“Patent” (well, sort of) of the Week (7/13/2010): Tekelec Awarded Patent for Performing Sales Transactions Using Mobile Communications Devices
Network solutions and mobile data management provider Tekelec was awarded U.S. Pat. 7,756,788 on July 13, 2010. The patent is directed to performing sales transactions using a mobile devices without using the text messaging or paging capabilities. The claim recites using a voice call from a mobile communications subscriber – rather than a text message or page –to verify and complete the transaction.
The day before the patent was to issue, the applicant filed a petition to withdraw the case from issue.
Also on July 13, 2010, another patent issued – this one to American Express Travel Related Services Company – by the same Examiner as the Tekelec patent and in the same field, namely performing transactions between parties at remote locations. U.S. Pat. 7,756,785.
>The day before the patent was to issue, the applicant filed a petition to
>withdraw the case from issue.
Wow, that’s cutting it close. Tekelec couldn’t know for sure that the petition would be acted on in time. But Tekelec caught a lucky break — PAIR shows that the petition was granted the same day.
I’m guessing the withdrawal means an IDS will be filed, possibly citing the American Express patent. I can’t think of any other reason to withdraw.
Interestingly, Tekelec’s patent does show up on the PTO website. Will it disappear shortly, only to reappear with a different patent number when and if the patent finally does issue? Does the old patent number simply disappear?
That’s my understanding from past experience. Once withdrawn from issue, the patent will eventually disappear from the USPTO website (but of course not from cyberspace!), and the Office removes the old patent number from the file wrapper. I’d guess a new patent number would be assigned in the event the application is issued again, but I have never encountered that specific scenario. Thoughts?
Because the applicant/patentee filed an RCE, it would also be my guess that an IDS was filed.
Tekelec certainly got a fast response from the Office of Petitions in this circumstance, and that’s consistent with my findings for petitions withdrawing applications from issue after the issue fee is paid.