`Filing Date: 01-04-2017 - Inventor: Elizabeth Rose Dyor
`Page 6 of 11
`
`REMARKS
`
`By this amendment, claim 12 has been amended. As such, claims l-2l are pending in this
`
`application. No new matter was added.
`
`Claim Rejections — 35 U.S.C. §§ 112
`
`The Office Action indicates that claims l-2l are rejected under 35 U.S.C. § 112 as being
`
`indefinite for purportedly failing to particularly point out and distinctly claim the subject matter
`
`which the inventor or applicant regards as the invention. Applicant respectfully traverses these
`
`rejections. As discussed below, the rejected phrases are fully disclosed and supported by the
`
`specification, or are phrases which a person of ordinary skill
`
`in the art at the time of the
`
`invention would have been able to understand in order to make or use the claimed invention.
`
`Reconsideration of the rejection is respectfully requested.
`
`In particular, the Office Action indicates that the phrase “a commercial web server” in
`
`independent claims 1 and 9 does not appear to have support from the specification, nor drawing
`
`figures. The specification, however, clearly states that “commercial web server” is one “capable
`
`of conducting online financial transactions”. See Specification at If [0022]. The specification
`
`then indicates that a “commercial web server could be a server that enables a commercial web
`
`site, such as NetGrocerTM or Amazon.comTM, to conduct online transactions.” Id. Furthermore,
`
`the specification indicates, with respect to Fig.
`
`1,
`
`that “[i]n a preferred embodiment,
`
`the
`
`Financial Assistant is invoked upon the transmission of transaction data from a terminal device
`
`to a commercial web server”.
`
`Id. at
`
`If
`
`[0024]. There also other instances in which the
`
`aforementioned phrase is used in the specification. Id. at W [0025]—[0034]. As such, the phrase
`
`
`
`United States Patent Application No. 15/398,003
`Filing Date: 01-04-2017 - Inventor: Elizabeth Rose Dyor
`Page 7 of 11
`
`“a commercial web server” is fully supported by the specification. Reconsideration of the
`
`rejection is respectfully requested.
`
`The Office Action also indicates that the phrase “a first data structure comprising a
`
`plurality of components of transaction data, the first data structure compatible with conducting
`
`an online transaction with the commercial web server” does not appear to have support from the
`
`specification; nor drawing figures. The term “data structure” refers to a specialized format for
`
`organizing and storing data; and such format were well-known since at least 1963 and as such,
`
`were well-known at
`
`the time of the invention.1 Furthermore,
`
`the specification discloses
`
`embodiments that allow a user performing online e-commerce transactions (e.g., such as e-
`
`commerce purchases) to use a specialized computer component (i.e., a financial assistant) to
`
`perform a specialized function, such as intercept transaction data of an online transaction that is
`
`in one data structure, and then copy the transaction data to another data structure compatible with
`
`a personal financial program. See specification at W [0024]-[0028]. Both independent claims 1
`
`and 9 are supported by the aforementioned disclosure, and as such, are directed to intercepting
`
`transaction data of an online transaction or searching data in a first data structure and copying the
`
`data into a second data structure compatible with a personal financial program. Thus,
`
`the
`
`aforementioned phrase is supported by the specification. Reconsideration of the rejection is
`
`respectfully requested.
`
`The Office Action also indicates that the phrase “entering, by the financial assistant on
`
`the network device, additional transaction data not included in the transmitted transaction data
`
`into the second data structure including at least one of a category and remarks” does not appear
`
`to have support from the specification, nor drawing figures. The specification, however,
`
`
`1 httpsz/fwww.merriam ~wcbste mom/diam wary/d31894120stmcmre
`
`
`
`United States Patent Application No. 15/398,003
`Filing Date: 01-04-2017 - Inventor: Elizabeth Rose Dyor
`Page 8 of 11
`
`specifically indicates that “Once the transmission data has been copied, the Financial Assistant
`
`receives additional transaction data in Step 104. In a preferred embodiment, this additional
`
`transaction data comprises category and remarks. FIG. 3 depicts one embodiment of Step 104 of
`
`the present invention.” Id. at [0027]. As such, the aforementioned phrase is fully supported by
`
`the specification. Reconsideration of the rejection is respectfully requested.
`
`Similarly, if the entirety of the specification is inspected, Examiner will find that the
`
`limitations in dependent claims 4-8, 10-12 and 18-19 that were rejected under § 112 are also
`
`supported by the specification. For example, the phrase “a repurchase based on the transmitted
`
`data” in claims 4 and 10 is supported by, at least, paragraph [0042] of the specification which
`
`states that “the user will be provided with a repurchase GUI that will allow the user to adjust the
`
`goods and services to be repurchased”. It is worth noting that the aforementioned phrase is
`
`repeated throughout the specification on multiple occasions. As such, the aforementioned phrase
`
`is fully supported by the specification. Reconsideration of the rejection is respectfully requested.
`
`Regarding the phrase “conducting statistical analysis” in claim 5, paragraph [0028] of the
`
`specification indicates that “[u]pon completion of Step 105, the transaction data is preferably
`
`stored so that the Financial Assistant can later recall the information for conducting additional
`
`processing of the transaction data, including repurchasing and statistical analysis.” As such, the
`
`aforementioned phrase is fully supported by the specification. Reconsideration of the rejection is
`
`respectfully requested.
`
`Regarding the phrase “a default” in claims 6-7, paragraph [0027] of the specification
`
`indicates that “FIG. 3 depicts one embodiment of Step 104 of the present invention. Preferably,
`
`the category can be split between two or more categories if needed. This category could have a
`
`default value provided by the merchant, or could be based upon previous categories selected for
`
`
`
`United States Patent Application No. 15/398,003
`Filing Date: 01-04-2017 - Inventor: Elizabeth Rose Dyor
`Page 9 of 11
`
`purchases made from the particular merchant. The user can also associate notes with the
`77
`purchase. As
`
`the aforementioned phrase is fully supported by the specification.
`
`such,
`
`Reconsideration of the rejection is respectfully requested.
`
`Regarding the phrase “a note” in claim 8, paragraph [0014] of the specification indicates
`
`that “[t]he user is allowed to associate additional data with the transaction data, including a notes
`
`field and a category.” As such, the aforementioned phrase is fully supported by the specification.
`
`Reconsideration of the rejection is respectfully requested.
`
`Regarding the phrase “a repurchase control” in claims 11-12, paragraph [0041] of the
`
`specification indicates that “[fjield 310 is preferably assigned the function of the repurchase icon.
`
`By activating the repurchase icon 310, a user can repurchase the items that were purchased by
`
`the associated online transaction.” As such, the aforementioned phrase is fully supported by the
`
`specification. Reconsideration of the rejection is respectfully requested. Examiner indicates that
`
`it is not clear if the “repurchase control” in claim 12 is different from the one in claim 11. Since
`
`claim 12 further limits claim 11, Applicant has amended claim 12 to avoid any potential
`
`indefinite issues.
`
`Regarding the phrase “a repurchase control
`
`initiates. ..a better price” in claim 12,
`
`paragraph [0041] of the specification indicates that “[i]n a preferred embodiment, the repurchase
`
`key will conduct a search in accordance with a user profile to determine whether the goods and
`
`services could be procured from a different provider, or a set of different providers, at a better
`7
`price.’ As
`
`such,
`
`the aforementioned phrase is
`
`fully supported by the
`
`specification.
`
`Reconsideration of the rejection is respectfully requested.
`
`Regarding the phrase “an account number” in claims 18-19, Applicant respectfully
`
`submits that “account numbers” were well known in the art at the time of the invention. For
`
`
`
`United States Patent Application No. 15/398,003
`Filing Date: 01-04-2017 - Inventor: Elizabeth Rose Dyor
`Page 10 of 11
`
`example, the specification indicates that existing applications at the time of the invention could
`
`track accounts. See specification at If [0004]. As such, a person of ordinary skill in the art would
`
`have been able to understand and make and use the subject matter disclosed in clams 18 and 19.
`
`Reconsideration of the rejection is respectfully requested.
`
`In any event
`
`the dependent claims depend, either directly or indirectly,
`
`from the
`
`independent claims. Thus, the dependent claims should be patentable for at least their same
`
`reasons as the independent claims. Therefore, the rejection under 35 U.S.C. § 112 should be
`
`withdrawn and the claims should progress to allowance.
`
`Double Patenting
`
`In the Office Action the Examiner rejected claims 1-21 on the ground of non-statutory
`
`double patenting as being unpatentable over clams 1-21 of US. Patent No. 9,569,755.
`
`In
`
`response, Applicant hereby submits a terminal disclaimer to overcome the aforementioned non-
`
`statutory double patenting rejection in view of US. Patent No. 9,569,755. Applicant requests
`
`entry of the terminal disclaimer.
`
`CONCLUSION
`
`Applicant believes this reply is fully responsive to all outstanding issues and places this
`
`application in condition for allowance.
`
`If the Examiner considers that there is any remaining
`
`issue, he is encouraged to call Applicant’s representative to the phone number indicated below.
`
`Date: September 20, 2018
`
`Respectfully submitted
`
`By: /Eugem'0 J. Torres/
`Eugenio J. Torres, Reg. No. 47,141
`
`
`
`United States Patent Application No. 15/398,003
`Filing Date: 01-04-2017 - Inventor: Elizabeth Rose Dyor
`Page 11 of 11
`
`/Victor M. Rodriguez/
`Victor M. Rodriguez, Reg. No. 68,866
`
`/Rafael Rodriguez-Muriel/
`Rafael Rodriguez-Muriel, Reg. No. 69,980
`
`Ferraiuoli LLC.
`
`221 Plaza
`
`221 Ponce de Leon Avenue, Suite 403
`
`San Juan, PR 00917
`787-766-7000 (tel)
`787-766-7001(fax)
`Patent@ferraiuoli.com (email)
`
`

Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ ChargeStill Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.

This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.

One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site