Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
1. The following is a non-final, First Office Action on the merits. Claim 1-20 are pending.
Double Patenting
2. Claims 1, 7 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over claims 1 and 7 of U.S. Patent 12,586,098 B2. Also, claims 1, 7 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over claims 1 and 7 of U.S. Patent 12,175,489 B2. Further, 1, 7 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over claim 1 of U.S. Patent 11, 348,133 B1.
In addition, dependent claims 2; 3; 4; 5; 6; {8,16}; {9,17}; {10,18}; {11,9}; 12; 13; and {14,20} are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over claims 2; 3; 4; 5; 6; 8; 9; 10; 11; 13 and 14 of U.S. Patent 12,586,098 B2.
Furthermore, dependent claims 2; 3; 4; 5; 6; {8,16}; {9,17}; {10,18}; {11,9}; and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over claims 2; 3; 4; 5; 6; 8; 9; 10; 11 and 12 of U.S. Patent 12,175,489 B2:
Instant Application: 19/531,999
Patent 12,586,098 B2
Patent US 12,175,489 B2
Patent US 11,348,133 B1
Claims 1, 7 and 15: A system for providing rewards amounts comprising:
a point-of-sale device comprising a barcode reader configured to read barcodes on products of a merchant;
a computer system of a financial institution comprising a processor for executing computer-executable instructions stored in a memory, wherein the computer system is configured to manage an account, associated with a customer, and configured to execute debit transactions, and an outstanding debt associated with the customer;
a communication interface adapted to receive financial transaction information over a communication network, wherein the financial transaction information is associated with the barcodes on the products of the merchant; and the computer-executable instructions for performing steps comprising:
(a) receiving, through the communication interface, information relating to a first base financial transaction associated with the account;
(b) receiving, through the communication interface, information relating to a second base financial transaction associated with the account;
(c) calculating, using the processor, an aggregate savings amount based at least on the first and the second base financial transactions;
(d) determining that the account has sufficient funds to cover the aggregate savings amount;
(e) responsive to determining that sufficient funds are available to cover the aggregate savings amount, debiting the aggregate savings amount from the account and crediting, using a credit generating system in communication with the computer system, the aggregate savings amount against the outstanding debt;
(f) calculating a number of the first base financial transaction and the second base financial transaction for products between the customer and a designated merchant;
(g) calculating a rewards amount based on the calculated number from step (f); and
(h) crediting the rewards amount in the account,
wherein a computational load on the point-of-sale device is reduced because the calculating of the rewards amount is distributed to the computer system.
2. The system of claim 1, wherein the rewards amount is provided by the financial institution.
3. The system of claim 1, further comprising: (i) waiving a fee associated with the account based on a dollar amount of financial transactions by the customer in a fixed period of time.
4. The system of claim 1, further including an incentive engine storing computer-executable instructions configured to monitor a dollar amount of financial transactions by the customer and to increase the rewards amount if the dollar amount of financial transactions exceeds a predetermined value in a fixed period of time.
5. The system of claim 1, wherein the credit generating system comprises an electronic processor configured to execute additional computer-executable instructions stored in one or more memories, and the one or more memories is configured to store business rules, where the business rules indicate that the crediting the aggregate savings amount is applied to principal of the outstanding debt.
6. The system of claim 1, where the credit generating system comprises one or more memories configured to store business rules that indicate that the crediting the aggregate savings amount is first applied to interest of the outstanding debt.
8 and 16. The system of claims 7 and 15, wherein a portion of the rewards amount is provided by the financial institution.
9 and 17. The system of claims 7 and 15, wherein the rewards amount comprises a predetermined amount for each of the number of financial transactions between the customer and the designated merchant.
10 and 18. The system of claims 7 and 15, wherein the designated merchant is one of a predetermined plurality of merchants that credit rewards amounts to the second account of the customer.
11 and 19. The system of claims 7 and 15, further comprising: (i) waiving a fee associated with at least one of the first account and the second account based on the number of financial transactions between the customer and the designated merchant in a fixed period of time.
12. The system of claim 7, further including an incentive engine storing computer-executable instructions configured to modify the rewards amount.
13. The system of claim 12, wherein the incentive engine is further configured to monitor the number of financial transactions between the customer and the designated merchant and to increase the rewards amount if the number of financial transactions exceeds a predetermined value in a fixed period of time.
14 and 20. The system of claims 7 and 15, further including a credit generating system storing business rules for crediting the aggregate savings amount.
Claims 1 and 7: A system for providing rewards amounts comprising:
a point-of-sale device comprising a barcode reader configured to read barcodes on products of a merchant;
a computer system of a financial institution comprising a processor for executing computer-executable instructions stored in a memory, wherein the computer system is configured to manage an account, associated with a customer, and configured to execute debit transactions, and an outstanding debt associated with the customer;
a communication interface adapted to receive financial transaction information over a communication network, wherein the financial transaction information is associated with the barcodes on the products of the merchant; and the computer-executable instructions for performing steps comprising:
(a) receiving, through the communication interface, information relating to a first base financial transaction associated with the account;
(b) receiving, through the communication interface, information relating to a second base financial transaction associated with the account;
(c) periodically calculating, using the processor, an aggregate savings amount based at least on the first and the second base financial transactions;
(d) determining that the account has sufficient funds to cover the aggregate savings amount;
(e) responsive to determining that sufficient funds are available to cover the aggregate savings amount, debiting the aggregate savings amount from the account and crediting, using a credit generating system in communication with the computer system, the aggregate savings amount against the outstanding debt;
(f) calculating a number of the first base financial transaction and the second base financial transaction for products between the customer and a designated merchant;
(g) periodically calculating a rewards amount based on the calculated number from step (f);
(h) updating the rewards amount by increasing the rewards amount when the number of the first and the second base financial transactions between the customer and the designated merchant exceeds a predetermined value; and
(i) crediting the updated rewards amount in the account,
wherein a computational load on the point-of-sale device is reduced because the calculating of the rewards amount is distributed to the computer system.
2. The system of claim 1, wherein the rewards amount is provided by the financial institution.
3. The system of claim 1, further comprising: (j) waiving a fee associated with the account based on a dollar amount of financial transactions by the customer in a fixed period of time.
4. The system of claim 1, further including an incentive engine storing computer-executable instructions configured to monitor a dollar amount of financial transactions by the customer and to increase the rewards amount if the dollar amount of financial transactions exceeds a predetermined value in a fixed period of time.
5. The system of claim 1, wherein the credit generating system comprises an electronic processor configured to execute additional computer-executable instructions stored in one or more memories, and the one or more memories is configured to store business rules, where the business rules indicate that the crediting the aggregate savings amount is applied to principal of the outstanding debt.
6. The system of claim 1, where the credit generating system comprises one or more memories configured to store business rules that indicate that the crediting the aggregate savings amount is first applied to interest of the outstanding debt.
8. The system of claim 7, wherein a remaining portion of the rewards amount is provided by the financial institution.
9. The system of claim 7, wherein the rewards amount comprises a predetermined amount for each of the number of financial transactions between the customer and the designated merchant.
10. The system of claim 7, wherein the designated merchant is one of a predetermined plurality of merchants that credit rewards amounts to the second account of the customer.
11. The system of claim 7, further comprising: (j) waiving a fee associated with at least one of the first account and the second account based on the number of financial transactions between the customer and the designated merchant in a fixed period of time.
12. The system of claim 7, further including an incentive engine storing computer-executable instructions configured to modify the rewards amount.
13. The system of claim 12, wherein the incentive engine is further configured to monitor the number of financial transactions between the customer and the designated merchant and to increase the rewards amount if the number of financial transactions exceeds a predetermined value in a fixed period of time.
14. The system of claim 7, further including a credit generating system storing business rules for crediting the aggregate savings amount.
Claims 1 and 7: A system for providing rewards amounts comprising:
a point-of-sale device comprising a barcode reader configured to read barcodes on products of a merchant;
a computer system of a financial institution comprising a processor for executing computer executable instructions stored in a memory, where the computer system is configured to manage a checking account associated with a customer capable of executing debit transactions and an outstanding debt associated with the customer;
a communication interface adapted to receive financial transaction information over a communication network, wherein the financial transaction information is associated with the barcodes on the products of the merchant; and the computer-executable instructions for performing steps comprising:
(a) receiving, through the communication interface, information relating to a first base financial transaction associated with the checking account;
(b) if the checking account has sufficient funds to cover the first base financial transaction, debiting the checking account by amount of the first base financial transaction;
(c) receiving, through the communication interface, information relating to a second base financial transaction associated with the checking account;
(d) if the checking account has sufficient funds to cover the second base financial transaction, debiting the checking account by amount of the second base financial transaction;
(e) periodically calculating using the processor an aggregate savings amount based at least on the first and the second base financial transactions;
(f) determining if the checking account has sufficient funds to cover the aggregate savings amount;
(g) if sufficient funds are available to cover the aggregate savings amount, debiting the aggregate savings amount from the checking account and crediting, using a credit generating system in communication with the computer system, the aggregate savings amount against the outstanding debt; and
(h) if insufficient funds are available to cover the aggregate savings amount, bypassing the debiting of the aggregate savings amount from the checking account and the crediting of the aggregate savings amount, while still having performed at least one of the steps (b) and (d);
(i) calculating a number of the first base financial transaction and the second base financial transaction for products between the customer and a designated merchant;
(j) periodically calculating a rewards amount based on the calculated number from step (i);
(k) updating the rewards amount by increasing the rewards amount when the number of the first and the second base financial transactions between the customer and the designated merchant exceeds a predetermined value, and where the designated merchant is one of a predetermined plurality of merchants that credit a reward to the customer; and
(l) crediting the updated rewards amount in the checking account;
wherein a computational load on the point-of-sale device is reduced because the calculating of the rewards amount is distributed to the computer system.
2. The system of claim 1, where the rewards amount is provided by the financial institution.
3. The system of claim 1, further comprising: (k) waiving a fee associated with the checking account based on a dollar amount of financial transactions by the customer in a fixed period of time.
4. The system of claim 1, where the computer-executable instructions include an incentive engine configured to monitor a dollar amount of financial transactions by the customer and to increase the rewards amount if the dollar amount of financial transactions exceeds a predetermined value in a fixed period of time.
5. The system of claim 1, where the credit generating system comprises an electronic processor configured to execute computer-executable instructions stored in one or more memories, and the one or more memories is configured to store business rules, where the business rules indicate that the crediting the aggregate saving amount is applied to principal of the outstanding debt.
6. The system of claim 1, where the credit generating system comprises one or more memories configured to store business rules that indicate that the crediting the aggregate saving amount is first applied to interest of the outstanding debt.
8. The system of claim 7, where a remaining portion of the rewards amount is provided by the financial institution.
9. The system of claim 7, where the rewards amount comprises a predetermined amount for each of the number of financial transactions between the customer and the designated merchant.
10. The system of claim 7, where the designated merchant is one of a predetermined plurality of merchants that credit a rewards amount to the savings account of the customer.
11. The system of claim 7, further comprising: (m) waiving a fee associated with at least one of the checking account and the savings account based on the number of financial transactions between the customer and the designated merchant in a fixed period of time.
12. The system of claim 7, where the computer-executable instructions include an incentive engine configured to monitor the number of financial transactions between the customer and the designated merchant and to increase the rewards amount if the number of financial transactions exceeds a predetermined value in a fixed period of time.
Claim 1: A system for distributing and deferring computational load on point-of-sale devices that are involved with providing rewards amounts, the system comprising:
a first point-of-sale device comprising a first barcode reader configured to read barcodes on products of a designated merchant, wherein the first point-of-sale device is configured to transmit information relating to a first base financial transaction associated with a checking account and relating to a transaction for at least a first product between a customer and the designated merchant, wherein the information relating to the first base financial transaction is associated with a merchant type code; a second point-of-sale device comprising a second barcode reader configured to read barcodes on products of the designated merchant and an electronic cash register configured to transmit at least information relating to a second base financial transaction associated with the checking account and relating to a transaction for at least a second product between the customer and the designated merchant, wherein the information relating to the second base financial transaction is associated with the merchant type code; a communication network communicatively coupling at least the first point-of-sale device and the second point-of-sale device with a computer server of a financial institution, wherein the checking account is associated with the customer capable of executing debit transactions, and wherein a savings account is associated with the customer; and a memory of the computer server of the financial institution storing computer-executable instructions, that when executed by a processor of the computer server, cause the computer server to perform steps comprising:
(a) receiving, at the financial institution, the information relating to the first base financial transaction associated with the checking account and relating to the transaction for at least the first product between the customer and the designated merchant;
(b) determining that the checking account has sufficient funds to cover the first base financial transaction, and debiting the checking account by amount of the first base financial transaction;
(c) receiving, at the financial institution, information relating to the second base financial transaction associated with the checking account and relating to the transaction for at least the second product between the customer and the designated merchant;
(d) determining that the checking account has sufficient funds to cover the second base financial transaction, and debiting the checking account by amount of the second base financial transaction;
(e) periodically calculating at the financial institution an aggregate savings amount based at least on the first base financial transaction;
(f) determining that the checking account has sufficient funds to cover the aggregate savings amount;
(g) if sufficient funds are available to cover the aggregate savings amount, debiting the aggregate savings amount from the checking account and crediting the aggregate savings amount in the savings account;
(h) if inadequate funds are available to cover the aggregate savings amount, bypassing the debiting of the aggregate savings amount from the checking account and the crediting of the aggregate savings amount in the savings account, while still having performed at least one of the steps (b) and (d);
(i) monitoring at least a number of the first base financial transactions and the second base financial transactions relating to transactions for products between the customer and the designated merchant;
(j) periodically calculating a rewards amount based on the number of the first base financial transactions and second base financial transactions between the customer and the designated merchant and based on the merchant type code, where the first base financial transaction is associated with the merchant type code;
(k) generating an updated rewards amount by increasing the rewards amount when the number of the first and the second base financial transactions between the customer and the designated merchant that are associated with the merchant type code exceeds a predetermined value, and where the designated merchant is one of a predetermined plurality of merchants that credit a reward to the savings account of the customer;
(l) crediting the updated rewards amount in the savings account; and
(m) waiving a fee associated with at least one of the checking account and the savings account based on the number of financial transactions between the customer and the designated merchant in a fixed period of time;
wherein the computational load on the first point-of-sale device is reduced because the calculation of the rewards amount is distributed to the computer server, and wherein the computational load on the second point-of-sale device is reduced because the calculation of the rewards amount is deferred to the computer server.
In summary, claims 1 and 7 of U.S. Patent 12,586,098 B2 teach all the features of claims 1, 7 and 15 of the instant application as indicated in the table above. Although claims 1 and 7 of U.S. Patent 12,586,098 B2 has additional features (bold limitations above) such as {(h) updating the rewards amount by increasing the rewards amount when the number of the first and the second base financial transactions between the customer and the designated merchant exceeds a predetermined value;}; however, it has been held that deleting elements when the function of element is not desired is obvious. See MPEP 2144.04 Section II. Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify or to omit the additional elements of claims 1 and 7 of U.S. Patent 12,586,098 B2 the to arrive at the claims 1, 7 and 15 of the instant application because the person of ordinary skill would have realized that the remaining element would perform the same functions as before. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U. S. Court of Customs and Patent Appeals.
Also, dependent 2; 3; 4; 5; 6; 8; 9; 10; 11; 13 and 14 of U.S. Patent 12,586,098 B2 respectively teach all the features of dependent claims 2; 3; 4; 5; 6; {8,16}; {9,17}; {10,18}; {11,9}; 12; 13; and {14,20} of the instant application as indicated in the table above.
Similarly, claims 1 and 7 of U.S. Patent 12,175,489 B2 teach all the features of claims 1, 7 and 15 of the instant application as indicated in the table above. Although claims 1 and 7 of U.S. Patent 12,175,489 B2 has additional features (bold limitations above) such as {e.g., (b) if the checking account has sufficient funds to cover the first base financial transaction, debiting the checking account by amount of the first base financial transaction; (d) if the checking account has sufficient funds to cover the second base financial transaction, debiting the checking account by amount of the second base financial transaction; and (h) if insufficient funds are available to cover the aggregate savings amount, bypassing the debiting of the aggregate savings amount from the checking account and the crediting of the aggregate savings amount, while still having performed at least one of the steps (b) and (d) and (k) updating the rewards amount by increasing the rewards amount when the number of the first and the second base financial transactions between the customer and the designated merchant exceeds a predetermined value, and where the designated merchant is one of a predetermined plurality of merchants that credit a reward to the customer}; however, it has been held that deleting elements when the function of element is not desired is obvious. See MPEP 2144.04 Section II. Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify or to omit the additional elements of claims 1 and 7 of U.S. Patent 12,175,489 B2 the to arrive at the claims 1, 7 and 15 of the instant application because the person of ordinary skill would have realized that the remaining element would perform the same functions as before. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U. S. Court of Customs and Patent Appeals.
Also, dependent claims 2; 3; 4; 5; 6; 8; 9; 10; 11 and 12 of U.S. Patent 12,175,489 B2 respectively teach all the features of dependent claims 2; 3; 4; 5; 6; {8,16}; {9,17}; {10,18}; {11,9}; and 13 of the instant application as indicated in the table above.
Similarly, claim 1 of U.S. Patent 11, 348,133 B1 teach all the features of claims 1, 7 and 15 of the instant application as indicated in the table above. Although claim 1 of U.S. Patent 11, 348,133 B1 has additional features (bold limitations above) such as {e.g., wherein the first point-of-sale device is configured to transmit information relating to a first base financial transaction associated with a checking account and relating to a transaction for at least a first product between a customer and the designated merchant, wherein the information relating to the first base financial transaction is associated with a merchant type code; a second point-of-sale device comprising a second barcode reader configured to read barcodes on products of the designated merchant and an electronic cash register configured to transmit at least information relating to a second base financial transaction associated with the checking account and relating to a transaction for at least a second product between the customer and the designated merchant, wherein the information relating to the second base financial transaction is associated with the merchant type code; a communication network communicatively coupling at least the first point-of-sale device and the second point-of-sale device with a computer server of a financial institution….; (h) if inadequate funds are available to cover the aggregate savings amount, bypassing the debiting of the aggregate savings amount from the checking account and the crediting of the aggregate savings amount in the savings account, while still having performed at least one of the steps (b) and (d); (i) monitoring at least a number of the first base financial transactions and the second base financial transactions relating to transactions for products between the customer and the designated merchant; (j) periodically calculating a rewards amount based on the merchant type code, where the first base financial transaction is associated with the merchant type code; and (m) waiving a fee associated with at least one of the checking account and the savings account based on the number of financial transactions between the customer and the designated merchant in a fixed period of time;…wherein the computational load on the second point-of-sale device is reduced because the calculation of the rewards amount is deferred to the computer server}; however, it has been held that deleting elements when the function of element is not desired is obvious. See MPEP 2144.04 Section II. Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify or to omit the additional elements of claims claim 1 of U.S. Patent 11, 348,133 B1 the to arrive at the claims 1, 7 and 15 of the instant application because the person of ordinary skill would have realized that the remaining element would perform the same functions as before. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U. S. Court of Customs and Patent Appeals.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claim Rejections - 35 USC § 102
3. The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
4. Claims 1-2, 7-9, 14-17 and 20 are rejected under 35 U.S.C 102(a) as being anticipated by Carretta et al; (US 20070033134 A1):
5. Independent claim 1: Carretta teaches a system for providing rewards amounts comprising:
a point-of-sale device comprising a barcode reader configured to read barcodes on products of a merchant {At least fig. 1 para 0014};
a computer system of a financial institution comprising a processor for executing computer-executable instructions stored in a memory, wherein the computer system is configured to manage an account, associated with a customer, and configured to execute debit transactions, and an outstanding debt associated with the customer {At least fig. 1 paras 0013-0016 in context with figs 2-3 paras 0017-0032};
a communication interface adapted to receive financial transaction information over a communication network, wherein the financial transaction information is associated with the barcodes on the products of the merchant {At least fig. 1 especially para 0016}; and the computer-executable instructions for performing steps {At least fig. 1 para 0016} comprising:
receiving, through the communication interface, information relating to a first
base financial transaction associated with the account (e.g., source account as shown in fig 2 paras 0019-020, 0026) {At least figs. 3-4 paras 0025-0038 in context with fig. 2 paras 0019-020, 0026};
(b) receiving, through the communication interface (server 16 as shown in fig 1 paras 0016, 0025), information relating to a second base financial transaction associated with the account (e.g., source account as shown in fig 2 paras 0019-020, 0026) {At least figs. 3-4 paras 0025-0038 especially paras 0030-0031 indicate the round up amount (or other savings amount) for each eligible debit transaction is determined. This occurs on a daily basis. All round up amounts are aggregated. The Examiner interprets there must be multiple (second…etc.,) base financial transactions associated with the checking account are received in order for server 16 (financial institution) to calculate/determine the round up amount for each eligible debit transaction};
(c) calculating, using the processor, an aggregate savings amount based at least on the first and the second base financial transactions {At least figs 3-4 paras 0025-0038 especially para 0031};
(d) determining that the account has sufficient funds to cover the aggregate savings amount {At least figs 3-4 paras 0025-0038 especially para 0032};
(e) responsive to determining that sufficient funds are available to cover the aggregate savings amount, debiting the aggregate savings amount from the account and crediting, using a credit generating system in communication with the computer system, the aggregate savings amount against the outstanding debt {At least figs 3-4 paras 0025-0038 especially para 0032-0037 in context with fig. 2 paras 0019-0022};
(f) calculating a number of the first base financial transaction and the second base financial transaction for products between the customer and a designated merchant (At least figs. 3-4 paras 0025-0038 especially paras 0030-0031 indicate the round up amount (or other savings amount) for each eligible debit transaction is determined. This occurs on a daily basis. All round up amounts are aggregated from multiple transactions/first, second.., third financial transactions. At least fig. 5 paras 0039-0044 especially para 0039, see bank/financial institution can offer match the round up (matching incentive/reward) such as every 10th transaction, $0.05 for every transaction, etc., in context with fig. 3 paras 0030-0032. These paras construe a number of a first transaction and the second transaction for products between the customer and a merchant is calculated};
(g) calculating a rewards (e.g., matching incentive) amount based on the calculated number (At least figs. 3-4 paras 0025-0038 especially paras 0030-0031 indicate the round up amount (or other savings amount) for each eligible debit transaction is determined. This occurs on a daily basis. All round up amounts are aggregated from multiple transactions/first, second.., third financial transactions) from step (f) {At least fig. 5 paras 0039-0044 especially para 0039, see bank/financial institution can offer match the round up (matching incentive/reward) such as every 10th transaction, $0.05 for every transaction, etc., in context with fig. 3 paras 0030-0032). The Examiner interprets since the matching incentive/reward is $0.05 per transaction then the rewards amount would increase when the number of financial transactions (e.g., first, second.., third financial transactions…etc.,) increased}; and
(h) crediting the rewards amount in the account (recipient account) {At least fig. 5 paras 0039-0044 especially para 0042},
wherein a computational load on the point-of-sale device is reduced because the calculating of the rewards amount is distributed to the computer system {Carretta further teaches the end result of “wherein the computational load on the point-of-sale device is reduced because the calculation of the rewards amount is distributed to the computer system” in claim 1 because the Office respectively submits that this mentioned limitation of “wherein the computational load on………. is distributed to the computer system " is merely the end result of the prior steps/limitations in claim 1. Since Carretta discloses all the prior steps/limitations of {a computer system of a financial institution….; the computer-executable instructions, which when executed by the processor, cause the computer system to perform steps comprising: a) receiving…., b) receiving…, c) calculating…., d) determining…., e) responsive to determining…., debiting...…, f) calculating.…., g) calculating…….; h) crediting…..}, this would automatically resulting in “wherein the computational load on………. is distributed to the computer system "}.
6. Independent claims 7 and 15: Carretta teaches a system for distributing computational load on a point-of-sale device that is involved with providing rewards amounts comprising:
the point-of-sale device comprising a barcode reader configured to read barcodes on products of at least a designated merchant {At least fig. 1 para 0014};
a first account (e.g., source account as shown in fig 2 paras 0019-020, 0026) associated with a customer and configured to execute debit transactions {At least fig. 1 paras 0013-0016 in context with figs 2-3 paras 0017-0032};
a second account (e.g., recipient account in paras 0021-0022, fig. 2) associated with the customer {At least fig., 2 especially paras 0021-0022};
a financial account associated with the designated merchant {Fig. 1 para 0014 in context with fig. 5 paras 0039-0042};
a communication interface (server 16 as shown in fig 1 para 0016) adapted to receive financial transaction information over a communication network, wherein the financial transaction information is associated with the barcodes on the products of the at least the designated merchant {At least fig. 1 para 0016 in context with fig. 2-5 paras 0018-0042}; computer-executable instructions {At least fig. 1 paras 0013-0016 in context with figs 2-3 paras 0017-0032} for performing steps comprising:
(a) receiving, at a financial institution (server 16 as shown in fig 1 paras 0016, 0025), information relating to a first base financial transaction associated with the first account and relating to a transaction for at least one of goods and services between the customer and the designated merchant {At least figs. 3-4 paras 0025-0038 in context with fig. 2 paras 0019-0020, 0026};
(b) receiving, at the financial institution (server 16 as shown in fig 1 paras 0016, 0025), information relating to a second base financial transaction associated with the first account (e.g., source account as shown in fig 2 paras 0019-020, 0026) {At least figs. 3-4 paras 0025-0038 especially paras 0030-0031 indicate the round up amount (or other savings amount) for each eligible debit transaction is determined. This occurs on a daily basis. All round up amounts are aggregated. The Examiner interprets there must be multiple (second…etc.,) base financial transactions associated with the checking account are received in order for server 16 (financial institution) to calculate/determine the round up amount for each eligible debit transaction};
(c) calculating, at the financial institution an aggregate savings amount based at least on the first and the second base financial transactions {At least figs 3-4 paras 0025-0038 especially para 0031};
(d) determining that the first account has sufficient funds to cover the aggregate savings amount {At least figs 3-4 paras 0025-0038 especially para 0032};
(e) responsive to determining that sufficient funds are available to cover the aggregate savings amount, debiting the aggregate savings amount from the first account and crediting the aggregate savings amount in the second account (recipient account shown in para 0021-0022 fig 2) {At least figs 3-4 paras 0025-0038 especially para 0032-0037};
(f) calculating a number of financial transactions between the customer and the designated merchant {At least figs. 3-4 paras 0025-0038 especially paras 0030-0031 indicate the round up amount (or other savings amount) for each eligible debit transaction is determined. This occurs on a daily basis. All round up amounts are aggregated from multiple transactions/first, second.., third financial transactions. At least fig. 5 paras 0039-0044 especially para 0039, see bank/financial institution can offer match the round up (matching incentive/reward) such as every 10th transaction, $0.05 for every transaction, etc., in context with fig. 3 paras 0030-0032. These paras construe a number of a first transaction and the second transaction for products between the customer and a merchant is calculated};
(g) calculating a rewards amount (e.g., matching incentive) based on the number (At least figs. 3-4 paras 0025-0038 especially paras 0030-0031 indicate the round up amount (or other savings amount) for each eligible debit transaction is determined. This occurs on a daily basis. All round up amounts are aggregated from multiple transactions/first, second.., third financial transactions) of financial transactions between the customer and the designated merchant {At least fig. 5 paras 0039-0044 especially para 0039, see bank/financial institution can offer match the round up (matching incentive/reward) such as every 10th transaction, $0.05 for every transaction, etc., in context with fig. 3 paras 0030-0032). The Examiner interprets since the matching incentive/reward is $0.05 per transaction then the rewards amount would increase when the number of financial transactions (e.g., first, second.., third financial transactions…etc.,) increased}; and
(h) crediting the rewards amount in the second account (e.g., recipient account in paras 0021-0022, fig. 2), wherein at least a portion of the rewards amount is debited from the financial account of the designated merchant {At least fig. 5 paras 0039-0044 especially para 0042. The Examiner notes the limitation “debited from the designated merchant’s account is given no patentable weight since “debited” is not positively recited in the claim};
a processor for executing the computer-executable instructions {At least figs. 1-2 paras 0016-0017}.; and
a memory for storing at least the computer-executable instructions {At least figs. 1-2 paras 0016-0017},
wherein the computational load on the point-of-sale device is reduced because the calculation of the rewards amount is distributed to the processor {Carretta further teaches the end result of “wherein the computational load on the point-of-sale device is reduced because the calculation of the rewards amount is distributed to the processor” in claims 7 and 15 because the Office respectively submits that this mentioned limitation of “wherein the computational load on………. is distributed to the processor " is merely the end result of the prior steps/limitations in claims 7 and 15. Since Carretta discloses all the prior steps/limitations of {a computer system of a financial institution….; the computer-executable instructions, which when executed by the processor, cause the computer system to perform steps comprising: a) receiving…., b) receiving…, c) calculating…., d) determining…., e) responsive to determining…., debiting...…, f) calculating.…., g) calculating…….; h) crediting…..}, this would automatically resulting in “wherein the computational load on the point-of-sale device is reduced because the calculation of the rewards amount is distributed to the processor "}..
7. Claims 2, 8 and 16: Carretta teaches the claimed invention as in claims 1, 7 and 15 respectively. Carretta further teaches where the rewards amount is provided by the financial institution {Carretta: Fig. 5, paras 0039-0043 in context with para 0016 fig. 1}.
8. Claim 9 and 17: Carretta teaches the claimed invention as in claims 7 and 15 respectively. Carretta further teaches where the rewards amount comprises a predetermined amount for each of the number of financial transactions between the customer and the designated merchant {Carretta: Fig. 5 paras 0039-0043 especially para 0039}.
9. Claims 14 and 20: Carretta teaches the claimed invention as in claims 7 and 15 respectively. Carretta further teaches a credit generating system storing business rules for crediting the aggregate saving amount {At least fig. 5 paras 0039-0042 in context with fig. 2 paras 0017-0023}.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
10. Claim 3 is rejected under 35 U.S.C. 103(a) as being unpatentable over Carretta et al; (US 2007/0033134 A1) in view of Turner et al; (US 2003/0033231 A1):
11. Claim 3: Carretta further teaches matching incentive and transfer rewards to the user saving account/second account (recipient account in paras 0021-0022, fig. 2) based on the number of financial transactions by the customer in a fixed period of time {At least fig. 5 especially paras 0039-0042}. However, Carretta does not explicitly teach the underlined features: “(i) waiving a fee associated with the account based on a dollar amount of financial
transactions by the customer in a fixed period of time”.
Turner teaches a general concept of waiving a fee associated with an account based on a dollar amount of financial transactions by a customer in a fixed period of time {At least para 0068}.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing day of the invention to modify “matching incentive and transfer rewards to the user saving account/second account based on the number of financial transactions by the customer in a fixed period of time” of Carretta to include “waiving a fee associated with an account based on a dollar amount of financial transactions by a customer in a fixed period of time”, taught by Turner. One would be motivated to do this in order to enrich the reward options (e.g., waive the fee…) that are provided to the user/customer. This in turn would enhance the user/customer’s satisfaction and experience.
12. Claims 4 and 12-13 are rejected under 35 U.S.C. 103(a) as being unpatentable over Carretta et al; (US 20070033134 A1) in view of Walker et al; (US 6049778):
13. Claim 4: Carretta teaches the claimed invention as in claim 1. Carretta further teaches an incentive engine configured to monitor the number of financial transactions between the customer and the designated merchant and offer rewards in a fixed time period {Carretta: Fig. 5 especially paras 0039-0042}.
However, Carretta does not explicitly teach the underlined features: “an incentive engine storing computer-executable instructions configured to monitor a dollar amount of financial transactions by the customer and to increase the rewards amount if the dollar amount of financial transactions exceeds a predetermined value in a fixed period of time”
Walker teaches the general concept of the rewards amount is increased if the number of financial transactions (number of purchases) between the customer and the designated merchant exceeds a predetermined value {At least cl. 12 lines 5-33}.
Therefore, it would have been obvious to one of ordiary skill in the art before the effective filing day of the invention to modify “an incentive engine configured to monitor the number of financial transactions between the customer and the designated merchant and offer rewards in a fixed time period” of Carretta to include “the rewards amount is increased if the number of financial transactions (number of purchases) between the customer and the designated merchant exceeds a predetermined value”, taught by Walker. One would be motivated to do this in order to encourage the card holder to marginally exceed the original target and earn proportionally greater rewards {Walker: para 0078}.
14. Claim 12: Carretta teaches the claimed invention as in claim 7. Carretta further teaches an incentive engine storing computer-executable instructions configured to provide the rewards amount {At least fig. 5 paras 0039-0042}.
However, Carretta does not explicitly teach the underlined features: “an incentive engine storing computer-executable instructions configured to modify the rewards amount”.
Walker teaches the general concept of modify the rewards amount (e.g., the rewards amount is increased if the number of purchases between the customer and the designated merchant exceeds a predetermined value) {At least cl. 12 lines 5-33}.
Therefore, it would have been obvious to one of ordiary skill in the art before the effective filing day of the invention to modify “an incentive engine storing computer-executable instructions configured to provide the rewards amount” of Carretta to include “modify the rewards amount”, taught by Walker. One would be motivated to do this in order to encourage the user/customer to purchase more products and also increase customer’s satisfaction.
15. Claim 13: Carretta teaches the claimed invention as in claim 12. Carretta further teaches where the computer-executable instructions include an incentive engine configured to monitor the number of financial transactions between the customer and the designated merchant and offer rewards in a fixed time period {Carretta: Fig. 5 especially paras 0039-0042}.
However, Carretta does not explicitly teach the underlined features: “where the computer-executable instructions include an incentive engine configured to monitor the number of financial transactions between the customer and the designated merchant and to increase the rewards amount if the number of financial transactions exceeds a predetermined value in a fixed period of time.
Walker teaches the general concept of the rewards amount is increased if the number of financial transactions (number of purchases) between the customer and the designated merchant exceeds a predetermined value {At least cl. 12 lines 5-33}.
Therefore, it would have been obvious to one of ordiary skill in the art before the effective filing day of the invention to modify “where the computer-executable instructions include an incentive engine configured to monitor the number of financial transactions between the customer and the designated merchant and offer rewards in a fixed time period” of Carretta to include “the rewards amount is increased if the number of financial transactions (number of purchases) between the customer and the designated merchant exceeds a predetermined value”, taught by Walker. One would be motivated to do this in order to encourage the user/customer to purchase more products and also increase customer’s satisfaction.
16. Claims 5 and 6 are rejected under 35 U.S.C. 103(a) as being unpatentable over Carretta et al; (US 20070033134 A1), in view of Wilcox et al; (US 7,072,851 B1):
17. Claim 5: Carretta teaches the claimed invention as in claim 1. Carretta further teaches wherein the credit generating system comprises an electronic processor configured to execute computer-executable instructions stored in one or more memories, and the one or more memories is configured to store business rules, where the business rules indicate that the crediting the aggregate saving amount {At least fig. 5 paras 0039-0042 in context with fig. 2 paras 0017-0023}.
However, Carretta does not explicitly teach the underlined features: “wherein the credit generating system comprises an electronic processor configured to execute computer-executable instructions stored in one or more memories, and the one or more memories is configured to store business rules, where the business rules indicate that the crediting the aggregate saving amount is applied to principal of the outstanding debt”.
Wilcox teaches a general concept of a business rules indicate that crediting a reward amount (saving amount) against the outstanding debt (e.g., credit card outstanding debt) {At least Abstract, Cl. 6 lines 26-40}.
Therefore, it would have been obvious to one of ordiary skill in the art before the effective filing day of the invention to modify “wherein the credit generating system comprises an electronic processor configured to execute computer-executable instructions stored in one or more memories, and the one or more memories is configured to store business rules, where the business rules indicate that the crediting the aggregate saving amount” of Carretta to include “a business rules indicate that crediting a reward amount (saving amount) against the outstanding debt”, taught by Wilcox. One would be motivated to do this in order to enable the consumers to reduce the cost of an installment loan through the use of a credit card for making consumer purchases so that the consumers can earn a periodic rebate/reward in the form of payment against the principle due to an installment loan…etc., {Wilcox: cl.1 lines 60-67}.
18. Claim 6: Carretta teaches the claimed invention as in claim 1. Carretta further teaches wherein the credit generating system comprises one or more memories configured to store business rules that indicate that the crediting the aggregate saving amount {At least fig. 5 paras 0039-0042 in context with fig. 2 paras 0017-0023}. However, Carretta does not explicitly teach the underlined features: “wherein the credit generating system comprises one or more memories configured to store business rules that indicate that the crediting the aggregate saving amount is first applied to interest of the outstanding debt”.
Wilcox teaches a general concept of a business rules indicate that crediting a reward amount (saving amount) is first applied to interest of the outstanding debt (e.g., credit card outstanding debt) {At least Abstract, Cl. 6 lines 26-40 in context with fig. 6}.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing day of the invention to modify “wherein the credit generating system comprises one or more memories configured to store business rules that indicate that the crediting the aggregate saving amount” of Carretta to include “a business rules indicate that crediting a reward amount (saving amount) is first applied to interest of the outstanding debt”, taught by Wilcox. One would be motivated to do this in order to enable the consumers to reduce the cost of an installment loan through the use of a credit card for making consumer purchases so that the consumers can earn a periodic rebate/reward in the form of payment against the principle due to an installment loan…etc., {Wilcox: cl.1 lines 60-67}.
19. Claims 10 and 18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Carretta et al; (US 20070033134 A1), in view of Bauer et al; (US 7,392,224 B1):
20. Claims 10 and 18: Carretta teaches the claimed invention as in claims 7 and 15 respectively. Carretta does not explicitly teach the underlined features: “where the designated merchant is one of a predetermined plurality of merchants that credit a rewards amount to the savings account of the customer”.
Bauer teaches where the designated merchant is one of a predetermined plurality of merchants that credit a rewards amount to the savings account of the customer {At least figs. 7A-B cl. 19 lines 22-35 in context with cl. 1 lines 29-34},
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify “credit a rewards amount to the savings account of the customer by the financial institution” of the combination of Carretta to include “where the designated merchant is one of a predetermined plurality of merchants that credit a rewards amount to the savings account of the customer”, taught by Bauer. One would be motivated to do this in order to enable the merchant to reward the user for the user’s purchase transaction directly to the user’s account. This would increase user experience and satisfaction.
21. Claims 11 and 19 are rejected under 35 U.S.C. 103(a) as being unpatentable over Carretta et al; (US 20070033134 A1) in view of in view of Sanchez et al; (US 2002/0188533):
22. Claims 11 and 19: Carretta teaches the claimed invention as in claim 1. Carretta further teaches matching incentive and transfer rewards to the user saving account/second account (recipient account in paras 0021-0022, fig. 2) based on the number of financial transactions by the customer in a fixed period of time {At least fig. 5 especially paras 0039-0042}. However, Carretta does not explicitly teach the underlined features: “(i) waiving a fee associated with at least one of the first account and the second account based on the number of financial transactions by the customer in a fixed period of time”.
Sanchez teaches the general concept of “(k) waiving a fee associated with the account based on the number of financial transactions by the customer in a fixed period of time {para 0046}.
Therefore, it would have been obvious to one of ordiary skill in the art before the effective filing day of the invention to modify “matching incentive and transfer rewards to the user saving account/second account based on the number of financial transactions by the customer in a fixed period of time” of the combination of Carretta to include “waiving a fee associated with the account based on the number of financial transactions by the customer in a fixed period of time”, taught by Sanchez. One would be motivated to do this in order to provide the customer with other reward type e.g., waiving fees, which would in turn increase the customer’s experience and satisfaction.
Prior Art that is pertinent to Applicant’s disclosure
23. The prior art made of record and is considered pertinent to applicant's disclosure.
Carretta et al; (US 2007/0033134 A1), wherein teaches A computer implemented method of processing a financial transaction executed by first person includes determining an automatic savings amount from the financial transaction by rounding up the amount of the financial transaction to the nearest dollar. The method further includes debiting the calculated savings amount from an account of the first person and crediting the savings amount to an account of a second person.
Walker et al; (US 6,049778 A), wherein teaches In accordance with the present invention, a central controller stores a series of registrations, each of which corresponds to a purchaser of a product. The central controller calculates a measurement of product success, such as the number of products sold or the market share of the product. The central controller determines if the measurement is within a predetermined range. For example, the central controller may determine if the number of products sold exceeds a predetermined threshold. A selected set of registrations which are "early-adopter" registrations are selected. The set of registrations thereby defines a set of early-adopter purchasers. For example, the central controller may select a set of registrations having ordinal positions within a predetermined range of positions, such as the first hundred registrations. Thus, one hundred early-adopter purchasers are defined. If the measurement of product success is within the predetermined range, a reward, such as a refund or a free product, is provided to each early-adopter purchaser. For example, if sales of the product exceed 1,000,000 units, a reward is provided to each early-adopter purchaser.
Bauer et al; (US 7,392,224 B1), wherein teaches A system and a method of operating a debit card reward program that generates a reward for the cardholder based upon purchases made with the debit card. This reward amount may be applied to subsequent purchases made by the cardholder with the debit card. Additionally, all or a portion of the reward amount may be delivered to a sponsor, such as a charitable institution. A reward is accrued for every purchase conducted at any merchant made using the debit card. In particular, this reward is a varied percentage of every debit card purchase and may result in an additional reward for purchases that meet selected criteria.
Burke; (US 6,112,191), wherein teaches an improved system for consumer payors to save and donate whenever they use cash at a point of sale terminal, write a check, use an ATM machine, or use a credit or debit card. The POS system is a network composed of subscriber/ payors, neutral merchant/collectors, a central clearinghouse, and provider accounts. The Rounder system is a network composed of subscriber/payors, payees, account managers, and provider services. The systems together provide subscriber/payors with a seamless way to save/donate every time they spend in Abstract, Figs 8, 9A-9E, cl. 12, 13, 14, 15 and 16.
Jones; (US 2007/0174166), wherein teaches A system and method for creating and managing incentives for buyers of prepaid financial accounts to engage in certain activities with those accounts. Account holders agree to fund a prepaid account with a minimum amount and to forego using the account for an agreed time period, to maintain minimum account balances, to make periodic balance additions, or to satisfy other account requirements in exchange for a reward. The reward may be a money reward, merchandise, discounts, services, enrollment in loyalty programs, preferential treatments, rebates, lottery entries, etc. Whether or not the conditions for a reward are satisfied, the full initial par value of the account is available upon activating the account. Increasing rewards may be issued for increasing time periods where the account requirements are satisfied.
Sherman; (US 20050222951), wherein teaches Systems and methods of targeting savings deposits are provided that enable a depositor, such as a customer of a financial institution, to save money for various purposes or goals. A financial institution can make offers for targeting savings deposits to its customers using a financial statement that the financial institution prepares and provides to its customers to report information related to customers' financial accounts. Such offers can be solicited or unsolicited and can include one or more targeted savings plans customized to meet customers' savings goals. The financial statement can be further used to enable customers to enroll in one or more targeted savings plans and to make savings transactions according to such plans. A credit card account statement can be used for such purposes such that customers can make targeted savings deposits along with making payments to credit card accounts.
Walker et al; (US 2003/0061097 A1), wherein teaches a method is provided for managing reward offers. A first performance target that is associated with a financial account is determined. Transaction data that is associated with the financial account is received, and a second performance target for the financial account is determined based on the transaction data.
Fitch et al; (US 7,725,387 B1), wherein teaches The invention relates to a method for managing a financial account. The method involves directing a primary transaction request to a holding account controlled by an account owner, evaluating the primary transaction request based on a selected rule to obtain an evaluation, routing the primary transaction request, based on the evaluation, from the holding account to the financial account of a plurality of financial accounts.
Sanchez et al; (US 20020188533), wherein teaches Methods, systems, and articles of manufacture consistent with certain principles related to the present invention allow a financial account provider to provide a financial account with parameters that may be adjusted based on payment activities of the account. The financial account provider may monitor the payment activity for the account, such as consecutive payments, on time payments, missed payments, late payments, etc., and adjust the account parameters accordingly. In one configuration consistent with the present invention, the financial account provider may increase an interest rate for the account when a payment is received late. Alternatively, the customer may increase an account limit and/or decrease the interest rate for the account when the provider received a certain number of consecutive on-time payments.
Furthermore, see additional art cited in PTO-892.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thuy Nguyen whose telephone number is 571-272-4585 and fax number is 571-273-4585. The examiner can normally be reached on Mon-Thurs, 8:30 am to 5: 00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, Ilana Spar can be reached on 571-270-7537. The FAX number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THUY N NGUYEN/
Primary Examiner, Art Unit 3622.
