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 .
Response to Amendment
In light of Applicant's submission filed December 15, 2025, the Examiner has maintained and updated the 35 USC § 101 and 103 rejections.
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.
Claims 1-15 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. Specifically claims 1, 11, and 16, the limitation that states, “an existing customer of said financial institution based on a financial institution code associated with said webpage”, the applicant’s specification does not teach or suggest the aforementioned limitation. The applicant’s specification at [0053] discloses requests from the customer's web browser to the server 110 include a financial institution code which identifies the particular financial institution from which the customer's request originates. However just because a request originates does not necessarily equal that the user is an existing customer of the financial institution. Any user on the internet can visit a financial institution website and be associated with some type of code, but that does not automatically equate to being an existing customer.
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 - 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. The claim(s) recite(s) the following limitations that are considered to be abstract ideas:
Claims 1, 11,
access a vehicle finder application (VFA) and a lead widget, wherein said lead widget and said VFA are embedded within a parent document of a webpage, wherein said VFA presents a vehicle details page within a parent document of a webpage, wherein a first functional document of said lead widget and a second functional document of said VFA are configured to acquire information from a user to create a lead;
a lead management application, wherein said second computing entity is configured to receive said lead created by said VFA and said lead widget, determine if said lead is an existing customer, wherein said existing customer has a previous loan for a first vehicle,
receiving a session identifier code associated with said and obtained by said VFA; receiving said information from said VFA and said lead widget;
comparing said information obtained by said VFA and said information obtained by said lead widget to existing information to determine if said user is said existing customer;
retrieving, from a loan-portfolio database, historical payment data for said existing customer and computing, by a payoff-prediction engine, a projected payoff date for a loan on said first vehicle;
creating a targeted lead for said existing customer based on said session identifier code and said information when said projected payoff date falls within a predefined eligibility window; wherein said targeted lead is chosen for a new loan to purchase a particular vehicle, wherein said particular vehicle was viewed within said VFA and associated with said existing customer via said session identifier code, wherein said session identifier code is associated with said first computing entity of said user and assists in determining said particular vehicle, wherein said session identifier code is unique to said lead; and creating an offer email for said targeted lead using an email template chosen within said lead management application when said projected payoff date falls within said predefined eligibility window, wherein said offer email pertains to said new loan for purchasing said particular vehicle.
The limitations of independent claim 1, 11, and 16 as detailed above, as drafted, falls within the “Certain Method of Organizing Human Activity” grouping of abstract ideas namely “advertising, marketing or sales activities or behaviors” because the claims disclose performing advertising, marketing or sales activities or behaviors comprising collecting information, analyzing the information, determining sales leads, where the leads to targeted loan for a vehicle. Accordingly, 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 using processors, non-transitory computer readable medium, processor, server, computing entity. The aforementioned additional generic computing elements perform the steps of the claims at a high level of generality (i.e. As a generic medium performing generic computer function of receiving, creating) such that it amounts no more than mere instructions to apply the exception using a generic computer component. 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.
The claim does not include additional elements that are sufficient to
amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using processors, non-transitory computer readable medium, processor, server, computing entity 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. This is not patent eligible.
Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of the computer or improves any other technology. Their collective functions merely provide generic computer implementation.
Thus, taken individually and in combination, the additional elements do not amount to
significantly more than the above-identified judicial exception (the abstract idea).
The dependent claims 2-10 and 12-15 appear to merely further limit the abstract and as such, the analysis of dependent claims 2-10 and 12-15 results in the claims “reciting” an abstract idea The claims the claims do not recited additional elements that integrate the exception into a practical application the additional elements do not amount to an inventive concept (significantly more) other than the above-identified judicial exception (the abstract idea). Thus, based on the detailed analysis above, claims 1-15 are not patent eligible.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 9 10,14, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Painter et al. (US 2018/0204281) in view of Nabe et al. (US 2002/0194050) in view Cotton (US7,827, 099) in further view of Loving et al. (US 2008/0126244) in view of Kochhar et al. (US 2021/0090147)
Claims 1: Painter discloses a system for identifying new leads comprising: a server configured to host a webpage of a financial institution, wherein said webpage comprises a lead widget and a vehicle finder application (VFA) embedded within a parent document, wherein a second functional document of said VFA is configured to obtain vehicle data and user data pertaining to a vehicle, wherein a search widget of said VFA is configured to carry out a search request for said vehicle based on said vehicle data input into said second functional document, wherein a vehicle details page (VDP) of said VFA is configured to present vehicle information based on said search request;(see for example [0057], provide information used in approving a user or purchase. Examples of information provider systems 120 may include computer systems controlled by credit bureaus, fraud and ID vendors, vehicle data vendors or financial institutions. A financial institution may be any entity such as a bank, savings and loan, credit union, etc. that provides any type of financial services to a participant involved in the purchase of a vehicle. Information provider systems 120 may comprise any number of other various sources accessible over network 105, which may provide other types of desired data, for example, data used in identity verification, fraud detection, credit checks, credit risk predictions, income predictions, affordability determinations, residual value determinations or other processes ([0041], interface, see [0046], client application (e.g. lead widget) includes user data and vehicle data, see [0048], a seller portal (e.g. vehicle finder application) the applicant’s specification at [0043] that the vehicle finder application is application used inside of a webpage, which is equivalent to the reference of Painter.) a first computing entity of a user operably connected to said server having a user interface configured to access said (VFA) and said lead widget, wherein said VFA presents a said VDP to said user via said parent document, wherein a unique identifier, created by said VFA, is associated with said first computing entity when said first computing entity accesses said VDP, wherein said unique identifier determines which user of a plurality of users said user data and said vehicle data should be associated with, wherein said user data, vehicle data, and unique identifier are used to create a lead; ([0041] and [0082] user id, associated to a vehicle, 0137], unique user id to the user and user application identifier. (also see [0049])a second computing entity operably connected to said server and having a second user interface configured access lead management application, is configured to receive said lead created by said VFA ad said lead widget, ([0041], interface, see [0046], client application (e.g. lead widget) includes user data and vehicle data, see [0048], a seller portal (e.g. vehicle finder application) the applicant’s specification at [0043] that the vehicle finder application is application used inside of a webpage, which is equivalent to the reference of Painter.) a processor operably connected to said first computing entity and second computing entity; a server operably connected to said processor via a network; (see [0012], computer coupled to a network. The server computer comprises a processor and set of computer instructions stored on a non-transitory computer readable medium.)
and a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: (see [0012])
receiving said unique identifier associated with said first computing entity;; ([0137], unique user id to the user and user application identifier) receiving said vehicle data from said VFA and said user data from said lead widget; ([0046, 0048]) creating a lead based on said session identifier code and said user data;(see Fig. 4I and [0147] for example, illustrates one embodiment of an application page indicating that the user has been approved for a particular payment amount. The amount displayed can be populated with data received from automotive data processing system 100. In response to an input signal based on user interaction in the GUI (e.g., in response to the user tapping the “Find My Ride” virtual button), client application 114 can display an application corresponding to a next stage in the purchase process.) and creating a plurality of targeted leads based on said user data and said vehicle data, wherein said plurality of targeted leads are at least one of said lead being targeted for a loan to purchase a particular vehicle, wherein said particular vehicle was viewed within said vehicle finder application, wherein each said lead comprises said session identifier code and said user data that is unique to said lead.(see for example (see Fig. 16 and [0384], creates an order profile when a user application is approved to track the purchase process after pre-approval (step 1600). In one embodiment user application service 210 notifies order service 220 that an application has been approved and passes consumer context information (application data) to order service 220. Order service 220 creates the order profile associated with the user to associate customer information with vehicle information and track context of an approved user's interactions with application 150. The order profile may include a variety of attributes, including encrypted PII, the consumer's affordability score and credit risk score and other information. As a consumer browses inventory and selects vehicle, information from the inventory record and other information regarding the selected vehicle may be added to the order profile.) determine if said lead is an existing customer of said financial institution based on a financial institution code associated with said webpage ([0049] The consumer or the computer system can provide the activation code to the dealer and the dealer can use the dealer portal to enter the activation code, information about a vehicle-of-interest, dealer bank account information or other information. Based on the activation code, the computer system can provide the dealer with access to the consumer profile associated with the activation code to view information about the consumer, such as compliant personally identifiable information, a copy of the consumer's driver's license or a picture of the consumer, and financing information (e.g., approval amount).but does not explicitly disclose wherein said second computing entity is configured to determine if said lead is an existing customer, wherein said existing customer has a previous loan for a first vehicle; comparing said information obtained by said VFA and said information obtained by said lead widget to existing information of said second computing entity to determine if said user is said existing customer; However Nabe discloses, wherein said existing customer has a previous loan for a first vehicle through said financial institution;(see for example [0039] at any stage of an existing loan, a customer may be interested in buying an additional vehicle. In one embodiment, using historical data, modeling is used to predict which customers are most likely to respond to an additional vehicle) comparing said information obtained by said VFA and said information obtained by said lead widget to existing information of said second computing entity to determine if said user is said existing customer;(see for example [0040], Data within database 106 is compared to business exclusion criteria 108, for example, where customer data indicates that a vehicle purchase has taken place within the last six months or is determined to be a cash buyer, to provide a preliminary list of the most promising potential customers), wherein said offer email pertains to said new loan for purchasing said particular vehicle.(see for example [0066], refinancing and the offering of other loans, direct auto loans to consumers to buy a new car, buy insurance (including, but not limited to, payment protection insurance (insurance against becoming unable to make payments because of illness), personal accident insurance, and auto insurance), personal loans, and debt consolidation loans to repay auto loans, credit card debt and other non-lender financed loans. [0068] e-mail. also see [0058])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter to have included wherein said second computing entity is configured to determine if said lead is an existing customer, wherein said existing customer has a previous loan for a first vehicle; comparing said information obtained by said VFA and said information obtained by said lead widget to existing information of said second computing entity to determine if said user is said existing customer; creating a targeted lead for said existing customer based on said session offer email pertains to said new loan for purchasing said particular vehicle, in order to properly customize the email based on what is relevant to the customer. Painter and Nabe not explicitly disclose retrieving, from a loan-portfolio database, historical payment data for said existing customer and computing, by a payoff-prediction engine, a projected payoff date for a loan on said first vehicle; creating a targeted lead for said existing customer based on said session identifier code and said information when said projected payoff date falls within a predefined eligibility window; However Cotton discloses retrieving, from a loan-portfolio database, historical payment data for said existing customer and computing, by a payoff-prediction engine, a projected payoff date for a loan on said first vehicle; creating a targeted lead for said existing customer based on said session identifier code and said information when said projected payoff date falls within a predefined eligibility window; (see for example Col 2 lines 13-24, the financial terms comparison module performed at least one calculation based on the retrieved information in order to make this comparison. The alert transmission module is configured to transmit an alert to a dealer in cases in which the financial terms comparison module determines that a customer is able to enter into a new financial arrangement on terms favorable to the customer. Such alerts identify to the dealer the customer that is able to enter into a new financial arrangement on terms favorable to the customer and identify to the dealer the terms of the new financial arrangement. Col. 6 lines 28-39 the payoff amount (e.g., the amount owed to the lender to satisfy the agreement), a date until which the lender will accept the payoff amount in satisfaction of the agreement (e.g., a date representing the end of a ten-day period or other suitable period), a trade-in value associated with the product under the agreement, a trade equity (e.g., the trade-in value less the payoff amount), and a security deposit (if any) held by the lender. In one embodiment, the trade-in value is an average of trade-in values over a suitable period, which values may be obtained from one or more suitable sources. And Col. 7 lines 5-53, database)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter to have included retrieving, from a loan-portfolio database, historical payment data for said existing customer and computing, by a payoff-prediction engine, a projected payoff date for a loan on said first vehicle; creating a targeted lead for said existing customer based on said session identifier code and said information when said projected payoff date falls within a predefined eligibility window, in order to get the opportunity to increase sales, by offering during a specific time window thereby significantly increasing the changes that a customer is willing to enter into a new agreement. (col. 23 lines 47-50, Cotton)
Painter, Nabe and Cotton do not explicitly disclose creating an offer email for said targeted lead using an email template chosen within said lead management application when said projected payoff date falls within said predefined eligibility window.
However Loving discloses creating an offer email for said targeted lead using an email template chosen within said lead management application when said projected payoff date falls within said predefined eligibility window ([0058], the service provided by CRM tool 126 may be activated for a given lead only when both the car dealership that received the lead and the program associated with the lead are enrolled in the follow-up service. When active, CRM tool 126 may trigger follow-up contacts (e.g., e-mail messages) when the lead reaches a specified date and/or status within the predetermined methodology. Triggering of the e-mail messages by CRM tool 126 may involve sending the information associated with the lead to server(s) within system 112 or to third-party server(s) (e.g., CheetahMail server(s), which may be part of credit bureau(s) 108) for use in populating an appropriate e-mail template and sending the e-mail message to the party.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter to have creating an offer email for said targeted lead using an email template chosen within said lead management application when said projected payoff date falls within said predefined eligibility window, in order to give customers the opportunity to schedule appointments with car dealers. ([0059], Loving)
Painter, Nabe, Cotton, and Loving do not explicitly disclose wherein a first functional document of said lead widget is configured to obtain user data pertaining to a sweepstakes. However Kochhar discloses wherein a first functional document of said lead widget is configured to obtain user data pertaining to a sweepstakes(see [0084], he gift transaction system may be incorporated or integrated with a sweepstakes module for promoting products, brands, or services. FIG. 39 presents an exemplary interface for entering a sweepstakes according to an embodiment of the present invention. Contestants may provide their first name, last name, email address, and phone number to submit an entry into a sweepstakes.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter to have wherein a first functional document of said lead widget is configured to obtain user data pertaining to a sweepstakes, in order to contact customers.( Kochhar [0085])
Claim 2: Painter, Nabe, Cotton, and Loving discloses the system of claim 1, wherein said user data and said vehicle data are saved within a user profile associated with a said user, wherein said unique identifier is used to determine which said user profile of a plurality of user
profiles to use to create said targeted lead. [0049]Painter
Claim 3: Painter, Nabe, Cotton, and Loving discloses the system of claim 2, wherein said lead management application presents said user profile of said existing customer as said lead. ([0049,0079, 0081] Painter)
Claim 9: Painter, Nabe, Cotton, and Loving discloses the system of claim 1, further comprising permission levels, wherein said permission levels are configured to limit access to said user data of said lead. [0054]Painter
Claim 10: Painter, Nabe, Cotton, and Loving discloses the system of claim 1, further comprising a script on a webpage, wherein said script requests said lead widget from said server, wherein said webpage is accessible via said user interface of said first computing entity. [0041]Painter
Claim 14: Painter, Nabe, Cotton, and Loving discloses the system of claim 1, further comprising permission levels, wherein said permission levels are configured to limit access to said user data and said vehicle data of said lead. [0054]
Claim 15: Painter, Nabe, Cotton, and Loving discloses the system of claim 1, further comprising a script on a webpage, wherein said script requests said lead widget from said server, wherein said webpage is accessible via said user interface of said first computing entity. [0041]
Claim(s) 4, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Painter et al. (US 2008/0204281) in view of Nabe et al. (US 2002/0194050) and view Cotton (US7,827, 099) in further view of Loving et al. (US 2008/0126244), further in view of Kochhar in further view of Jordan et al. (US 2007/0255663)
Claim 4: Painter, Nabe, Cotton, Loving, and Kochhar discloses the system of claim 3, but fail to teach wherein said email template contains at least one place holder variable configured to insert information of said user profile of said relevant to said user data of a targeted lead of said plurality of targeted leads. However Jordan discloses creating a plurality of offer emails for said plurality of targeted leads using an email template chosen within said lead management application, wherein said plurality of offer emails pertains to said loan for purchasing a said particular vehicle, wherein said email template contains at least one place holder variable relevant to said user data of a targeted lead. (see for example [0084] template window will open and the buyer 10 will enter the relevant information such as the item or services, the seller 20, the seller's E-mail address, the offer and the time offer is open for. To make an offer, the buyer 10 simply fills in the fields of the template. For example for a car, the buyer would describe the car that they are interested in buying: it could be described by VIN#, year, type, and color, etc. . . . the seller's price (their asking price), the offered price, the seller's name (Hank's Autos), and their email address (either the salesperson or dealership)) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter, Nabe, Cotton, Loving, and Kochhar to have included creating a plurality of offer emails for said plurality of targeted leads using an email template chosen within said lead management application, wherein said plurality of offer emails pertains to said loan for purchasing a said particular vehicle, wherein said email template contains at least one place holder variable relevant to said user data of a targeted lead of said plurality of targeted leads, in order to properly customize the email based on what is relevant to the customer. Claims 11: Painter discloses a system for identifying new leads comprising:
a server configured to host a webpage of a financial institution, wherein said webpage comprises a lead widget and a vehicle finder application (VFA) embedded within a parent document, wherein a second functional document of said VFA is configured to obtain user data and vehicle data pertaining to a vehicle, wherein a search widget of said VFA is configured to carry out a search request for said vehicle based on said vehicle data input into said second functional document, wherein a vehicle details page (VDP) of said VFA is configured to present vehicle information based on said search request; see for example [0057], provide information used in approving a user or purchase. Examples of information provider systems 120 may include computer systems controlled by credit bureaus, fraud and ID vendors, vehicle data vendors or financial institutions. A financial institution may be any entity such as a bank, savings and loan, credit union, etc. that provides any type of financial services to a participant involved in the purchase of a vehicle. Information provider systems 120 may comprise any number of other various sources accessible over network 105, which may provide other types of desired data, for example, data used in identity verification, fraud detection, credit checks, credit risk predictions, income predictions, affordability determinations, residual value determinations or other processes ([0041], interface, see [0046], client application (e.g. lead widget) includes user data and vehicle data, see [0048], a seller portal (e.g. vehicle finder application) the applicant’s specification at [0043] that the vehicle finder application is application used inside of a webpage, which is equivalent to the reference of Painter.) a first computing entity of a user operably connected to said server and having a user interface configured to access said VFA and a lead widget, wherein said VFA presents said VDP to said user via said parent document, wherein a unique identifier, created by said VFA, is associated with said first computing entity when said first computing entity accesses said VDP, wherein said unique identifier determines which user of a plurality of users said user data and said vehicle data should be associated with, wherein said user data, vehicle data, and unique identifier are used to create a lead; ([0041] and [0082] user id, associated to a vehicle, 0137], unique user id to the user and user application identifier. (also see [0049]) a second computing entity operably connected to said server and having a second user interface configured to access a lead management application, wherein said lead management application is configured to receive said lead created by said VFA ad said lead widget, ([0041], interface, see [0046], client application (e.g. lead widget) includes user data and vehicle data, see [0048], a seller portal (e.g. vehicle finder application) the applicant’s specification at [0043] that the vehicle finder application is application used inside of a webpage, which is equivalent to the reference of Painter.) a processor operably connected to said first computing entity and second computing entity; a server operably connected to said processor via a network; (see [0012], computer coupled to a network. The server computer comprises a processor and set of computer instructions stored on a non-transitory computer readable medium.)
and a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: (see [0012])
receiving a session identifier code obtained by said vehicle finder application; ([0137], unique user id to the user and user application identifier) receiving said user data and vehicle data from said lead widget; ([0046, 0048]) creating a lead based on said session identifier code and said user data;(see Fig. 4I and [0147] for example, illustrates one embodiment of an application page indicating that the user has been approved for a particular payment amount. The amount displayed can be populated with data received from automotive data processing system 100. In response to an input signal based on user interaction in the GUI (e.g., in response to the user tapping the “Find My Ride” virtual button), client application 114 can display an application corresponding to a next stage in the purchase process.) and creating a plurality of targeted leads based on said user data and said vehicle data, wherein said plurality of targeted leads are at least one of said lead being targeted for a loan to purchase a particular vehicle, wherein said particular vehicle was viewed within said vehicle finder application, wherein each said lead comprises said session identifier code and said user data that is unique to said lead.(see for example (see Fig. 16 and [0384], creates an order profile when a user application is approved to track the purchase process after pre-approval (step 1600). In one embodiment user application service 210 notifies order service 220 that an application has been approved and passes consumer context information (application data) to order service 220. Order service 220 creates the order profile associated with the user to associate customer information with vehicle information and track context of an approved user's interactions with application 150. The order profile may include a variety of attributes, including encrypted PII, the consumer's affordability score and credit risk score and other information. As a consumer browses inventory and selects vehicle, information from the inventory record and other information regarding the selected vehicle may be added to the order profile.) but does not explicitly disclose wherein said second computing entity is configured to determine if said lead is an existing customer, wherein said existing customer has a previous loan for a first vehicle; creating a targeted lead for said existing customer based on said session; creating an offer email for said targeted lead using an email template chosen within said lead management application, wherein said offer email pertains to said new loan for purchasing said particular vehicle. However Nabe discloses determine if said lead is an existing customer, wherein said existing customer has a previous loan for a first vehicle;(see for example [0039] at any stage of an existing loan, a customer may be interested in buying an additional vehicle. In one embodiment, using historical data, modeling is used to predict which customers are most likely to respond to an additional vehicle) creating a targeted lead for said existing customer based on said session; creating an offer email for said targeted lead using an email template chosen within said lead management application, wherein said offer email pertains to said new loan for purchasing said particular vehicle.(see for example [0066], refinancing and the offering of other loans, direct auto loans to consumers to buy a new car, buy insurance (including, but not limited to, payment protection insurance (insurance against becoming unable to make payments because of illness), personal accident insurance, and auto insurance), personal loans, and debt consolidation loans to repay auto loans, credit card debt and other non-lender financed loans. [0068] e-mail. also see [0058])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter to have included wherein said second computing entity is configured to determine if said lead is an existing customer, wherein said existing customer has a previous loan for a first vehicle; comparing said information obtained by said VFA and said information obtained by said lead widget to existing information of said second computing entity to determine if said user is said existing customer; creating a targeted lead for said existing customer based on said session; creating an offer email for said targeted lead using an email template chosen within said lead management application, wherein said offer email pertains to said new loan for purchasing said particular vehicle, in order to properly customize the email based on what is relevant to the customer. Painter and Nabe do not disclose wherein said email template contains at least one place holder variable configured to insert information of said user profile of said targeted lead; placing a tracking tag within said offer email, wherein said tracking tag causes an email client to send a request containing an offer ID associated with said targeted lead to said processor, wherein said server processor parses said request for said offer ID in order to generate a vehicle upgrade page using said information that is specific to said targeted lead; and sending said offer emails to said targeted leads via said email client. However Jordan discloses wherein said email template contains at least one place holder variable configured to insert information of said user profile of said targeted lead; placing a tracking tag within said offer email, wherein said tracking tag causes an email client to send a request containing an offer ID associated with said targeted lead to said processor, wherein said server processor parses said request for said offer ID in order to generate a vehicle upgrade page using said information that is specific to said targeted lead; and sending said offer emails to said targeted leads via said email client. (see for example [0184- 0186], discloses The responses 143 can be tagged or otherwise identified with a template ID, which is recognised by the system 108 in order to identify the stage of the lead 130 processing by the user (e.g. initial response, sent quote, sent revised quote, sent financing details, ended the lead 130 on good terms, etc.). Accordingly, the system 108 can use assigned template IDs for tracking the content of the messages 143 and ultimately the progress of the lead 130 processing by the user. It is also recognised that the templates 314 can include a number of sub templates, each having their own template ID (e.g. template name, template type, lead 130 processing stage that the template applies to, lead category, etc.). Accordingly, any particular response message 143 can be composed of a number of templates with their corresponding template IDs.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter to have included wherein said email template contains at least one place holder variable configured to insert information of said user profile of said targeted lead; placing a tracking tag within said offer email, wherein said tracking tag causes an email client to send a request containing an offer ID associated with said targeted lead to said processor, wherein said server processor parses said request for said offer ID in order to generate a vehicle upgrade page using said information that is specific to said targeted lead; and sending said offer emails to said targeted leads via said email client, in order to facilitate the implementation of consistent user behavior and/or a consistent "look and feel" for a specific program or marketing campaign (see [0187], Jordan)
Painter and Nabe not explicitly disclose retrieving, from a loan-portfolio database, historical payment data for said existing customer and computing, by a payoff-prediction engine, a projected payoff date for a loan on said first vehicle; creating a targeted lead for said existing customer based on said session identifier code and said information when said projected payoff date falls within a predefined eligibility window; However Cotton discloses retrieving, from a loan-portfolio database, historical payment data for said existing customer and computing, by a payoff-prediction engine, a projected payoff date for a loan on said first vehicle; creating a targeted lead for said existing customer based on said session identifier code and said information when said projected payoff date falls within a predefined eligibility window; (see for example Col 2 lines 13-24, the financial terms comparison module performed at least one calculation based on the retrieved information in order to make this comparison. The alert transmission module is configured to transmit an alert to a dealer in cases in which the financial terms comparison module determines that a customer is able to enter into a new financial arrangement on terms favorable to the customer. Such alerts identify to the dealer the customer that is able to enter into a new financial arrangement on terms favorable to the customer and identify to the dealer the terms of the new financial arrangement. Col. 6 lines 28-39 the payoff amount (e.g., the amount owed to the lender to satisfy the agreement), a date until which the lender will accept the payoff amount in satisfaction of the agreement (e.g., a date representing the end of a ten-day period or other suitable period), a trade-in value associated with the product under the agreement, a trade equity (e.g., the trade-in value less the payoff amount), and a security deposit (if any) held by the lender. In one embodiment, the trade-in value is an average of trade-in values over a suitable period, which values may be obtained from one or more suitable sources. And Col. 7 lines 5-53, database)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter to have included retrieving, from a loan-portfolio database, historical payment data for said existing customer and computing, by a payoff-prediction engine, a projected payoff date for a loan on said first vehicle; creating a targeted lead for said existing customer based on said session identifier code and said information when said projected payoff date falls within a predefined eligibility window, in order to get the opportunity to increase sales, by offering during a specific time window thereby significantly increasing the changes that a customer is willing to enter into a new agreement. (col. 23 lines 47-50, Cotton)
Painter, Nabe, Jordan and Cotton do not explicitly disclose creating an offer email for said targeted lead using an email template chosen within said lead management application when said projected payoff date falls within said predefined eligibility window.
However Loving discloses creating an offer email for said targeted lead using an email template chosen within said lead management application when said projected payoff date falls within said predefined eligibility window ([0058], the service provided by CRM tool 126 may be activated for a given lead only when both the car dealership that received the lead and the program associated with the lead are enrolled in the follow-up service. When active, CRM tool 126 may trigger follow-up contacts (e.g., e-mail messages) when the lead reaches a specified date and/or status within the predetermined methodology. Triggering of the e-mail messages by CRM tool 126 may involve sending the information associated with the lead to server(s) within system 112 or to third-party server(s) (e.g., CheetahMail server(s), which may be part of credit bureau(s) 108) for use in populating an appropriate e-mail template and sending the e-mail message to the party.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter, Nabe, Jordan and Cotton to have included creating an offer email for said targeted lead using an email template chosen within said lead management application when said projected payoff date falls within said predefined eligibility window, in order to give customers the opportunity to schedule appointments with car dealers. ([0059], Loving)
But does not explicitly disclose wherein a first functional document of said lead widget is configured to obtain user data pertaining to a sweepstakes,
However Kochhar discloses wherein a first functional document of said lead widget is configured to obtain user data pertaining to a sweepstakes, (see [0084], he gift transaction system may be incorporated or integrated with a sweepstakes module for promoting products, brands, or services. FIG. 39 presents an exemplary interface for entering a sweepstakes according to an embodiment of the present invention. Contestants may provide their first name, last name, email address, and phone number to submit an entry into a sweepstakes.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter to have wherein a first functional document of said lead widget is configured to obtain user data pertaining to a sweepstakes, in order to contact customers.( Kochhar [0085])
Claim(s) 5-8, 12, 13, is/are rejected under 35 U.S.C. 103 as being unpatentable over Painter et al. (US 2008/0204281) in view of Nabe et al. (US 2002/0194050) and in view of Jordan et al. (US 2007/0255663) and view Cotton (US 7,827, 099) in further view of Loving et al. (US 2008/0126244) in view of Merz et al. (US 2017/0031963)
Claim 5, 8: Painter, Nabe, Cotton, and Loving discloses the system of claim 4, wherein said non-transitory computer-readable medium contains additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: but does not explicitly disclose
placing a tracking tag within each offer email of said plurality of offer emails, wherein said tracking tag causes an email client to send a request containing an offer ID associated with said targeted lead to said server, wherein said server parses said request for said offer ID in order to generate a vehicle upgrade page using said user data and said vehicle data that is specific to said targeted lead. However Merz discloses placing a tracking tag within each offer email of said plurality of offer emails, wherein said tracking tag causes an email client to send a request containing an offer ID associated with said targeted lead to said server, wherein said server parses said request for said offer ID in order to generate a vehicle upgrade page using said user data and said vehicle data that is specific to said targeted lead. ([0036], make offers from a plurality of merchants easier for a customer to manage in comparison to receiving individual offers from a plurality of individual merchants. Communication to the customer by the tag tracking computing device may be completed using mail, e-mail, an application running on a user device of the customer, or the like.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter, Nabe, Cotton, and Loving to have included placing a tracking tag within each offer email of said plurality of offer emails, wherein said tracking tag causes an email client to send a request containing an offer ID associated with said targeted lead to said server, wherein said server parses said request for said offer ID in order to generate a vehicle upgrade page using said user data and said vehicle data that is specific to said targeted lead., in order to properly know if the customer has engaged with the email offer.
Claim 6. Painter, Nabe, Cotton, Loving discloses the system of claim 5, wherein said non-transitory computer-readable medium contains additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: but does not explicitly disclose
sending said plurality of offer emails to said plurality of targeted leads via said email client. However Merz discloses sending said plurality of offer emails to said plurality of targeted leads via said email client. [0036] It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter to have included sending said plurality of offer emails to said plurality of targeted leads via said email client in order to give a method to send an email. Claim 7, 12: Painter, Nabe, Cotton, Loving discloses the system of claim 6, wherein said non-transitory computer-readable medium contains additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: but does not explicitly disclose
waiting for said request from said email client. However Merz discloses waiting for said request from said email client. [0036 and 0037]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter to have included waiting for said request from said email client in order to give a method to send an email.
Claim 13: Painter, Nabe, Cotton, Loving discloses the system of claim 12, wherein said non-transitory computer-readable medium contains additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: but doe not explicitly disclose noting within said lead when said tracking tag causes said email client to send said requests to said server.
However Merz discloses waiting for said request from said email client. [0036 and 0037]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Painter to have included waiting for said request from said email client in order to give a method to track the sending of an email.
Response to Arguments
Applicant's arguments filed December 15, 2025 have been fully considered but they are not persuasive. The applicant argues that the claims as amended are not directed to a method of organizing human activity, the Examiner respectfully disagrees the applicant’s claims are directed to commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). Specifically, the applicant’s commercial interactions and business relations(e.g. managing leads, loan information and prediction,. Offer emails regarding loans) by steps performed in the independent claims. Essentially the applicant’s claims are directed to targeted advertising, customer profiling, predicting purchasing behavior (e.g. loan payoff prediction) and sending customized marketing messages (e.g. offer email). The aforementioned are business concepts that the courts have deemed abstract ideas. By way of example, in Intellectual Ventures I v. Capital One Fin. Corp., 850 F.3d 1332, 121 USPQ2d 1940 (Fed. Cir. 2017), the steps in the claims described "the creation of a dynamic document based upon ‘management record types’ and ‘primary record types.’" 850 F.3d at 1339-40; 121 USPQ2d at 1945-46. The claims were found to be directed to the abstract idea of "collecting, displaying, and manipulating data." 850 F.3d at 1340; 121 USPQ2d at 1946. In addition to the abstract idea, the claims also recited the additional element of modifying the underlying XML document in response to modifications made in the dynamic document. 850 F.3d at 1342; 121 USPQ2d at 1947-48. Although the claims purported to modify the underlying XML document in response to modifications made in the dynamic document, nothing in the claims indicated what specific steps were undertaken other than merely using the abstract idea in the context of XML documents. The court thus held the claims ineligible, because the additional limitations provided only a result-oriented solution and lacked details as to how the computer performed the modifications, which was equivalent to the words "apply it". 850 F.3d at 1341-42; 121 USPQ2d at 1947-48 (citing Electric Power Group., 830 F.3d at 1356, 1356, USPQ2d at 1743-44 (cautioning against claims "so result focused, so functional, as to effectively cover any solution to an identified problem")) – MPEP 2106.05(f) Similar to the applicant’s claims Intellectual Ventures I v. Capital One Fin. Corp , vi. An advance in the informational content of a download for streaming, Affinity Labs of Tex. v. DirecTV, LLC, 838 F.3d 1253, 1263, 120 USPQ2d 1201, 1208 (Fed. Cir. 2016);(targeted content delivery) vi. Limiting the abstract idea of collecting information, analyzing it, and displaying certain results of the collection and analysis to data related to the electric power grid, because limiting application of the abstract idea to power-grid monitoring is simply an attempt to limit the use of the abstract idea to a particular technological environment, Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016); The applicant further argues the 101 via BASCOM (defining a non-conventional and non-generic arrangement) the Examiner respectfully disagrees the claims merely recite generic computing elements (e.g. server, computing entity(see applicant’s specification [0025] states, “A computing entity 200 that may house the processor 220 therein may include, but are not limited to, laptops, desktops, workstations, personal digital assistants, servers, mainframes, cellular telephones, tablet computers, or any other similar device. Accordingly, the inventive subject matter disclosed herein, in full or in part, may be implemented or utilized in devices including, but are not limited to, laptops, desktops, workstations, personal digital assistants, servers, mainframes, cellular telephones, tablet computers, or any other similar device” (e.g. generic computing devices), processor, non-transitory computer readable medium are performing their ordinary functions of receiving data, analyzing information, and transmitting offers. Therefore BASCOM does not apply. The applicant again refers to Berkheimer, the Examiner again, respectfully disagrees Berkheimer evidence is not required, the Examiner has not asserted that any limitations are insignificant extra solution activity, nor has the Examiner stated that any limitations or additional elements are well understood, routine and conventional. Thus the Examiner is not required to provide Berkheimer evidence. (see MPEP 2106.07 states - At Step 2A Prong Two or Step 2B, there is no requirement for evidence to support a finding that the exception is not integrated into a practical application or that the additional elements do not amount to significantly more than the exception unless the examiner asserts that additional limitations are well-understood, routine, conventional activities in Step 2b") Limitations that are indicative of integration into a practical application:
• Improvements to the functioning of a computer, or to any other technology or technical
field - see MPEP 2106.05(a)
• Applying or using a judicial exception to effect a particular treatment or prophylaxis for a
disease or medical condition – see Vanda Memo
• Applying the judicial exception with, or by use of, a particular machine - see MPEP
2106.05(b)
• Effecting a transformation or reduction of a particular article to a different state or thing -
see MPEP 2106.05(c)
• Applying or using the judicial exception in some other meaningful way beyond generally
linking the use of the judicial exception to a particular technological environment, such
that the claim as a whole is more than a drafting effort designed to monopolize the
exception - see MPEP 2106.05(e) and Vanda Memo
The applicant’s claims do not appear to have any limitations that are indicative of integration into a practical application. Thus the 101 rejection is maintained.
Applicant’s arguments with respect to claim(s) 1-16 have been considered but are moot due to the updated rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARNELL A POUNCIL whose telephone number is (571)270-3509. The examiner can normally be reached Monday - Friday 10:00 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ilana Spar can be reached at (571) 270-7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.A.P/Examiner, Art Unit 3622
/ILANA L SPAR/Supervisory Patent Examiner, Art Unit 3622