Datatreasury Corporation v. Wells Fargo & Company et al

Filing 748

SUPPLEMENTAL RESPONSIVE CLAIM CONSTRUCTION BRIEF filed by Keycorp, Keybank National Association, The PNC Financial Services Group, Inc., PNC Bank, National Association. (Attachments: #1 Affidavit Declaration of Geoffrey L. Smith#2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D#6 Exhibit E#7 Exhibit F#8 Exhibit G#9 Exhibit H#10 Exhibit I#11 Exhibit J#12 Exhibit K#13 Exhibit L)(Baxter, Samuel)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 748 Att. 4

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EXHIBIT C

Dockets.Justia.com

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d,

N-6IN

TIE UNITED STATEs DEPARTMIENT OF COMMIERCE
PATENT AND TRADEmARK-OFFIC

/I

Serial No.: 08/399,763 Group Art Unit: 2414 Filing Date; March 7, 1995 PATENT Examiner: James Trammel Inventor: David L. James Title: ELECTRONIC PAYMENT INTERCHANGE CONCENTRATOR BY EXPRESS MAIL RECEIPT NO. TB873092605US To: The Honorable Assistant Commissioner for Patents Washington, D. C. 20231 June 13, 1997

APPLICANT'S AMENDMENT AND REMARKS [N RESPONSE TO FIRST OFFICE ACTION
L
INTRODUCTION

This submission responds to the Official Communication mailed on December 18, 1996 resetting the time for response of an earlier communication datedZ~Noveznber 20, 1996. Reexamination and reconsideration are respectfully requested.

Il.

AmEnDwEN

In the claims:

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A.

Please cancel claims 8-10, 28-30, 32, 33, 49-51, 66-68 and 87-90 without prejudice. B. Please amend the following claims: 1.(Amended) An electronic payment interchange' COncentmator for effecting one data flsatli or more'

of the reCeptiOn, transmaiSsion, translation and storage of

containing information relating to financial instruments =d=SVdg Jamongrmuj6PIpOinsdtitfoins, said financial insftruments being exchanged between and among the institutions, comprising: a means for reeceiving a data file. from an originating institution, ddaaflcp aingminWerecar o nuaivof dIqImag-e fnnilisrmns said data file being in a first file format established by the originating institution and containing a designation bytoOigntn InsilUtign that (theJ information in the data file is to be received by (a]oZL2ormor=IhanQone predetermined institution; a processorforso"amting said co-mingled rc sdfonpca ns mn ifra ionto

the Qf

g'l2afng insiutoltyecie said -recordsa$andfor translatingthrepdjnacbu

leo

said financial instrument information nzo[in]rm ft~m said first data file format into a (second) data file format selected by the qMdQkMIxiMdx institutio'n [that is] &AWI&iA.g to receive the information,

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said processor including program means for sepaatig and bundling and for translating said records [data file]; a means for storing said bundled financial instrumfent information in (said second data file format that is) an addrrssablCmedjia where The bundled finanial instrument informato is uniquely accessible to the institution [that is] designated to receive the information;
Means for the institutin desigred to receive the information to tr=sit to and to receive, from the means. for storing- and

a means for transmitting a.bundlesf said u=Md financial instrument information from.xthe addressable storge media [in said second data file format] to the institUgod designated to receive thejifgrmatioQn.upon thexmaio gfian instruction [from the institution that is to receive the
information].

2. (Amended)

The apparatus of claim 1wherein said data file further contains identifying

information with respect to the originating institution and the [receiving] =determnined institution designated' torcivIn or more of the records in thr, data file. said apparatus fiurther including
means for:

(a) validating the identifying information of the originating institution and [the] designad receiving institution;

aidd

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(b)authenticating the financial instrument information contained in said first data file format with respect to predetermined data format parameters; and (c) determining a data file format acceptable to the dognakud [receiving] institution.

3.-(Amended)

The apparatus of claim 1, further including a security mechanimn

[procedures] for preventing 1bx unauthorized [originating. and receivin .g institutions from effecting] one or more of the reception, transmission, translation and storage of (said] financial instrument QO4ttOinformation.

4. (Amended)

The apparatus of claim 1 including a means for transmitting at kast gnn

12gWonisiLQd kunndd financial instrument information [in said second data file format] to one or more settlement mechanisms in a format acerptable to each of said one or more settlernent

mrmbanisms.
11. (Amended) Teapparatus of claimn [9)] whemein said procesAo translts~4~~

onetDgfloQnSo said [separated] financial instrument information into one or more data file formats

P~R corresponding to a [data] file format acceptable to eachgfasaid one or more [of a plurality of]
settlement mechanisms.

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12. (Amended)

The apparatus of claim 1 including an archive for storing [said] one o information and_the bundiled financial instrument

More of the co--mingled-financial instrCMe information.

13. (Amended)

The apparatus of claim I [including ameans for transmitting said financial

instrument information in said second data file format] wxhereingne ormoreMaraIte gorU saofthe b=ded nfomaio ar tanmitedIQthedeigao eci3ng nsitfi fnania istrmet upon

c~A

~

one of(aW demand fr6m the receiving institution; Wb instructions by the originating institution and

(~within a prearranged time period.

14. (Amended)

The apparatus of claim 1 wherein (said data file frther contains] Ik~

bundledJ11naciaL instrummiinf=rationincludas identifying information with respect to an account.
at an institution of first deposit in which [said] Afinancial instrument is deposited.

17. (Amended)

The apparatus of claim 1 wherein [said data fi1e,żither contains] atIrat

-nec portion of the bundled financial insftrment inforMaIWon comprises information with respect io

R

settlement instructions from said originating institution.

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18. (Amended)

The apparatus of claim 1 wherein [said data file further contains] atklat

one-portion of ftheoudled financial insrm=ent information compRise. information with respect to settlement instrutions from [said] 9z receiving institution gQgj=W&&IuQJsaid.jUle&qneLmmportign.

19. (Amended)

The apparatus of claim 1 wherein [the financial instrument is a] detin1w orta cash item is associated with at least one portion of the bundled more

inf=Woiucrnig.
financial instruments.

20. (Amended)

The apparatus of claim' I wherein [the] at least oeRrjao h ude

financial instrurnent info=ndatn..rcamspodsZi [is] one of an electronic funds transfer and a paper instrumnent.

21. (Amended)

The apparatus of claim 20 wherein [said paper instrument isJ

n2atmleston

1inmiAlinAruentinfrTntin cmprseii1frtatin cnomngone of 2gjM f te bndgd a check, money order, a share order, and a draft.

22. (Amended)

The apparatus of claim 1 wherein said finanicial instrument inf=atniir

includes detailed informnation derived from an MICR line [from which information relating to the instrument is derived].

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24. (Amended)

An elecmrnicpayment interchange concentraor for effecting one or more

of the reception, transmission, translation and storage of data files containing information relating to financial instruments among multiple institutions, ech o~ said data files contaning identifying information with respect to an originating institution and [a] mulitipl predetermined receiving institution,& said financial instrument information being exchanged -between and amongrh institutions, comprising: a means for receiving a data file from the originating*institution, said data file being mn a first file format established by the originating institution and comprising co-mingled financial. instrmentinformation intended for mulipleF receiving insatitutions, the data file furt-her including [containing] a designation that [the] specified information in the data file is to be received by [said] a predetermined regeiveng institution; a processor for: (a) validating the identiPfying information ofthe originating institution and [the] ragh receiving institution; (b)-authenticating the financial instrument information contained in said first data file with respect to predetermined data format parameters; (c) determining a data file format acceptable to [the] ogh receiving institution; [and] (d) sepgrating 'said co-mMingleCd financial instrument information into different portion associated with one or more of the multiple receiving institutions- and (g) translating. etachgnosfo

said searated4 financial instrument

information in said first data file format into a [second] data file format preselected by the receiving institution ascac1eeih

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ameans for storing said =aurade financial instrument information accordingJtoJIk

sgparg RoionsIhnM [in said second data file format, said storing means b6ing] in.a.memoar
storag&device in a manner such that each separate poRQjion is uniquely accessible to the receiving
institution associaIdbte &±

a means for tratismitting [said financial -instrument'information in said second data file format] each nRtion of sad separatd financial instrument information stored in the memory
"stor age device to, and in the format selected by. the receiving institution associated therewith; and

an archive for storing [said] one or More than gone of the co-min&led-financial
instrumen info9matin an format]. earatd financial instrument information [in said second data file Wh

25. (Amended)

The apparatus of claim 24 further including a means forTtransmitting Al

IMt one pgaijgn o said =U&md financial instrument information [in said second data file format]
-to a settlement mechanism predetermined by'one of(a) the originiting institution, (W) receiving the institution and [by] (Wagreement of the originating and receiving institutions, theportign bfing

transmitted to,the settlement mecbhuanin'being-translated into a data filefomat acceptable to said
settlement mechanism.

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26. (Amended)

The apparatus of claim 24 including a means for transmitting information,

derived from at Igast one=prton o1 said Mnarate financial instrument information, (in said second data file formatJ to I settlement mechanism in a dAta file format prdetermined by the receiving

in9Wnt bsci9l t tsW en ehim
27. (Amended) The apparatus of claim 24, further including security procedures for

preventing unauthorized [originating and receiving institutions from effecting one or more of the] reception, transmission, translation and storage of [said] My financial instrument information.

31. (Amended)

The apparatus of claim [29] U~ wherein said processor translates usaid

A6

kuIgggneporigno. said separated financial instrument information into one ornmore data file formats
[correspoinding to a data file format] acceptable to elachQo one or more settlement mechanisms IQ wc~ih the information is to be sent

34. (Amended)

The apparatus of claim 24 wherein [said] atleast Wkf portion of tha

A

~soarated financial instrument [is a] inforation CoMprises information concerning wah of one or

m~m cash items.

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35. (Amended)

The apparatus of claim 24 wherein [the] at least one portion of the ec6rd of an electronic funds

somlodo financial instrument [is one of an] infoMation copie transfer 2it [and] a paper in.strument.

36. (Amended)

The apparatus of claim 35 wherein said paper instrument [is] O=mprs

one of a pheck- money order, a share order, and a draft.

37. (Amended)

The apparatus of claim [24] 3A wherein. [said financial instrument

includes] the information relatng to the financial instrument is derived from an MICR line (from which information relating to the-instrument is derived).

39. (Amended)

The apparatus of claim 24 wherein said [data file further contains]

1 A'

financial instrment information. is a,record of ant instrument and further comprises identifying information with respect to an account at an institution of first depidsit. in which [said] ft financial instrument is deposited.

42. (Amended)

The apparatus of claim 24 wherein [said data file firther contains) atUId

one portion of the separated financial instrmMent information is associated with information with respect to settlement instructions from said originating institution.

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43. (Amended)

The apparatus of claim 24 wherein [said data file fiurther contains] at IggI

fWwjI igMen inoriatio c=ri Resinformation with respect to me o ofthe9CVjW settlement instructions for the said at least one portion from [Maid) bi~ receiving institution.

44. (Amended)

The apparatus of claim 24 further including means for enabling the

receiving institution to retrieve the gcpataMCd financial instrument infonrmation associated with the

i~ngins~ntitutign (in said second data file format] upon one of(gW demand from the receiving
institurti on, (b) instructions by the originating institution,and ()with in a prearranged time period.

45. (Amended)

A,system for effecting one or more of the reception, transmission,

translation and storage of data files between or among institutions, said data files containing cOLminalgd information about financial instruments, comprising: a communication link between an originating institution and a master processor through which an electronic data file is sent from an originating Mi'stitution, said data file being in a first file format established by the originating institution and containing-jdentifj'ing information with respect to both the originating institution and C[an] iMdhifWn institutiona that [is] =adesignated to receive differmtplwliona o the eg-Mingled financial instrument information; said processor:

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(a) validating the.identifying information of the originating institution and the receiving institutiona; (b) authenticating the cU-minazed financial, instrument information *contained in said data file in said first data format with respect to predetermined data format

parameters; (c) determining a preselected data file format acceptable to'[the] m~nh receiving institution; [and] (d) searating said co-mingled financial instrument information int differet bundl-esto be assogriated with a deaiknated1 receiving, institution: and

()translating eaQhkUndIle91 said sgRUAW~ financial instrument
information [ihi said first data file format] into a [second] data file format preselected by the receiving institution cregnigteeo

a means for temporarily storing eulkb.undICtof said Mateak financial instrument
information [in said second data file format] in memory unique to thi receiving institution alsociate

a communication link for transmitting [said financial instrument information in said second data fie format] ecbudeosadsp dfMUalitrmljfQ gnIstared in the

memory storage device to the receiving institutionAsoitdhewt;an

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an archive for storing pngeof Said co-Mingled financial instrument information and said bjmdlelsg financial instrument information.

46. (Amended)

The system of claim 45 whereiaoQne or more bundles are addressed o

behalf of the receiving instiUtion for deliver into a settlement mechanism firther including a communication link for transmidtting information derived from at least one bundle ot said separked financial instrument information [in said second data file format] to [a] IbU settlement mechanism4 said inforMation being transmitted in a data file format acgeMtUble to the. setlement mechanism.

47. (Amended)

The system of claim 45 or claim 46 in which the bUndles ar Associated

AtibaniAdftaaIfgrIze =ivin&ginstitutIimnund further including menszt enabling the receiving
institution to which th bundle is.addresed to retrieve [te financial instrument information in said -second data file formnat] said bundl in the forMat selected by said receivng institution upon one of W-idemand from the receiving institution, QLinstructions by the originating institution and W~ within a prearranged time period.

*48. (Amended)

The system of claim 45 further including security procedures for

preventing unauthorized [originating and receiving institutions from effecting one or more of the]

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reception, transmission, translation and storage of [said] My financial instrtiment information with,in the system.

52. (Amended)

The system of claim [50) 4§ wherein said processor soa=ly translates

Mor tha one bundle gt said ieparated financial'instrument information into one or more data file formats [corresponding to a data file format] acceptable to onLe.ornMor separate settlement mechanisms to which the information in tha directed.

j [Ude data file formats. are] isnsoarately differing

53. (Amended)

The apparatus of claim 45 wherein (said] at least one poDgIgn of the

scparatd financial instruent [is a) infoMation comprsel detailed informatin cocrnn etacho gneorinmor cash items.

54. (Amended).

The appartus of claim 45 wherein [the] at leaslone portion of the

scan&sId financial instrument [is one of an] information ina bundle comprjses one ormmor than one

of_= electronic funds transfer and a paper instrument.

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55. (Amended)

The apparatus of claim [54]4 wherein [the paper instrument is] at Ica

one p2orton of the bundled financial iLstnUMWn inforMation comprises detailed informatin conperning one of a gbeck. a money order, a share order, and a draft.

56. (Amended)

The apparatus of claim [45] Jjwherein the [financial instrument includes)

detailed information is dCrived from an MI1CR line [from which information relating to the instrument.is derived].

58. (Amended)

The system of claim 45 wvherein said [data file further contains] financial

s) instrumen information further comprises identifying information with respect to an account at an
institution of first deposit in which said financial instrurnent is deposited.

61. (Amended)

A process for effecting one or more of the electrnic reception,

transmission, translation and storage of data files containing information relating to cgtmingled

t A'

financial instruments among multiple institutions, said financial instrnnAents being 'exchanged between and urnoitg the institutions, comprising: receiving a data file from an originating institution, said data file ~~zzns mingled flnagcial in=strmet informationmaWdressed to multiple receiving instiutons being in a first

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file format established by the originating institution and containing a designation that [the] =cificd inform*ation in the data file is to be received by a predetermined institution; separatin g said co-mingled financal instrument information into one or more diggQft bundles of inforMation.geah of.Which is associated with.predeterined institution specified 1as the reipet of the information: translating eahh:II,o said =arated financial instrument information in said first data file format into a [second] data flile format selected by [te institution that is to receive the

ii 4 A

information] the receiving institution associated therewith:,

storing said buaWed financial instrument information [in said second data file format]
in a memory -that is uniquely accessible to the institution spCgified as the recipient ot [that is to receive] the information; and ftrnsmitting said kumdled financial iniurwent information in said [secnd] translatl data file format to the institution that isto receive the information upon one of(a demand from the institution that is to receive the information, ()instructions by thIeoriginating institution and W0 within a prearranged time period.

62. (Amended)

The process of claim 61 wherein [said data file further] elighxSCarated

bunle ffinaniainsmntinfom

ation [containing] cofntins identifying information with respect

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to both the originating institution and the institution that is desigenattid to -receive(the information]

63. (Amended)

The process of claim 61 wherein said [data file fturther contains] financial

jD=mnt±informWn1firtsherrcomdm~ identifying information with respect to an account at an
institution of first deposit in which [said] atUlegg.ong financial instrument is deposited..

64. (Amended)

The process of claim 61 Airther including the step of performing Asecurity

mutbQrizitananprocedure[s] for limiting only authorized originating.and receiving institutions to effect one or more of the reception, transmission, translation and storage of (said] my~ financial instrument information.

65. (Amended)

The process of claimi 61 including the step of transmitting information

derived from at leaWt one portion of said hundws financial instrunient-information to a settlem ent mechanism in a data file format acceptable to said settlement mechanisrn.the stej pf transmitting including the step of designating by aLzWyiing institutionMthe settlemet mechanlismato whichbthe information should be sent.

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69. (Amended)
~

The process of claim [67]

further.including the step of translating said

at least one portion of the, separated financiail instrument information into one or more data file formats corresponding to a data file format acceptable to eachsg one or more [of a plurality of) settlement mechanisms to whbich the pWorins are sent

72. (Amended)

The process of claim [61]

i further including -validating [te] identifying

information of the originating institution and [the] each of the multiple receiving institutionm; authenticating the co-minu1l financial instrument information contained in said first data file format

with respect to predetennined data format parameters; and-determining a preselected data file format acceptable to -[thc] jUh receiving institution.

AOLa
73. (Amended) The process of claim 61 further including [Me archival storage of said financial Instrument information.] stoing one of said co-mingled-ln=nial instrument information and said buodled financial instrment information for an archival proe

74. (Amended)

The process of claim 61 firther including enabling [the] MQI receivinig

institution to retrieve the bundle of the serarated financial instrument information wihwihec

iaas~iadin [said second] a data file format Cgmpatible with Raid recei3jng instiUtion upon one'

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of (Wdemand from the institution that is to receive the information, originating institution and (&Iwithin a prearranged time period.

bYinstructions by the

75. (Ameżnded)

The process of claim 61 wherein [the] 4least one portion of the seprate

financial instrument [is a] information comprises detaled inforM&tionron;ernin& each of one or

momi cash items.

*76. (Amended)

The process of claim 61 wherein the financial instrument (is one of an]"

N"4information comprises inforation of an electronic fuinds transfer and&~ a paper instrument.

77. (Amended)

The process of claim 76 wherein the paper instrument (is] fingngwi

insturnent information comprises dejaICedinf=ration concerMing -one of a Ch§Qk.a money order, a share order, and a draft.

78. (Amendedj

The process of claim [61] 71 wherein the financWa. instrumentijnfgrmwign

includes &tIailedinformatiandcdiygdifrm an MICR line [from which information relating to the
instrument is'derived].

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80. (Amended)

A process for effecting one or more of the reception tasmission,

traAslation and storage of data files containing information relating to financial instruments among multiple institutions, said financial instruments being exchanged between and among the institutions, comprising: receiving a data file from an originating institution, said data file being in a first file format established by the originating institution and containing [a designation that the information in the data file is to be received by a predetermined institution] co-MiCgled financialg in~t~mn

infmatQniMoed

mdykx=Iugjuatulon and identifying UQAjosgf the, information

with respect to the originafing institution [and] astQ cadko the MultI121 receiving institutions-to

A

~~which one or more than age portion is to be set

validating th6 identifying information of the,originating institution and gUh gf the receiving institutions; authenticating thle co-minahll financial instrment information contained in said first data format with respect to predetermined data format parameters; determining a preselected data file format acceptable to [thej ju~h receiving institution; performing security procedures for limiting only authorized originating and receiving institutions to effect one or more of the reception, transmission, translation and storage of said financial instrument information;

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separating the co-mingled financial instrument information into diffrent portions corresponding to eah reeivinga insbtiUtion: translating e0g prtionxof said data file in said first file format into a [second] file format selected by the receiving institution; storing Isaid data file being in said second file format] each port'gn of the separated, finang~iAIin=mgtnIntinfomaim in a nmemory storage devicp unique to -the [designated] receiving

institution correspondingthereto; transmitting [said data file being in said second file format] cach,poflion QfIhe
separated financial instrument information stored in the memory storage device to,nninifl foy$m±zkcteiby, the receiving institution [and to a settlement mechanism] wacorpes * and storing [said data file in said second data format] one of said co-mingied financial instrMent inforlnation And said searagted financial insruent information for an archival purpose[s]. dinegthereto;

81. (Amended)

The process of claim S0 further including enabling [the] mch~ receivitig IbMrddfinancial instrument information [in sad second ng instiution.upon one of Wa demand from the

-.mstitution to retrieve the Rrga

data file format] ggspondjaudgAt g..it r"i

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to institution that is receive the information, k)instructions by the originating institution and ) within a prearranged time period.

82. (Amended)

The process of claim 80 wherein (the] at least one portion. of the separated ingech of one or

financial instrumnent [is a] information comprises detailed finformnation cocr

wmar cash itemna.

83. (Amended)

The process of claim 80 wherein [the] atleastone porfion of the separatd

fiancial instrument [is one of an] informlation coMprises an electronic funds transfer [and a paper instrment].

84. (Amended)

The process of claim [83] IQWherein [the paper instrument is] at.lradQoU

one of a check.a money order, a share order, and a draft.

85. (Amended)

The process of claim [801 BZ wherein the [financial instrument includ6s]

detailegd information is derived from an MICR line [from which information relating to the instrument is derived].

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91. (Amended)

The process of claim 189] _al fbrther including the step of translating at

$4

fleastQonefportign~ said separated financial instrunentinftnnation into one or more data file formats correspo nding to a data file format acceptable to (differing] eVac -of or More settlement* one mechanisms.

07

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III.

REMARKS

A.

Drawings The Draftpersonfs objections to the drawings are noted. Applicant requests that corrections

of the drawings be deferred pending allowance of the subject application.

B.

Claims The acronym for the present invention is EPIC, "Electronic Payment Interchange

Concentrator."

EPIC has the ability to receive co-mingled data files relating to individual

,transactions (whether the transactions are effected electronically or by a paper instrument) in a preferred data format of an originating sender and to bundle and translate the individual transaction data files and send themn to pre-designated recipients, such as a payor bank or a clearinghouse, in a tile format compatible with the recipient. EPIC works with multiple originators and multiple

recipients, efficiently sorts and translates files and achieves efficiencies in speed and in the reduction of file handling in transaction processing. by financial institutions. EPIC is a product of Huntington Bancshares, assignee of the present application, and the owner of L4!nited States Patent No. 5,265,007, Barnhard "fl.,cited as a reference herein. As related in the Specification at pages 1 through 8, EPIC solves a bottleneck in electronic commerce among financial institutions by processing discrete records of financial transactions (paper or electronic) and bundles and translates the records (which may be the transact-ion itself) for

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transmission to designated recipients in a format acceptable to the recipient. Bilateral incomnpatibility which has presented a barrier to clearing commerce iseliminated; record handling is reduced; and clearing time is shortened, all resulting in consequent benefits to the industry, its customers*and the consumer. While the Barnhard cl-1. system advanced the art'of clearinghouse transactions, EPIC goes beyond clearing and facilitates bilateral transactions that have previously been impractical, if not impossible to effect. Claims 1-7, 11-27, 31, 34-48, 52-65, 69-86, and 91 are now in the apjżlication. Favorable reconsideration and allowance of these clams is respectfully requested. The numbered paragraphs of the Office Action are separately addressed below

Office Action, ¶2. Claims 1,4-21, 61-63, 65-69, 70- 71 and 73- 77 were rejectedyun4er 3S U.S C. 103(a) as beinj unparentableoverBarnhard(5,2 65,007) in view of Sansone (5,050,078). Independent claims 1 and 61 have been amended to clarify, the description of, and to particularly point out, the invention and also to include elements of cancelled claims 8-10 and 66-68, respectively. The amended independent claims 1 and 61 relate to apparat4q, a meins and processes for receiving a data file ihat comprises several portions, or bundles, of financial instrumeht hiformation, one or more of which portions or bundles are intended for one recipient and others of which are intended for other recipients; a processor for or the steps of sorting and translating those

'Claims 8-10 and 66-68 have been cancelled.

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portions according to recipient designations made by the originating institution; storing the various portions so that only the portion associated with a particular receiving institution isaccessible to that institution; and the transmission of the portion corresponding to a particular receiving institution to that'institution upon specific instruction. In this manner, the present inventio,n permits the

originating institution to co-mingle financial instrument information intended for multiple recipients in a single data file. Further, the present system is adapted to process, store and transmit the data file in such a manner that only the portion or portions intended for a particular redipient reaches that recipient. While Barnhard and Sansone disclose systems that presumably perform some allocating or routing fuinction, they do'so on aggregate data filIes received from the various originating institutions or entities. They do not disclose a capability of receiving a data file containing co-mingled information, some portion of which is intended for one recipient and other portions of which are, intended for other recipients that require differing data formats for the file information. The cited references do not separate the individual transaction records in on&ż data file into different portions according to recipient, nor do they disclose the transmnission of less than.qjl of a §ent data file to a recipient in a system where the data is translated according to the requirements of the recipient. Barnhard discloses a clearinghouse which receives and processes data files from member

financial institutions. Banks A and B, for example, may separately transmit information to the
clearinghouse concerning the checks each of them is separately sending to Bank C. To credit the

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accounts of A and B properly and debit the account of C, Barnhard's clearinghouse allocates the financial instrument information among its internal member accounts. However, this allocating or routing function, if considered as such, is among already sorted data files. Sansone's gateway receives data files from several mailers, postal agents, post offices and banks and is, presumably, able to properly route these separate data filesi. Like, Barnhard however1 this allocation function appears to be performed on each data file as a whole, rather than on separate parts or bundles contained in a single file. Upon occasion, one of the entities will'send the same information to more than one of the other entities (Col 5, lines 1-3 and 41-42), but this operation does not require the separation of a data file into different portions. The information which

Sansone's entities are sending and receiving relates to operations which are substantially sequential in time (obtaining and printing addresses, sorting the mail, determining its quantity and. deliverability, assessing postage, debiting and crediting accounts). Since the originating entity is unlikely to have more than one bundle of information ready for transmission at any given point in time, there is no apparent need for the originating entity to include diffirent bundles of information intended for different recipients in the sonic data file. Thus, one woUld not be motivated by.' Sansone's teachings to provide a means for, receiving a single data file containing co-mingled different portions of information for different recipients or a processor for sorting and translating these portions according to a recipient's data format.

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Accordingly, it may be appreciated that the present invention, as defined in amended independent clainms'l and 61, provides an apparatus and process enabling an institution which desires to transmit different bundles of financial instrument information to other institutions in translated data formats with the means and method of doing so in a manner neither disclosed nor suggested by the two references. Neither cited reference includes any suggestion or motivation for a modification that would lead, as obvious, to the present claimed invention. Dependent claims 4, 11, 65, 69 have been amended to indicate that the present-invention provides a means for, or the step of, transmitting or translating at least one portion of the separated financial instrument information to one or more settlement mechanisms in format(s) acceptable to the settlement-mechanisms. In other words, the present invention allows the user to designate one or more portions of the. data file to be sent to a settlement mechanism, In Barnhard an entire. settlement data file is sent to the clearinghouse mechanism. Sansone is silent on settlement mechanisms. In this context the claimed invention is not a suggestion from Barnhard; the claimed invention is a mechanism that is different in character as it begins with the individual records intended for a recipient, and it can also transmit the bundled and franslatedspecords into a settlement mechanism such as Barnhard, on behalf of the recipient. Claims 5, 6 and 7 recite, respectively, that the settlement mechanism is predetermined by the originating institution, the receiving institution and by agreement of the originating and receiving institutions. In other words, the present invention allows the originating and receiving institutions,

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or both of them, to determine the settlement mechani sm to which the translated and bundled data is sent.. Barnhard teaches that all members of the clearinghouse association must use the settlement mechanism disclosed therein. There is no choice in.Bainhard; neither the originating nor receiving institutions can determine the settlement mechanism, either separately or by agreement between them. And again, Sansone is silent on settlement mechanisms. Claims 12 and 73 .rc amended to define the present invention as providing an archive for, or the step of storing, either the co-mingled financial instrument information or the separated' financial instrument information. The present invention stores al of the financial instrument

information from the data file created by the originating institution, either in its cb-mingled state or in its separated state, in an archive. Neither Barnhard nor Sansone teaches a system which can receive and separate a data file containing co-mingled information. Thus, neither of these systems. store that which they do not receive or create. Amended clAims 13 and 74 point out that the transmission of each translated portion of the separated financial instrument information to the receiving institution corresponding thereto occurs: when the receiving institution asks for it, at a.time selected by the originao~ng institution or within a prearranged time period. In Barnhard and Sansone, transmission of information from'thie originating institution to the receiving institution via the clearinghouse or gateway is not selectable. Claims 14, 15, 16, 63, 70 and 71 are directed to the inclusion in the financial instrument information of identifying information concerning an account.in which a finacial instrument is first

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deposited. Barnhard's clearinghouse does transmit files to a bank of first deposit, but the clearing is a clearing of physical instruments such as checks which are physically transported to the clearinghouse. The present invention can be used as a "front end" to Barnhard.
--

to receive

transaction records and then to translate and send the records to the clearinghouse as a cash letter with substantially, less detailed financial instrument intnnmation. Sansone does not relate to the bank of flist deposit for financial instruments. Claims 17 and 18 are directed to the inclusion of settlement instructions in the data file. In -Barnhard all participants follow the same procedures to effect settlement in a mutual clearinghouse; there would be no reason for the participants to communicate settlement instructions to one another as settlement, accomplished by the physical exchange of checks, is already a given. -Sansone teaches nothing about settling financial instruments. Claims 19, 21, 75 rand 77 define the ability of the present invention to receive, separate, transate, store and transmit detailed information concerning each of one or more cash items, money orders, share orders and drafts. "Detailed information" means a pl urality of particulars associated with a financial instrument. including, without limitation, any of the details.mentidned on pages 10 and 20 of the present application, namely, WiR line data, bank of first deposit trace number, account numnber associated with the bank of first deposit, sender bank trace number,ż dOllar amount, AKA trace number, image location and instrument location. Barnhard and Sansone do not disclose the handling such information in an addressable translation system as in the claimed invention.

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Barnhard discloses a centralized clearinghouse system; the member banks transmit the following inforrmation to their central clearinghouse: the facts of shipment or receipt of checks and cash letters (0o1. 2, lines 1-7) and the aggregate value of checks shipped or received (Cal. 2, lined 31-46; 061. 4, lines 19-23; Cal. 5, lines 63-66;'Col. 6, lines 25-27; Cal. 7, lines 14-22). There is one statement in.Barnhard that member banks can transnmit information concerning adjustments and return items through their clearinghouse (Col. 2, lines 5 1-54), but Barnhard is foremast a settlement system for determining aggregate amounts and balances; Barnhard is not directed to the processing of information about individual financial instrument records. Barnhard provides no motivation for receiving detailed or particularized information. Barnhard monitors debiting and crediting functions based on a total dollar amount of checks, the identity of the institution sending the checks and the identity of the institution receiving the checks. For any more information about a particular check, the checks themselves which are physically transported and exchanged contain all of the detailed information. Because the checks are exchanged, the member banks will have all of the detailed information concerning each check upon receipt of the check. Sangone's disclosure has nothing to do with cash items. Claims 20 and 76 define the present invention's ability to receive, separate; translate, store and transmit electronic funds transfers. Barnhard's 'clearinghouse relates to physical checks', not electronic funds transfers. Barnhard requires the physical transfer of checks between financial

institutions (Col 3, lines 15-16) and-strict adherence to procedures and timing requiremenits (Cal.

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2, lines 62-63).- An electronic flunds transfer is operative without a physical transfer of a paper item. Barnhard also indicates that wire transfers are handled through the Federal Reserve Bank or as private transactions between banks. Barnhard's clearinghouse is intended to reduce or eliminate such wire transfers (C61. 4, lines 54-59). Again, however, these are aggregate amounts, not co-, mingled records of individual transactions. Sansone teaches electronic funds ftrnsfers of a kinud which fall outside the scope of "financial instruments" as that termn is used in the present application. In Sansone, a postal agent notifies a bank via Sansone's gateway to transfer funds from the account of a mailer to the account of a post office. The funds, however, are never in the, hands of the postal agent. The transfer is simply

between accounts within one bank (Col. 3, line's.20-23) and, in this respect, is analogous to an electronic bill paying operation. Claim 62 has been amended to indicate that each portion of the separated financial instrumen¶t information contains identifying' information with respect to the originating institution and the receiving institution corresponding thereto. Neither Barnhard nqr"Sansone suggest the apportionment of a single data file among multiple recipients. In view of the foregoing distinctions, applicant submits that the claims 1, 4-7, 11-21, 61-63, 65-69, 70-71 and 73-77, as amended, are patentably distinguishable over Barnhard and Sansone and should be allowed.

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Claims 2 and 72 were rejected under 3S USC.'10$(a) as being Office Action, 13: unpatentable over Barnhardin view ofSansone as appliedto claims I f7nd 61 andfurther in view of official notice. Claims 2 and 72 have been amended to indicate that the validation, authentication and format determination functions are performed with respect to each of the multiple receiving institutions addressed in a single data file. As discussed more extensively above with respect to the patentability of claims 1, 61 and 62 (upon which 72. depends), neither Barnhard nor Sansone teaches or contemplates a data file containing different portions intended for multiple receiving institutions. While validation, authentication and format determnination functions may be separately known in other computer-related.contexts, the combination and adaptation -ofthese functions to the exchange and translation of financial instrument information at a centralized point, and in the manner expressly stated in claims 2 and 72, is an advance over, and was not contemplated by, the cumbersome'
procedures of bi-lateral exchange and physical transfers that were done, or may not have been possible in the first instance, before. Accordingly, claims 2 and 72 further distinguish the present invention over the cited prior art.

Office Action, ¶ 4. Claims 3 and 64 were rejected under 35 US&C. 103(a) as being unpatentableover BarnhardInview of Sansone as applied to claims I and 61 andfurther in. view ofofficial notice.

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Dependent claims 3 and 64 define that security procedures are performed with respect to each portion of the co-mingled financial instrument information. In this manner, the originating institution may be advised in the event that a portion directed to an unauthorized receiving institution is inadvertently inserted while creating the data, file. As discussed more extensively above with respect to the patentability of claims 1 and 61, neither Barnhard nor Sansone teaches or contemnplates a data file containing different portions intended for multiple receiving institutions. Barnhard

relates to a common clearinghouse where physical items are exchanged and to a monitoring mechanism. While security procedures are noted in Barnhard and may be used in other comiputerrelated contexts, the adaptation of security procedures to EPIC, as defined in independent claims 1 and 62 is not suggested by the cited references or notice of the art.

Office Actlion, ¶S: Claims 22-23 and 78-79 were rejected under 35 U.S.C. 103(a) as being unpatentableover Barnhardin view of Sansone as'appliedto claims I and.61 andfurther in view of official notice.

Claims 22 and. 78 relate to inforniation in an MICR line found in a paper instrument and claims 23 and 79 define the particular details found on an MICR line that are processed by the electronic payment interchange concentrator. As discussed more fuly above with respect to the patentability of claims 19 and 62, Barnhard and Sansone do not relate to systems that receive and translate a data file containing individualized detailed financial instrument information. The adaptation of MICR informnation to EPIC where a co-mingled tile has instruments intended for

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multiple recipients having different data format requirements, as particularly stated in claims 22, 23, 78 and 79 is not suggested by the cumbersome prior art procedures.

*Office Actioi;, ¶6: Claims 24-26, 28-36, 39-44, 45-47, 49-55 and 58-60 were rejected as'being unpatentableover BarnhardInview of Sansone and official notice. under 3S U S C. 103 (a) *Independent claims 24 and 45 have been amended in the manner of claims 1 and 61 and therefore differ from the cited prior in all of the aspects discussed above with reference to claims 1 and 61. The validation and authentication functions that have been combined with and adapted to the EPIC system of claims 24 and 45 have been previously distinguished. EPIC accomplishes that which has not-previously been done before
--

the exchange of data files of co-mingled individual

transaction records where file format requirements of the sender and multiple recipients are different. Claims 25 is additionally distinguished in that EPIC allows a settlement mnechanism and an associated file formit to be predetermined. See remarks above in support of the patdntability of claims 5-7. Claims 26, 31, 46 and 52 have been amended to specify that separated portions' of the information and their transfer to settlement mechanisms in a specified data formnat is accomplish6d in the EPIC system. See the remarks above in support of the patentability of claims 4, 11, 65 and 69.

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Claims 4243 likewise specify apportioned information and instmections from the originating and receiving institutions with regard to settlement instructions. In EPIC, the subject matter claimed is distinguishable from, and nonobvious in view of, the prior art for at least the reasons expressed above in support of the patentability of claims 17-18, Claims 34, 36, 53, And 55 respectively relate to particular cash items and paper instruments in EPIC. As to the processing of cash items, checks, money order, share orders and drafts, the subject matter is distinguishable 'for at least.the reasons as expressed above in support of the patentability of claims 19, 21, 75 and 77. Likewise, claims 35 and 54 relate to electronic fuind transfers (paperless) in EPIC and are distinguishable over the cited prior art for reasons expressed above in support of the patentability of claims 20 aind 76. Similarly, claims 39-41 and 58-60 relate to the translation and transmission of data files relating tb the bank of first deposit for the instruments sorted and additionally distinguish the invention over the prior art as are claims 14-16, 63 and 70-7 1 so distinguished. In claims 44 and 47 the ability of EPIC to provide for the retrievaI of specified portions of the separated and translated financial instrument information to the,,Feceivin'g institution is particularly set forth. See the reasons as expressed above in support of the patentability of claims 13 and 74.

Office.Actio?; ¶7: Claims 27 and 48 were rejected under 35 U.S. C 103 (a) as being unpatentable over Barnhardin view of Sansone andofficial notice.

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Claims 27 and 48 relate to the additional incorporation of security procedures in EPIC and are distinguishable over the cited prior art for reasons expressed in support of the patentability of claims 3 and 64.

Claims 37-38 and 56-57 were rejected under 35 U.S.C. 103(a) as Office Action, ¶8: being unpatentable over Barnhardin view of Sdnsone andfurther in view of official notice, Claims 37 and. 56 point out the particular, apportioned manner in which the present invention incorporates MICR line information in EPIC. Claims 38 and 57 depend upon claim-s 37 and 56, respectively, and recite the particular details of the information used by EPIC that is derived from an MNUCR line. These claims are distinguishable over the cited prior art as are the independent. claims and/or for the saape reasons expressed in support of the patentability of claims 22-23 and 7879.

Claims 80-84 and 87-91 were rejected under 35 US.C. 103(a) as Office Action, T19: being unpatentable over BarnhardIn view of Sansone and official notice. Independent claim 80 has been amended in the same maimer as claims 1 and 61 and therefore differs from the cited prior in all of the aspects discussed above with reference to, claims I and 61. While validation and authentication fimcdions and security procedures may be separately knownpx

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j~in other

contexts, the combination and adaptation 6f these functions and procedures in present the

invention, and in the maimer expressly stated in claim 80 as it relates to EPIC accomplishes that which was not co ntemplated or suggested by what was done before. Claims dependent on claim 80, namely claims 8 1-84 and 91, respectively detail the manner in which the present invention enables transmission of each portion of the separated and translated financial instrument information to the receiving institution associated therewith (claim 81); ,the manner in which EPIC handles detailed financial instrument information concerning cash items, checks, money orders, share orders and drafts. (claims 82 and 85); the handling of electronic funds transfers (claim 83); and the manner in which the present invention transmits financial instrument information to one or more settlement mechanisms (claim 9 1)in translated format. These claims are distinguishable over the cited prior art for at least the same reasons as expressed above in support of the patentability of claims 13 and. 74 (claim 81); 19, 21, 75 and 77 (claims 82 and 84); 20 and 76 (claim 83) and 4, 11, 65 and 69 (claim 91).

Office Action, I it; Claim's 85-86 were rejected under 35 U{S. C. 103(a) as being unpatentable over Barnhardin view of Sansone andfirther in viewiv of official notice. These process claims again relate to the use of MICR line information and particular details of information incorporated by the present invention from an MICR line in EPIC. Both of these

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claims are distinguishable over the prior art for reasons expressed above in support of the patentability of claims 22-23 and 78-79. 0 00

Accordingly, it is respectfully submitted that claims 1-7, 11-27, 31, 34-48, 52-65, 69-86 and 91 are patentably distinguished aver the prior art and are in condition for allowance.. It is

respectfully requested that these claims be allowed and that this ap plication be passed to issue. Respectfully submitted,

June 13, 1997 Edwin M. Baranowskci Reg. No. 27,482 PORTER, WRIGHT MORRIS & ARTHUR 41 South High Street Columbus, OH 43215 614-227-2188 and Win. Cates Rambo Reg. No. 29;694 PORTER, WRIQGHT MORRIS &ARTHRR 250 East 5th Street, Suite 2200 Cincinnati, OH 45202-4199513-369-4250 Attorneys-for applicant

CMUMUMIWUM01

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CERTIFICATE OF FILING EXPRESS MAIL I hereby certify chat Applicant's Amendment and Remarks in Response to First Office Action was filed with the United States Patent and Trademark Office by mailing the. same via

U.S. Express Mail Receipt No. TB873092605UJS postage -prepaidi, this 13th day of June, 1997 to:
Honorable Assistant Commissioner for Patents Washington, D.C. 20231

Edwin M. Baranowski Attorney for Applicant

4

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ST

MORS&ATU PORTER, WRIGHT,
Nationwide! 800b533.2794

EDWIN 14.BARANOWSKIJ=Q:61-V20

PATEN13 AND TRADEIAW

614-227-2188 obamnowskisponerwriSht,com

2

June 13, 1997 The Hon. Assistant Commissioner for Patents Washington, D.C. 20231

a

F

PATENT In re: Serial Number: 08/399,763 *Group Art Unit: 2414 Filing Date: March 7, 1995 James Trammel Examiner: David L. James Inventor: Titide: ELECTRONIC PAYMENT INTERCHANGE CONCENTRATOR, Dear Sir: Enclosed for filing are: (1) (2) (3) Applicants Amendment and Remarks in Response to First Office Action. Applicants Request for an Extension of Time for Three Months and ' Authorization re:'Deposit Account (2 copies). Our postcard receipt.

'Please acknowledge receipt of the foregoing by so indicating on the enclosed postcard 'which we ask that you return to us for our file. Very truly yours,

Edwin M. Baranowski. Reg. No. 27,482 Attorney for Applicant. Enclosures (As stated.)

Cincinnati @Cleveland * Columbus 9 Dayton , Naplej, Flż o Wadtington, DC