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