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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
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`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`11/07/2012
`
`21901
`7590
`Smith & Hopen,P.A.
`Attn: General Patent Matters
`180 Pine Avenue North
`Oldsmar, FL 34677
`
`NGUYEN,HIEP VAN
`
`3686
`
`DATE MAILED: 11/07/2012
`
`01/26/2012
`13/358,620
`TITLE OF INVENTION: MEDICAL BENEFITS PAYMENT SYSTEM
`
`Robert M. Allen
`
`1516.04RE
`
`4338
`
`
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEESMALL ENTITY ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
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`
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`
`nonprovisional
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`YES
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`$0
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`$0
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`$885
`
`02/07/2013
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`11/07/2012
`
`21901
`7590
`Smith & Hopen, P.A.
`Attn: G
`IP
`M
`(tn:
`General
`Patent Matters
`180 Pine Avenue North
`Oldsmar, FL 34677
`
`Certificate of Mailing or Transmission
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`(Depositor's name)
`(Signature)
`(ate)
`
`
`
`
`
`
`
`01/26/2012
`13/358,620
`TITLE OF INVENTION: MEDICAL BENEFITS PAYMENT SYSTEM
`
`Robert M.Allen
`
`1516.04RE
`
`4338
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEESMALL ENTITY ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`NGUYEN, HIEP VAN
`
`$885
`
`3686
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
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`www.uspto.gov
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`13/358,620
`
`01/26/2012
`
`Robert M.Allen
`
`1516.04RE
`
`4338
`
`11/07/2012
`
`21901
`7590
`Smith & Hopen,P.A.
`Attn: General Patent Matters
`180 Pine Avenne Noah
`Oldsmar, FL 34677
`
`NGUYEN,HIEP VAN
`
`3686
`
`DATE MAILED: 11/07/2012
`
`Determination of Patent Term Extension or Adjustment under 35 U.S.C. 154 (b)
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`A reissue patent is for "the unexpired part of the term of the original patent." See 35 U.S.C. 251. Accordingly, the
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`PTOL-85 (Rev. 02/11)
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`
`
`Application No.
`
`Applicant(s)
`
`Notice of Allowability
`
`13/358,620
`Examiner
`
`ALLEN, ROBERT M.
`Art Unit
`
`HIEP V. NGUYEN
`
`3686
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS.This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. K] This communication is responsive to 10/15/2012.
`
`2. (1 Anelection was madebythe applicant in responseto a restriction requirementset forth during the interview on
`the restriction requirement and election have been incorporated into this action.
`
`3. KX] The allowed claim(s)is/are 1-26.
`
`4. F] Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`a) All c)[]None_of the:=b)(1Some*
`
`
`1. 1 Certified copies of the priority documents have been received.
`2. [1 Certified copies of the priority documents have been received in Application No.
`3. [1 Copiesofthe certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE”of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. (] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENTor NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`6. [] CORRECTED DRAWINGS( as “replacement sheets”) must be submitted.
`(a) (J including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`1) [1] hereto or 2) [J to Paper No./Mail Date.
`(b) (J including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mail Date.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as suchin the header according to 37 CFR 1.121(d).
`
`7. CJ] DEPOSIT OF and/or INFORMATIONabout the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Primary Examiner (Acting), Art Unit 3686
`
`Attachment(s)
`1. [J Notice of References Cited (PTO-892)
`2. [1 Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. [J Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`4. (] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. [J Notice of Informal Patent Application
`6. [J Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`7. KJ Examiner's Amendment/Comment
`
`8. XX] Examiner's Statement of Reasonsfor Allowance
`
`9. [] Other
`
`.
`
`/HIEP V NGUYEN/
`
`U.S. Patent and Trademark Office
`
`PTOL-37 (Rev. 03-11)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20120719
`
`
`
`Application/Control Number: 13/358,620
`Art Unit: 3686
`
`Page 2
`
`DETAILED ACTION
`
`Acknowledgement(s)
`
`1.
`
`The written “Request not to stay examination” submitted on Sept. 4, 2012 has
`
`been acknowledged.
`
`EXAMINER’S AMENDMENT
`
`2.
`
`An examiner’s amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment maybefiled as provided
`
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
`
`submitted no later than the paymentof the issue fee.
`
`Authorization for this examiner's amendment was given in a telephone interview
`
`with Mr. Anthony Hopen on 09/13/2012, and based on claim amendment on
`
`10/15/2012.
`
`The application has been amendedasfollows:
`
`7. (Amended) A method offacilitating payment of adjudicated health care
`
`benefits to a health care provider on behalf of a payer comprising the steps of:
`
`
`
`Application/Control Number: 13/358,620
`Art Unit: 3686
`
`Page 3
`
`loading a unique, single-use stored-value card account by one or more
`
`computers with an amount equal to a single, adjudicated benefit payment, generating
`
`an explanation of benefits associated with the payment:
`
`creating a computer-generatedfile containing the stored-value card account
`
`number, the adjudicated benefit payment amount, a card verification value code, an
`
`expiration date, and the explanation of benefits by one or more computers: and
`
`transmitting the file by one or more computers to the health care provider.
`
`12. (Amended) A system for payment of adjudicated health care benefits
`
`combining payment terms and an explanation of benefits, the system comprising:
`
`an explanation of benefits describing medical services provided to a patient by a
`
`health care provider, an amount billed by the health care provider and an amount paid
`
`by the patient's insurance company; and
`
`a payment mechanism associated with the explanation of benefits, the payment
`
`mechanism merging a stored-value card account number, an adjudicated benefit
`
`payment amount, a card verification value code, and an expiration date with the
`
`explanation of benefits into a document by one or more computers:
`
`wherein the stored-value card account numberis linked to a unique, single-use
`
`stored-value card account prefunded with an amount equalto a single, adjudicated
`
`benefit payment, and wherein the documentis electronically transmitted to the health
`
`care provider as paymentfor the medical services by said one or more computers.
`
`
`
`Application/Control Number: 13/358,620
`Art Unit: 3686
`
`Page 4
`
`17. (Amended) A computer implemented method for combining payment of
`
`adjudicated health care benefits with an associated explanation of benefits, the method
`
`comprising:
`
`receiving an explanation of benefits related to medical services provided by a
`
`health care provider
`
`receiving authorization to pay at least a portion of submitted charges associated
`
`with the explanation of benefits and the associated funds for payment;
`
`funding a unique, single-use stored-value card account with an amount equal to
`
`the adjudicated benefit payment by one or more computers:
`
`merging the explanation of benefits with the stored-value card account number,
`
`the adjudicated benefit amount of payment, a card verification value code, and an
`
`expiration date in an electronic file by said one or more computers; and
`
`electronically sending the mergedfile to the health care provider as paymentfor
`
`the services by said one or more computers
`
`22. (Amended) A system for paymentof adjudicated health care benefits to a
`
`health care provider, the system comprising:
`
`an administration system operable to receive a benefit claim from the health care
`
`provider and to generate an explanation of benefits for the benefit claim along with an
`
`approved payment; and
`
`
`
`Application/Control Number: 13/358,620
`Art Unit: 3686
`
`Page 5
`
`a card processing system operable to fund a single-use stored-value card
`
`account with an amount equal to the approved payment by one or more computers, the
`
`card processing system also operable to merge the explanation of benefits with the
`
`stored-value card account number by one or more computers, the adjudicated amount
`
`of payment, a card verification value code, and an expiration date in an electronic file
`
`and to send the electronic file to the health care provider as paymentfor the benefit
`
`claim by one or more computers.
`
`Reasons for Allowance
`
`3.
`
`The following is an examiner’s statementof reasons for allowance: Claims 1-6, 7-
`
`26 are allowed.
`
`4.
`
`With respectto claims 1-6, see Allowable Subject Matter as indicated in Office
`
`Action on 05/18/2012.
`
`Claims 7, 8-11 are method claim of claim 1; therefore, claims 7, 8-11 are allowed
`
`for the reasons given in claim 1.
`
`5.
`
`Claims 12, 17, and 22 relate a system and method of Cracchiolo et al. (US.
`
`7,434,729) in view of DiRienzo (US. 6,343,310). In Cracchiolo, the invention discloses a
`
`method comprises the stepsof: receiving, at a host computer, a request from a provider
`
`for paymentfor a charge incurred by a purchaser; identifying a plurality of funding
`
`
`
`Application/Control Number: 13/358,620
`Art Unit: 3686
`
`Page 6
`
`sources of the purchaser from which to draw funds for payment of the charge; and
`
`causing at least one of the plurality of funding sources to be debited for at least a
`
`portion of the purchasing amount of the item based on the payment authorization (‘729;
`
`Abstract), and use of a health card by an employeeprior to any adjudication process. In
`
`DiRienzo, the invention discloses the Final Payment Claim must be completed so as to
`
`order a checkissuedto the service provider along with an Explanation of Benefits
`
`(EOB). A check is again preformed to see that the form has been completely and
`
`correctly completed and the operator is notified if an error has occurred and a payment
`
`draft is issued, in the approved amount, to the service provider (’310; Col. 25, lines 12-
`
`55).
`
`The combined art fails to disclose the single-use stored value card that is loaded
`
`with funds equal to the authorized benefit payment or prefunded with an amount equal
`
`to a single, adjudicated benefits payment, and creating a computer-generated image file
`
`containing the single-use stored-value card account number, a card verification value
`
`code, an expiration date, an explanation of benefits.
`
`Claims 13-16 are allowed as being dependentfrom claim 12.
`
`Claims 18-21 are allowed as being dependentfrom claim 17.
`
`Claims 23-26 are allowed as being dependentfrom claim 22.
`
`
`
`Application/Control Number: 13/358,620
`Art Unit: 3686
`
`Page 7
`
`6.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the paymentof the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.”
`
`Conclusion
`
`7.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HIEP V. NGUYEN whosetelephone numberis (571)
`
`270-5211. The examiner can normally be reached on Mondaythrough Friday between
`
`8:00AM and 5:00PM.
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`8.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Jerry O’Connor can be reached on 5712726787. The fax phone numberfor
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`the organization wherethis application or proceeding is assigned is (571) 273-8300.
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`9.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see Atip-/pair-direct. uspto,gov. Should
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`you have questions on accessto the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197(toll-free).
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`If you would like assistance from a
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`
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`Application/Control Number: 13/358,620
`Art Unit: 3686
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`Page 8
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`USPTO Customer Service Representative or access to the automatedinformation
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`system, call 800-786-9199 (IN USA OR CANADA)or (571) 272-1000.
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`10.
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`Official replies to this Office action may now be submitted electronically by
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`registered users of the EFS-Web system.
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`Information on EFS-Webtools is available on
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`the Internetat: Atto-/~www.uspio.gov/patents/process/lile/efs/quidance/index.jisp. An
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`EFS-Web Quick-Start Guide is available at: Atio:/www.usplo. gov/ebc/portal/ets/quick-
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`startpal.
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`11.
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`Alternatively, official replies to this Office action maystill be submitted by any
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`oneof fax, mail, or hand delivery. Faxed replies should bedirected to the central
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`fax at (571) 273-8300. Mailed replies should be addressed to “Commissioner for
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`Patents, PO Box 1450, Alexandria, VA 22313-1450.” Hand delivered replies should be
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`delivered to the “Customer Service Window, Randolph Building, 401 Dulany Street,
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`Alexandria, VA 22314.”
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`/HIEP V NGUYEN/
`Primary Examiner, Art Unit 3686
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`