DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The following is a final office action in response to the application filed 29 October 2025.
Applicant’s amendments to Claims 1, 4, 12, 15 and 20 and cancellation of Claims 2, 3, 13 and 14 have been received and acknowledged. Claims 8, 9, 11 and 19 were previously cancelled.
Claims 1, 4-7, 10, 12, 15-18 and 20 have been examined and are pending.
Response to Arguments
Applicant's arguments filed 29 October 2025 have been fully considered but they are not persuasive.
With regard to the rejections under 35 USC 101, Applicant argues: The newly amended claim language is analogous to the patent eligible claims of Example 42. Applicant further argues that “ the improvement…resulting from a manipulation of data into a standard format that results in an improved outcome…generation of the unique linking identifier, its storage in a particular manner in association with particular data elements and the downstream use of linked data is akin to the formatting and normalization feature identified as a technological improvement of SME Example 42…” (Applicant’s response, 14-21) Applicant then reiterates the arguments referencing the patent eligible claims of Uniloc USA, Inc v. LG Electronics USA. to further support Applicant’s assertion that the recited claims “…reflect a technological improvement over prior art systems…” (Applicant’s response, 22-24) Restating, that the patent eligible claims of Uniloc were found to be ‘directed to a patent eligible improvement to computer functionality by the addition of the new data field for polling secondary stations.’ (Applicant’s response, 20 citing Uniloc), Applicant analogized independent claims 1, 12, and 20 as “…… the claim specifically overcome a problem arising in the realm of existing payment network data structures, which are not configured to link latently related payment devices… the claimed features related to the linking identifier and its storage relative to the other data elements improve the efficiency with which composite outputs associated with the first user device and the at least one second user device may be generated….” (Applicant’s response, 22-24).
.
Examiner respectfully disagrees. As previously stated, unlike the patent eligible claims of Example 42, the recited invention at best improves an abstract idea (i.e. Linking latent payment devices) and is not an improvement to technology as asserted by Applicant. Also as previously stated, the problem identified by Applicant citing Specification [2] and noting ( “… the difficulty (i.e. the problem of monitoring “…patterns of the group from those disparate, unlinked payment devices and gain insights from those patterns…” …may be difficult to identify payment devices that should be linked as a group (given the latent nature of the potential relationship between unlinked payment devices) and subsequently generate composite reports reflecting the transaction activity
of the group…”) is a business challenge not a technological problem. This business challenge is solved per Applicant’s own statements through monitoring of patterns using the “transaction processing servers” which are described as: “…the term “server” may refer to or include on or more computing devices that are operated by or facilitate communication and processing for multiple parties in a network environment, such as the Internet, although it will be appreciated that communication may be facilitated over one or more public or private network environments and that various other arrangements are possible….” (Specification [93]). In other words these are generic computing elements used to solve a business problem. (See MPEP 2106.05 (d), (f) and (g)) The ‘converting’ step of Claim 1, Example 42 renders the invention patent eligible; as the conversion of data in a non-standard format into a standardized format is considered a practical application. This is not analogous to Applicant’s ‘data manipulation’ of the instant claims as noted in the rejection below and previously.
Also previously stated, it is further noted that 'data structure’ is mentioned twice in the Specification ([83] Tokens may be associated with a PAN, debtor account identifier, creditor account identifier, or other original account identifier in one or more data structures (e.g., one or more databases, and/or the like) such that they may be used to conduct a transaction without directly using the original account identifier....[115] The linking table 110 may be in the form of any type of data structure, such as a graph, multidimensional array, and/or the like.). In other words, the disclosure of ‘data structure’ and ‘database’ are for generic elements.
Additionally, as previously stated, ‘data structure’/database as disclosed is not a machine rather, per the Specification, it could be a component (e.g. a storage element) or an abstract representation (e.g. a graph). (See MPEP 2106.03 defining a machine, a manufacture and a composition of matter as a being claimed “…in a physical or tangible form…”). The assertion that the recited and disclosed ‘data structure’ satisfies the “…test for a machine to be “integral”, as the recited machines are integrally involved…” and “…plays a significant part in improving the computer-related system…” which integrates “any abstract idea into a practical application” is misguided. Mere instructions to execute an abstract idea on a computer/generic computing element are not an improvement to computing technology; rather it is ‘apply it’ (See MPEP 2106.05 (f)). The recited data structure does not impart an improvement to computing technology. (See MPEP 2106.05 (a) discussing patent eligible concepts of Enfish, LLC v. Microsoft Corp., 822 F.3d 1327 vs. the examples that the courts have indicated may not be sufficient to show improvement in computer functionality including examples (iii) and (viii).) Also, Applicant’s own arguments discuss the storing/receiving and retrieving of data from the ‘data structure.’ (See MPEP 2106.05 (d) Storing data and "retrieving" stored data is considered a well-understood, routine and convention activity) .
Additionally, as previously stated, ‘updating’ data is considered "mere data gathering activity" (see MPEP 2106.05 (g) Insignificant Extra-Solution Activity) and "retrieving" stored data is considered a well-understood, routine and convention activity (see MPEP 2106.05 (d)) . Using a specific combination to address a business problem is at most an improvement to an abstract idea. As such Applicant’s arguments are not persuasive.
The Uniloc court found the patent eligible claims to be directed to “…a patent-eligible improvement to computer functionality … the reduction of latency experience by parked secondary stations in communication systems…” (pg. 7). This is distinguishable from the instant recited claims as noted above the problem being solved is not one of technology and in the instant recited claims, there is no improvement to computers recited. This is akin to MPEP 2106.05 (a) (the examples that the course have indicated may not be sufficient to show improvement in computer functionality including examples (iv) and MPEP 2106(d) II. i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink." (emphasis added)) As such, Applicant’s arguments are not persuasive.
Examiner withdrew the prior art rejections under 35 USC 102 and 35 USC 103 in the Office Action dated 12 February 2025.
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, 4-7, 10, 12, 15-18 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
When considering subject matter eligibility under 35 U.S.C. 101, (1) it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. If the claim does fall within one of the statutory categories, (2a) it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so (2b), it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself. Examples of abstract ideas include fundamental economic practices; certain methods of organizing human activities; an idea itself; and mathematical relationships/formulas. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. ____ (2014).
The claimed invention is directed to a judicial exception (i.e. an abstract idea) without significantly more. In the instant case, the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea.
(1) In the instant case, the claims are directed towards a method, non-transitory computer readable medium, and the system of linking latent related payment devices. In the instant case, Claims 1, 4-7 and 10 are directed to a process. Claims 12, 15-18 are directed to a system. Claim 20 is directed to a non-transitory computer readable medium.
(2a) Prong 1: Linking latent payment devices is categorized in/akin to the abstract idea subject matter grouping of: methods of organizing human activity [organizing human activity (commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations)]. As such, the claims include an abstract idea.
The specific limitations of the invention are (a) identified to encompass the abstract idea include:
Claim 1, 12 and 20
(Currently Amended) A … method comprising:
…, …, a linking request from a first user …of a first user, the linking request identifying a first payment device of the first user and at least one second payment device of at least one second user, wherein the first payment device and the at least one second payment device are not linked by an issuer …of the first payment device or the at least one second payment device;
in response to receiving the linking request, …, with the transaction …, contact data of at least one second user … of the at least one second user based on the at least one second payment device;
authorizing, with the transaction …, the linking request by:
…, using the retrieved contact data, a confirmation request to the at least one second user …; and
…, from the at least one second user …, a confirmation response comprising a data field containing an indicator based on approving the confirmation request;
in response to receiving the confirmation response containing the indicator, generating, with the transaction processing…, a linking identifier uniquely identifying an association between the first payment device and the at least one second payment device;
…, with the transaction processing…, a … comprising a first data field comprising a primary account number of the first payment device and a second data field comprising an issuer identifier of a first issuer system that issued the first payment device and at least one second segment storing data associated with the at least one second payment device comprising a first data field comprising a primary account number of the second payment device and a second data field comprising an issuer identifier of a second issuer … that issued the second payment device, the second issuer …different from the first issuer system, the updating comprising:
… the linking identifier in a data field of the first segment; and
… the linking identifier in a data field of the at least one second segment
… with the transaction processing … a plurality of transaction requests associated with a first plurality of payment transactions initiated with the first payment device and a second plurality of payment transactions initiated with the at least one second payment device;
in response to receiving each of the plurality of transaction requests, querying, with the transaction processing …, the …based on the payment device of the first payment device and the plurality of second payment devices initiating the transaction request of the plurality of transaction requests;
based on the querying, determining, with the transaction processing … and in real time relative to receiving each of the plurality of transaction requests, that each of the plurality of transaction requests is associated with the linking identifier based on the association of the linking identifier with the first payment device and/or the plurality of second payment devices in the …;
in response to determining that each transaction request of the plurality of transaction requests is associated with the linking identifier, automatically invoking, with the transaction processing …, a linking protocol by storing transaction data associated with processing each of the first plurality of payment transactions and the second plurality of payment transactions in data fields of the … in association with the linking identifier;
…, with the transaction processing…, a request associated with the linking identifier from the first user … and/or the at least one second user …;
in response to receiving the request, automatically generating a composite output derived from transaction data associated with the first paymentpayment
…, with the transaction processing … transaction data associated with the linking identifier from the …, the transaction data associated with the linking identifier comprising the transaction data associated with processing each of the first plurality of payment transactions and the second plurality of payment transactions;
inputting, with the transaction processing …, the transaction data associated with the linking identifier into a machine learning algorithm trained on historical transaction data;
for each of the first plurality of payment transactions and the second plurality of payment transactions, generating, with the …algorithm, a vector representing the payment transaction in multi-dimensional space; and
generating, with the …algorithm, a plurality of clusters in the multi-dimensional space, each cluster of the plurality of clusters comprising at least one vector representing at least one payment transaction from the first plurality of payment transactions and/or the second plurality of payment transactions;
…, with the transaction processing …, the composite output comprising the plurality of clusters;
for a first cluster of the plurality of clusters, determining, with the transaction processing …, a characteristic associated with the first cluster;
generating, with the transaction processing …, an offer associated with the first cluster characteristic associated with the first cluster; and
…, with the transaction processing … the offer to the first user …and/or the at least one second user ….
12. (Currently Amended) A … comprising at least one transaction processing… programmed or configured to:
…a linking request from a first user … of a first user, the linking request identifying a first payment device of the first user and at least one second payment device of at least one second user, wherein the first payment device and the at least one second payment device are not linked by an issuer … of the first payment device or the at least one second payment device;
in response to receiving the linking request, …contact data of at least one second user … of the at least one second user based on the at least one second payment device; authorize the linking request by:
…, using the retrieved contact data, a confirmation request to the at least one second user device; and
…, from the at least one second user …, a confirmation response comprising a data field containing an indicator based on approving the confirmation request;
in response to receiving the confirmation response containing the indicator, generate a linking identifier uniquely identifying an association between the first payment device and the at least one second payment device;
… a … comprising a first segment storing data associated with the first payment device comprising a first data field comprising a primary account number of the first payment device and a second data field comprising an issuer identifier of a first issuer … that issued the first payment device and at least one second segment storing data associated with the at least one second payment device comprising a first data field comprising a primary account number of the second payment device and a second data field comprising an issuer identifier of a second issuer … that issued the second payment device, the second issuer … different from the first issuer …, the updating comprising:
…the linking identifier in a data field of the first segment; and
…the linking identifier in a data field of the at least one second segment to link the first payment device and the at least one second payment device in the …;
… a plurality of transaction requests associated with a first plurality of payment transactions initiated with the first payment device and a second plurality of payment transactions initiated with the at least one second payment device;
in response to receiving each of the plurality of transaction requests, query the … based on the payment device of the first payment device and the) plurality of second payment devices initiating the transaction request of the plurality of transaction requests;
based on the querying, determine, in real time relative to receiving each of the plurality of transaction requests, that each of the plurality of transaction requests is associated with the linking identifier based on the association of the linking identifier with the first payment device and/or the plurality of second payment devices in the …;
in response to determining that each transaction request of the plurality of transaction requests is associated with the linking identifier, automatically invoke a linking protocol by storing transaction data associated with processing each of the first plurality of payment transactions and the second plurality of payment transactions in data fields of the… in association with the linking identifier;
… a request associated with the linking identifier from the first user device and/or the at least one second user device;
in response to receiving the request, automatically generate a composite output derived from transaction data associated with the first payment device and the at least one second payment device by:
… transaction data associated with the linking identifier from the…, the transaction data associated with the linking identifier comprising the transaction data associated with processing each of the first plurality of payment transactions and the second plurality of payment transactions;
inputting the transaction data associated with the linking identifier into a machine learning algorithm trained on historical transaction data;
for each of the first plurality of payment transactions and the second plurality of payment transactions, generating, with the …algorithm, a vector representing the payment transaction in multi-dimensional space; and
generating, with the …algorithm, a plurality of clusters in the multi-dimensional space, each cluster of the plurality of clusters comprising at least one vector representing at least one payment transaction from the first plurality of payment transactions and/or the second plurality of payment transactions; and
… the composite output comprising the plurality of clusters;
for a first cluster of the plurality of clusters, determine a characteristic associated with the first cluster;
generate, an offer associated with the first cluster based on the characteristic associated with the first cluster; and
… the offer to the first user … and/or the at least one second user ….
20. (Currently Amended) A …r to:
… a linking request from a first user … of a first user, the linking request identifying a first payment device of the first user and at least one second payment device of at least one second user, wherein the first payment device and the at least one second payment device are not linked by an issuer system of the first payment device or the at least one second payment device;
in response to receiving the linking request, … contact data of at least one second user …of the at least one second user based on the at least one second payment device;
authorize the linking request by:
…, using the retrieved contact data, a confirmation request to the at least one second user …; and
…, from the at least one second user …, a confirmation response comprising a data field containing an indicator based on approving the confirmation request;
in response to receiving the confirmation response containing the indicator, generate a linking identifier uniquely identifying an association between the first payment device and the at least one second payment device;
… a … comprising a first segment storing data associated with the first payment device comprising a first data field comprising a primary account number of the first payment device and a second data field comprising an issuer identifier of a first issuer … that issued the first payment device and at least one second segment storing data associated with the at least one second payment device comprising a first data field comprising a primary account number of the second payment device and a second data field comprising an issuer identifier of a second issuer … that issued the second payment device, the second issuer system different from the first issuer …, the updating comprising:
… the linking identifier in a data field of the first segment; and
… the linking identifier in a data field of the at least one second segment to link the first payment device and the at least one second payment device in the …;
…a plurality of transaction requests associated with a first plurality of payment transactions initiated with the first payment device and a second plurality of payment transactions initiated with the at least one second payment device;
in response to receiving each of the plurality of transaction requests, query the database based on the payment device of the first payment device and the plurality of second payment devices initiating the transaction request of the plurality of transaction requests;
based on the querying, determine, in real time relative to receiving each of the plurality of transaction requests, that each of the plurality of transaction requests is associated with the linking identifier based on the association of the linking identifier with the first payment device and/or the plurality of second payment devices in data fields of the …;
in response to determining that each transaction request of the plurality of transaction requests is associated with the linking identifier, automatically invoke a linking protocol by storing transaction data associated with processing each of the first plurality of payment transactions and the second plurality of payment transactions in the … in association with the linking identifier;
…a request associated with the linking identifier from the first user device and/or the at least one second user device;
in response to receiving the request, automatically generate a composite output derived from transaction data associated with the first payment device and the at least one second payment device by:
… transaction data associated with the linking identifier from the …, the transaction data associated with the linking identifier comprising the transaction data associated with processing each of the first plurality of payment transactions and the second plurality of payment transactions;
inputting the transaction data associated with the linking identifier into a machine learning algorithm trained on historical transaction data;
for each of the first plurality of payment transactions and the second plurality of payment transactions, generating, with the …algorithm, a vector representing the payment transaction in multi-dimensional space; and
generating, with the …algorithm, a plurality of clusters in the multi-dimensional space, each cluster of the plurality of clusters comprising at least one vector representing at least one payment transaction from the first plurality of payment transactions and/or the second plurality of payment transactions; and
…the composite output comprising the plurality of clusters;
for a first cluster of the plurality of clusters, determine a characteristic associated with the first cluster;
generate, an offer associated with the first cluster based on the characteristic associated with the first cluster; and
… the offer to the first user …and/or the at least one second user ….
As stated above, this abstract idea falls into the (b) subject matter grouping of: methods of organizing human activity .
Prong 2: When considered individually and in combination, the instant claims are do not integrate the exception into a practical application because the steps of authorizing…generating…querying…. determining… invoking… generating inputting… generating..…generating…determining....generating…do not apply, rely on, or use the judicial exception in a manner that that imposes a meaningful limitation on the judicial exception (i.e. the abstract idea).
The instant recited claims including additional elements (i.e. receiving… retrieving… transmitting… receiving…updating…storing… storing… receiving…receiving…retrieving… transmitting…) do not improve the functioning of the computer or improve another technology or technical field nor do they recite meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. The limitations merely recite: merely recite: “apply it” (or an equivalent) or merely include instructions to implement an abstract idea on a computer or merely uses a computer a as tool to perform an abstract idea or merely add insignificant extra-solution activity to the judicial exception or generally link the use of the judicial exception to a particular technological environment or field of use (See MPEP 2106.05 (f) and (g))
(2b) In the instant case, Claims 1, 4-7 and 10 are directed to a process. Claims 12, 15-18 are directed to a system. Claim 20 is directed to a non-transitory computer readable medium.
Additionally, the claims (independent and dependent) do not include additional elements that individually or in combination are sufficient to amount to significantly more than the judicial exception of abstract idea (i.e. provide an inventive concept). As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of: (device, system, processing server…non-transitory computer readable medium… program instructions…database…) merely uses a computer a as tool to perform an abstract idea or merely add insignificant extra-solution activity to the judicial exception or merely uses generic computing elements to perform well known, routine, and conventional functions. (MPEP 2106.05 (d), (f) and (g)) (Specification,[83] data structures (e.g. one or more databases….); [158-162] computer program product/ processor… device…bus.. processor, memory… storage component.. input component.. output component…processor..CPU..GPU.... APU computer readable medium. Software instructions.. ..)
The dependent claims have also been examined and do not correct the deficiencies of the independent claims.
It is noted that claim (4-7, 10, 13-18) introduces the additional elements of wherein clauses further defining claim elements (Claims 5, 7) further defining a ‘clustering algorithm’ with generating…, generating… (Claims 10, 16, 18) and retrieving…, generating… transmitting… (Claims 4 and 15); …generating… (Claims 6 and 17). This element is not a practical application of the judicial exception because the limitations merely recite: “apply it” (or an equivalent) or merely include instructions to implement an abstract idea on a computer or merely uses a computer a as tool to perform an abstract idea or merely add insignificant extra-solution activity to the judicial exception or merely uses generic computing elements to perform well known, routine, and conventional functions or generally link the use of the judicial exception to a particular technological environment or field of use ( See MPEP 2106.05 (d), (f) and (g)) Further these limitations taken alone or in combination with the abstract do not amount to significantly more than the abstract idea alone because the elements amount to mere use of a computer a as tool to perform an abstract idea or merely add insignificant extra-solution activity to the judicial exception or merely uses generic computing elements to perform well known, routine, and conventional functions. (MPEP 2106.05 (d), (f) and (g)) (Specification, [158-162] computer program product/ processor… device…bus.. processor, memory… storage component.. input component.. output component…processor…CPU..GPU.... APU computer readable medium. Software instructions.. ..)
Therefore, Claims 1, 4-7, 10, 12, 15-18 and 20 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Conclusion
THIS ACTION IS MADE FINAL. 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 ASHA PUTTAIA H whose telephone number is (571)270-1352. The examiner can normally be reached M-F 9 am to 5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abhishek Vyas can be reached at 571-270-1836. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ASHA PUTTAIA H/Primary Examiner, Art Unit 3691