LED 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 .
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 on June 24, 2025. 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and the fee set forth in 37 CFR § 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR § 1.114.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 June 24, 2025 has been entered.
Status of the Claims
This office action is prepared in response to the amended claims and Remarks filed by the applicant on June 24, 2025 relating to U.S. Patent Application No. 17/948,156, filed on September 19, 2022 which claims priority to U.S. Provisional Application No. 63/295,668, filed on December 31, 2021. Applicant has amended Claims 1, 10 and 19. Claims 1-26 are pending and have been examined. This action is non-final.
Information Disclosure Statements
The Information Disclosure Statements submitted by the Applicant on January 8, 2025 and March 27, 2025 are in compliance with the provisions of 37 CFR 1.97 and have been considered by the Examiner.
Response to Arguments
Applicant’s Remarks, submitted on June 24, 2025, have been fully considered, however, are not persuasive.
With respect to the Section 101 rejection, Applicant asserts that independent Claims 1, 10 and 19 do not recite certain methods of organizing human activity amounting to fundamental economic principles and practices including mitigating risk. (Remarks, pp 13-15). Examiner respectfully disagrees. Applicant has even acknowledged in its Remarks that “the continuous and concurrent graphical representations of real-time data may be used to inform decision-making, and that informed decision-making may effectively lead to risk mitigation.” (Remarks, p. 14). It is not necessary that the claims actually recite “mitigating risk” to fall within the category. Applicant also asserts that the independent claims do not recite mental processes in that the office action mischaracterizes by over simplifying the claim elements generating the dynamic interface with updates in real-time changes in the data as they cannot be generated in the human mind. (Remarks, pp. 15-16). Examiner respectfully disagrees. (See Section 101 Rejection below). Applicant further asserts that the independent claims integrate the abstract idea into a practical application in that the hardware components add a meaningful limitation to the claims and the claimed subject matter improves a particular technology in that the claimed subject matter provides steps to generate real-time representations of real-time data in a single dynamically changing visual representation. (Remarks, pp. 17-18). Examiner respectfully disagrees. The additional elements in the independent claims are recited at a high level of generality and used as tools to implement the abstract idea with generic computer components, processors, memory, software and terminals and do not integrate the abstract idea into a practical application. They do not provide a technical solution to a technical problem such as an improvement to computer functionality or to technology. (See Section 101 Rejection below). Applicant further asserts that the independent claims recite significantly more than the abstract idea in that
the claimed subject matter improves the technology by concurrently and graphically displaying diverse real-time data sets in dynamically changing graphical elements within a common region of a computer display such that a user may immediately and simultaneously appreciate up-to-date data corresponding a plurality of tradeable assets. (Remarks, pp. 18-19). Examiner respectfully disagrees. As discussed above, the additional elements in the independent claims are recited at a high level of generality and used as tools to implement the abstract idea with generic computer components, processors, memory, software and terminals. They do not provide a technical solution to a technical problem such as an improvement to computer functionality or to technology. They do not integrate the abstract idea into a practical application or recite significantly more to the abstract idea. (See Section 101 Rejection below). Lastly, Applicant asserts that the independent claims are similar to exemplary patent-eligible claims provided in USPTO Examples 37, 23 and 21. (Remarks, pp. 19-22). Examiner respectfully disagrees.
The instant claims are not similar to Example 37 in that they do not automatically display icons based on usage. The instant claims are not similar to Example 23 in that they do not recite a specific application of a mathematical algorithm that improves the functioning of the basic display of a computer. The instant claims are not similar to Example 21 in that they do not solve an Internet-centric problem with a solution routed in computer technology. The Section 101 Rejection is maintained.
With respect to the Section 103 rejections, Applicant asserts that when giving the elements their proper patentable weight, the cited combination of references does not recite the each of elements in the amended claims. (Remarks, pp. 22-24). Examiner respectfully disagrees. Applicant further asserts that should any of the rejections be maintained, appropriate evidentiary support should be provided. (Remarks, p. 24). Examiner respectfully disagrees. The MPEP does not require that “legal support” be provided for the fact that nonfunctional printed matter, which has no functional relation to the substrate, is not afforded patentable weight. See MPEP 2111.05. (See the Section 103 rejections below). The Section 103 rejections are maintained.
Claim Rejections - 35 USC § 101
35 U.S.C. § 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-26 are rejected pursuant to 35 USC § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 - Statutory Class
Claims 1-9, 19-22 and 25-26 are directed to a method. Claims 10-18 and 23-24 are directed to a non-transitory computer readable medium for storing instructions executed by a computer. Therefore, on its face, each of Claims 1-26 is directed to a statutory class of invention.
Step 2A, Prong 1 – Abstract Idea
Claim 10 recites: receive selection of a plurality of tradable assets; receive real-time data for each of a plurality of tradeable assets; generate a plurality of graphical elements for each tradeable asset of the plurality of tradeable assets based on the received real-time data, wherein the plurality of graphical elements comprises: a plurality of activity symbols for each tradable asset, a dividend symbol having a first variable aspect and a second variable aspect, wherein the first variable aspect is graphically indicative of whether a dividend is paid to a holder of one of the tradeable assets, and wherein the second variable aspect is graphically indicative of a quantity of past events associated with paid dividends to a holder of the tradable asset, and one or more recommendation symbols corresponding to a recommended trading action for one or more of the plurality of tradable assets, wherein the recommendation symbols are based on an aggregation of the data for each tradable asset; wherein the plurality of graphical interface elements for each of the plurality of tradeable assets updates in real time with real-time changes in the data of any of the plurality of tradeable assets; and generate an interface to display the plurality of graphical interface elements corresponding to the plurality of tradeable assets, wherein: the dynamic interface includes a plurality of concentric circles arranged within a common area of the dynamic interface, each of the plurality of concentric circles is associated with a corresponding activity symbol from the plurality of activity symbols, the dividend symbol originates at a central point within the plurality of concentric circles, the recommendation symbol for each of the plurality of tradeable assets is located outside an outermost concentric circle of the plurality of concentric circles and interface updates in real-time with real-time changes in the data of any of the plurality of tradeable assets. The recited abstract idea involves receiving data for a plurality of tradable assets, generating graphical elements for each tradeable asset based on the data which comprise a plurality of activity symbols, a dividend symbol having first and second variable aspects and a recommendation symbol corresponding to a trading action and generating interface update with changes in the data of any of the tradable assets, which amounts to fundamental economic principles and practices including mitigating risk falling under “Certain Methods of Organizing Human Activity” in MPEP 2106. The claim also recites a mental process. The receiving of tradeable asset data step is observation. The generating of graphical elements, including activity symbols and a dividend symbol, is evaluation and doesn’t require anything more than writing them down. The generating a recommendation symbol is judgment. The receiving and generating display updates with changes in the data about the tradable assets is observation and judgment. The abstract elements recited in independent Claims1 and 19 recite the same abstract idea and mental process.
Step 2A, Prong 2 – Practical Application
Claim 10 recites: a non-transitory computer readable medium for storing instructions that when executed by one or more processors cause the one or more processors to: receive, from a user with the computing system which comprises one or more processors and a network interface, selection of the plurality of tradeable assets; receive, across a computer network via the network interface, data for each of a plurality of tradeable assets, wherein the data is received in real-time; generate, with the computing system, a plurality of graphical interface elements for each tradeable asset of the plurality of tradeable assets based on the received data for each of the plurality of tradeable assets, wherein the plurality of graphical interface elements for each of the plurality of tradable assets comprises: a plurality of activity symbols for each tradable asset, wherein the plurality of activity symbols is based on the data for each corresponding tradable asset, a dividend symbol having a first variable aspect and a second variable aspect, wherein the first variable aspect is graphically indicative of whether a dividend is paid to a holder of one of the tradeable assets, and wherein the second variable aspect is graphically indicative of a quantity of past events associated with paid dividends to a holder of the tradable asset, and one or more recommendation symbols each corresponding to a recommended trading action for one or more of the plurality of tradable assets, wherein the recommendation symbols are based on an aggregation of the data for each corresponding tradable asset and generated by the computing system; and generate, with the computing system, a dynamic visual interface to continuously display to the user, via a screen of the computer system the plurality of graphical interface elements in real-time for corresponding one or more of the plurality of tradeable assets, wherein: the dynamic interface includes a plurality of concentric circles arranged within a common area of the dynamic interface, each of the plurality of concentric circles is associated with a corresponding activity symbol from the plurality of activity symbols, the dividend symbol originates at a central point within the plurality of concentric circles, the recommendation symbol for each of the plurality of tradeable assets is located outside an outermost concentric circle of the plurality of concentric circles, and the dynamic interface updates with real-time changes in the data of any of the plurality of tradeable assets. The additional elements recited in Claim 10 are underlined as indicated above. The additional elements are recited at a high level of generality and used as tools to implement the abstract idea with generic computer components, processors, memory, software and terminals and do not integrate the abstract idea into a practical application. They do not provide improvements to the functioning of a computer or to technology because they only manipulate and display financial data. The claims do not invoke a particular machine as our guidance is clear that a generic computer is not the particular machine envisioned and they do not transform matter as they only manipulate data which is not matter.
Step 2B – Significantly more
As set forth in the discussion in Step 2A, Prong 2, above, the additional elements of Claim 10 are recited at a high level of generality and used as tools and instructions to implement the abstract idea with generic computer components, processors, memory, software. They do not do not integrate the abstract idea into a practical application and do not add significantly more to the abstract idea.
Dependent claims
Claims 2 and 11 (data comprises information for each of the plurality of tradeable assets associated with: historical sale prices; historical trades involving one or more insiders; and upcoming dividend payments scheduled to be paid within a defined period of time from a date on which the data is received), Claims 3 and 12 (the information associated with historical trades involving the one or more insiders includes: a name and title of each of the one or more insiders who has traded one or more of the plurality of tradeable assets; dates on which each of the one or more insiders has traded the one or more of the plurality of tradeable assets; a volume of the one or more of the plurality of tradeable assets traded by each of the one or more insiders; and whether each of the one or more insiders has engaged in at least one of: (i) a purchase of one or more of the plurality of tradeable assets, (ii) a sale of one or more of the plurality of tradable assets, (iii) an exercise of an option issued for one or more of the plurality of tradeable assets, and (iv) a receipt of a grant of one or more of the plurality of tradeable assets), Claims 4 and 13 (the plurality of activity symbols includes: an insider trade involving one or more of the plurality of tradeable assets; a candlestick event; an upcoming dividend scheduled to be paid on one or more of the plurality of tradeable assets within a defined period of time from a date on which the data is received; and a market price of one or more of the plurality of tradeable assets being within a defined tolerance of an option strike price for a defined percentage of outstanding options for the one or more tradeable asset; each of the plurality of activity symbols indicates an occurrence of possible activities that have occurred or are scheduled to occur within the defined period of time), Claim 5 (the recommendation symbol includes information identifying each of the plurality of tradeable assets), Claims 6 and 14 (a portion of the dividend symbol for at least one of the plurality of tradeable assets is overlayed over the activity symbol), Claim 7 (the first variable aspect is a first color line or a second color line, the first color line indicating that the tradeable asset pays dividends, and the second color line indicating that the tradeable asset does not pay dividends; and the second variable aspect comprises a length of the first variable aspect, the length increasing with increasing quantities and/or amounts of dividends the tradeable asset pays), Claims 8 and 16 (recommendation symbol comprises: a ticker having at least one of alphabetic characters and numeric characters; and a color code to a portion of the ticker, the color code representing recommendations to buy, sell or hold a tradeable asset), Claims 9 and 17 (recommendation symbol comprises: a ticker having at least one of alphabetic characters and numeric characters; and a formatting to a portion of the ticker, the formatting representing recommendations to buy, sell or hold a tradeable asset), Claim 18 (the information associated with historical trades involving the one or more insiders further includes whether each of the one or more insiders has engaged in at least one of: a purchase of one or more of the plurality of tradeable assets, a sale of one or more of the plurality of tradable assets, an exercise of an option issued for one or more of the plurality of tradeable assets, and a receipt of a grant of one or more of the plurality of tradeable assets) , Claim 20 (the information associated with historical trades involving the one or more insiders further includes whether each of the one or more insiders has engaged in at least one of: a purchase of one or more of the plurality of tradeable assets, a sale of one or more of the plurality of tradable assets, an exercise of an option issued for one or more of the plurality of tradeable assets, and a receipt of a grant of one or more of the plurality of tradeable assets), Claims 21, 23 and 25 (presenting the dynamic interface to a third party, on a screen of a computing device associated with the third party, thereby enabling the third party to view performance of each tradeable asset displayed via the graphical elements in the dynamic interface) and Claims 22, 24 and 26 (the presented dynamic interface displays graphical elements representing top performing portfolios of one or more of the plurality of tradeable assets whose data is displayed via the dynamic interface) further define and merely add specificity to the abstract idea. Thus, the dependent claims also fail to add significantly more to the abstract idea.
As such, Claims 1-26 are not patent eligible.
Claim Rejections - 35 USC § 103
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.
Claims 1-6, 8-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Glickman, US 2004/0049448 A1, (“Glickman”), in view of Gatto, US 2002/0052820 A1, (“Gatto”).
Claim 1:
All of the language recited beyond the steps of the claimed method (generating graphical interface elements, activity, dividend and recommendation symbols and dynamic interface), none of which is interacted with, is non-functional printed matter which is considered but given no patentable weight. See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Glickman teaches:
A method for generating a dynamic visual interface with a computing system to display real-time information about a plurality of tradeable assets, the method comprising: receiving, from a user with the computing system which comprises one or more processors and a network interface, selection of the plurality of tradeable assets; (See Glickman, Par. 8 (It is accordingly an object of the invention to provide a method of defining an exchange-traded fund and a computer and software product for generating real-time fund information), Par. 21 (In accordance with a further feature of the invention, the server system is configured to search for stocks including a stock price and a history of dividend distributions, the client system is configured to display to the customer a percentage dividend yield defined by a percentage ratio of past dividend distribution over a given period of time relative to the price of the security.), Par. 22 (In a preferred implementation, the invention belongs into an electronic commerce system having a computer system configured to search for securities, a history of dividend yields associated with the respective securities, and price-earnings ratios associated with the respective securities.), Par. 19 (A server system programmed to search, via the Internet, a current state of the predefined set of dividend-yielding securities or within the parameters entered in the client system by the customer and to transmit a search result to the client system.))
receiving, across a computer network via the network interface, real-time data for each of the plurality of tradeable assets, wherein the data is received in real-time; (See Glickman, Par. 21 (In accordance with a further feature of the invention, the server system is configured to search for stocks including a stock price and a history of dividend distributions, the client system is configured to display to the customer a percentage dividend yield defined by a percentage ratio of past dividend distribution over a given period of time relative to the price of the security.), Par. 22 (In a preferred implementation, the invention belongs into an electronic commerce system having a computer system configured to search for securities, a history of dividend yields associated with the respective securities, and price-earnings ratios associated with the respective securities.), Par. 19 (A server system programmed to search, via the Internet, a current state of the predefined set of dividend-yielding securities or within the parameters entered in the client system by the customer and to transmit a search result to the client system.))
generating, with the computing system, a plurality of graphical interface elements for each tradeable asset of the plurality of tradeable assets based on the received real-time data for each of the plurality of tradeable assets, wherein the plurality of graphical interface elements for each of the plurality of tradable assets comprises: a plurality of activity symbols for each tradable asset, wherein the plurality of activity symbols is based on the data for each corresponding tradable asset, (See Glickman, Par. 61 (An exemplary output display would contain the necessary information, namely the ticker symbol, the extent of the search (here the two US exchanges and two US indices), the name of the security, the last-quoted price, P/E ratio, and the dividend yield, in percent of the stock price, over a period of the last 12 months.))
a dividend symbol having a first variable aspect and a second variable aspect, wherein the first variable aspect is graphically indicative of whether a dividend is paid to a holder of one of the tradeable assets, and wherein the second variable aspect is graphically indicative of a quantity of past events associated with paid dividends to a holder of the tradable asset, and (See Glickman, Par. 21 (In accordance with a further feature of the invention, the server system is configured to search for stocks including a stock price and a history of dividend distributions, the client system is configured to display to the customer a percentage dividend yield defined by a percentage ratio of past dividend distribution over a given period of time relative to the price of the security.), Par. 61 (An exemplary output display would contain the necessary information, namely the ticker symbol, the extent of the search (here the two US exchanges and two US indices), the name of the security, the last-quoted price, P/E ratio, and the dividend yield, in percent of the stock price, over a period of the last 12 months.))
wherein the plurality of graphical interface elements for each of the plurality of tradeable assets updates in real time with real-time changes in the data of any of the plurality of tradeable assets; (See Glickman, Par. 8 (It is accordingly an object of the invention to provide a method of defining an exchange-traded fund and a computer and software product for generating real-time fund information), Par. 19 (A server system programmed to search, via the Internet, a current state of the predefined set of dividend-yielding securities or within the parameters entered in the client system by the customer and to transmit a search result to the client system.), Par. 74 (Modifies content of the display in reference to a revised search.))
generating, with the computing device, the dynamic interface to continuously display, to the user via a screen of the computing system the plurality of graphical interface elements in real-time for corresponding one or more of the plurality of tradeable assets, (See Glickman, Par. 8 (It is accordingly an object of the invention to provide a method of defining an exchange-traded fund and a computer and software product for generating real-time fund information), Par. 19 (A server system programmed to search, via the Internet, a current state of the predefined set of dividend-yielding securities or within the parameters entered in the client system by the customer and to transmit a search result to the client system.))
wherein: the dynamic interface includes a plurality of concentric circles arranged within a common area of the dynamic interface, each of the plurality of concentric circles is associated with a corresponding activity symbol from the plurality of activity symbols, the dividend symbol originates at a central point within the plurality of concentric circles, the recommendation symbol for each of the plurality of tradeable assets is located outside an outermost concentric circle of the plurality of concentric circles, and (The content of the display is non-functional printed matter which is considered but given no patentable weight.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
the dynamic interface updates in real-time with real-time changes in the data of any of the plurality of tradeable assets. (See Glickman, Par. 8 (It is accordingly an object of the invention to provide a method of defining an exchange-traded fund and a computer and software product for generating real-time fund information), Par. 19 (A server system programmed to search, via the Internet, a current state of the predefined set of dividend-yielding securities or within the parameters entered in the client system by the customer and to transmit a search result to the client system.), Par. 74 (Modifies content of the display in reference to a revised search.))
Glickman does not expressly disclose, however, Gatto teaches:
one or more recommendation symbols each corresponding to a recommended trading action for one or more of the plurality of tradable assets, wherein the recommendation symbols are based on an aggregation of the data for each corresponding tradable asset and generated by the computing system; and (See Gatto, Par. 346 (Stock recommendation information may be displayed according to another embodiment of the present invention. This feature of the invention may provide analyst recommendations for a particular stock for a period of time. Stock recommendations may include strong sell, sell, hold, buy and strong buy.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Glickman discussed above, a step for displaying a recommendation for a trading action, as taught by Gattao. Glickman teaches a method for defining an exchange traded fund generating real time fund information. It would be obvious for Glickman as part of his system to include a step for displaying a recommendation for a trading action so as to advise a user on an appropriate investment action to take based on the real time information. Since the claimed invention is merely a combination of old elements, Glickman’s defining an exchange traded fund generating real time fund information and Gatto’s recommendation for a trading action, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 2:
Glickman and Gatto teach each and every element of Claim 1 above.
receiving the data comprises information for each of the plurality of tradable assets associated with: historical sale prices; historical trades involving one or more insiders; and upcoming dividend payments scheduled to be paid within a defined period of time from a date on which the data is received. (This is non-functional descriptive language. It does not change the claimed method. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Claim 3:
Glickman and Gatto teach each and every element of Claim 2 above.
the information associated with historical trades involving the one or more insiders includes: a name and title of each of the one or more insiders who has traded one or more of the plurality of the tradeable assets; dates on which each of the one or more insiders has traded the one or more of the plurality of tradeable assets; a volume of the one or more of the plurality of tradeable assets traded by each of the one or more insiders; and whether each of the one or more insiders has engaged in at least one of: (i) a purchase of one or more of the plurality of tradeable assets, (ii) a sale of the one or more of the plurality of tradable assets, (iii) an exercise of an option issued for one or more of the plurality of tradeable assets, and (iv) a receipt of a grant of one or more of the plurality of tradeable assets. (This is non-functional descriptive language. It does not change the claimed method. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Claim 4:
Glickman and Gatto teach each and every element of Claim 1 above.
the plurality of activity symbols includes: an insider trade involving one or more of the plurality of tradeable assets; a candlestick event; an upcoming dividend scheduled to be paid on one or more of the plurality of tradable assets within a defined period of time from a date on which the data is received; and a market price of one or more of the plurality of tradeable assets being within a defined tolerance of an option strike price for a defined percentage of outstanding options for the one or more tradeable asset; each of the plurality of activity symbols indicates an occurrence of possible activities that have occurred or are scheduled to occur within the defined period of time. (This is non-functional descriptive language. It does not change the claimed method. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Claim 5:
Glickman and Gatto teach each and every element of Claim 41 above.
the recommendation symbol includes information identifying each of the plurality of tradeable assets. (This is non-functional descriptive language. It does not change the claimed method. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Claim 6:
Glickman and Gatto teach each and every element of Claim 5 above.
a portion of the dividend symbol for at least one of the plurality of tradeable assets is overlayed over the activity symbol. (This is non-functional descriptive language. It does not change the claimed method. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Claim 8:
Glickman and Gatto teach each and every element of Claim 1 above.
the recommendation symbol comprises: a ticker having at least one of alphabetic characters and numeric characters; and a color code to a portion of the ticker, the color code representing recommendations to buy, sell or hold a tradeable asset. (This is non-functional descriptive language. It does not change the claimed method. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Claim 9:
Glickman and Gatto teach each and every element of Claim 1 above.
the recommendation symbol comprises: a ticker having at least one of alphabetic characters and numeric characters; and a formatting to a portion of the ticker, the formatting representing recommendations to buy, sell or hold a tradeable asset. (This is non-functional descriptive language. It does not change the claimed method. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Claim 10:
All of the language recited beyond the steps of the claimed method (generating graphical interface elements, activity, dividend and recommendation symbols and dynamic interface), none of which is interacted with, is non-functional printed matter which is considered but given no patentable weight. See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Glickman teaches:
A non-transitory computer readable medium for storing instructions that when executed by one or more processors cause the one or more processors to: receive, from a user with the computing system which comprises one or more processors and a network interface, selection of the plurality of tradeable assets; (See Glickman, Par. 8 (It is accordingly an object of the invention to provide a method of defining an exchange-traded fund and a computer and software product for generating real-time fund information), Par. 95 (Distribution of the novel process is best effected via computer-readable media. Such media include all kinds of computer memory devices such as floppy disks, high density disks, hard disk drives, CDs, DVDs, Flash-ROM, non-volatile ROM, RAM, EEPROM (memory cards, memory sticks, etc.) and carrier waves for the transmission of data through wired and wireless systems.), Par. 21 (In accordance with a further feature of the invention, the server system is configured to search for stocks including a stock price and a history of dividend distributions, the client system is configured to display to the customer a percentage dividend yield defined by a percentage ratio of past dividend distribution over a given period of time relative to the price of the security.), Par. 22 (In a preferred implementation, the invention belongs into an electronic commerce system having a computer system configured to search for securities, a history of dividend yields associated with the respective securities, and price-earnings ratios associated with the respective securities.), Par. 19 (A server system programmed to search, via the Internet, a current state of the predefined set of dividend-yielding securities or within the parameters entered in the client system by the customer and to transmit a search result to the client system.))
receive, across a computer network via the network interface, real-time data for each of a plurality of tradeable assets, wherein the data is received in real-time; (See Glickman, Par. 21 (In accordance with a further feature of the invention, the server system is configured to search for stocks including a stock price and a history of dividend distributions, the client system is configured to display to the customer a percentage dividend yield defined by a percentage ratio of past dividend distribution over a given period of time relative to the price of the security.), Par. 22 (In a preferred implementation, the invention belongs into an electronic commerce system having a computer system configured to search for securities, a history of dividend yields associated with the respective securities, and price-earnings ratios associated with the respective securities.), Par. 19 (A server system programmed to search, via the Internet, a current state of the predefined set of dividend-yielding securities or within the parameters entered in the client system by the customer and to transmit a search result to the client system.))
generate, with the computing system, a plurality of graphical interface elements for each tradeable asset of the plurality of tradeable assets based on the received real-time data for each of the plurality of tradeable assets, wherein the plurality of graphical interface elements for each of the plurality of tradable assets comprises: a plurality of activity symbols for each tradable asset, wherein the plurality of activity symbols is based on the data for each corresponding tradable asset, (See Glickman, Par. 61 (An exemplary output display would contain the necessary information, namely the ticker symbol, the extent of the search (here the two US exchanges and two US indices), the name of the security, the last-quoted price, P/E ratio, and the dividend yield, in percent of the stock price, over a period of the last 12 months.))
a dividend symbol having a first variable aspect and a second variable aspect, wherein the first variable aspect is graphically indicative of whether a dividend is paid to a holder of one of the tradeable assets, and wherein the second variable aspect is graphically indicative of a quantity of past events associated with paid dividends to a holder of the tradable asset, and (See Glickman, Par. 21 (In accordance with a further feature of the invention, the server system is configured to search for stocks including a stock price and a history of dividend distributions, the client system is configured to display to the customer a percentage dividend yield defined by a percentage ratio of past dividend distribution over a given period of time relative to the price of the security.), Par. 61 (An exemplary output display would contain the necessary information, namely the ticker symbol, the extent of the search (here the two US exchanges and two US indices), the name of the security, the last-quoted price, P/E ratio, and the dividend yield, in percent of the stock price, over a period of the last 12 months.))
wherein the plurality of graphical interface elements for each of the plurality of tradeable assets updates in real time with real-time changes in the data of any of the plurality of tradeable assets; (See Glickman, Par. 8 (It is accordingly an object of the invention to provide a method of defining an exchange-traded fund and a computer and software product for generating real-time fund information), Par. 19 (A server system programmed to search, via the Internet, a current state of the predefined set of dividend-yielding securities or within the parameters entered in the client system by the customer and to transmit a search result to the client system.), Par. 74 (Modifies content of the display in reference to a revised search.))
generate, with the computing system, a dynamic visual interface to continuously display, to the user via a screen of the computing system, the plurality of graphical interface elements in real-time for corresponding one or more of the plurality of tradeable assets, and (See Glickman, Par. 8 (It is accordingly an object of the invention to provide a method of defining an exchange-traded fund and a computer and software product for generating real-time fund information), Par. 19 (A server system programmed to search, via the Internet, a current state of the predefined set of dividend-yielding securities or within the parameters entered in the client system by the customer and to transmit a search result to the client system.))
wherein: the dynamic interface includes a plurality of concentric circles arranged within a common area of the dynamic interface, each of the plurality of concentric circles is associated with a corresponding activity symbol from the plurality of activity symbols, the dividend symbol originates at a central point within the plurality of concentric circles, the recommendation symbol for each of the plurality of tradeable assets is located outside an outermost concentric circle of the plurality of concentric circles, and (The content of the display is non-functional printed matter which is considered but given no patentable weight.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
the dynamic interface updates in real-time with real-time changes in the data of any of the plurality of tradeable assets. (See Glickman, Par. 8 (It is accordingly an object of the invention to provide a method of defining an exchange-traded fund and a computer and software product for generating real-time fund information), Par. 19 (A server system programmed to search, via the Internet, a current state of the predefined set of dividend-yielding securities or within the parameters entered in the client system by the customer and to transmit a search result to the client system.), Par. 74 (Modifies content of the display in reference to a revised search.))
Glickman does not expressly disclose, however, Gatto teaches:
one or more recommendation symbols each corresponding to a recommended trading action for one or more of the plurality of tradable assets, wherein the recommendation symbols are based on an aggregation of the data for each corresponding tradable asset and generated by the computing system; and (See Gatto, Par. 346 (Stock recommendation information may be displayed according to another embodiment of the present invention. This feature of the invention may provide analyst recommendations for a particular stock for a period of time. Stock recommendations may include strong sell, sell, hold, buy and strong buy.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Glickman discussed above, a step for displaying a recommendation for a trading action, as taught by Gattao. Glickman teaches a method for defining an exchange traded fund generating real time fund information. It would be obvious for Glickman as part of his system to include a step for displaying a recommendation for a trading action so as to advise a user on an appropriate investment action to take based on the real time information. Since the claimed invention is merely a combination of old elements, Glickman’s defining an exchange traded fund generating real time fund information and Gatto’s recommendation for a trading action, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 11:
Glickman and Gatto teach each and every element of Claim 10 above.
the data comprises information for each of the plurality of tradable assets associated with: historical sale prices of one or more of the tradable assets; historical trades one or more of the tradable assets involving one or more insiders; and upcoming dividend payments scheduled to be paid from one or more of the tradable assets within a defined period of time from a date on which the data is received. (This is non-functional descriptive language. It does not change the claimed non-transitory computer readable medium. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Claim 12:
Glickman and Gatto teach each and every element of Claim 11 above.
the information associated with historical trades involving the one or more insiders includes: a name and title of each of the one or more insiders who has traded one or more of the plurality of tradable assets; dates on which each of the one or more insiders has traded one or more of the plurality of tradable assets; and a volume of the one or more of the plurality of tradable assets traded by each of the one or more insiders. (This is non-functional descriptive language. It does not change the claimed non-transitory computer readable medium. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Claim 13:
Glickman and Gatto teach each and every element of Claim 10 above.
the plurality of activity symbols includes: an insider trade involving one or more of the plurality of tradable asset; a candlestick event; an upcoming dividend scheduled to be paid on one or more of the plurality of tradable assets within a defined period of time from a date on which the data is received; and a market price of one or more of the plurality of tradable asset being within a defined tolerance of an option strike price for a defined percentage of outstanding options for the one or more tradeable asset; each of the plurality of activity symbols indicates an occurrence of possible activities that have occurred or are scheduled to occur within the defined period of time. (This is non-functional descriptive language. It does not change the claimed non-transitory computer readable medium. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Claim 14:
Glickman and Gatto teach each and every element of Claim 13 above.
a portion of the dividend symbol for at least one of the plurality of tradeable assets is overlayed over the activity symbol. (This is non-functional descriptive language. It does not change the claimed non-transitory computer readable medium. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.).
Claim 16:
Glickman and Gatto teach each and every element of Claim 10 above.
the recommendation symbol comprises: a ticker having at least one of alphabetic characters and numeric characters; and a color code to a portion of the ticker, the color code representing recommendations to buy, sell or hold a tradeable asset. (This is non-functional descriptive language. It does not change the claimed non-transitory computer readable medium. It has no patentable weight. It changes how a person interprets the data.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional