Ex Parte Koch

Board of Patent Appeals and Interferences

Aug 3, 2011

10457882 (B.P.A.I. Aug. 3, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
10/457,882 06/10/2003 Robert A. Koch 030001 8886
38516 7590 08/03/2011
AT&T Legal Department - SZ
Attn: Patent Docketing
Room 2A-207
One AT&T Way
Bedminster, NJ 07921
EXAMINER
ZARE, SCOTT A
ART UNIT PAPER NUMBER
3687
MAIL DATE DELIVERY MODE
08/03/2011 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ROBERT A. KOCH
____________

Appeal 2010-010677
Application 10/457,882
Technology Center 3600
____________

Before: JOSEPH A. FISCHETTI, BIBHU R. MOHANTY, and MICHAEL
W. KIM, Administrative Patent Judges.

KIM, Administrative Patent Judge.

DECISION ON APPEAL
Appeal 2010-010677
Application 10/457,882

2
STATEMENT OF THE CASE
This is an appeal from the final rejection of claims 1, 3-4, 6-7, 13-15,
and 17-20. We have jurisdiction to review the case under 35 U.S.C. §§ 134
and 6 (2002).
The claimed invention is directed to computers and to computer
networking and, more particularly, to methods and systems for conducting e-
commerce transactions in a client-server environment (Spec., para. [0002]).
Claim 1, reproduced below, is further illustrative of the claimed subject
matter.
1. A computer program product comprising a computer
readable medium storing processor executable instructions for
performing a method, the method comprising:
communicating an application from a server to a client
via a communications network, the application comprising a
component for configuring an e-commerce order during an
offline session of the client, the order ordering a quantity of a
product at a price;
processing an order transaction between the client and a
server via the communications network, the order transaction
comprising the order configured during the offline session of
the client;
prioritizing a stock status query and a price query;
before authorizing payment and verifying a shipping
address, executing the stock status query at a priority level;
determining whether sufficient inventory of the product
is available for shipment;
when the inventory is insufficient, then:
suspending the processing of the order transaction,
initiating a notification to the client of the
insufficient inventory,
prompting the client to continue processing the
order transaction despite the insufficient inventory,
canceling the order transaction when the client
does not continue with the order transaction, and
Appeal 2010-010677
Application 10/457,882

3
resuming processing of the order transaction when
the client elects to continue or when the inventory is
sufficient to fulfill the order transaction;
after completing the inventory determination, then
executing the price query at another priority level;
a) determining whether a discrepancy exists between the
price of the order and a current price for the product;
b) when the discrepancy exists, then:
c) suspending the processing of the order
transaction,
d) initiating another notification to the client of the
discrepancy between the price of the order and a current
price for the product,
e) prompting the client to continue processing the
order transaction at the current price instead of the price
of the order,
f) canceling the order transaction when the client
does not continue with the order transaction, and
g) repeating a) - f) when the client elects to
continue with the order transaction until no discrepancy
exists and the price of the order equals the current price
for the product; and
h) when no discrepancy exists, then authorizing payment
for the order transaction.

Claims 1, 3-4, 6-7, 13-15, and 17-20 stand rejected under 35 U.S.C. §
103(a) as unpatentable over Green (US Pat. 5,664,110, iss. Sep. 2, 1997) in
view of Foster (US Pat. 6,332,134 B1, iss. Dec. 18, 2001) and Cihla (US
Pub. 2004/0128204 A1, pub. Jul. 1, 2004).
We AFFIRM.

Appeal 2010-010677
Application 10/457,882

4
ANALYSIS
We are not persuaded the Examiner erred in combining Green, Foster,
and Cihla to render obvious claims 1, 3-4, 6-7, 13-15, and 17-20, because
modifying Green to include aspects of Foster would impermissibly change
the principle of operation of Green (App. Br. 11-14). We agree with and
adopt the Examiner’s findings of fact and reasoning, as set forth on pages
13-20 of the Examiner’s Answer.
Appellant asserts that the “user-to-merchant” ordering system of
Green is incompatible with the “merchant-to-user” ordering system of
Foster. However, the Examiner cites column 11, lines 1-10 of Foster for
disclosing certain claimed aspects missing from Green (Exam’r’s Ans. 6-7,
16). And column 11, lines 3-6 of Foster disclose that “[t]he Merchant’s
CardFort or other software answers the call to receive the purchase data
from the cardholder’s computer, which may be in the form of delimited
text[,] and stores it in the merchant’s database.” Accordingly, for the portion
of Foster used by the Examiner to remedy the deficiency of Green, Foster
discloses a “user-to-merchant” ordering system similar to Green, showing
that at least these aspects of Foster would be compatible with the system of
Green.

DECISION
The decision of the Examiner to reject claims 1, 3-4, 6-7, 13-15, and
17-20 is AFFIRMED.

Appeal 2010-010677
Application 10/457,882

5
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv).

AFFIRMED

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