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 .
Status of Claims
This action is in reply to the response filed on November 6, 2025.
Claims 2-7, 9-14, and 16-20 have been cancelled.
Claims 1, 8, and 15 have been amended.
No claims were added.
Claim(s) 1, 8, and 15 are currently pending and have been examined.
This action is made Non-Final.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 6, 2025 has been entered.
Response to Arguments
Applicant argued that Examiner’s 101 rejection was improper because amended claims 1, 8, and 15 recite a practical application of the alleged abstract idea. Examiner disagrees. Applicant’s claimed invention does not recite a practical application of the abstract idea because the additional elements of the claimed invention, when viewed either individually or in combination with the abstract idea, are merely tools used to implement the recited abstract idea by providing the environment in which the abstract idea is executed. The additional elements, when combined with the abstract idea, do not improve the functioning of the computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment. Therefore, Examiner finds Applicant’s argument non-persuasive.
Applicant argued that Examiner’s 101 rejection was improper because the claimed invention provides an improvement in a technology or technical field. Examiner disagrees. Applicant’s claimed invention uses current technology to implement an abstract idea. However, the claimed invention does not improve upon the technology itself. Therefore, Examiner finds Applicant’s argument non-persuasive.
Applicant argued that Examiner’s 101 rejection was improper because the claimed invention is patent eligible based on the reasoning of ex parte Guillaume Desjardins. Examiner disagrees. Unlike the claimed invention discussed in ex parte Desjardins, Applicant’s claimed invention does not improve upon the functionality of the computer by changing how it operates. Therefore, Examiner finds Applicant’s argument non-persuasive.
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.
Claim(s) 1, 8, and 15 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim(s) 1, 8, and 15 are directed to a system, method, or product, which are/is one of the statutory categories of invention. (Step 1: YES).
The Examiner has identified independent system claim 8 as the claim that represents the claimed invention for analysis and is similar to independent method Claim 1 and product Claim 15. Claim 8 recites the following limitations:
[at least one processor;] and
[memory comprising a set of instructions for the automatic provision of transactional data, wherein the set of instructions, with the at least one processor, is configured to cause the computer system to:]
receive un-formatted data associated with a second credit transaction [from a second payment gateway via a first application programming interface (API)], the un-formatted data associated with the second credit transaction including a third data packet having an identification of a credit provider and a second transaction profile, wherein the initial transaction profile includes a second merchant data set including a second identification of a merchant associated with the second payment gateway, and a second purchaser dataset including a second identification of a purchaser;
extract the second transaction profile from the third data packet and generate a second risk profile based on the second transaction profile;
generate a second borrowing rate value based on the second risk profile, make a first determination that the second borrowing rate is above a pre-determined threshold value, such that the second risk profile is not associated with level three data;
in response to the first determination, access a first external server [via a second API], the first external server having a merchant database populated with a first external data set associated with a previously executed first credit transaction, wherein populating the first external data set associated with the first credit transaction includes:
receiving, via a first touch display of a first payment gateway located at a first location of a merchant, a first user input from a purchaser to initiate a first credit transaction at a first time;
[by the first payment gateway,] initiating the first credit transaction in response to the first user input, [by the first payment gateway,] storing un-formatted data associated with the first credit transaction in the first external dataset of the merchant database of the first external server, wherein the un-formatted data associated with the first credit transaction includes a first data packet including a first transaction profile, the first transaction profile including a date associated with the first credit transaction, a transaction amount associated with the first credit transaction, a first merchant data set, and a first purchaser data set, wherein the first merchant data set includes a first identification of the merchant, a first identification of a sales tax rate associated with the first credit transaction, a first location of the first merchant, a first merchant zip code associated with the first location, and a first merchant tax identification number associated with the merchant, and wherein the first purchaser data set includes a first identification of the purchaser, [by the first payment gateway,] and based on the first identification of the purchaser of the first purchaser data set, transmitting the first data packet having the first transaction profile to a credit server associated with the credit provider, [by the credit server], extracting the first transaction profile from the first data packet and generating a first risk profile based on the first transaction profile, [by the credit server], assigning a first borrowing rate value to the first credit transaction based on the first risk profile, [by the credit server], transmitting a second data packet including the first borrowing rate value to the first payment gateway, [by the first payment gateway], executing the first credit transaction based on the first borrowing rate of the second data packet, and
providing, [via first display of the first payment gateway], a first notification to the purchaser that the first credit transaction has been executed, wherein the first notification includes an indication of the first borrowing rate value, and
wherein generating the second risk profile includes: receiving, [via a second user interface of the second payment gateway located at a second location of the merchant different than the first location], a second user input from the purchaser to initiate a second credit transaction at a second time later than the first time,
[by the second payment gateway,] initiating the second credit transaction in response to the second user input;
make a second determination that the second identification of the purchaser of the second purchaser dataset is equivalent to the first identification of the purchaser of the first purchaser dataset and the second identification of the merchant of the second merchant data set is equivalent to the first identification of the merchant of the first merchant dataset;
in response to the second determination, parse the first external data set for a first plurality of data elements associated with the first credit transaction;
extract the first plurality of data elements from the first external data set, wherein the first plurality of data elements includes the first data packet of the un-formatted data associated with the-first credit transaction;
generate a first formatted external data set by converting each of the first plurality of data elements into a format associated with level three transaction data;
augment the second transaction profile of the third data packet with the first formatted external data set to generate a third transaction profile wherein augmenting the second transaction profile with the first formatted external data set includes automatically entering each of the first plurality of formatted data elements into one of the second purchaser dataset or the second merchant dataset based on a determination as to whether each formatted data element of the first formatted external data set is associated with the second purchaser data set or the second merchant data set, such that the third transaction profile includes a third purchaser data set and a third merchant data set; generate a third risk profile based on the third transaction profile;
generate a third borrowing rate value based on the third risk profile;
make a third determination that the third borrowing rate is above the pre-determined threshold value, such that the third risk profile is not associated with level three transaction data;
in response to the third determination, access a second external server [via a third API], the second external server having a public database populated with a second external data set;
parse the second external data set for a second plurality of data elements associated with the second credit transaction based on the second identification of the purchaser of the second purchaser data set and the second identification of the merchant of the second merchant data set;
extract the second plurality of data elements from the second external data set;
generate a second formatted external data set by converting each of the second plurality of data elements into the format associated with level three transaction data;
augment the third transaction profile with the second external data set to generate a fourth transaction profile, wherein augmenting the third transaction profile with the second external data set includes automatically entering each of the second plurality of data elements into one of the third purchaser dataset or the third merchant dataset based on a determination as to whether each formatted data element of the second formatted external data set is associated with the third purchaser data set or the third merchant data set;
generate a fourth risk profile based on the fourth transaction profile;
generate a fourth borrowing rate value based on the fourth risk profile;
make a fourth determination that the fourth borrowing rate is below the pre-determined threshold value, such that the fourth risk profile is associated with level three transaction data;
in response to the fourth determination, transmit, [via a fourth API] and based on the identification of the purchaser of the fourth transaction profile, a fourth data packet including the fourth transaction profile to the credit server;
receive a fifth data packet including a confirmation from the credit server, wherein the confirmation includes a verification that the credit server has transmitted the fourth transaction profile to the second payment gateway and the fourth transaction profile enables execution of the second credit transaction with level three transaction data, such that the second credit transaction includes a discounted interchange rate relative to the first credit transaction;
receive a sixth data packet including confirmation from the second payment gateway that the second credit transaction has been processed as level three transaction data, such that the fourth borrowing rate value is less than each of the first, second, and third borrowing rate values; and
in response to receiving the fifth data packet and the sixth data packet, storing, in a third external data set stored on a purchaser database of the third external server the fourth risk profile and the fourth transaction profile,
wherein processing the second credit transaction as level three transaction data includes:
[by the second payment gateway], executing the second credit transaction, and
providing, [via a second display of the second payment gateway], a second notification to the purchaser that the second credit transaction has been executed, wherein the second notification includes an indication of the second borrowing rate value and a confirmation that the second credit transaction included the discounted interchange rate.
These limitations, under their broadest reasonable interpretation, cover performance of the limitations as certain methods of organizing human activity because the limitations recite fundamental economic principles or practices. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation as a fundamental economic principle or practice, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claims recite an abstract idea. The at least one processor, memory, payment gateways, APIs, and credit server in Claim 8 are just applying generic computer components to the recited abstract limitations. The recitation of generic computer components in a claim does not necessarily preclude that claim from reciting an abstract idea. Claim(s) 1 and 15 are also abstract for similar reasons. (Step 2A-Prong 1: YES. The claims recite an abstract idea)
This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of at least one processor, memory, a plurality of payment gateways, a plurality of APIs, and a credit server. The computer hardware/software is/are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts to no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality. Therefore, claim(s) 1, 8, and 15 are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using computer hardware amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Accordingly, these additional elements do not change the outcome of the analysis when considered separately and as an ordered combination. Thus, claim(s) 1, 8, and 15 are not patent eligible. (Step 2B: NO. The claims do not provide significantly more)
Conclusion
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. Leteux et al (US 10,453,093 B1) discloses the use of external databases and formatting files into a standard format.
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/JOHN O PRESTON/Examiner, Art Unit 3693
December 24, 2025
/Mike Anderson/Supervisory Patent Examiner, Art Unit 3693