Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
The following is a Final Office Action in response to communications received December 2, 2025. Claims 2, 10, 12, and 18-21 have been cancelled. Claims 1, 3-9, 11, 13-17, and 22-32 are currently pending in the instant application. Applicant elected claims 1-4, and 10-18 without traverse on December 12, 2011, after a restriction requirement. Claims 5-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a non-elected invention, there being no allowable generic or linking claim. Applicant is herein being requested to cancel the withdrawn claims in a future correspondence. Claims 22, and 32 have been amended. Claims 1, 3, 4, 11, 13-17, and 22-32 remain pending and examined. The response to arguments and rejections are stated below.
Response to Amendments and Arguments
As to the rejection of Claims 1, 3, 4, 11, 13-17, and 22-32 under 35 U.S.C. § 112, Applicant’s arguments and amendments have been fully considered and are persuasive so this rejection is thereby withdrawn.
As to the rejection of Claims 1, 3, 4, 11, 13-17, and 22-32 under 35 U.S.C. § 101, Applicant’s arguments and amendments have been fully considered but are not persuasive. Applicant argues that the claims do not fall under an abstract idea, specifically “methods of organizing human activity” and “fundamental economic principles or practices”. Examiner disagrees. The claims fall under the category of “organizing human activity” even though there is an interaction between a main server and a user terminal. In the current claims, users are given a benefit based on interactions with displayed content and satisfying proficiency criteria which is categorized in Certain Methods of Organizing Human Activity, as it relates to advertising, marketing, or sales activities or behaviors and “fundamental economic principles or practices (including entering into a mutual agreement or contract)”. The claims then do not integrate the abstract idea into a practical application, but rather is receiving and processing data and then outputting the results which merely adds the words “apply it” through use of a generic computer. This does not go beyond “apply it” and thus simply relying on a computer to perform routine tasks or calculations more quickly or more accurately is insufficient to render a claim patent eligible. See Alice, 134 S. Ct. at 2359 (“use of a computer to create electronic records, track multiple transactions, and issue simultaneous instructions” is not an inventive concept); Bancorp Servs., L.L.C. v. Sun Life Assur. Co. of Can. (U.S.), 687 F.3d 1266, 1278 (Fed. Cir. 2012) (a computer “employed only for its most basic function . . . does not impose meaningful limits on the scope of those claims”); cf. DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258–59 (Fed. Cir. 2014) (finding a computer-implemented method patent eligible where the claims recite a specific manipulation of a general-purpose computer such that the claims do not rely on a “computer network operating in its normal, expected manner”). Examiner argues that the claims do not amount to significantly more because the limitations, in effect, merely add the words “apply it” to the “the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). The additional elements do not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment.” Examiner maintains that in the current claims, the computer is used as a tool to implement the abstract idea. The rejection is thereby maintained.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3, 4, 11, 13-17, and 22-32 are rejected under 35 U.S.C. §101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) a method for providing a network service on an electronic communications network:
wherein access to the network service for providing is provided as a benefit to a user based on a satisfaction of one or more criteria, the satisfaction indicative of a predetermined level of proficiency by the user
wherein machine controlled network transmissions between a network user node for the user and at least one network site of one or more network sites provides the network service to, the network user node,
wherein the at least one network site includes one or more processors, one or more memories, and one or more programs stored in the memories and configured to be executed by the one or more processors
wherein the user network node, is provided with network access, for one or more network sessions, each of the network sessions including a corresponding one or more of the network transmissions between the network user node and the at least one network site, the corresponding one or more network transmissions for performing the network session by machine control, comprising;
providing machine executable program code for execution with a network application at the network user node, wherein the network application accesses the at least one network site for providing the network service to the network user node and provides one or more display representations for the network service in a graphical user interface at the network user node during the execution of the program code, wherein the user has a plurality of interactions with the display representations wherein at least one of the interactions comprises positioning a pointing user input, without a corresponding selection user input, at a position on at least one of the display representations, wherein the network transmissions include information from the at least one network site to the network user node, and wherein the information is electronically stored on the network user node;
upon the execution of the program code with the network application, activating at least a portion of the program code to (a) monitor the interactions with the display representations and transmitting one or more corresponding responsive transmissions of data indicative of the interactions to the at least one network site, and (b) instruction for accessing access user data from a local machine storage for the network user node, the user data for (interpreted as intended use) the at least one network site for comparing the user data with previous user-related data;
wherein the interactions include electronic interactions of the user with at least a portion of the display representations, wherein the data indicative the interactions includes an indication of one or more of: (i) an amount of time of the interactions, (ii) a number of the display representations with which the user has at least one of the interactions, and (iii) a frequency of the interactions, and wherein the indication indicates a progress towards the satisfaction of the one or more criteria;
receiving, via the electronic communications network, the corresponding responsive transmissions of the data indicative of the interactions;
evaluating the one or more criteria according to machine instructions executed at one of the network sites for determining the satisfaction of whether the one or more criteria are satisfied, wherein execution of the machine instructions includes a machine comparison of one or more predetermined indications of user interactivity with the data indicative of the interactions; wherein when the one or more criteria are not satisfied for the predetermined level of proficiency, not providing the benefit; and
wherein when the one or more criteria for the predetermined level of proficiency are satisfied, providing the benefit.
The portion in bold contain an abstract idea and is akin to the subject matter groupings of “certain methods of organizing human activity”, and “fundamental economic principles or practices (including entering into a mutual agreement or contract)”. This judicial exception is not integrated into a practical application because the claims (independent and dependent) do not contain limitations that are indicative of integration into a practical application but merely adds the words “apply it”. Adding the words “Apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). For instance, providing a network service on an electronic communications network: wherein access to the network service for providing is provided as a benefit to a user based on a satisfaction of one or more criteria, the satisfaction indicative of a predetermined level of proficiency by the user wherein machine controlled network transmissions between a network user node for the user and at least one network site of one or more network sites provides the network service to, the network user node, wherein the at least one network site includes one or more processors, one or more memories, and one or more programs stored in the memories and configured to be executed by the one or more processors wherein the user network node, is provided with network access, for one or more network sessions, each of the network sessions including a corresponding one or more of the network transmissions between the network user node and the at least one network site, the corresponding one or more network transmissions for performing the network session by machine control, comprising is merely “apply it” with the extra solution activity of transmitting data. Other than reciting the use of an electronic communications network, network user node, network site, one or more processors, machine, machine recording, and graphical user interface, with the judicial exceptions, the claims merely use instructions to implement the abstract idea on a computer or merely uses an electronic communications network, network user node, network site, one or more processors, machine, machine recording, and graphical user interface as a tool to perform the abstract ideas. As such, the claims include an abstract idea. When considered as a whole, the claims (independent and dependent) do not integrate the exception into a practical application. Further, none of the limitations recite technological implementations details for any of the steps but, instead, only recite broad functional language being performed by the generic use of at least one processor. Insurance transactions is a fundamental economic practice long prevalent in commerce systems. If a claim limitation, under its broadest reasonable interpretation, covers a fundamental economic principle or practice but for the general linking to a technological environment, then it falls within the organizing human activity grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The instant recited claims including additional elements do not improve the functioning of the computer or improve another technology or technical field nor do they recite meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. For example, independent claims 1, 22, and 32 recite a processor, memory, and a network which is not “substantially more” than a general purpose computer, and therefore merely include instructions to implement an abstract idea on a computer or merely uses a computer a as tool to perform an abstract idea. The additional elements do not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. The dependent claims have also been examined and do not correct the deficiencies of the independent claims. Therefore, claims 1, 3, 4, 11, 13-17, and 22-32 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRENE S KANG whose telephone number is (571)270-3611. The examiner can normally be reached on Monday through Friday between M-F 10am-2pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matt Gart may be reached at (571)-273-3955. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IRENE KANG/
Examiner, Art Unit 3695
1/6/2026
/EDWARD CHANG/Primary Examiner, Art Unit 3696 01/09/2026