vi - / Lf --' 0 ~
`
`/
`
`i/
`.'",
`f1'
`
`Please type a plus sign (+) inside this box - - . .
`
`PTO/SB/05 (11-00)
`Approved for use through 10/31/2002. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995. no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`[±]
`
`UTILITY
`PATENT APPLICATION
`TRANSMITTAL
`
`Attorne Docket No. 1002 CIP III
`
`rF.:..:ir...::S~t~/nrV..::e~nc:.:to~r
`
`.J..G_eo_r_g_e_L_ik_o_u_r_ez_o_s
`System and Method For Effecting A Real-Time ...
`
`-1 ~
`~~
`.~ -~
`
`Title
`
`See MPEP chapter 600 concerning utilit
`
`atent a plication contents.
`
`~';';;";';:;";;;:"'';;;';';;;£;';';;;'';;';;;';;;'';:~;';;':';~~~=;;';';;'':==;';;;';'';;';;;'=~_L..-==-
`
`~~
`Ex ress Mail Label No. ET 921224961 US
`;:::.=~===================:::==;:========:;:::;::=::;=:::;:::;:=:;:::;==~::;)c::J
`I
`.......
`Assistant Commissioner for Patents ~_-
`APPLICATION ELEMENTS
`ADDRESS TO:
`~C) _..-l
`(1)--'
`Box Patent Application
`=
`0
`u_
`Washin ton, DC 20231
`---I ~
`7. D CD-ROM or CD-R in duplicate, large table or
`
`~
`
`';';';;;~~~;';:;':;;':::;;:':'
`
`0 C
`
`0
`
`c.
`
`(CRF)
`
`CD-ROM or CD-R (2 copies); or
`paper
`
`10.
`
`(when there is an assignee)
`
`Attorney
`
`Citations
`
`1. 0 Fee Transmittal Form (e.g., PTO/SB/17)
`2. 0 Applicant claims small entity status.
`[Total Pages EJ]
`See 37 CFR 1.27.
`If"71
`Specification
`~ (preferred arrangement set forth below)
`- Descriptive title of the invention
`- Cross Reference to Related Applications
`- Statement Regarding Fed sponsored R&D
`- Reference to sequence listing, a table,
`or a computer program listing appendix
`- Background of the Invention
`- Brief Summary of the Invention
`- Brief Description of the Drawings (jffiled)
`- Detailed Description
`- Claim(s)
`- Abstract of the Disclosure
`
`(Submit an original and a duplicate for fee processing)
`
`3.
`
`4.0
`
`Drawing(s) (35 U.S.C. 113)
`
`5. Oath or Declaration
`
`[ Total Pages
`
`a. 0 Newly executed (original or copy)
`O Copy from a prior application (37 CFR 1.63 (d»
`b.
`(for continuationldivisional with Box 18 completed)
`i. 0 DELETION OF INVENTOR(S)
`
`Signed statement attached deleting inventor(s)
`named in the prior application, see 37 CFR
`1.63(d)(2) and 1.33(b).
`
`Computer Program (Appendix)
`8. Nucleotide and/or Amino Acid Sequence Submission
`(if applicable, all necessary)
`t R d bl F
`OmpU er ea a e orm
`a.
`b. Specification Sequence Listing on:
`i. 0
`i i. 0
`Statements verifying identity of above copies
`G
`T
`ACCOMPANYIN APPLICATION PAR S
`9. D Assignment Papers (cover sheet & document(s»
`0 37 CFR 3.73(b) Statement D Power of
`[ Total Sheets ~ 11. 0 English Translation Document (if applicable)
`0 Copies of IDS
`t=;'t
`~2
`Information Disclosure
`~ 12. L:;"J Statement (IDS)/PTO-1449
`13. 0 Preliminary Amendment
`14 ~ Return Receipt Postcard (MPEP 503)
`· L:.J (Should be specifically itemized)
`15 D GertifiE!d Copy pf prioritY Document(s)
`16 0 Request and Certification under 35 U.S.C. 122
`
`(If foreign pnonty IS claimed)
`
`·
`
`·
`
`(b)(2)(B)(i). Applicant must attach form PTO/SB/35
`or its equivalent.
`
`Application Data Sheet. See 37 CFR 1.76
`
`6. 0
`17.0 Other:
`::::::::::::::::::::::::::::::::::::::::::::::::
`18. If a CONTINUING APPLICATION, check appropriate box, and supply the requisite information below and in a preliminary amendment,
`or in an Application Data Sheet under 37 CFR 1.76:
`D Continualion 0
`10 Conlinualion-in-part (CIP)
`_
`of prior application No.:__Q9
`Divisional
`_
`Examiner_Not Yet Assigned
`Group Art Unit: __12~
`Prior application information:
`For CONTINUATION OR DIVISIONAL APPS only: The entire disclosure of the prior application, from which an oath or declaration is supplied under
`Box 5b, is considered a part of the disclosure of the accompanying continuation or divisional application and is hereby incorporated by reference.
`The incorporation can only be relied upon when a portion has been inadvertently omitted from the submitted application parts.
`
`j_~1~L?
`
`o Customer Number or Bar Code Label
`
`or 0
`
`Correspondence address below
`
`Name
`
`Address
`
`City
`
`Country
`
`Name (Print/Type)
`
`Signature
`
`George Likourezos
`9321 Ridge Boulevard
`Brooklyn
`
`U.S.A
`
`New York
`
`Zip Code 11209
`
`(718) 680-3565
`
`Fax
`
`Registration No. (Attorney/Agent) 40,067
`
`Date
`
`January 11,2002
`
`CERTIF ATIO UNDER37C.F.R.§1.I0
`I hereby certify that this correspondence and the documents referred to as enelosed are being deposited with the United States Postal Service on date below in an envelope
`as "Express MaIl Post Office to Addressee" Mati Label Number ET 921224961 US addressed to: ASSIstant CommiSSIOner for Patents, Box Patent ApplicatIOn,
`~ ~/ '
`Washington, D.C. 20231.
`~;",,,e~=--,~~~~~~~~_~<:::3~==:.!::-==---
`George
`1 ourezos ..,
`
`January II, 2002
`
`Dated.
`
`eBay et al., Ex.1015, p.1
`
`

`
`Artny. Docket No. 1002 CIP III
`
`CLAIMS
`
`We Claim:
`
`1.
`
`A method for effecting payment for at least one item offered for sale by a
`
`seller and purchased by a buyer via an electronic auction web site, where the electronic
`
`5
`
`auction web site is accessible by a plurality of users and maintained by an electronic auction
`
`system, the method comprising the steps of:
`
`sending an e-mail by the electronic auction system to the buyer of the at least one
`
`item;
`
`receiving, via one of the electronic auction web site and the e-mail, at least one input
`
`10
`
`from the buyer indicating an initiation to effect payment;
`
`providing a payment page to the buyer after receiving the at least one input from the
`
`buyer;
`
`receiving, via the payment page, authorization from the buyer to deduct funds from a
`
`payment account corresponding to the buyer;
`
`15
`
`deducting funds from the payment account corresponding to the buyer; and
`
`using at least a portion of the deducted funds to effect payment to at least the seller,
`
`wherein the method for effecting payment does not provide for any interaction between the
`
`buyer and the seller.
`
`2.
`
`The method according to Claim 1, further comprising the step of using at least
`
`20
`
`another portion ofthe deducted funds to effect payment to an operator of the electronic
`
`auction system.
`
`-38-
`
`eBay et al., Ex.1015, p.2
`
`

`
`3.
`
`The method according to Claim I, further comprising the step of sending an e-
`
`mail to at least the seller indicating that payment has been made by the buyer.
`
`Attny. Docket No. 1002 CIP III
`
`4.
`
`The method according to Claim 3, wherein the e-mail sent to the seller
`
`contains a link to a web site for leaving comments regarding the payment transaction
`
`5
`
`between the buyer and the seller.
`
`5.
`
`The method according to Claim 1, wherein the payment page includes a
`
`plurality of fields, and further comprising the steps of
`
`receiving information from the seller; and
`
`automatically filling out at least a group of the plurality of fields using at least the
`
`10
`
`information received from the seller.
`
`6.
`
`The method according to Claim 5, wherein the plurality of fields consist ofa
`
`sales tax field, and a shipping and handling field.
`
`7.
`
`The method according to Claim 1, wherein the step of sending the e-mail
`
`occurs after an auction conducted by the electronic auction system for the at least one item
`
`15
`
`has closed.
`
`8.
`
`The method according to Claim 1, further comprising the step of receiving
`
`authorization from the buyer to loan funds thereto for effecting payment prior to the step of
`
`deducting funds.
`
`-39-
`
`eBay et al., Ex.1015, p.3
`
`

`
`Attny. Docket No. 1002 CIP III
`
`9.
`
`The method according to Claim l, further comprising the step of skipping the
`
`providing a payment page and receiving authorization steps if the at least one input is not
`
`received within a predetermined time period.
`
`1O.
`
`The method according to Claim 1, further comprising the following steps
`
`5
`
`prior to the deducting step:
`
`determining whether notification has been received from the seller that payment has
`
`not been made by the buyer within a predetermined time period; and
`
`skipping the providing a payment page and receiving authorization steps, if it is
`
`determined that notification has been received.
`
`10
`
`11.
`
`The method according to Claim l, wherein the method comprises the
`
`following steps prior to the step of receiving the at least one input from the buyer:
`
`activating a character recognition mode;
`
`receiving characters corresponding to a portion of a hyperlink provided on the e-mail;
`
`and
`
`15
`
`recognizing the received characters as corresponding to the portion ofthe hyperlink.
`
`-40-
`
`eBay et al., Ex.1015, p.4
`
`

`
`Attny. Docket No. 1002 CIP III
`
`12.
`
`A method for effecting payment for at least one item offered for sale by a
`
`seller and purchased by a buyer via an electronic auction web site, where the electronic
`
`auction web site is accessible by a plurality of users and maintained by an electronic auction
`
`system, the method comprising the steps of:
`
`5
`
`sending an e-mail by the electronic auction system to the buyer ofthe at least one
`
`item;
`
`receiving, via one ofthe electronic auction web site and the e-mail, at least one input
`
`from the buyer indicating an initiation to effect payment;
`
`providing a payment page to the buyer after receiving the at least one input from the
`
`buyer;
`
`receiving, via the payment page, authorization from the buyer to effect payment to the
`
`seller of the at least one item; and
`
`effecting payment to at least the seller.
`
`13.
`
`The method according to Claim 12, further comprising the step of effecting
`
`15
`
`payment to an operator of the electronic auction system.
`
`14.
`
`The method according to Claim 12, further comprising the step of sending an
`
`e-mail to the seller indicating that payment has been made by the buyer.
`
`15.
`
`The method according to Claim 12, wherein the method for effecting payment
`
`does not provide for any interaction between the buyer and the seller.
`
`-41-
`
`eBay et al., Ex.1015, p.5
`
`

`
`Attny. Docket No. 1002 CIP III
`
`16.
`
`A method for effecting payment for at least one item offered for sale by a
`
`seller and purchased by a buyer via an electronic auction web site, where the electronic
`
`auction web site is accessible by a plurality of users and maintained by an electronic auction
`
`system, the method comprising the steps of:
`
`5
`
`receiving, via one of the electronic auction web site and an e-mail transmitted by the
`
`electronic auction system, at least one input from the buyer indicating an initiation to effect
`
`payment; and
`
`effecting payment to the seller, wherein the method for effecting payment does not
`
`provide for any interaction between the buyer and the seller.
`
`17.
`
`The method according to Claim 16, wherein the step of effecting payment
`
`includes the steps of:
`
`deducting funds from a payment account corresponding to the buyer; and
`
`transferring at least a portion ofthe deducted funds to at least one payment account
`
`corresponding to the seller.
`
`15
`
`18.
`
`The method according to Claim 16, wherein the step of effecting payment
`
`includes the step of loaning funds to the buyer by the electronic auction system.
`
`19.
`
`The method according to Claim 16, further comprising the step of displaying a
`
`page including a plurality of fields, the plurality of fields including a field providing an
`
`auction identification code corresponding to the at least one item, a field providing an
`
`20
`
`identification name for the buyer, a field providing an identification name for the seller, and
`
`-42-
`
`eBay et al., Ex.1015, p.6
`
`

`
`a field providing a description of the at least one item.
`
`Attny. Docket No. 1002 CIP III
`
`20.
`
`The method according to Claim 19, wherein the plurality of fields includes a
`
`field indicating if insurance was purchased by the buyer, and at least one field indicating
`
`payment details.
`
`5
`
`21.
`
`The method according to Claim 16, wherein the at least one input is received
`
`after the conclusion of an electronic auction conducted by the electronic auction system for
`
`the at least one item.
`
`22.
`
`The method according to Claim 16, further comprising the step of transmitting
`
`an e-mail to at least the seller.
`
`10
`
`23.
`
`The method according to Claim 22, wherein the e-mail indicates an address
`
`corresponding to the buyer, a description of the at least one item, a purchase price of the at
`
`least one item, and an identification code corresponding to the at least one item.
`
`24.
`
`The method according to Claim 22, wherein the e-mail indicates an
`
`identification name corresponding to the buyer, and an identification name corresponding to
`
`15
`
`the seller.
`
`25.
`
`The method according to Claim 22, wherein the e-mail includes a link to a
`
`page for leaving comments regarding the payment transaction.
`
`-43-
`
`eBay et al., Ex.1015, p.7
`
`

`
`26.
`
`The method according to Claim 22, wherein the e-mail includes a link to a
`
`page for displaying and/or printing payment transaction information.
`
`Artny. Docket No. 1002 CIP III
`
`27.
`
`A method for effecting payment for at least one item offered for sale by a
`
`seller and purchased by a buyer via an electronic auction web site, where the electronic
`
`5
`
`auction web site is accessible by a plurality of users and maintained by an electronic auction
`
`system, the method comprising the steps of:
`
`receiving at least one input from the buyer to initiate a payment method; and
`
`initiating the payment method, wherein the payment method is at least one of
`
`deducting funds from a payment account corresponding to the buyer and loaning funds to the
`
`buyer for effecting payment, wherein the method for effecting payment does not provide for
`
`any interaction between the buyer and the seller.
`
`28.
`
`A method for effecting payment for at least one i!em offered for sale via an
`
`electronic auction by a seller and purchased by a buyer, where the electronic auction is
`
`conducted via an electronic auction web site accessible by a plurality of users and maintained
`
`15
`
`by an electronic auction system, the method comprising the steps of:
`
`receiving at least one input from the buyer indicating an initiation to effect payment
`
`after the conclusion ofthe electronic auction; and
`
`effecting payment to the seller, wherein the method for effecting payment does not
`
`provide for any interaction between the buyer and the seller.
`
`-44-
`
`eBay et al., Ex.1015, p.8
`
`

`
`•
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`•UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`. Alexandria, Virginia 22313-1450
`www.uspta.go.
`
`APPLICATIQN NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/044,075
`
`01/11/2002
`
`George Likourezos
`
`1002 CIP III
`
`7427
`
`7590
`George Likourezos
`9321 Ridge Boulevard
`Brooklyn, NY 11209
`
`09/0812004
`
`EXAMINER
`
`GRAHAM, CLEMENT B
`
`ART UNIT
`
`3628
`
`PAPER NUMBER
`
`DATE MAILED: 09/08/2004
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 10/03)
`
`eBay et al., Ex.1015, p.9
`
`

`
`"
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`101044.075
`
`Examiner
`
`L1KOUREZOS ET AL.
`
`Art Unit
`
`,v'\,
`
`3628
`Clement B Graham
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ~ MONTH{S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`• Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If the period for reply specified above is less than thirty (30) days. a reply within the statutory minimum of thirty (30) days will be considered timely.
`-
`If NO period for reply is specified above. the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute. cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication. even if timely filed. may reduce any
`eamed patent term adjustment. See 37 CFR 1.704(b).
`
`In no event. however. maya reply be timely filed
`
`Status
`
`1)~ Responsive to communication{s) filed on 11 January 2002.
`2a)0 This action is FINAL.
`2b)~ This action is non-final.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle. 1935 C.D. 11,453 O.G. 213.
`
`Disposition of Claims
`
`4)~ Claim{s) 1-27 and 32-71 is/are pending in the application.
`4a) Of the above claim{s) __ is/are withdrawn from consideration.
`5)0 Claim{s) __ is/are allowed.
`6)~ Claim{s) 1-27 and 32-71 is/are rejected.
`7)0 Claim{s) __ is/are objected to.
`8)0 Claim{s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)0 The drawing{s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119{a)-{d) or (f).
`a)O All
`b)O Some * c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __.
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2{a».
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment{s)
`1) ~ Notice of References Cited (PTO-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) ~ Information Disdosure Statement(s) (PTO-1449 or PTO/SB/08)
`Paper No(s)/Mail Date ~.
`
`Paper No(s)/Mail Date. __ .
`
`4) 0 Interview Summary (PT0-413)
`5) 0 Notice of Informal Patent Application (PTO-152)
`6) 0 Other: __.
`
`u.s. Patent and Trademark Office
`PTOL-326 (Rev. 1-04)
`
`Office Action Summary
`
`Part of Paper No.lMaii Date 2004-24-08
`
`eBay et al., Ex.1015, p.10
`
`

`
`1~/13/2084
`
`14:44
`
`6315813259
`
`CDFS
`
`RECEIVED
`CENTRAL FAX CENTER
`OCT 132004
`
`PAGE
`
`02/36
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICANTS:
`
`LIKOUREZOS et aI.
`
`GROUP ART UNIT: 3628
`
`SERIAL NO.:
`
`10/044,075
`
`Fll.ED:
`
`January 11) 2002
`
`EXAMINER:
`
`Clement B. Graham
`
`Atty. Docket No. 1002 CIP ill
`
`FOR:
`
`SYSTEM AND METHOD FOR EFFECTING A REAL-TIME
`PAYMENT FOR AN ITEM WON ON AN ELECTRONIC AUCTION
`
`P.O. Box 1450
`Commissioner for Patents
`Alexandria, VA 22313~14S0
`
`AMENDMENT UNDER 37 C.F.~ See. 1.111
`
`Sir:
`
`Please consider the following amendments and remarks in light of the Office Action. of
`
`the U.S. Patent and Trademark Office mailed on September 8, 2004:
`
`The Claims are reflected in the listing of claims which begins on page 2 ofthis paper.
`
`Remarks begin on page 21 of this paper.
`
`I hereby certify that this cortespondenee is being sent via facsimile to facsimile number 703·'72(cid:173)
`
`FACSIMILE CERTIFICATION
`
`~&'6 ofthc United States Patcm and TIadmlark Office and to tbe attention ofExaminer Clement B. Graham at
`Group Art Unit 3628 on the date shown below.
`
`PAGE 2130' RCVD AT 1011312004 3:34:45 PM ~astern DaylightTone]' SVR:USPTO-EFXRF·115·DNIS:8n9306' CSID:6315013259'DURATION (mm-ss):07·26
`
`eBay et al., Ex.1015, p.11
`
`

`
`18/13/2004 14:44
`
`6315013259
`
`CDFS
`
`PAGE
`
`22/38
`
`This application has been reviewed in light of theokce Action mailed on September 8,
`
`2004. Claims 1-7,9-27 and 32-71 are pending in the aPPlibation with Claims 1, 12, 16,27,47,
`
`54,55 and 62 being in independent form. By the present iendm<mt, Claims 1, 12, 13, 16, 17,
`I
`27,37,47,49,52, 54, 55, 59, 62 and 65 have been amcnddd. It is believed that no new matter is
`
`introduced into the claims by the amendm.euts.
`
`The Applicants gratefully acknowledge the Exami"
`
`'s courtesy in granting an interview
`
`with the Applicants on October 8, 2004. The proposed IJtations presented to the Examiner
`
`during the interview have been incorporated within the pjding independent claims.
`
`.
`
`l
`
`.
`
`The Applican.ts further gratefully acknowledge the lsponsivencss by the Examiner i.p.
`
`.
`
`initialing and returning the outstanding 1449 Forms WbiChl~eresubmiUed with conesponding
`Infonnation Disclosure Statements and were not returnedLth the Office Action. The Examiner
`initialed and sent the outstanding 1449 Fonns via facsimill to the Applicants on September 21,
`
`2004.
`
`I
`
`..
`
`In the Office Action, Claims 1-7, 11-17,21,22,25-17,32-36,40,42.51,53-58, 60-67 and .
`69-71 wererejected under 35 U.S.C. §102(e) as being antiliPated by U.S. Patent No. 6,760.470
`method for transferring funds between buyers and sellersl an. electronic commerce system thai
`
`issued to Bogosian et aI. on July 6, 2004 (hereinafter ...Bogbsian et aI."). Bogosian et aI. teaches a
`
`provides a marketplace for users to buy and sell goods, sJh as online auction systems or a "flea
`
`market" system.
`
`Independent Claims 1, 12, 16,27,47,54,55 and 62 have been amended. in a m.anner
`
`wh.ich is believed to better define Applicants' invention.
`
`particular, independent Claims 1, 27~
`
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`eBay et al., Ex.1015, p.12
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`54 and 62 have been amended and now recite the follo'
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`limitations: '~ayment account
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`storing funds therein and corresponding to the buyer." InJvendent Claim 55 has been amended
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`and now recites the following limitaiions: ''the at least onJ payment account corresponding to
`j
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`the buyer and the at least one payment account correspondmg to the seller are configured for
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`storing funds therein and. are stored within a database systl of the integrated platform."
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`Independent Claims l2~ 16 and 47 have been amended and now recite the foUowing limitations:
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`"payment account storing funds within the electronic auctiL system"; or CCpayment account
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`storing funds within the electronic commerce system." .l
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`.
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`The above-noted limitations are supported by Appli ants~ specification. Applicants'
`specification expressly teaches that each payment account 1s configured for storing funds which
`can be used to effect payment. The specification oxp1icit1~states !bat each payment account does
`. not store information relating to sources which can be used to initiate paymen~ such as credit
`. card information. See paragraph 0049 of Applicants' PUbl~shedpatent application.
`Bogos;anet al. teaches away from thereci~onso~Applicants'claims. BOgosi~ et aI.
`.teaches that when a buyer purchases one or more ltems froL a seller, the buyer's credit card
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`'.
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`account is charged to collect funds for the purchase, anld at least a portion of the collected
`I
`funds is deposited into a bank account of the seller us~ a previously extracted bank routing
`number. (Emphasis added) See Abstract; column 2, lineSl~8-67; colwnn 5, lin.es 41-55; column
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`13, lines 48-55.
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`Applicants were aware ofcredit card payment meth dolopJ-es for effecting payment for
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`electronic commerce transactions as of the effective filing Lte of the SUbject patent application.
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`In fact, a similar, if not identical method to the method desL.bed by Bogosian et aI., is described.
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`eBay et al., Ex.1015, p.13
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`in Applicants' Ba<:kgl<>und of the Invention sectionlh 0010 of Applicant's published
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`application) where Applicants describe a prior art method }or effecting payment where a winning
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`bidder ofan electronic auction web site accesses a paymenl web site (or a payment segment of
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`the electronic auction web site) and enters credit card infolation. The Applicants describe that
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`subsequently a management system overseeing the paymJt web site charges the credit card and
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`upon payment confmnation. an e~mail is sent to the seller kstructing th.e seIter to ship the item to
`the winning bidder. The Applicants further describe that ~er two to three business days; the
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`payment web site management system pays the seller by diLct deposit an amount equal to the
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`charged amount minus a commission and a transaction feel
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`. .
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`.
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`.Bogosian et al. does not disclose or suggest deducJg funds from a payment account.
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`.
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`storing funds therein and corresponding to the buyer, as rJited by Applicants' claims. Bogosian
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`et at. effects payment for a buyer by charging the buyer's cLdit card Bogosian et al. recites in
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`the Abstract, u •••when a buyer purchases one or more iteml from a seller, the buyer's credit card
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`. account is charged to collect funds for the purchase....". Jogosian et aI. does not disclose or
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`.
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`suggestcollecting funds by deducting funds from a paymJt account storing funds therein and
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`corresponding to the buyer, as recited by Applicants' ClaiJS. IfBogosian et. at. taught a payment
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`described such a payment account for effecting payment Bogosian et a1. only describes charging
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`account storing funds therein and corresponding to the4, then Bogosian et aI. would bave
`l'
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`the buyer's credit card for effecting payment.
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`Additionally, Bogosian et aI. does not disclose or su cst transferring funds to a payment
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`account storing funds within \the electronic auction. system 6r electronic commerce system, as
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`recited by AppHcants' claims. Bogosian et al. recites in tblAbstract .....the buyer's credit card
`I
`•
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`II
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`eBay et al., Ex.1015, p.14
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`account is charged to collect funds for the purchase, and at least a portion of the collected funds
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`is deposited into the bank account ofthe seller using the e tTacted bank routing number."
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`Bogosian et aI. does not disclose or suggest transferringJds to a payment accotmt storing funds
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`within the electronic auction system or electronic commerJe system, as recited by Applicants'
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`claims. IfBogosian et al. taught transferring funds to a patent account storing funds within the
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`electronic auction system. or electronic commerce system,
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`en Bogosian et a1. would have
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`described such a payment account for effecting paym.ent. ~ogosian et al. only describes
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`depositing a'portion of the collected funds into a bank acJunt of the seller using the ex.tracted
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`bank routing number fot' effecting payment.
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`It is therefore believed that Applicants' Claims 1,2 ,54 and 62 which. reci.te at least the
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`limitations '"ayment account storing funds therein and co
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`sponding to the buyer" and Claims
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`.'12, 16 and 47 which recite at least the limitations "paymenl account storing funds within the
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`I
`electronic auction system" and "payment account storing rbds within the electro~ic commerce
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`system," lespectively, are patentably distinct from the teacbingS of Bogosian et aI. It is also
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`.
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`.. believed that Applicants' Claim 55 which recites at least Je limitations "the at-least one payment
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`account corresponding to theb~yer and the at least onepakent account corresponding to the
`seller are configured for storing funds therein and arc store~ within a database system of the
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`integrated platfonn" is patentably distinct from the teachinks of Bogosian et aI.
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`Based at least on the above reasons, Applicants' indkendent Claims 1, 12, 16,27,47,54,
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`55 and 62 are not anticipated Wlder 35 U.S.C. §102(e) ovJ Bogosian et a1. Accordingly,
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`withdrawal of the rejection under 35 U.S.C. §102(e) with lspect to Clairits 1, 12, 16,27,47,54,
`55 and 62 and allowance thereof are respectfully requestedl
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`eBay et al., Ex.1015, p.15
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`Applicants' dependent Claim 4 recites features WID
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`are not disclosed or suggested by
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`BogoSian.el~. Bogosian et aI. does not disclose0<SUggj "sending an ..-IDlliIto at least the
`seUer indicating that payment has been made by the buyerI.. wheretn the e-m.atl sent to the seller
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`contains a link to a web site for leaving comments regarJg the payment transaction between the
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`buyer and the seller," as recited~y Applicants' dependent blaim 4 taken in conjunction with
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`Applicants' dependent Claim 3 from which Claim 4 depeJb from. Column 13, line 65 to
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`column 14, line 5 of Bogosian et a1. discloses sending an mail to the buyer with a link to an
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`Amazon.com Payments web page. Bogosi8lJ. et a1. does n1 disclose that the e-mail sent to the
`buyer includes a link to a web site for leaving comments Jgarding the payment .transaction
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`between the buyer and the seller. The same arguments staJed above for dependent Claim 4 are
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`applicable to dependent Claim 25 as well, since Claim 25 Lites similar recitations as dependent
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`Claim 4.
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`Applicants' dependent Claim 11 recites features which are not disclosed or suggested by.
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`Bogosian et aI. Bogosian et aI. does not disclose or suggeJt "activating a character recognition ..
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`mode; rece;ving characters corresponding to a portion ofalhYPerlink provided on the e-mail; and
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`recognizing the received characters as corresponding to th portion of the hyperlink," as recited
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`by Applicants' dependent Claim 11. ColulX1IJ. 13, line 65Jcolumn 14, line 5 ofBogosiao. et al.
`I
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`discloses sending an e-mail to the buyer with a link to an Lazon.com Payments web page.
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`Bogosian et at does not disclose or suggest the features Jited by Applicants' dependent Claim
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`11.
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`Additionally, with respect to dependent Claims 4,1 and 25, as weU as dependent Claims
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`2,3, S-7, 13-1 S, 17,21, 22,26,32-36,40,42-46,48-51. 5J. 56-58, 60, (1) 63-67 and 69-71,
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`eBay et al., Ex.1015, p.16
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`these claims depend from Claims 1, 12, 16,47,55 and 62,
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`d tberefore include the limitations
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`oCClaims 1, 12~ 16,47,'55 and 62. Therefore, for at least ie same reasons given above for
`Claims I, 12, 16, 47, 55 and 62, Claims :z,.7, 11, 13-15, 17j21, 22, 25, 26, 32-36, 40, 42-46, 48(cid:173)
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`51,53,56-58,60,61,63-67 and 69-71 arc believed to be Jlowable over Bogosian et aI.
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`Accordingly, withdrawal of the rejection under 35 U.S.C. JI02(e) with respect to Claims 2-7,11,
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`jd
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`8' 60, 61, 63-67 and 69-71 and
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`13-15,17,21,22,25,26,32-36,40,42-46,48-51.,53, 56_
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`allowance thereof are respectfully requested.
`
`Dependent Claims 9-10, 18-20,23-24,37-39,41, 5 ~ 59, 65 and 68 were rejected under 35
`U.s.C. §103(a) as being unpatentable over Bogosianet aI.1
`Applicants' dependent Claim 9 and 10 recites feaJr. which arc not disclosed or,
`
`"
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`suggested by Bogosian et aI. In particular, with respect to ependent Claim 10, Bogosian et at.
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`'
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`does n,ot disclose or suggest "skipping the providing a palent page and receiving authorization
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`,steps if the at least one input is not received within a PredeLined time period.," as recited by
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`" Applicants' dependent Claim 9. As such, if the at least onl input is not received within the
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`"'predetermined time period., Applicants' method for effectiJg payment proceeds wit~, the step of
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`'
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`deducting funds from the payment account storing funds Jer.ejn and corresponding to ilie buyer
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`and the step ofusing at least a portion of the deducted funL to cffect payment to at least the
`seller, as recited by Applicants' Claim 1. Accordingly. A~licants' method for effecting payment
`is not cancelle~as stated by the Examiner as being old anA well known in the art, but the method
`j
`from thc seller that payment has not been made by the bul within aPrede~ermined time period,
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`With respect to dependent Claim. 10, if it is deterrnj
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`.ed that notification has been received
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`proceeds and the seller is subsequently paid.
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`eBay et al., Ex.1015, p.17
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`<.
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`the steps of providing a paymeo.t page and receiving authorization steps are skipped. AB such, if
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`notification is received from the seller, Applicants' method for effecting payment proceeds with
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`the step of deducting funds from tbe payment account storing funds therein and corresponding