Ex Parte AUSTIN - Page 5



          Appeal No. 2003-2131                                                        
          Application 09/309,834                                                      

               verified against a code stored on the card.  A credit                  
               value for that transaction is then determined based                    
               upon the credit rate stored in memory 24 as selected by                
               that merchant and the dollar amount of the particular                  
               transaction involved.  Subsequently, the consumer data,                
               merchant data and credit value are transmitted to the                  
               central system whereat the cash value in the consumer                  
               account having the appropriate account or Social                       
               Security number and birthdate segments is incremented                  
               by the amount of the credit value.  Similarly, at the                  
               central system, the bill value in the merchant account                 
               having the appropriate merchant code number segment is                 
               also incremented by the amount of the credit value.                    
               Periodically, such as monthly, bills are sent to the                   
               merchants for at least the bill value amount which is                  
               then reset to zero.  Similarly, at selected intervals                  
               all consumers having one or more selected common                       
               birthdates are provided access to funds in the amount                  
               of the cash value shown in the consumer accounts                       
               associated with those individuals and the cash value                   
               then rest to zero.  Such access may be by authorized                   
               access to an access account or by checks issued                        
               directly to that consumer, for example [column 5, lines                
               26 through 53].                                                        
               The examiner concedes (see pages 10, 13 and 17 in the                  
          answer) that McCarthy does not respond to the limitations in                
          independent claims 1 and 15 requiring the controlling authority,            
          which corresponds to McCarthy’s central system 12, to calculate             
          an amount of a rebate that is to be credited to the consumer, or            
          to the similar limitation in independent claim 12 requiring the             
          claimed computer program to execute such a calculation.2  As                
               2 The examiner views McCarthy’s central system 12 as                   
          generally embodying a computer program of the sort recited in               
          claim 12.                                                                   
                                          5                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007