algorithm. Notably, however, PTO-892 Reference U does not disclose the multiple processing instances or the identifying of a match at a private matching value that is based on the constraint value and a private attribute associated with the data transaction request.
It was found that no references alone or in combination, neither anticipates, reasonable teaches, nor renders obvious the below noted features of Applicant’s invention. The features of claim 1 in combination that overcome the prior art are:
based on (i) the information associated with the data transaction request handled by the first processing instance and (ii) the constraint value, identifying, using the second order book data structure and at a private matching value, a match between a first data transaction request and at least one other data transaction request that is represented with the second order book data structure, wherein the private matching value is determined based at least in part on the constraint value and a private attribute that is associated with the first data transaction request;
based on identification of the match between the first data transaction request and at least on other data transaction request using data of the second order book data structure, transmitting a command to perform execution processing on the first processing instance, the command including at least the private matching value;
Therefore, none of the cited references disclose or render obvious each and every feature of the claimed invention and the claimed invention is determined to be free of the prior art. Although individually the claimed features could be taught, any combination of references would teach the claimed limitations using a piecemeal analysis, since references would only be combined and deemed obvious based on knowledge gleaned from the applicant's disclosure. Such a reconstruction is improper (i.e., hindsight reasoning). See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). The examiner emphasizes that it is the interrelationship of the limitations that renders these claims free of the prior art/additional art.
Therefore, it is hereby asserted by the Examiner that, in light of the above, that claims 2-21 are free of prior art as the references do not anticipate the claims and do not render obvious any further modification of the references to a person of ordinary skill in art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J KANG whose telephone number is (571)272-8069. The examiner can normally be reached Monday - Friday: 8:30am - 7:00pm EST.
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/T.J.K./ Examiner, Art Unit 3689
/VICTORIA E. FRUNZI/ Primary Examiner, Art Unit 3689 7/6/2026
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