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 .
DETAILED ACTION
The following is a Non-Final Office Action in response to communications received August 26, 2025. Claims 1 and 12 have been amended. Claims 1-18 are pending and examined.
Response to Amendments and Arguments
As to the rejection of Claims 1-18 under 35 U.S.C. § 101, Applicant’s arguments and amendments have been fully considered but are not persuasive. Applicant first argues that the claims do not recite a judicial exception. 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, a user makes a request for product, and a computer finds a best match for the user’s request. Applicant then argues that the instant claims do not merely recite a judicial exception but instead integrate the judicial exception into a practical application. As previously discussed, the claims are directed to a user makes a request for product, and a computer finds a best match for the user’s request. These therefore do fall under the category of “organizing human activity”. It does 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.” Applicant’s addition of the limitation of a buying or selling conversion button included in the region of the user interface could simply be a hyperlink and does make the claims eligible. Examiner maintains that in the current claims, the computer is used as a tool to implement the abstract idea. The rejection is thereby maintained.
As to the rejection of claims 1-18 under 35 U.S.C. § 103, Applicant's arguments and amendments have been fully considered but are not persuasive. The claims are rejected as amended as detailed below.
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 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
(Step 1) The claims recite a method, device, and product. For the purposes of this analysis, representative claim 1 is addressed.
(Step 2A, prong 1) Abstract ideas are in bold below, and represents certain methods of organizing human activity, as a method of providing financial investment product information based on a financial investment product with periodic nature. Providing financial investment product information based on a financial investment product with periodic nature is akin to certain methods of organizing human activity.
A method of providing financial investment product information based on a financial investment product with periodic nature by using a server, the method comprising:
determining, by an application, periodicity of a plurality of financial investment products;
detecting, by the application, financial investment products of the plurality of financial investment products, wherein the financial investment products possess a distinct periodic nature;
providing, by the application, on a screen of a user terminal, a user interface which provides comprising information on at least one of financial investment product buying information [[and]] or financial investment product selling information according to a request of the user terminal wherein the user interface comprises ;
receiving, by the application, via the user interface of the user terminal, user inputs comprising [[one]] a piece of financial investment product item information of the plurality of pieces of financial investment product item information of the list
providing, via the user interface, on the screen, detailed information on the received financial investment product item information,
wherein the detailed information comprises a financial investment product item name and expected return information at a time of selling or buying the financial investment product item, and at least one of the financial investment product item name and the expected return information is blinded information that is provided blindly,
wherein the blinded information is disclosed when the user terminal receives information that payment is completed, and wherein the expected return information is calculated based on periodic nature of a market price of the financial investment product item, wherein the providing comprises: displaying a time-series graph of the financial investment product item information above the financial investment product item information, and wherein the time-series graph comprises at least one of a buying recommendation time or a selling recommendation time of the financial investment and wherein at least one of a buying conversion button or a selling conversion button is included in a region of the user interface .
(Step 2A prong 2) The additional elements are considered as follows:
“by using a server”. This is merely “apply it” this sever is claimed at a high level of generality, it receives the information, performs the abstract idea, and outputs the results.
“providing, on a screen of a user terminal, a user interface” This is merely “apply it” this interface is claimed at a high level of generality, it receives and transmits information. This is an extra solution activity, akin to transmitting and receiving information.
“by a user terminal” or “on the screen of the user terminal” These are merely “apply it” this interface is claimed at a high level of generality, it receives and transmits information. This is an extra solution activity, akin to transmitting and receiving information.
“a buying conversion button or a selling conversion button is included in a region of the user interface” These are merely “apply it” this interface is claimed at a high level of generality, it receives and transmits information. This is an extra solution activity, akin to transmitting and receiving information.
“A device…comprising: a memory…and a processor” of Claim 12. This is merely “apply it” the memory and processor are claimed at a high level of generality, they receive and store the information, perform the abstract idea, and output the results.
“A non-transitory computer-readable recording medium storing a program” of Claim 18. This is merely “apply it” the recording medium and program are claimed at a high level of generality, they receive and store the information, perform the abstract idea, and output the results.
(Step 2B) The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration into a practical application, the additional elements amount to no more than mere instructions to apply the abstract idea of using generic computer components. The claim elements when considered separately and in an ordered combination, do not add significantly more than implementing the abstract idea of providing financial investment product information based on a financial i3nvestment product with periodic nature, over a generic computer network with generic computing elements, and generic hardware.
Analysis of dependent claims 2-11, and 13-17, recited additional details which only further narrow the abstract idea and do not add any additional features, alone or in combination, that would provide a practical application or provide significantly more.
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 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
Claims 1-18 are rejected under pre-AIA 35 U.S.C. 103(a) as being obvious over Ricketts et al. (Publication No.: US 2011/0093407 A1) in view of Hoffman et al. (Patent No.: US 7,249,080 B1).
As to Claim 1, Ricketts teaches a method of providing financial investment product information based on a financial investment product with periodic nature by using a server, the method comprising:
determining, by an application, periodicity of a plurality of financial investment products; periodic variations in time series data relating to buyer and seller purchasing. Time series data includes trends, cycles, seasonal, and irregular components. The present invention removes the irregular and seasonal components from the time series data in order to obtain a clear measure of the trends and cycle variations in buyer and seller purchases. The irregular component of time series data is referred to as "noise." The noise component of the data is removed by applying smoothing techniques, such as moving averages. Moving averages are averages of the data over periods of time. The seasonal component of time series data refers to data that exhibits a recurring variation, up or down, which occurs the same time each year. “);
detecting, by the application, financial investment products of the plurality of financial investment products, wherein the financial investment products possess a distinct periodic nature (see ¶[0058]);
providing, by the application, on a screen of a user terminal, a user interface comprising or financial investment product selling information according to a request of the user terminal wherein the user interface comprises investment product item information on the
receiving, by the application, via the user interface of the user terminal, user inputs comprising [[one]] a piece of financial investment product item information of the plurality of pieces of financial investment product item information of the list
providing, via the user interface, on the screen, detailed information on the received financial investment product item information (see ¶[0102]).
Although Ricketts substantially teaches the invention of Claim 1, it does not explicitly teach wherein the detailed information comprises a financial investment product item name and expected return information at a time of selling or buying the financial investment product item, and at least one of the financial investment product item name and the expected return information is blinded information that is provided blindly, wherein the blinded information is disclosed when the user terminal receives information that payment is completed, and wherein the expected return information is calculated based on periodic nature of a market price of the financial investment product item, wherein the providing comprises: displaying a time-series graph of the financial investment product item information above the financial investment product item information, and wherein the time-series graph comprises at least one of a buying recommendation time or a selling recommendation time of the financial investment and wherein at least one of a buying conversion button or a selling conversion button is included in a region of the user interface Hoffman does teach wherein the detailed information comprises a financial investment product item name and expected return information at a time of selling or buying the financial investment product item, and at least one of the financial investment product item name and the expected return information is blinded information that is provided blindly, wherein the blinded information is disclosed when the user terminal receives information that payment is completed, and wherein the expected return information is calculated based on periodic nature of a market price of the financial investment product item, wherein the providing comprises: displaying a time-series graph of the financial investment product item information above the financial investment product item information, and wherein the time-series graph comprises at least one of a buying recommendation time or a selling recommendation time of the financial investment and wherein at least one of a buying conversion button or a selling conversion button is included in a region of the user interface Hoffman with the financial investment product performance projecting features of Ricketts as both inventions pertain to ranking financial investment products. The motivation to combine is to manage investment risk.
As to Claim 2, Hoffman teaches the method of claim 1, wherein
the plurality of pieces of financial investment product item information in the list of the user interface are arranged according to expected return information of the financial investment products, and
the expected return information includes at least one of an expected rate of return and regression possibility information of the financial investment products (see Col. 7, lines 50-61 - The system estimates factor covariances with one another by running multiple regressions of weekly stock returns versus their factor values. The system interprets the coefficients on each factor as the returns from the factor in each week. The system takes the residuals, which represent stock returns, from these regression equations and calculates the average return for each sector (based on capitalization weights). Finally, the system calculates the residual returns of individual stocks by deducting each stock's factor and sector returns from its total return. From these residuals, the system estimates a residual standard deviation. The system can translate all risk measures into annual terms”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the expected return calculating of Hoffman with the financial investment product performance projecting features of Ricketts as both inventions pertain to ranking financial investment products. The motivation to combine is to manage investment risk.
As to Claim 3, Ricketts teaches the method of claim 2, wherein the user interface places the financial investment product item information at a top of the list in descending order of absolute values of normalized conversion values of current market price values of the financial investment products and further provides a time-series graph of the financial investment product item information placed at the top of the list (see Figure 17, and ¶[0183]).
As to Claim 4, Ricketts teaches the method of claim 3, wherein the time-series graph is configured with a scale in which two or more cycles are illustrated in the graph when a market price value of the financial investment product item information has a repeating cycle (see Figures 29A and 29B, and ¶[01015]).
As to Claim 5, Ricketts teaches the method of claim 4, wherein
the time-series graph includes a buying recommendation time and a selling recommendation time of the financial investment product item includes the time of recommendation to buy and the time to recommend selling of the financial investment product,
the buying recommendation time is marked at a peak point lower than an average value of the market price values in the graph or a value of a linear regression price line within a period set by a user, and
the selling recommendation time is marked at a peak point higher than the average value of the market price values in the graph or the value of the linear regression price line (see Figures 29A and 29B, and ¶[0191]-¶[0192]).
As to Claim 6, Ricketts teaches the method of claim 1, wherein
the user interface configures the list based on buying or selling, and
when receiving an input of the user terminal on a buying and selling conversion button included in one region of the user interface, the list is changed to a value corresponding to the input (see ¶[0191]-¶[0192]).
As to Claim 7, Ricketts teaches the method of claim 1, wherein the providing of the detailed information comprises:
requesting payment to the user terminal by considering at least one of a type of the financial investment product item information selectively input by the user terminal, account information of a user accessed through the user terminal, and activity information of the user;
As to Claim 8, Ricketts teaches the method of claim 7, wherein
the activity information of the user is determined based on at least one of comments of the user, a number of generated contents, a frequency of used paid services, and presence or absence of a paid member, and
a number of times by which blinded financial investment product item information is inquired free of charge is set differently for each user depending on a level of the activity information (see ¶[0102]).
As to Claim 9, Hoffman teaches the method of claim 2, wherein
the expected rate of return is calculated based on a difference between a current market price value and a market price value of a future point in time inferred through a periodic pattern of the financial investment product, and
the regression possibility information is calculated based on a difference between an average value or a value of a linear regression price line and a normalized and converted current market price value after a standard deviation or standard error-based normalization of a market price value of the financial investment product (see Col. 7, lines 49-61)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the expected return calculating of Hoffman with the financial investment product performance projecting features of Ricketts as both inventions pertain to ranking financial investment products. The motivation to combine is to manage investment risk.
As to Claim 10, Hoffman teaches the method of claim 5, wherein the selling recommendation time and the buying recommendation time is selected as a point in time corresponding to a value corresponding to a multiple of a standard deviation on an average price line or a multiple of a standard error on the linear regression price line by considering an average value and a standard deviation of a market price value for a past period of the financial investment product item, or considering a linear regression price line and a standard error of the market price value after normalization is performed on the financial investment product item (see Col. 7, line 40 through Col. 8, line 23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the selling recommendation time and the buying recommendation time calculating of Hoffman with the financial investment product performance projecting features of Ricketts as both inventions pertain to ranking financial investment products. The motivation to combine is to manage investment risk.
As to Claim 11, Hoffman teaches the method of claim 10, wherein a point in time corresponding to a value corresponding to a negative multiple of the standard deviation or the standard error is selected as the buying recommendation time, and a point in time corresponding to a value corresponding to a positive multiple of the standard deviation or the standard error is selected as the selling recommendation time (see Col. 7, line 40 through Col. 8, line 23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the selling recommendation time and the buying recommendation time calculating of Hoffman with the financial investment product performance projecting features of Ricketts as both inventions pertain to ranking financial investment products. The motivation to combine is to manage investment risk.
Claim 12 is the device for performing the method of Claim 1 and is rejected under the same reasoning as Claim 1.
Claim 13 is the device for performing the method of Claim 7 and is rejected under the same reasoning as Claim 7.
Claim 14 is the device for performing the method of Claim 8 and is rejected under the same reasoning as Claim 8.
Claim 15 is the device for performing the method of Claim 2 and is rejected under the same reasoning as Claim 2.
Claim 16 is the device for performing the method of Claims 3, 4, 5, and 10 and is rejected under the same reasoning as Claims 3, 4, 5, and 10.
Claim 17 is the device for performing the method of Claim 11 and is rejected under the same reasoning as Claim 11.
Claim 18 is the non-transitory computer-readable recording medium storing a program for performing the method of Claim 1 and is rejected under the same reasoning as Claim 1.
Conclusion
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)-272-3955. 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
12/27/2025
/EDWARD CHANG/Primary Examiner, Art Unit 3696 12/29/2025