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 communication is a Non-Final Office Action rejection on the merits.
Claims 1-20 was originally filed, are currently pending and, have been addressed below.
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 11-13 and 16-20 of U.S. Patent No. 12,475,445 (Michelle S. Olenoski), respectively. The claims at issue are not patentably distinct from each other as shown in bold in the table below.
Patent. No 12/475,445
Present Application:
19/364,531
Examiner’s Notes
1, 13 and 18. A method comprising:
training an unsupervised learning classifier, wherein, after the training, the unsupervised learning classifier is configured to determine classifications indicating merchant groups and/or user groups;
registering, for a user and using one or more computing devices associated with a payment card issuer, a payment card with one or more merchants, wherein registering the payment card comprises:
determining, by the one or more computing devices, based on the unsupervised learning classifier, based on a type of the payment card, and based on information associated with the user, an indication of the one or more merchants;
causing, by the one or more computing devices, display of the indication of the one or more merchants to enable the user to select which of the one or more merchants the payment card issuer is to register the payment card;
receiving, by the one or more computing devices, based on first user input from the user and based on the indication of the one or more merchants, a selection indicating the payment card is to be registered with a first merchant of the one or more merchants;
receiving, by the one or more computing devices and based on second user input from the user, login information for accessing a first merchant account of the user; and causing the one or more computing devices to access, based on the first selection and on communicating with a second computing system of the first merchant, the first merchant account using the first login information;
causing payment card information associated with the payment card to be stored as part of the first merchant account; and
wherein after the payment card is registered with the first merchant and the user is logged into the first website, the user is enabled to initiate a transaction using the payment card information that is stored as part of the first merchant account for the user.
Claim 2, wherein the payment card is associated with a number that is unique to the payment card, wherein the payment card information includes the number.
Claim 3, wherein the payment card is associated with a number that is unique to the payment card, wherein the payment card information includes virtual payment card information that is different from the number.
…From claims 1, 13 and 18, above.
“…determining, based on the unsupervised learning classifier, based on a type of the payment card, and based on information associated with the user, an indication of the one or more merchants…”
Claim 4, determining, for the first merchant, the virtual payment card information, wherein the virtual payment card information is configured to initiate, for the user and the first merchant, the transaction using the payment card; and configuring a payment card issuer account for the user with an indication of the virtual payment card information.
…From claims 1, 13 and 18, above.
“…training an unsupervised learning classifier, wherein, after the training, the unsupervised learning classifier is configured to determine classifications indicating merchant groups and/or user groups
Claim 12, 17 and 20 wherein the training is performed based on a clustering algorithm, an autoencoding algorithm, a feature separation algorithm, or an expectation- maximization algorithm; wherein, after the training, the unsupervised learning classifier is configured to determine classifications indicating the user groups; and wherein determining the indication of the one or more merchants is based on the unsupervised learning classifier indicating a classification of a first user group and further based on a listing of merchants that associates the one or more merchants with the first user group.
Claim 11,16 and 19 wherein the transaction is for the user purchasing an item via the first website at a purchase price, and wherein the method further comprises: after the payment card is registered with the first merchant, sending, to a computing device associated with the user, an indication that the payment card has been registered with the first merchant; and receiving, as part of a process for performing the transaction, an indication of the payment card information; and based on receiving the indication of the payment card information and as part of the process for performing the transaction, charging the purchase price to a payment issuer account for the user.
…From claims 1, 13 and 18, above.
“…registering, for a user and using one or more computing devices associated with a payment card issuer, a payment card with one or more merchants, wherein registering the payment card comprises:”
1, 8 and 15. A method comprising:
determining, by one or more computing devices associated with a payment card issuer and using a machine learning model, an indication of one or more merchants, wherein:
the machine learning model is configured to determine, based on information associated with a user, classifications indicating merchant groups and/or user groups, and
the one or more merchants are associated with a first merchant group and/or first user group;
registering, for the user and using the one or more computing devices, virtual payment card information with a first merchant, wherein registering the virtual payment card information comprises:
receiving, by the one or more computing devices and based on first user input from the user, a selection of the first merchant from the one or more merchants;
receiving, by the one or more computing devices and based on second user input from the user, first login information for accessing, via a second computing system of the first merchant, a first merchant account of the user;
authenticating, using the first login information, with a second computing system of the first merchant;
causing the virtual payment card information to be stored as part of the first merchant account; and
wherein after the virtual payment card information is registered with the first merchant, the user is enabled to initiate a transaction with the first merchant using the virtual payment card information that is stored as part of the first merchant account for the user.
Claims 2, 9 and 16, wherein: the virtual payment card information is associated with a payment card of the user.
Claims 3, 10 and 17, wherein determining the one or more merchants is further based on a type of the payment card.
Claim 4, wherein registering the virtual payment card information further comprises: configuring a payment card issuer account for the user with an indication of the virtual payment card information.
Claim 5, 12 and 19, wherein the machine learning model is an unsupervised learning classifier.
Claims 6 and 13. The method of claim 1, wherein the machine learning model is trained based on a clustering algorithm, an autoencoding algorithm, a feature separation algorithm, or an expectation-maximization algorithm.
Claims 7, 11, 14 and 20, wherein the transaction is for the user purchasing an item via the first merchant account at a purchase price, and wherein the method further comprises: receiving, at the one or more computing devices and as part of a process for performing the transaction, an indication of the virtual payment card information; and based on receiving the indication of the virtual payment card information and as part of the process for performing the transaction, charging the purchase price to a payment issuer account for the user.
Claim 18, further cause the computing device to register the virtual payment card information by: configuring a payment card issuer account for the user with an indication of the virtual payment card information.
This preamble is essentially the same.
This limitation is essentially the same, as the virtual payment card is a payment card.
This limitation is essentially the same.
This limitations are essentially the same, combinedly.
This limitation is essentially the same.
This limitation is essentially the same.
This limitations are essentially the same, combinedly.
This limitation is essentially the same.
This limitation is essentially the same.
This limitation is essentially the same.
This limitation is essentially the same.
This limitation is essentially the same
This limitation is essentially the same
Prior Art Analysis
This application contains Allowable subject matter that is Allowable in the parent application 18503218, with Patent. No 12/475,445.
Examiner is unable to find prior art for the following limitations:
“receiving, by the one or more computing devices and based on second user input from the user, first login information for accessing, via a second computing system of the first merchant, a first merchant account of the user;”
Therefore, with the filing of a Terminal Disclaimer, as there is no other rejection in this application, for this application will be Allowed.
Conclusion
The prior art made of record and not relied upon:
1) (US 20140214654 A1) – Greenbaum et al., Payment Information Technologies - relates generally to a method includes maintaining first payment card information for a cardholder. The method includes processing a first card not present transaction between the cardholder and a merchant.
2) (US Pat. 11270312 B1) – Nicole S. Jass, Systems and methods for computing and applying consumer value scores to electronic transactions – relates generally to the field of electronic transactions and, more particularly, to systems and methods for generating consumer analytics and scoring of electronic transactions.
3) (US 20190279178 A1) – Gupta et al., Systems, Methods and Computer Program Products for Automated Bill Payment - relate to electronic payment transactions. In particular, the invention provides systems, methods and computer program products for automated electronic payments in connection with goods or services received from one or more merchants.
4) (US 20210065156 A1) – Kadiwala et al., Methods and Systems for Enhancing Online Payment Transaction Experience relates to electronic payment transactions and, more particularly to, methods and systems for creating a floating payment card view for entering payment card information on a merchant interface and thereby enhancing user experience of online payment transaction.
5) (US Pat. 8103615 B2) – Fogel et al., Intelligently Interactive Profiling System and Method - relates to identifying at least one property of data. More particularly, the invention concerns an intelligently interactive system for identifying at least one property of data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT IDIAKE whose telephone number is (571)272-1284. The examiner can normally be reached on Mon-Fri from 10:30AM to 7:30PM ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PATRICK MCATEE, can be reached at telephone number (571)272-7575. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.I./Examiner, Art Unit 3698
/PATRICK MCATEE/Supervisory Patent Examiner, Art Unit 3698
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