Case 1213-CV-00738-UNA Document 3 Filed 04/26/13 Page 1 of 1 PagelD #1 61
`A0 120 (Rev. 08/10)
`
`'l‘O:
`
`Man stop 3
`Director of the U.S. Patent and Trademark Office
`P.0. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`ln Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U8. District Court
`for the District of Delaware
`on the following
`
`[I Trademarks or
`DOCKET NO.
`
`PLAINTIFF
`
`JOHN D'AGOSTlNO,
`
`( E] the patent action involves 35 U.S.C. {:3 292.):
`lZPatents.
`DATE FILED
`us. l)lS'I'RlC'l' COURT
`for the District of Delaware
`
`DEFENDANT
`
`Mastercard lnc.; Mastercard International |nc., (d/b/a
`Mastercard Worldwide); Orbiscom Ltd.; Orbiscom |nc.;
`Citigroup lnc.; Discover Financial Services; Xerxes Eng.
`
`l’A'l'EN'1‘ OR
`
`DA'l'l:' or PA'l'EN'l'
`
`1 8,036,988
`
`2 7,840,486
`
`10/11/2011
`
`John D'Agostino
`
`11/23/2010
`
`John D'Agostin0
`
`DATF, TNCLUDFD
`
`In the above—entit1ed case, the following patent(s)/ trademark(s) have been included:
`INCLUDFD BY
`
`PA’l‘l~iNT on
`TRADEMARK NO.
`
`|:l Amendment
`DATE or PATENT
`OR TRADEMARK
`
`I: Answer
`
`|:| Cross Bill
`
`I:I Other Pleading
`
`HOLDER or PATENT OR TRADEMARK
`
`3 —
`——
`——
`
`in the above—entitled case, the following decision has been rendered or judgement issued:
`DEClSl().\l/JUDGEMENT
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Up0n initiation of action. mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2-Upon filing document adding patent(s), mail this copy to Director Copy 4-Case file copy
`
`MasterCard, Exh. 1002, p. 1
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`CERTIFICATE OF CORRECTION
`
`PATENT NO.
`APPLICATION NO.
`
`3 8,036,988 B2
`: 12/902399
`
`DATED
`INVENTOR(S)
`
`: October 11, 2011
`: John D’Agostino
`
`Page 1 Qfl
`
`It is certified that error appears in the above—identified patent and that said Letters Patent is hereby corrected as shown below:
`
`Column 9, line 11, claim 1.f)
`
`replace “purchase with defined”
`
`with -- purchase within defined --
`
`Signed and Sealed this
`
`Twelfth Day of February, 2013
`j)
`
`.i_ _X >/’
`3,1"
`x2’»~.<2;,«>;:3-
`.
`Teresa Stanek Rea
`Acting Director oftlze United States Patent and 1'rademar/C Ojfice
`
`57:?
`..-- /;
`,»4’f;;e;/
`
`MasterCard, Exh. 1002, p. 2
`
`

`
`PTO/SB/44 (09-07)
`Approved for use through 08/31/2013. OMB 0651-0033
`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.
`Also Form PTO—1050
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`CERTIFICATE OF CORRECTION
`
`PATENT NO.
`
`: 8,036,988
`
`APPLICATION NO.: 12/902,399
`
`ISSUE DATE
`
`3 October 11, 2011
`
`INVENTOWS)
`
`John D'Agostino
`
`It is certified that an error appears or errors appear in the above—identified patent and that said Letters Patent
`is hereby corrected as shown below:
`
`Column 9, line 11, claim 1.f)
`
`replace “purchase with defined”
`with -- purchase within defined --
`
`MAILING ADDRESS OF SENDER (Please do not use customer number below):
`
`Maxey Law Offices
`15500 Roosevelt, Blvd., Suite 305
`Clearwater, FL 33760
`This collection of information is required by 37 CFR 1.322, 1.323, and 1.324. The information is required to obtain or retain a benefit by the public which is to file
`(and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 1.0 hour to
`complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
`comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer,
`U.S. Patent and Trademark Office, Us. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED
`FORMS TO THIS ADDRESS. SEND To: Attention Certificate of Corrections Branch, Commissioner for Patents, P.0. Box 1450, Alexandria,
`VA 22313-1450.
`
`Ifyou need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`MasterCard, Exh. 1002, p. 3
`
`

`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection
`with your submission of the attached form related to a patent application or patent. Accordingly,
`pursuant to the requirements of the Act, please be advised that: (1) the general authority for the
`collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary;
`and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark
`Office is to process and/or examine your submission related to a patent application or patent. If you do
`not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
`process and/or examine your submission, which may result in termination of proceedings or
`abandonment of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1. The information on this form will be treated confidentially to the extent allowed under the
`Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from
`this system of records may be disclosed to the Department of Justice to determine whether
`disclosure of these records is required by the Freedom of Information Act.
`A record from this system of records may be disclosed, as a routine use, in the course of
`presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to
`opposing counsel in the course of settlement negotiations.
`A record in this system of records may be disclosed, as a routine use, to a Member of
`Congress submitting a request involving an individual, to whom the record pertains, when the
`individual has requested assistance from the Member with respect to the subject matter of the
`record.
`
`A record in this system of records may be disclosed, as a routine use, to a contractor of the
`Agency having need for the information in order to perform a contract. Recipients of
`information shall be required to comply with the requirements of the Privacy Act of 1974, as
`amended, pursuant to 5 U.S.C. 552a(m).
`A record related to an International Application filed under the Patent Cooperation Treaty in
`this system of records may be disclosed, as a routine use, to the International Bureau of the
`World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`A record in this system of records may be disclosed, as a routine use, to another federal
`agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to
`the Atomic Energy Act (42 U.S.C. 218(c)).
`A record from this system of records may be disclosed, as a routine use, to the Administrator,
`General Services, or his/her designee, during an inspection of records conducted by GSA as
`part of that agency’s responsibility to recommend improvements in records management
`practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall
`be made in accordance with the GSA regulations governing inspection of records for this
`purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not
`be used to make determinations about individuals.
`
`A record from this system of records may be disclosed, as a routine use, to the public after
`either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent
`pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37
`CFR 1.14, as a routine use, to the public if the record was filed in an application which
`became abandoned or in which the proceedings were terminated and which application is
`referenced by either a published application, an application open to public inspection or an
`issued patent.
`A record from this system of records may be disclosed, as a routine use, to a Federal, State,
`or local law enforcement agency, if the USPTO becomes aware of a violation or potential
`violation of law or regulation.
`
`MasterCard, Exh. 1002, p. 4
`
`

`
`PTO/SB/44 (09-07)
`Approved for use through 08/31/2013. OMB 0651-0033
`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.
`Also Form PTO—1050
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`CERTIFICATE OF CORRECTION
`
`PATENT NO.
`
`: 8,036,988
`
`APPLICATION NO.: 12/902,399
`
`ISSUE DATE
`
`3 October 11, 2011
`
`INVENTOWS)
`
`John D'Agostino
`
`It is certified that an error appears or errors appear in the above—identified patent and that said Letters Patent
`is hereby corrected as shown below:
`
`Column 9, line 11, claim 1.f)
`
`replace “purchase with defined”
`with -- purchase within defined --
`
`MAILING ADDRESS OF SENDER (Please do not use customer number below):
`
`Maxey Law Offices
`15500 Roosevelt, Blvd., Suite 305
`Clearwater, FL 33760
`This collection of information is required by 37 CFR 1.322, 1.323, and 1.324. The information is required to obtain or retain a benefit by the public which is to file
`(and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 1.0 hour to
`complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
`comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer,
`U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED
`FORMS TO THIS ADDRESS. SEND To: Attention Certificate of Corrections Branch, Commissioner for Patents, P.0. Box 1450, Alexandria,
`VA 22313-1450.
`
`Ifyou need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`MasterCard, Exh. 1002, p. 5
`
`

`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection
`with your submission of the attached form related to a patent application or patent. Accordingly,
`pursuant to the requirements of the Act, please be advised that: (1) the general authority for the
`collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary;
`and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark
`Office is to process and/or examine your submission related to a patent application or patent. If you do
`not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
`process and/or examine your submission, which may result in termination of proceedings or
`abandonment of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1. The information on this form will be treated confidentially to the extent allowed under the
`Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from
`this system of records may be disclosed to the Department of Justice to determine whether
`disclosure of these records is required by the Freedom of Information Act.
`A record from this system of records may be disclosed, as a routine use, in the course of
`presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to
`opposing counsel in the course of settlement negotiations.
`A record in this system of records may be disclosed, as a routine use, to a Member of
`Congress submitting a request involving an individual, to whom the record pertains, when the
`individual has requested assistance from the Member with respect to the subject matter of the
`record.
`
`A record in this system of records may be disclosed, as a routine use, to a contractor of the
`Agency having need for the information in order to perform a contract. Recipients of
`information shall be required to comply with the requirements of the Privacy Act of 1974, as
`amended, pursuant to 5 U.S.C. 552a(m).
`A record related to an International Application filed under the Patent Cooperation Treaty in
`this system of records may be disclosed, as a routine use, to the International Bureau of the
`World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`A record in this system of records may be disclosed, as a routine use, to another federal
`agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to
`the Atomic Energy Act (42 U.S.C. 218(c)).
`A record from this system of records may be disclosed, as a routine use, to the Administrator,
`General Services, or his/her designee, during an inspection of records conducted by GSA as
`part of that agency’s responsibility to recommend improvements in records management
`practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall
`be made in accordance with the GSA regulations governing inspection of records for this
`purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not
`be used to make determinations about individuals.
`
`A record from this system of records may be disclosed, as a routine use, to the public after
`either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent
`pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37
`CFR 1.14, as a routine use, to the public if the record was filed in an application which
`became abandoned or in which the proceedings were terminated and which application is
`referenced by either a published application, an application open to public inspection or an
`issued patent.
`A record from this system of records may be disclosed, as a routine use, to a Federal, State,
`or local law enforcement agency, if the USPTO becomes aware of a violation or potential
`violation of law or regulation.
`
`MasterCard, Exh. 1002, p. 6
`
`

`
`]N THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`John D’Agostino
`
`Patent Number: 8,036,988
`
`Serial Number: 12/902,399
`
`Issue Date: October 11, 2011
`
`Filed: October 12, 2010
`
`Docket Number: 253.002
`
`For: SYSTEM AND METHOD FOR PERFORMING SECURE CREDIT CARD PURCHASES
`
`CERTIFICATE OF MAILING OR TRANSMISSION UNDER 37 CFR 1.8:
`
`I hereby certify that this correspondence is being electronically transmitted using EFS-Web, or Deposited
`with the United States Postal Service on the date shown below with sufficient postage as first class mail in
`an envelope addressed to :
`, Commissioner for Patents, P.O. Box 1450, Alexandria, VA
`22313-1450, or Transmitted by facsimile on the date shown below to the United States Patent and
`Trademark Office at (571) 273-8300.
`
`December 29, 2012
`Date
`
`/Stephen Lewellynf
`Stephen Lewellyn
`
`Commissioner for Patents
`Office of Patent Publication
`ATTN: Certificate of Correction Branch
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`REQUEST FOR CERTIFICATE OF CORRECTION
`
`Dear Commissioner,
`
`A Certificate of Correction under U.S.C. § 255 is respectfully requested for the above-identified
`
`patent in order to correct Applicant’s mistake. The changes in the patent needed to correct the Applicant
`errors are as follows:
`
`Column Line
`
`Reads
`
`Should Read
`
`Column 9, line 11
`
`purchase with defined
`
`purchase within defined
`
`The above errors for which correction is requested under 35 U.S.C. § 255 were made as a result of
`
`the Applicant’s mistake, which occurred in good faith. The errors are considered sufficiently important to
`
`justify the processing of a Certificate of Correction under 35 U.S.C. § 255. A form PTO/SB/44, in
`
`duplicate, is enclosed herewith, in addition to payment of the fee, as set forth in 37 C.F.R § 1.20(a), in the
`amount of $100.
`
`MasterCard, Exh. 1002, p. 7
`
`

`
`Issuance of the Certificate of Correction would neither expand nor contract the scope of the
`
`claims, and re-examination is not required.
`
`December 29, 2012
`
`Date:
`
`Respectfully submitted,
`Maxey Law Offices, PLLC
`
`/Stephen Lewellyn/
`
`Stephen Lewellyn
`Registration No. 51942
`15500 Roosevelt Blvd., Suite 305
`Clearwater, Florida 33760
`Tel: 727-230-4949
`
`MasterCard, Exh. 1002, p. 8
`
`

`
`Electronic Patent Application Fee Transmittal
`
`Filing Date:
`
`12-Oct-2010
`
`Title of Invention:
`
`SYSTEM AND METHOD FOR PERFORMING SECURE CREDIT CARD
`TRANSATIONS
`
`First Named Inventor/Applicant Name:
`
`JOHN D'AGOSTINO
`
`Filer:
`
`Stephen James Lewellyn
`
`Filed as Small Entity
`
`Utility under 35 USC 11 1 (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-lssuance:
`
`Extension-of-Time:
`
`MasterCard, Exh. 1002, p. 9
`
`

`
`Description
`
`Miscellaneous:
`
`Sub-Total in
`USD($)
`
`Total in USD (S)
`
`MasterCard, Exh. 1002, p. 10
`
`

`
`Electronic Acknowledgement Receipt
`
`14584162
`
`Confirmation Number:
`
`Title of Invention:
`
`SYSTEM AND METHOD FOR PERFORMING SECURE CREDIT CARD
`TRANSATIONS
`
`First Named Inventor/Applicant Name:
`
`JOHN D'AGOSTINO
`
`Customer Number:
`
`34111
`
`I F
`
`iler Authorized By:
`
`Attorney Docket Number:
`
`253.002
`
`Time Stamp:
`
`14:54:34
`
`Application Type:
`
`Utility under 35 USC 111(a)
`
`Payment information:
`
`Submitted with Payment
`
`PaymentType
`
`Payment was successfully received in RAM
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`Credit Card
`
`$100
`
`Document
`Number
`
`Document Description
`
`File Size(Bytes)/
`Message Digest
`
`Pages
`Multi
`Part /.zip (ifappl.)
`
`MasterCard, Exh. 1002, p. 11
`
`

`
`Request for Certificate of Correction
`
`_
`_
`_
`253002_CertIfIcate_of_Corre:tI
`on_Form_1_pdf
`
`193327
`
`fifizlhfi 97'-?fP3§Ptla6r6aaU l79alrlrl834rl89rl
`83ell
`
`253002_Certificate_of_Corre:ti
`on.pdf
`
`33ZlJ3094Z408d5ed8L70l.13579Ll7LL14l1l31l
`7392f
`
`Information:
`
`Warnings:
`Information:
`
`Fee Worksheet (SBO6)
`
`fee-info.pdf
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`MasterCard, Exh. 1002, p. 12
`
`

`
`UNITED STATES PATENT AND TRADEMARK OEEICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVIISS IONER FOR PATENTS
`P.O Box 1450
`Alexandria. Virginia 22313-1450
`www.uspto gov
`
`APPLICATION NO.
`
`12/902.399
`
`ISSUE DATE
`
`10/11/2011
`
`PATENT NO.
`
`8036988
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`253.002
`
`2006
`
`34111
`
`7590
`
`09/21/2011
`
`Maxey Law Offices, PLLC
`15500 Roosevelt Blvd.
`SUITE 305
`CI FARWATER, Fl. 33760
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 0 day( s). Any patent to issue from the above-identified application will include
`an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Teim Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(S) (Please see PAIR WEB site http://pair.11spto.goV for additional applicants):
`
`JOHN D'AGOS'l'lNO, SARASOTA, FL;
`
`IRl03 (Rev. 10/09)
`
`MasterCard, Exh. 1002, p. 13
`
`

`
`I55’-'9 Classification 12902399
`
`D'AGOST|NO, JOHN
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`BIJENDRA K SHRESTHA
`
`3691
`
`ORIGINAL
`
`INTERNATIONAL CLASSIFICATION
`
`SUBCLASS
`
`4
`
`I-3L E I'|1 U
`40/00 (2006.01.01)
`
`NON-CLAIMED
`
`caoss REFERENCE(S)
`
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`
`CIIICICII-IIH
`
`|:I
`
`Claims renumbered in the same order as presented by applicant
`
`El
`
`CPA
`
`E T.D.
`
`El
`
`R.1.47
`
`Final
`
`Original
`
`Final
`
`Original
`
`Flnal
`
`Orlglnal
`
`Final
`
`Original
`
`Final
`
`Original
`
`Tom! Claims Allowed:
`
`38
`
`-9/O8/2011
`
`O.G. Prinl C|aim(s)
`
`O.G. Prinl Figure
`
`(Date)
`
`1
`
`3
`Part of Paper No. 20110908
`
`Original
`33
`34
`35
`36
`37
`38
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Looo\lo>Ui4>(.oI\J
`
`O l
`
`\)
`L.)
`4:-
`U1
`07
`
`(Assistanl Examiner)
`/BIJENDRA K SHRESTHN
`E><aminer.Arl Unit 3691
`
`(Primary Examiner)
`US. Patent and Trademark Office
`
`MasterCard, Exh. 1002, p. 14
`
`

`
`Application/Control No.
`
`Index Of Claims
`
`12902399
`
`Examiner
`
`BIJENDRA K SHRESTHA
`
`Applicant(s)/Patent Under
`Reexamination
`
`D‘AGOST|NO, JOHN
`
`Rejected
`
`Allowed
`
`|:I Claims renumbered in the same order as presented by applicant
`
`CLAIM
`
`Final
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`U.S. Patent and Trademark Office
`
`Part of Paper No.
`
`: 20110908
`
`MasterCard, Exh. 1002, p. 15
`
`

`
`Application/Control No.
`
`Index Of Claims
`
`12902399
`
`Examiner
`
`BIJENDRA K SHRESTHA
`
`Applicant(s)/Patent Under
`Reexamination
`
`D‘AGOSTlNO, JOHN
`
`Rejected I Cancelled
`
`Allowed
`
`:
`
`Restricted
`
`|:I Claims renumbered in the same order as presented by applicant
`
`El CPA
`
`X T.D.
`
`|:I R.1.47
`
`CLAIM
`
`DATE
`
`“"2222
`32222222
`32222222
`
`U.S. Patent and Trademark Office
`
`Part of Paper No.
`
`: 20110908
`
`MasterCard, Exh. 1002, p. 16
`
`

`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAM < ) INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`UNITED STATES DEPARTIVIENT OF COl\/IMERCE
`United States Patent and Trademark Offiee
`Address: COMMISS IONER FOR PATENTS
`P.0 Box 1450
`Alexandna, Virgmia 22313-1450
`WWW.1]SPi.0 gov
`
`10/12/2010
`
`JOI IN D'AGOS TI\I0
`
`253 .002
`
`2006
`
`EXAMINER
`
`SHRESTHA. BUENDRA K
`
`ART UNIT
`3591
`
`MAIL DATE
`
`08/ 1 8/201 1
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`12/902,399
`
`34111
`
`7590
`
`08/18/2011
`
`Maxey Law Offices, PLLC
`15500 Roosevelt Blvd.
`S UITE 305
`
`CLEARWATER’ FL 53760
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL—90A (Rev. 04/07)
`
`MasterCard, Exh. 1002, p. 17
`
`

`
`Response to Rule 312 Communication
`
`Application No.
`
`App|icant(s)
`
`12/902,399
`Examiner
`
`D'AGOST|NO, JOHN
`Art Unit
`
`BIJENDRA K. SHRESTHA
`
`3691
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address —
`
`1. IX The amendment filed on 26 July 2011 under 37 CFR 1.312 has been considered, and has been:
`
`a) E entered.
`
`entered as directed to matters of form not affecting the scope of the invention.
`
`disapproved because the amendment was filed after the payment of the issue fee.
`
`Any amendment filed after the date the issue fee is paid must be accompanied by a petition under 37 CFR 1.313(c)(1)
`
`and the required fee to withdraw the application from issue.
`
`disapproved. See explanation below.
`
`entered in part. See explanation below.
`
`/BIJENDRA K. SHRESTHA/
`
`Primary Examiner, Art Unit 3691
`
`U.S. Patent and Trademark Office
`PTOL-271 (Rev. 04-01)
`
`Reponse to Rule 312 Communication
`
`Part of Paper No. 20110815
`
`MasterCard, Exh. 1002, p. 18
`
`

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`U15. Patent and Trademark Office; U.S. DEFARTME ‘T OF COMMERCE
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`MasterCard, Exh. 1002, p. 19
`
`

`
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`
`MasterCard, Exh. 1002, p. 20
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`John D’Agostino
`
`Group Art Unit: 3691
`
`Serial Number: 12/902,399
`
`Examiner: Shrestha, Bijendra K.
`
`Filed: 10/12/2010
`
`Docket Number: 253.002
`
`For: SYSTEM AND METHOD FOR PERFORMING SECURE CREDIT CARD
`PURCHASES
`
`CERTIFICATE OF MAILING OR TRANSMISSION UNDER 37 CFR 18:
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`, Commissioner for Patents, PO. Box 1450, Alexandria, VA
`22313-14