Ex Parte Monk - Page 17

             Appeal 2007-2451                                                                                         
             Application 10/694,925                                                                                   

         1   Appellant contends that Blossom doesn’t describe allocation of payment across                            
         2   multiple non-zero amounts, and that Cameron doesn’t describe a point of sale                             
         3   terminal or multiple account card.  However, Cameron does describe allocation of                         
         4   payment across multiple non-zero amounts (FF        13-14), and Blossom does describe                    
         5   a point of sale terminal and a multiple account card (FF 05-10), and the Appellant                       
         6   does not dispute this (FF 11, 15, and 16).  Thus, the combined art applied by the                        
         7   Examiner describes these claim limitations and these arguments by the Appellant                          
         8   are unpersuasive.                                                                                        
         9        The Appellant next contends that it is improper to combine the teachings of                         
        10   Blossom and Cameron.  Their initial contention is that the Examiner’s findings of                        
        11   motivation to combine the two are improper.  The Examiner found that one of                              
        12   ordinary skill would have combined them to include receiving at the POS terminal                         
        13   a response in the form of an elective distribution feature of allocating payments                        
        14   between stored value gift certificate and credit card to limit the use of the credit                     
        15   cards and their attendant high rates of interest.                                                        
        16        We agree with the Examiner, and also repeat our above purchase scenario in                          
        17   which the stored-value balance is insufficient to cover a purchase, requiring an                         
        18   allocation between the stored-value account and the credit account, as an additional                     
        19   motivation to combine purchase allocation with the use of stored-value accounts                          
        20   and credit accounts.  In any event, a combination of familiar elements, such as                          
        21   multiple use cards and payment allocation, according to known methods is likely to                       
        22   be obvious when it does no more than yield predictable results (see KSR, supra).                         
        23   Thus, not only does the Examiner provide a rational motivation that one of                               
        24   ordinary skill would have known to combine Blossom and Cameron, the                                      



                                                          17                                                          


Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: September 9, 2013