Ex Parte Lutnick et al

Patent Trial and Appeal Board

May 1, 2017

13176447 (P.T.A.B. May. 1, 2017)

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.
13/176,447 07/05/2011 Howard W. Lutnick 06-2000-C2 4620
63710 7590 05/03/2017
INNOVATION DIVISION
CANTOR FITZGERALD, L.P.
110 EAST 59TH STREET (6TH FLOOR)
NEW YORK, NY 10022
EXAMINER
COLLINS, DOLORES R
ART UNIT PAPER NUMBER
3711
NOTIFICATION DATE DELIVERY MODE
05/03/2017 ELECTRONIC
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.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
patentdocketing @ cantor.com
lkoro vich @ c antor. com
phowe @ cantor.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte HOWARD W. LUTNICK, DEAN P. ALDERUCCI, and
GEOFFREY M. GELMAN
Appeal 2014-02118
Application 13/176,447
Technology Center 3700
Before CYNTHIA L. MURPHY, KENNETH G. SCHOPFER, and
AMEE A. SHAH, Administrative Patent Judges.
MURPHY, Administrative Patent Judge.
ON REQUEST FOR REHEARING
The Appellants request that we reconsider our decision of March 16,
2017 (“Decision”) affirming the Examiner’s rejection of claims 1—18 under
35 U.S.C. § 101 for failing to recite patent-eligible subject matter. Out of an
abundance of caution, we will designate our affirmance as a new ground of
rejection under 37 C.F.R. § 41.50(b). Our analysis in the Decision, and
findings of the record related thereto, are hereby adopted for this new ground
of rejection.
DECISION
The Appellants’ Request for Rehearing is GRANTED.
Appeal 2014-02118
Application 13/176,447
TIME PERIOD FOR RESPONSE
This decision contains new grounds of rejection under 37 C.F.R.
§ 41.50(b) which provides that a new ground of rejection “shall not be
considered final for judicial review.” WITHIN TWO MONTHS FROM
THE DATE OF THE DECISION, the Appellants must exercise one of the
following two options with respect to the new grounds of rejection to avoid
termination of the appeal as to the rejected claims:
(1) Reopen prosecution. Submit an appropriate amendment of the claims so
rejected or new evidence relating to the claims so rejected, or both, and have
the matter reconsidered by the Examiner, in which event the prosecution will
be remanded to the Examiner;
(2) Request rehearing. Request that the proceeding be reheard under § 41.52
by the Board upon the same record.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 C.F.R. § 1.136(a)(l)(iv) (2014).
REHEARING GRANTED
2