DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The following is a Final Action in response to communications received October 14, 2025. Claim(s) 1-40 have been canceled. No Claims have been amended. New claims 41-57 have been added. Therefore, claims 41-57 are pending and addressed below.
Priority
Application 16177317 filed 10/31/2018 and having 2 RCE-type filing therein Claims Priority from Provisional Application 62579801 , filed 10/81/2017
Applicant Name/Assignee: No Information on record
Inventor(s): Walsh, William
Response to Arguments/Amendments
Claim Rejections – 35 USC § 101
Applicant has cancelled all claims
Claim Rejections – 35 USC § 103
Applicant has cancelled all claims
Claim Interpretation
According to MPEP 2103 (I)(C), statements given their broadest reasonable interpretation language directed toward intended use or field of use can merely suggest an operation and does not necessarily limit the scope of the claim (see Griffin v. Bertina, 285 F.3d 1029, 1034, 62 USPQ2d 1431 (Fed. Cir. 2002)
Claim 41 recites system components for intended use in a transaction process. The system valuation engine is recited for the intended use “to receive…”. The investment eligibility module is recited for the intended use “to identify…investment vehicles…”. The loan analytics module is recited for the intended use “to compute, structure and optimize a second investment loan…”. The graphical user interface is recited for the intended use “to display…”. The transaction engine is recited for the intended use “to execute…validate…update…”. The claimed modules and engines do not positively recite the function or operation and therefore merely suggest the operation. The limitation “wherein said integration of said valuation engine, investment eligibility module, predictive simulation module, loan analytics module, and transaction engine enables real-time loan and investment actions based upon dynamic property equity valuation and investment rate of return, therein enabling said utilization of accrued but unrealized equity value of said collateralized property “ is also directed toward intended user and does not further limit the operations of the system. The examiner suggest the operations of the system elements positively recite the claimed operations.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 41-57 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In reference to Claims 41-57:
Claim 41 recites the limitation “a valuation engine, configured to receive in real-time current valuation data of collateralized property from one or more third-party data sources via a secured communication interface” which is new matter, there is possession in the original presentation of the written description of a valuation engine to “receive …current valuation data of collateralized property from one or more third party sources.
The specification has possession of centralized data file module allows for valuation of asset…
[0039]…In addition, the centralized data file module allows for the real time intervention by a particular individual or application for the systematic modification of document data files related to the valued asset if preset limits or other
deficiency in data registries are out of range ( e.g. valuation of asset is outside an allowable range)….
The specification has possession of Scenario Simulator that provides interface tools for selection of investment valuation scenario, however there is no support for receiving data from third party sources.
[00129] In addition, Scenario Simulator 4000 may provide additional functionality of accessing an Investment Valuation Simulation Screen, such as, for example, Graphical User Interface for Scenario Simulators 2000 and/or 3000 of Figure 2 and Figure 3, respectively, by clicking on Investment Valuation Scenario Icon 4300. Clicking on Investment Valuation Scenario Icon 4300 brings the user to an Investment Valuation Simulation Screen, such as for example, the embodiments depicted in Figures 2 and/or 3 hereto. Embodiments depicted in Figure 2 and Figure
3 also may comprise Investment Valuation Scenario Icons (shown as Icons 2300 and 3300, respectively), and which may provide similar functionality to that of Investment Valuation Scenario Icon 4300.
The specification in para 0062-0069 teaches the recipient receiving principal and interest payments…
[00142] The AWL Funding and Lending Module (as further described herein) may facilitate the cash flows by receiving the principal and interest cash flow loan amounts from the AWL Fund and establishing borrower level accounts with the investment managers. …
The specification has possession of a Data Register being populated (receiving) principal and interest paid.
[0046] For example, Document Data File 1100 may be assigned to a first collateralized loan agreement associated with defined collateralized property. Data Register 1110 may be populated with the name of the lender, Data Register 1120 may be populated with the name of the borrower, Data Register 1130 may be populated with the term of the loan, Data Register 1140 may be populated with the interest rate on the loan, Data Register 1150 may be populated with the amount of principal and interest paid on the loan to date, and Data Register 1160 may be populated with the amount of principal and interest paid which is currently encumbered by another loan or other asset.
[0047] Similarly, Document Data File 1200 may be assigned to a first investment loan agreement collateralized by principal and interest payments which have been made under the first collateralized loan agreement assigned to Document Data File 1100. Data Register 1210 may be populated with the name of the lender, Data Register 1220 may be populated with the name of the borrower, Data Register 1230 may be populated with the term of the first investment loan, Data Register 1240 may be populated with the interest rate on the first investment loan, Data Register 1250 may be populated with the amount of principal and interest paid on the first investment loan to date, Data Register 1160 may be populated with the amount of principal and interest paid which is currently encumbered by another loan or other asset, and Data Register 1260 may be populated with data related to the value of investments which have been paid for by proceeds of the first investment loan.
[0048] Likewise, Document Data File 1300 may be assigned to a second investment loan agreement collateralized by principal and interest payments which have been made under the first collateralized loan agreement assigned to Document Data File 1100. Data Register 1310 may be populated with the name of the lender, Data Register 1320 may be populated with the name of the borrower, Data Register 1330 may be populated with the term of the second investment loan, Data Register 1240 may be populated with the interest rate on the second investment loan, Data Register 1250 may be populated with the amount of principal and interest paid on the second investment loan to date, Data Register 1160 may be populated with the amount of principal and interest paid which is currently encumbered by another loan or other asset, and Data Register 1360 may be populated with data related to the value of investments which have been paid for by proceeds of the second investment loan.
[0057] In an embodiment, the system may comprise a Graphical User Interface and one or more Database Servers for storing in a Data Register associated with at least one of the Document Data Files, one or more of a value equal to an amount of available principal and interest accrued from principal and interest paid against a first collateralized loan and, and a value equal to an amount of available funds of a first investment loan. In this regard, the amount of available funds from the first investment loan may be based upon the principal and interest which has been paid against the first collateralized loan.
The specification has possession of the database server receiving data
[00152] The user may send this data via Network 5200, such that it is received by Database Server 5100 that stores such data in Document Data Files and corresponding Data Registers. Database Server 5100 may receive such data sent via at least one of User Interface Systems 5310, 5320, 5330, and 5340 and stores and/or processes such data in accordance with the foregoing. Database Server 5100… Database Server 5100 may also compile such data
into documents, reports, or other output comprising such data in accordance with data parameters received from a User Interface System, prior to transmitting such output over Network 5200 to a requesting User Interface System.
Accordingly, the specification is silent with respect to the limitation - a valuation engine, configured to receive in real-time current valuation data of collateralized property from one or more third-party data sources via a secured communication interface, and to compute a dynamic unrealized equity value based upon cumulative principal and interest paid against a first collateralized loan secured by said property
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 47-57 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In reference to Claim(s) 41-57:
Claim 41 recites the limitation “said investment rate of return of selected investment vehicles” in line 13. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner is determining the rate of return to be of the “identified investment vehicles” of the preceding limitation.
Dependent claims 42-57 depend upon claim 41 and contain the same deficiencies as discussed above. Accordingly claims 41-57 are rejected under 112(b).
In reference to Claim 57:
Claim 57 is dependent upon claim 1 which has been cancelled. For examination purposes the examiner is interpreting claim 57 to be dependent upon claim 41.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 57 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
In reference to Claim 57:
Claim 57 is dependent upon claim 1 which has been cancelled.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 47-51 are rejected under 35 U.S.C. § 101 because the instant application is directed to non-patentable subject matter. Specifically, the claims are directed toward at least one judicial exception without reciting additional elements that amount to significantly more than the judicial exception. The rationale for this determination is in accordance with the guidelines of USPTO, applies to all statutory categories, and is explained in detail below.
In reference to claims 47-51:
STEP 1. Per Step 1 of the two-step analysis, the claims are determined to include a system, as in independent Claim 26 and the dependent claims. Such systems fall under the statutory category of "machine." Therefore, the claims are directed to a statutory eligibility category.
STEP 2A Prong 1. The claimed invention is directed to an abstract idea without significantly more. System claim 41 recites a operational process (1) receive valuation data of collateralized property (2) identify investment vehicles (3) compute, structure and optimize second loan (4) storing indexed data objects for retrieval (5) display loan and investment data (6) execute transaction (7) validate transaction (8) update stored data. The claimed limitations which under its broadest reasonable interpretation, covers performance of a commercial activity.
When considered as a whole the claimed subject matter is directed toward receiving, analyzing financial data in order to evaluate loan profiles and status use or in investment options in order to execute the purchase of selected investment vehicles Such concepts can be found in the abstract category of financial behavior and fundamental economic practices. These concepts are enumerated in Section I of the 2019 revised patent subject matter eligibility guidance published in the federal register (84 FR 50) on January 7, 2019) is directed toward abstract category of methods of organizing human activity.
STEP 2A Prong 2: The identified judicial exception is not integrated into a practical application because the claims fail to provide indications of patent eligible subject matter that integrate the alleged abstract idea into a practical application. The additional elements recited in the claim beyond the abstract idea include a system comprising a valuation engine, an investment eligibility module, a loan analytics module coupled with valuation engine and investment eligibility module, a non-transitory memory in communication with valuation engine, investment eligibility module and loan analytics module, a graphical interface on a client device in communication with valuation engine, investment eligibility module and loan analytics module and a transaction engine in communication with graphical user interface and eligibility module.
The claimed system valuation engine applied for the intended use of “to receive…data”; the claimed system non-transitory memory applied for “storing structured data objects”; and the graphical user interface on a client device applied for the intended use “to display…[data]”
According to MPEP 2106.05(d) II (see also MPEP 2106.05(g)) the courts have recognized the following computer functions are claimed in a merely generic manner (e.g., at a high level of generality) where technology is merely applied to perform the abstract idea or as insignificant extra-solution activity.
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014)
Electronic recordkeeping, Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 225, 110 USPQ2d 1984 (2014) (creating and maintaining "shadow accounts"); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log);
Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93
The claim limitations (to receive, to display and storing) are recited at a high level of generality without details of technical implementation and thus are insignificant extra solution activity.
The additional element “an investment eligibility engine” is applied for the intended use “to identify …investment vehicles via a predictive simulation module”; a “loan analytics module” applied for the intended use “to compute, structure and optimize a second investment loan” and a “transaction engine” applied for the intended to “execute a purchase transaction…”, “validate said transaction using …authentication protocol” and “update said stored structured data objects” which individually are directed toward a commercial activity in the realm of investment transactions. The claimed operations even if positively claimed are recited high-level of generality such that it amounts to no more than applying the exception using generic computer system components for the purpose of analyzing financial transaction data to perform investment transactions. The claim limitations when considered individually fail to provide any indications of patent eligible subject matter, according to MPEP guidance (see MPEP 2106.05 (a)-(c), (e )-(h).
(i) an improvement to the functioning of a computer;
(ii) an improvement to another technology or technical field;
(iii) an application of the abstract idea with, or by use of, a
particular machine;
(iv) a transformation or reduction of a particular article to a
different state or thing; or
(v) other meaningful limitations beyond generally linking the
use of the abstract idea to a particular technological environment.
When the claims are taken as an ordered combination or as a whole, the combination of limitations, the combination of limitations 1-3 are directed toward receiving valuation data of property, identify investment vehicles and compute, structure and optimize second investment loan which is directed toward collecting financial data, analyzing financial data used to compute and structure an investment loan and not to improve upon any underlying technology. The combination of limitations 1-3 and 4-5 is directed toward storing financial indexed financial data objects for retrieval and displaying the data from the valuation engine, investment eligibility module and loan analytics module related to the collateralized loan and investment loan profile which is directed toward storing and displaying financial data of limitations 1-3 which is insignificant extra solution activity. The combination of limitations 1-5 and 6 are directed toward executing a purchase from the selected loans of limitations 1-3 where the transaction is validated and data object information related to the transaction is updated. Accordingly the claim limitations as a whole are not directed toward the improvement or changing the way system and corresponding engines/modules and interface perform operations or corresponding any technology. Instead the combinations when considered as a whole is directed toward analyzing data received to identify and select investment vehicle where the selected investment vehicles are purchased in a transaction. The claim limitations and specification lacks technical disclosure of the details for technical implementation of the claimed limitations and makes clear that technology or the improvement thereof is not the focus of the claimed invention. The claim limitations are not directed toward a solution to a technical problem.
The integration of elements do not improve upon technology or improve upon computer functionality or capability in how computers carry out one of their basic functions. The integration of elements do not provide a process that allows computers to perform functions that previously could not be performed. The integration of elements do not provide a process which applies a relationship to apply a new way of using an application. The instant application, therefore, still appears only to implement the abstract idea to the particular technological environments apply what generic computer functionality in the related arts. The steps are still a combination made to access financial data and does not provide any of the determined indications of patent eligibility set forth in the 2019 USPTO 101 guidance. The additional steps only add to those abstract ideas using generic functions, and the claims do not show improved ways of, for example, an particular technical function for performing the abstract idea that imposes meaningful limits upon the abstract idea. Moreover, Examiner was not able to identify any specific technological processes that goes beyond merely confining the abstract idea in a particular technological environment, which, when considered in the ordered combination with the other steps, could have transformed the nature of the abstract idea previously identified. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
STEP 2B; The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because as discussed above with respect to concepts of the abstract idea into a practical application. The additional elements recited in the claim beyond the abstract idea include a system comprising a valuation engine, an investment eligibility module, a loan analytics module coupled with valuation engine and investment eligibility module, a non-transitory memory in communication with valuation engine, investment eligibility module and loan analytics module, a graphical interface on a client device in communication with valuation engine, investment eligibility module and loan analytics module and a transaction engine in communication with graphical user interface and eligibility module.
The claim limitations fail to positively recite any functions of the system beyond storing structured data objects by the non-transitory memory. The additional elements of the system (valuation engine, an investment eligibility module, a loan analytics module coupled with valuation engine and investment eligibility module, a graphical interface on a client device in communication with valuation engine, investment eligibility module and loan analytics module and a transaction engine in communication with graphical user interface and eligibility module) are recited for the intended use and therefore, do carry any patentable weight. The intended use operations “receive…data”, “identify…investment vehicles”, “compute, structure and organize a second loan”, “store…data objects…”, “display …data”, and “execute transactions, validate …transaction using authentication…” and “update …data objects in response to the transaction” as claimed are basic function of a computer technology. As a result, none of the hardware and software as a combination of the system claimed offers a meaningful limitation beyond generally linking the use of the method to a particular technological environment, that is, implementation via computers. The claim does not positively recite any action or function with respect to the claimed “modules/engines” beyond its intended use.
Taking the claim elements separately, the function performed by the computer at each step of the process is purely conventional. All of these computer structure and functions are generic, routine, conventional computer activities that are performed only for their conventional uses. See Elec. Power Grp. v. Alstom S.A., 830 F.3d 1350, 1353 (Fed. Cir. 2016). Also see In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1316 (Fed. Cir. 2011) ("Absent a possible narrower construction of the terms “generating”, “transmitting”, “intercepting”, identifying”, “determining”, “replacing” and “routing' ... are functions can be achieved by any general purpose computer without special programming"). None of these activities are used in some unconventional manner nor do any produce some unexpected result. Applicants do not contend they invented any of these activities. In short, each step does no more than require a generic computer to perform generic computer functions. As to the data operated upon, "even if a process of collecting and analyzing information is 'limited to particular content' or a particular 'source,' that limitation does not make the collection and analysis other than abstract." SAP America, Inc. v. Invest Pic LLC, 898 F.3d 1161, 1168 (Fed. Cir. 2018). Considered as an ordered combination, the computer components of Applicant’s claimed functions add nothing that is not already present when the steps are considered separately. The sequence of data reception-analysis modification-transmission is equally generic and conventional. See Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 715 (Fed. Cir. 2014) (sequence of receiving, selecting, offering for exchange, display, allowing access, and receiving payment recited as an abstraction), Inventor Holdings, LLC v. Bed Bath & Beyond, Inc., 876 F.3d 1372, 1378 (Fed. Cir. 2017) (sequence of data retrieval, analysis, modification, generation, display, and transmission), Two-Way Media Ltd. v. Comcast Cable Communications, LLC, 874 F.3d 1329, 1339 (Fed. Cir. 2017) (sequence of processing, routing, controlling, and monitoring). The ordering of the steps is therefore ordinary and conventional. The analysis conclude that the claims do not provide an inventive concept because the additional elements recited in the claims do not provide significantly more than the recited judicial exception.
According to 2106.05 well-understood and routine processes to perform the abstract idea is not sufficient to transform the claim into patent eligibility. As evidence the examiner provides:
The specification discloses that the computer elements are well-understood and conventional.
The ordinary meaning of an “icon” is in computing, is a picture which usually stands for a computer program, computer file, folder, or an action for a program to do. The specification discloses-a graphical user interface having an investment ...icon ...that is responsive to user interaction with borrowing and investment ...icon (para 0007); GUI may comprise ...icons for accessing home/screens which provides access to some or all functionality of the system (para 0056); system may ...comprise a processor which may be responsive to user interaction with investment module through...icons or other responsive device to access (para 0059); the user clicks on ...icon which initiates the generation of ...output (para 0106); GUI ...clicking on ...icon provides access...(para 0110); GUI by clicking on ...icon provides access (para 0117); GUI ...by clicking ...icon provides access (para 0128)- which according to the common meaning and function of icons is operating in its ordinary capacity. The specification is silent with respect to any particular technical process or rules to perform a technical process that improves or allow GUI access icons to perform processes as an improvement or could not previously be performed. The claim limitations recite a processor and software application opens data field and the GUI provides a functions for executing benefits of the owner purchase amount. The specification discloses in para 0009 a processor and associated software with includes instructions for processing data; para 0154 which discloses “may include software such as...application program may run or executed by one or more processors”; para 0174 wherein the specification discloses “hardware embodiment or an embodiment including software”; para 0176 wherein the specification discloses “program code may execute ...as a stand-alone software package”. The specification fails to provide any details as to technical implementation that could be provide the needed significantly more.
With respect to the system “valuation engine, an investment eligibility module, a loan analytics module coupled with valuation engine and investment eligibility module, a non-transitory memory in communication with valuation engine, investment eligibility module and loan analytics module, a graphical interface on a client device in communication with valuation engine, investment eligibility module and loan analytics module and a transaction engine”
The specification discloses the “valuation engine” as a simulator for use in investment valuation and is therefore nominally mentioned.
[0039] For example, an embodiment facilitates the efficient management of a centralized data
file module. By creating, managing, tracking individual document data files and registries
containing specific data registries of information specific to each document data file from
document data file creation and providing the functionality to interrelate the data registries between
individual documents data files, the embodiment fills an immediate and longstanding need for
owners of valued assets such as collateralized property. In addition, the centralized data file
module allows for the real time intervention by a particular individual or application for the
systematic modification of document data files related to the valued asset if preset limits or other
deficiency in data registries are out of range ( e.g. valuation of asset is outside an allowable range)…
[00129] In addition, Scenario Simulator 4000 may provide additional functionality of accessing an Investment Valuation Simulation Screen, such as, for example, Graphical User Interface for Scenario Simulators 2000 and/or 3000 of Figure 2 and Figure 3, respectively, by clicking on Investment Valuation Scenario Icon 4300. Clicking on Investment Valuation Scenario Icon 4300 brings the user to an Investment Valuation Simulation Screen, such as for example, the embodiments depicted in Figures 2 and/or 3 hereto. Embodiments depicted in Figure 2 and Figure 3 also may comprise Investment Valuation Scenario Icons (shown as Icons 2300 and 3300, respectively), and which may provide similar functionality to that of Investment Valuation Scenario Icon 4300
The specification does not explicitly recite an “investment eligibility module”, instead the specification nominally discloses the investment module with respect to technology focusing on its use in the field of endeavor without significantly more, amounting to no more than mere instructions to perform the abstract idea:
[0007] The present invention relates to a system comprising a graphical user interface for tracking and transforming collateralized property and related obligations, including: a centralized database server for storing in structured registers data associated with collateralized property, a borrowing and investment processing module networked to the database server; a display providing the graphical user interface having an investment processing module icon,…
[0015]… In certain embodiments, the unrealized portion of the value of the collateralized property may be displayed on a graphical user interface in real time and in various colors and/or emitting sounds or other indications to the user that there exists an excess or unrealized portion of the value of the collateralized property at which point the
system may automatically, or semi-automatically with the assistance of a user, process though a computerized investment module such unrealized portion for investment in an investment vehicle….
[0058] The system may also comprise an Investment Module which is in operative communication with the Database Server, as well as a Display Device, such as, for example, a computer terminal. The Display may provide a Graphical User Interface which may be in operative communication with the Investment Module which may permit access by a user of the system to the Investment Module, through the Graphical User Interface.
[0059] The system may further comprise a Processor which may be responsive to user interaction with the Investment Module through one or more icons or other responsive device to access, among other functionality, a selection of one or more investment vehicles.
[00137] The AWL Management Module of the system of an embodiment may be adapted to manage the cash flows between the AWL Funding and Lending Module, the borrower, and the investments fund accounts containing the investments made by the borrower from within an Investment Management Module ( described in further detail herein). The Investment Management Module, which may be separate or part of the AWL Management Module, may
maintain relationships with multiple third-party entities, such as, by non-limiting example, asset and/or security investment entities.
The specification does not explicitly discloses “a loan analytics module”, instead the specification applies the term “lending module”. The specification does not provide any specific programming directed toward module technology, instead the specification nominally discloses the lending module as a module that can be accessed via an interface, focusing on its use in the field of endeavor without significantly more, amounting to no more than mere instructions to perform the abstract idea:
[00135] The agency may warehouse segments and aggregate AWL identified Loans. The agency may then create AWL related securities as well as securities from the conventional loans. The conventional loans may be sold to various fund investors into a well-established marketplace for these securities. The AWL Loans may be priced by the same process, but may be made available to an AWL Fund through an AWL Funding and Lending Module ( described in further detail herein) at observable market rates AWL Securities may be purchased through the AWL
Funding and Lending Module from the agency which may be held at the AWL Fund broker-dealer.
[00137] The AWL Management Module of the system of an embodiment may be adapted to manage the cash flows between the AWL Funding and Lending Module, the borrower, and the investments fund accounts containing the investments made by the borrower from within an Investment Management Module ( described in further detail herein)….
[00138] In an embodiment, the AWL Funding and Lending Module may be accessed through a Graphical User Interface on a permission basis by the lending partners and the investment partners as links within their electronic platforms. Access to certain third-party products would be permissioned by each partner in accordance with the access point on the AWL Funding and Lending Module.
[00142] The AWL Funding and Lending Module (as further described herein) may facilitate the cash flows by receiving the principal and interest cash flow loan amounts from the AWL Fund and establishing borrower level accounts with the investment managers. The AWL Funding and Lending Module may use the cash flows to execute the investments directly with the investment managers for the benefit of the borrower account. The AWL Funding and Lending Module may also execute, track, manage, and settle the obligation of the second loan with the borrower.
[00143] The AWL Funding and Lending Module may partner with a Web Bank which may make the Investment Loans based on a schedule of principal and interest payments made or to be made on the Collateralized Loan. The AWL Funding and Lending Module may receive funding from the AWL Fund to make the loan, and may purchase the loan from a Web Bank with the funds provided by the AWL Fund through the AWL Funding and Lending Module. The AWL Funding and Lending Module may be responsible for affecting prearranged settlement of the Investment
Loans with the AWL Fund. The AWL Fund may sell the Investment Loans through the AWL Funding and Lending Module to a third party and satisfy its obligations.
[00157] Turning now to Figure 7, there is shown an embodiment of AWL Management System 7000, which is accessed by or through a Database Server, such as, for example, Database Server 5100 shown in Figure 5. AWL Management System 7000 may comprise AWL Management Module 7100. In an embodiment, AWL Management System 7000 may further comprise and/or otherwise be in operative communication (e.g. over a Network such as Network embodiments described herein) with AWL Funding and Lending Module 7200, and/or AWL Investment
Management Module 7300.
[00158] In one or more embodiments, AWL Management Module 7100 may comprise at least the same or similar functionality as the AWL Management Module functionality described above. Similarly, in one or more embodiments, AWL Funding and Lending Module 7200 may comprise at least the same or similar functionality as the AWL Funding and Lending Module functionality described above. Likewise, in one or more embodiments, AWL Investment Management Module 7300 may comprise at least the same or similar functionality as the AWL Investment Management Module functionality described above.
[00159] AWL Management System 7000, AWL Management Module 7100, AWL Funding and Lending Module 7200 and/or AWL Investment Management Module 7300 may be accessed by users through User Interface Systems 7410, 7420, 7430, and 7440, or any number of User Interface Systems required by users. In an embodiment, User Interface System 7410, 7420, 7430, and 7440 may comprise at least the same or similar functionality as User Interface Systems 5210, 5220, 5230, and 5240.
[00160] Users, having various levels of permissions to use certain functionality of AWL Management System 7000, may therefore access the permitted functionality of AWL Management System 7000 through one or more of the User Interface Systems. Thus, authorized users may create, access, manage, and process Document Data Files and corresponding Data Registers, and generate Master Documents through a Document Generator via the Database Server and/ or through AWL Management Module 7100, as well as originate, manage, search, track, and make
payments on Collateralized and Investment Loans through AWL Management Module 7100.
[00161] Similarly, authorized users may access the permitted functionality of AWL Funding and Lending Module 7200 through one or more of the User Interface Systems. Thus, authorized users may interact with the AWL Broker Dealer, the AWL Fund, as well as the AWL Lending Module.
The specification discloses “a non-transitory memory” as:
[0011] Also, it should be noted that the various functions described herein may be implemented using instructions stored on a device readable storage medium such as a non-signal storage device that are executed by a processor. A storage device may be, for example, an electronic, magnetic, optical, electromagnetic, infrared, or semiconductor system, apparatus, or device, or any suitable combination of the foregoing. More specific examples of a storage medium would include the following: a portable computer diskette, a hard disk, a random access memory (RAM), a read-only memory (ROM), an erasable programmable read-only memory (EPROM or Flash memory), an optical fiber, a portable compact disc read-only memory (CD-ROM), an optical storage device, a magnetic storage device, or any suitable combination of the foregoing. In the context of this document, a storage device is not a signal and "non-transitory" includes all media except signal media.
[00175] Any combination of one or more non-signal device(s) may be utilized. A storage medium may be, for example, an electronic, magnetic, optical, electromagnetic, infrared, or semiconductor system, apparatus, or device, or any suitable combination of the foregoing. More specific examples of a storage medium would include the following: a portable computer diskette, a hard disk, a random access memory (RAM), a read-only memory (ROM), an erasable programmable read-only memory (EPROM or Flash memory), an optical fiber, a portable compact
disc read-only memory (CD-ROM), an optical storage device, a magnetic storage device, or any suitable combination of the foregoing. In the context of this document, a storage medium is not a signal and "non-transitory" includes all media except signal media.
Although the claim recites a “non-transitory memory”, the claim is not "truly drawn to a specific" non-transitory memory, but rather is directed toward the use of the memory to perform the abstract idea. The specification does not provide any specific programming directed toward non-transitory memory technology, instead the specification nominally discloses the memory focusing on its use in the field of endeavor without significantly more, amounting to no more than mere instructions to perform the abstract idea:
The specification does not explicitly disclose a “transaction module”, instead the specification discloses a platform for securities transactions.
[00167] Also, included in the first step of the Platform embodiment may be a securities brokerage component because the Platform includes a securities transaction (as discussed in more detail in step six below) - a homeowner participating in the Platform may, in addition to the mortgage loan, be borrowing an additional loan of such homeowner' s principal and interest payments, which may be invested by an asset manager. Securities broker-dealers are regulated by the Securities and Exchange Commission ("SEC"), Financial Industry Regulatory Authority ("FINRA"), self-regulatory organizations as well as the states. The Securities Exchange Act of 1934 (the "Exchange Act") requires the registration of any broker-dealer effecting securities transactions by means of interstate commerce. The various states' securities laws also regulate broker-dealers within their jurisdictions and, unless an exemption is available, require registration by any broker-dealer conducting business from or with persons in the state in addition to other registration requirements. Specific to real estate brokers, there is no general exception from the broker-dealer registration requirements for licensed real estate brokers or agents who engage in the business of effecting
transactions in real estate securities.
[00169] In the third step of the Platform embodiment, the applicable Agency may sell the principal and interest related to the homeowner's mortgage to the sponsoring entity, either directly or through the originator of the loan. As discussed in the second step, the Agencies currently participate in the secondary mortgage market by packaging purchased mortgage loans into mortgage-backed securities that are then sold to investors and third parties either directly or through "swap and sell" transactions with originators of the loans.
Additional evidence provided includes:
US Pub No. 2017/0011463 A1 by Pizzi et al discloses a “management logic utilizing data to perform various logic algorithms” (para 0032, para 0065); US Pub No. 2005/0102225 A1 by Oppenheimer et al discloses services logic which include investor reporting logic, securitization logic for generating assets values for securitization; US Pub No. 2018/0075421 A1 by Serrano et al -discloses a loan processing service utilizing digital asset as collateral
US Pub No. 2014/0025557 A1 by Novembre; US Pub No. 2013/0018818 A1 by Yadav cited for teaching collateralizing assets and purchasing assets
The instant application, therefore, still appears to only implement the abstract ideas to the particular technological environments using what is generic components and functions in the related arts. The claim is not patent eligible.
The remaining dependent claims—which impose additional limitations—also fail to claim patent-eligible subject matter because the limitations cannot be considered statutory. In reference to claims 42-57 these dependent claim have also been reviewed with the same analysis as independent claim 1. Dependent claim 2 is directed toward simulating investment outcome, generate investment recommendations and initiate execution of recommendation- applying technology to analyze financial data, output results and recommendations and execute recommendations- applying technology to perform a business practice. See Electric Power Group. Dependent claim 43 is directed toward selecting investment vehicles based on returns- common business practice. Dependent claim 44 is directed toward the graphical interface comprising an icon which opens an interface for simulations- well understood and routine application of technology for use in financial analysis. Dependent claim(s) 45-46 are directed toward data content contained in memory -non-functional descriptive subject matter. Dependent claim(s) 47-49 are directed toward GUI interactive icon tools- well understood and routine technology. Dependent claim 50 is directed applying “what if” analysis using financial data for an expected outcome- amounts to no more than mere instructions to analyze financial data-applying technology for business analysis. Dependent claim(s) 51-52 are directed toward investment vehicles comprises securities-abstract subject matter. Dependent claim 53 is modules in communication with memory- well understood routine technology. Dependent claim(s) 54-55 a management processor and funding/lending processors in communication with a plurality of modules and engines- well understood routine technology. Dependent claim 56 is directed toward user interface system in communication with modules - well understood routine technology. Dependent claim 57 is directed toward user interface system in communication with non-transitory memory- - well understood routine technology
The dependent claim(s) have been examined individually and in combination with the preceding claims, however they do not cure the deficiencies of claim 41. Where all claims are directed to the same abstract idea, “addressing each claim of the asserted patents [is] unnecessary.” Content Extraction & Transmission LLC v. Wells Fargo Bank, Nat 7 Ass ’n, 776 F.3d 1343, 1348 (Fed. Cir. 2014). If applicant believes the dependent claims 42-57 are directed towards patent eligible subject matter, they are invited to point out the specific limitations in the claim that are directed towards patent eligible subject matter.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub No. 2022/0222749 A1 by Chupervich (Chuprevich), and further in view of WO 2010/085481 A1 by Strnad et al (Strnad)
In reference to Claim 41:
Chuprevich teaches:
(New) A computerized system for facilitating dynamic investment reallocation based upon real-time collateral valuation and investment rate of return ((Chuprevich) in at least para 0005, FIG. 1), said system comprising:
(processing circuit) configured to receive in real-time current valuation data of collateralized property from one or more third-party data sources via a secured communication interface…((Chuprevich) in at least abstract wherein the prior art teaches receiving equity value of property data; para 0003, para 0005, para 0014, para 0016-0018 wherein the prior art teaches communication via interface with third party entities, para 0018-0021 wherein the prior art teaches receiving data from third party entity computer; para 0025, para 0027-0028, para 0031, para 0049 wherein the prior art teaches monetization module communicate with third party for data where the third party provides information on collateral offered or any other relevant information, para 0058 wherein the prior art teaches communication with third party offering investment opportunities; para 0082 wherein the prior art teaches communicating agreement terms including value)
an investment eligibility module, configured to identify in real-time investment vehicles via a predictive simulation module, each investment vehicle having an investment rate of return ((Chuprevich) in at least para 0023, para 0044-0045 wherein the prior art teaches investment circuit to identify investment opportunities; para 0047);
a loan analytics module, operatively coupled with said valuation engine and said investment eligibility module and configured to compute, structure and optimize a second investment loan having a second investment loan profile based upon a rate of return on said unrealized equity value and said investment rate of return of selected investment vehicles ((Chuprevich) in at least para 0005, para 0014, para 0016, para 0018-0019, para 0021-0023, para 0027, para 0031, para 0065, para 0090);
a non-transitory memory in operative communication with one or more of said valuation engine, investment eligibility module((Chuprevich) in at least para 0027, para 0031, para 0033), and loan analytics module storing structured data objects linking property valuation, first collateralized loan status, said second investment loan profile, investment vehicles options, and purchased investment vehicles, wherein said data objects are indexed for real-time retrieval ((Chuprevich) in at least para 0018, para 0020-0021, para 0028);
a graphical user interface implemented on a client device, said graphical user interface in operative communication with one or more of said valuation engine, investment eligibility module, and loan analytics module and configured to display a real-time visualization ((Chuprevich) in at least Abstract; para 0005, para 0013, para 0042, para 0063, para 0065, para 0085) of:
said first collateralized loan status ((Chuprevich) in at least para 0046, para 0082);
said … investment loan profile ((Chuprevich) in at least para 0028); and
said investment vehicle options based upon said …investment loan profile ((Chuprevich) in at least abstract; para 0005, para 0013, para 0015, para 0023-0024); and
a transaction engine [investment application], in operative communication with said graphical user interface and said investment eligibility module, configured to:
execute a purchase transaction for investment vehicles selected from said investment vehicle options based upon said second investment loan profile (Chuprevich) in at least FIG. 6; para 0005, para 0028, para 0040-0043, para 0082);
validate said transaction using a secure authentication protocol ((Chuprevich) in at least FIG. 4 ref # 414, FIG. 5 ref # 504, 508; para 0068, para 0076, para 0079- 0081); and …
wherein said integration of said valuation engine, investment eligibility module, predictive simulation module, loan analytics module, and transaction engine enables real-time loan and investment actions based upon dynamic property equity valuation and investment rate of return, therein enabling said utilization of accrued but unrealized equity value of said collateralized property ((Chuprevich) in at least Abstract wherein the prior art teaches investment opportunities based on equity value and user preferences; para 0005, para 0013 wherein the prior art teaches investment opportunities identified that appeal to borrower including income stream, rewards such as paying utilities, groceries, expenses, paying off debt; para 0021, para 0023, para 0040 wherein the prior art teaches analysis application communicates preferences regarding investment opportunities and rewards, para 0042, para 0063-0065, para 0085)
Chuprevich does not explicitly teach:
a valuation engine [program module code], configured to receive in real-time current valuation data …
said second investment loan profile
said investment vehicle options based upon said second investment loan profile
update said stored structured data objects in response to said transaction;
Strnad teaches:
a valuation engine [program module code], configured to receive in real-time current valuation data of collateralized property from one or more third-party data sources via a secured communication interface ((Strnad) in at least page 4 lines 29-31, page 8 lines 1-12, page 9 lines 6-10, page 66 lines 1-10, page 69 lines 15-page 70 lines 1-6 wherein the prior art teaches valuation hexagon module receiving time series data from public or commercial sources; page 71 lines 15-25, page 114 lines 18-page 115 lines 1-10, page 145 lines 4-10), and to compute a dynamic unrealized equity value based upon cumulative principal and interest paid against a first collateralized loan secured by said property said second investment loan profile ((Strnad) in at least page 7-8, page 0114 lines 18-page 0115 lines 1-10)
said second investment loan profile …((Strnad) in at least page 7-8, page 20 lines 8-21)
said investment vehicle options based upon said second investment loan profile …((Strnad) in at least page 7-8, page 13 lines 30-page 14 lines 1-23, page 20 lines 8-21, page 25-page 28 lines 1-11, page 108 lines 24-31, )
update said stored structured data objects in response to said transaction ((Strnad) in at least page 66 lines1-5, page 88 lines 15-page 89 lines 1-10);
Both Chuprevich and Strnad are directed toward converting an investment value of a collateralized property where data stored is related to the monetizing of the property asset.. Strnad teaches the motivation that because of the obligation to pay homeowner an amount equal to the insured equity percent built and that the homeowner has paid a particular principle amount which is relevant to the equity percentage build it is needed to determine the sum payout amount on the investment dictated by the capital structure in light of the risk in the leveraging of the loan. It would have been obvious to one having ordinary skill at the time of effective filing the invention to modify the monetizing data related to the monetizing of property assets of Chuprevich to include data which includes the determined the amount of obligation paid on the mortgage of the homeowner as taught by Strnad since Strnad teaches the motivation that because of the obligation to pay homeowner an amount equal to the insured equity percent built and that the homeowner has paid a particular principle amount which is relevant to the equity percentage build it is needed to determine the sum payout amount on the investment dictated by the capital structure in light of the risk [profile] in the leveraging of the loan
In reference to Claim 44:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 44
(New) The system of Claim 41 (see rejection of claim 41 above), wherein said graphical user interface further comprises
an icon which when actuated opens a new graphical user interface for performing simulated projections based upon data indexed for real time retrieval from said memory. ((Chuprevich) in at least Abstract wherein the prior art teaches processing circuit to receive an indication of approval from the user of selected investment opportunities; para 0005, para 0013, para 0042, para 0063, para 0065, para 0085-0086)
In reference to Claim 47:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 47.
(New) The system of Claim 41 (see rejection of claim 1 above),
wherein said graphical user interface further comprises one or more icons for indicating a selection of analytical investment tools. ((Chuprevich) in at least para 0005, para 0013, para 0042, para 0063, para 0065, para 0085-0086)
In reference to Claim 48:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 48.
(New) The system of Claim 47 (see rejection of claim 47 above),
wherein said graphical user interface is responsive to user interaction with one or more analytical investment tool icons. ((Chuprevich) in at least para 0005, para 0013, para 0042, para 0063, para 0065, para 0085-0086)
In reference to Claim 49:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 49.
(New) The system of Claim 48 (see rejection of claim 48 above),
wherein said user interaction with said one or more analytical investment tool icons provides user access to analytical investment tools. ((Chuprevich) in at least para 0005, para 0013, para 0042, para 0063, para 0065, para 0085-0086)
In reference to Claim 53:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 53
(New) The system of Claim 41 (see rejection of claim 41 above), further comprising
an investment management module in operative communication with said memory ((Chuprevich) in at least para 0016-0018, para 0019-0021, para 0027-0029, para 0036).
In reference to Claim 54:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 54.
(New) The system of claim 41 (see rejection of claim 41 above),
wherein an investment management processor is in operative communication with one or more of said valuation engine, investment eligibility module, and loan analytics module. ((Chuprevich) in at least para 0004-0005, para 0017-0018, para 0020-0022, para 0029-0030, para 0038, para 0045-0050)
In reference to Claim 55:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 55.
(New) The system of Claim 41(see rejection of claim 41 above), further comprising
one or more of a funding and lending processor in operative communication with one or more of said valuation engine, investment eligibility module, and loan analytics module. ((Chuprevich) in at least para 0041, para 0045-0051)
In reference to Claim 56:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 56.
(New) The system of claim 41 (see rejection of claim 41 above), further comprising
one or more user interface systems in operative communication with one or more of said valuation engine, investment eligibility module, and loan analytics module. ((Chuprevich) in at least para 0005, para 0013, para 0042, para 0063, para 0065, para 0085-0086)
In reference to Claim 53:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 52.
(New) The system of claim 1 [41] (see rejection of claim 41 above), further comprising
one or more user interface systems in operative communication with said non-transitory memory.((Chupervich) in at least para 0033, para 0091)
Claim(s) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub No. 2022/0222749 A1 by Chupervich (Chuprevich), in view of WO 2010/085481 A1 by Strnad et al (Strnad) as applied to claim 41 above, and further in view of CA 2895245 A1 by Peterson et al (Peterson).
In reference to Claim 42:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 42
(New) The computerized system of Claim 41 (see rejection of claim 41 above), wherein said predictive simulation module is configured to:
generate and display adaptive investment recommendations ((Chuprevich) in at least Abstract wherein the prior art teaches investment opportunities based on equity value and user preferences; para 0005, para 0013 wherein the prior art teaches investment opportunities identified that appeal to borrower including income stream, rewards such as paying utilities, groceries, expenses, paying off debt; para 0021, para 0040 wherein the prior art teaches analysis application communicates preferences regarding investment opportunities and rewards
Chuprevich does not explicitly teach:
simulate future investment outcomes using a machine-learning model trained on historical property value fluctuations and market performance ;
Strnad teaches:
simulate future investment outcomes using a machine-learning model trained on historical property value fluctuations and market performance ((Strnad) in at least page 29 lines 15-19, page 32 lines 10-page 33 lines 1-5, ;
generate and display adaptive investment recommendations ((Strnad) in at least page 68 lines 10-31, page 102 lines 23-page 103; page 133 lines 21-page 136 lines 1-10; page 136 lines 13-page 137 lines 1-6 ); and
Both Chuprevich and Strnad are directed toward converting an investment value of a collateralized property where data stored is related to the monetizing of the property asset.. Strnad teaches the motivation that because of the obligation to pay homeowner an amount equal to the insured equity percent built and that the homeowner has paid a particular principle amount which is relevant to the equity percentage build it is needed to determine the sum payout amount on the investment dictated by the capital structure. It would have been obvious to one having ordinary skill at the time of effective filing the invention to modify the monetizing data related to the monetizing of property assets of Chuprevich to include data which includes the determined the amount of obligation paid on the mortgage of the homeowner as taught by Strnad since Strnad teaches the motivation that because of the obligation to pay homeowner an amount equal to the insured equity percent built and that the homeowner has paid a particular principle amount which is relevant to the equity percentage build it is needed to determine the sum payout amount on the investment dictated by the capital structure.
Peterson teaches:
simulate future investment outcomes using a machine-learning model trained on … value fluctuations and market performance ((Peterson) in at least para 019, para 055, para 083, para 0139, para 0141, para 0160, para 0178)
generate and display adaptive investment recommendations ((Peterson) in at least para 008, para 083, para 019-020, para 026-027, para 0178);
initiate execution of said recommendations upon user confirmation. ((Peterson) in at least para 008, para 020, para 083, para 019-020, para 026-027, para 034, para 0103-0104, para 0171, para 0179, para 0181)
According to KSR, simple substitution of one known element for another to obtain predictable result is common sense obviousness. The prior art Chuprevich contained a software application for analyzing investment opportunities based on financial data which differed from the claimed device by the substitution of specific identifying language of the analytical software application with generic language of analytical software application. The prior art Peterson provides evidence that the substituted identifying language of analytical software application and their functions were known in the art. Accordingly, based on the function of the software application of Chuprevich and the simulator software application being similar, one of ordinary skill in the art could have substituted one known element for another, and the results of the substitution would have been predictable
Both Chuprevich and Peterson apply computer software programs to analyze financial data and investment opportunities. Peterson teaches the motivation of applying a simulator in order to analyze, forecast coordinate and report on initiatives and recommendations for best options. It would have been obvious to one having ordinary skill at the time of effective filing the invention to modify the identifying language of software application to provide analysis on financial opportunities based on financial data of Chuprevich to include a “simulator” as taught by Peterson since Peterson teaches the motivation of applying a simulator in order to analyze, forecast coordinate and report on initiatives and recommendations for best options.
Claim(s) 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub No. 2022/0222749 A1 by Chupervich (Chuprevich), in view of WO 2010/085481 A1 by Strnad et al (Strnad) as applied to claim 41 above, and further in view of WO 2017/000026 A1 by Pollard (Pollard)
In reference to Claim 43:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 43
(New) The system of Claim 41 (see rejection of claim 41 above),
Chuprevich does not explicitly teach:
wherein said second investment loan profile is based upon said investment rate of return of selected investment vehicles being greater than said rate of return on said unrealized equity value
Pollard teaches:
wherein said second investment loan profile is based upon said investment rate of return of selected investment vehicles being greater than said rate of return on said unrealized equity value. ((Pollard) in at least Table 1, page 6 lines 15-26, page 14 lines 5-11)
Both Chuprevich and Pollard are directed toward capitalizing investments via loan vehicles. Pollard teaches applying in equity providers return agreements that when the capital gains of the equity outpaces the returns sharing with the equity provider a portion of the capital gains. It would have been obvious to one having ordinary skill at the time of effective filing the invention to modify the application of equity of an asset as collateral for financing investment agreements to include options where when the capital gains out paces the return rate, the equity provider is provided a portion of the capital gains.
Claim(s) 45-46 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub No. 2022/0222749 A1 by Chupervich (Chuprevich), in view of WO 2010/085481 A1 by Strnad et al (Strnad) as applied to claim 41 above, and further in view of US Pub. No. 2007/0083455 A1 by Bove et al (Bove)
In reference to Claim 45:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 45
(New) The system of Claim 41 (see rejection of claim 1 above), further comprising a
Chuprevich does not explicitly teach:
data object retained in said memory in which a total value of purchased investment vehicles is stored.
Bove teaches:
data object retained in said memory in which a total value of purchased investment vehicles is stored. ((Bove) in at least para 1368, para 01459, para 01469-1474) 21.
Both Chuprevich and Bove are directed toward applying database for storing and providing access to financial data. Bove teaches the motivation of determining total value of investment vehicles purchased in order to determine tax plans of investment portfolios. It would have been obvious to one having ordinary skill at the time of effective filing the invention was made to expand the financial data in the records stored of Chuprevich to include total value of investment vehicles as taught by Bove since Bove teaches the motivation of determining total value of investment vehicles purchased in order to determine tax plans of investment portfolios.
In reference to Claim 46:
The combination of Chuprevich, Strnad and Bove discloses the limitations of dependent claim 45. Chuprevich further discloses the limitations of dependent claim 46.
(New) The system of Claim 45 (see rejection of claim 45 above), further comprising
Chuprevich does not explicitly teach:
a data object retained in said memory in which a minimum value of purchased investment vehicles is stored
Bove teaches:
a data object retained in said memory in which a minimum value of purchased investment vehicles is stored. ((Bove) in at least para 0041-0064, para 0319, para 0754-0755, para 0776, para 0912, para 01350, para 1368, para 1378, para 01459, para 01469-1474)
Both Chuprevich and Bove are directed toward storing loan and investment information and providing access to financial data. Bove teaches the motivation of determining values and comparing values in order to analyze target dollar amount of assets against proposed portfolios. It would have been obvious to one having ordinary skill at the time of effective filing the invention was made to expand the financial data in the records stored of Chuprevich to include minimum value of investment vehicles as taught by Bove since Bove teaches the motivation of minimum value of investment vehicles purchased in order to determine hierarchies of asset classes.
Claim(s) 50 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub No. 2022/0222749 A1 by Chupervich (Chuprevich), in view of WO 2010/085481 A1 by Strnad et al (Strnad) as applied to claim 49 above, and further in view of CA 2341709 A1 by Moran (Moran)
In reference to Claim 50:
The combination of Chuprevich and Strnad discloses the limitations of dependent claim 49. Chuprevich further discloses the limitations of dependent claim 50.
(New) The system of Claim 49 (see rejection of claim 49 above), wherein said analytical investment tools comprise
one or more of information related to investment vehicle offerings, historical investment data, … and investment vehicle performance projection tools. ((Chuprevich) in at least para 0005, para 0013, para 0042, para 0063, para 0065, para 0085-0086)
Chuprevich does not explicitly teach:
…"what-if' scenario building tools,
Moran teaches:
one or more of information related to investment vehicle offerings, historical investment data, "what-if' scenario building tools, and investment vehicle performance projection tools.
((Moran) in at least para 0005-0006, para 0047, para 0083, para 0096, para 0104, para 0106, para 0108, para 0114, para 0122, para 0121-0122, para 0144)
Both Chuprevich and Moran are directed toward database platforms that provide access to investment data and analysis. Moran teaches the motivation of utilizing investment data and what if scenarios in order to analyze different scenarios for future planning of investment goals. It would have been obvious to one having ordinary skill at the time of effective filing the invention was made to modify information related to data analysis stored of Chuprevich to include the information as taught by Moran since Moran teaches the motivation of utilizing investment data and what if scenarios in order to analyze different scenarios for future planning of investment goals.
Claim(s) 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub No. 2022/0222749 A1 by Chupervich (Chuprevich), in view of WO 2010/085481 A1 by Strnad et al (Strnad) as applied to claim 41 above, and further in view of US Pub No. 2006/0282356 A1 by Andres et al. (Andres)
In reference to Claim 51:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 51.
(New) The system of Claim 41 (see rejection of claim 41 above),
Chuprevich does not explicitly teach:
wherein said one or more investment vehicles comprises one or more securities.
Andres teaches:
wherein said one or more investment vehicles comprises one or more securities. .((Andres) in at least para 0884)
According to KSR, simple substitution of one known element for another to obtain predictable result is common sense obviousness. The prior art Chuprevich contained a plurality of trading securities which differed from the claimed device by the substitution of specific trading security. The prior art Andres provides evidence that the substituted security and their functions were known in the art. Accordingly, based on list of securities of Chuprevich and specific security (compound/fixed/variable interest securities), one of ordinary skill in the art could have substituted one known security for another, and the results of the substitution would have been predictable.
In reference to Claim 52:
The combination of Chuprevich and Strnad discloses the limitations of independent claim 41. Chuprevich further discloses the limitations of dependent claim 52.
(New) The system of Claim 41 (see rejection of claim 41 above),
Chuprevich does not explicitly teach:
wherein said one or more investment vehicles comprises one or more AWL securities
Andres teaches:
wherein said one or more investment vehicles comprises one or more AWL securities. .((Andres) in at least para 0884)
According to KSR, simple substitution of one known element for another to obtain predictable result is common sense obviousness. The prior art Chuprevich contained a plurality of trading securities which differed from the claimed device by the substitution of specific trading security. The prior art Andres provides evidence that the substituted security and their functions were known in the art. Accordingly, based on list of securities of Chuprevich and specific security (compound/fixed/variable interest securities), one of ordinary skill in the art could have substituted one known security for another, and the results of the substitution would have been predictable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. AU 2005276949 B2 by Innes.
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/MARY M GREGG/Examiner, Art Unit 3695