DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
This action is in reply to the Applicant Response filed on 11/20/2025.
Claims 8, 9, and 14 have been amended and are hereby entered.
Claims 1-7 were previously canceled.
Claims 8-14 are currently pending and have been examined.
This action is made FINAL.
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 8 -14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (abstract idea) without significantly more.
Under the broadest reasonable interpretation, the following claim terms are presumed to have their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art. MPEP § 2111.
Step 1: Does the Claim Fall within a Statutory Category? (see MPEP 2106.03)
Claim 8 and 14 recite a system, which is a statutory category of invention (Step 1: YES).
Step 2A, Prong One: Is a Judicial Exception Recited? (see MPEP 2106.04(a)). Yes.
The claims are analyzed to determine whether it is directed to a judicial exception. The following claims identify the limitations that recite additional elements in bold and the abstract idea without bold. Underlined claim limitations denote newly added claim limitations:
The claims are analyzed to determine whether it is directed to a judicial exception. Claim 8 recites a system for automated securities trading, said system including: a trade follower contact database including a plurality of data structures each having a lead trader identification data electronically associated with data representing a plurality of trade follower identities; a trade follower account database including at least one data structure electronically associated with a trade follower identity and including trade follower account data, trade follower account setting data, and trade follower electronic contact information associated with said trade follower identity; an automated computerized trade determination system, wherein said automated computerized trade determination system is configured to receive an electronic trade initiation command from a lead trader, said electronic trade initiation command including data representing a lead trader desired trade including lead trader identification data, a lead trader share identification data, a lead trader share number data, and a share price data; wherein, in response to the receipt of said electronic trade initiation command, said automated computerized trade determination system is configured to automatically use said lead trader identification data to retrieve from said trade follower contact database said data representing said plurality of electronic trade follower identities previously associated with said lead trader identification data, wherein for each of said plurality of trade follower identities, said automated computerized trade determination system is configured to automatically retrieve, from said trade follower account database, the trade follower account data, trade follower account setting data, and trade follower electronic contact information associated with said trade follower identity, wherein said trade follower account data includes data representing a cash available for trading securities available to said trade follower, wherein said automated computerized trade determination system is configured to automatically determine, for each of said plurality of trade follower identities associated with said lead trader identification data, a proposed follower trade data, wherein said proposed follower trade data is based on said lead trader share number, said share price, said trade follower account data, and said trade follower account setting data of said trade follower, wherein each of said proposed follower trade data includes a trade follower share number and a trade follower stop price determined based on said share price and said follower account data of said trade follower, wherein said automated computerized trade determination system is configured to, for each of said plurality of trade follower identities associated with said lead trader, automatically electronically assemble data representing an electronic trade follower user interface for transmission to a remote trade follower electronic device, wherein said electronic trade follower user interface includes and is configured to display said proposed follower trade data, wherein said electronic trade follower user interface is automatically transmitted to each of said plurality of trade follower identities associated with said lead trader using said trade follower electronic contact information associated with said trade follower, wherein said electronic trade follower user interface includes an input for electronically initiating said proposed follower trade data and an input for modifying said proposed follower trade data, wherein said automated computerized trade determination system is configured to receive, from a plurality of trade follower user interfaces transmitted to a plurality of remote trade follower electronic devices, data indicating that said input for electronically initiating said proposed follower trade data has been activated, and wherein said automated computerized trade determination system is configured to automatically retrieve said trade follower share numbers associated with the proposed follower trades for which said input has been received, combine the number of share represented by said plurality of trade follower share numbers with said lead trader share number into a combined trade share number, and initiate execution of a trade of said combined trade share number of shares, wherein said trade follower contact database additionally includes a data structure having said lead trader identification electronically associated with data representing a mobile non-follower identity, wherein said trade follower account database includes at least one mobile non- follower data structure electronically associated with a mobile non- follower identity and including mobile non-follower account data, mobile non- follower account setting data, and mobile non-follower electronic contact information associated with said mobile non- follower identity, wherein, in response to the receipt of said electronic trade initiation, said automated computerized trade determination system is configured to automatically use said lead trader identification to retrieve from said trade follower contact database said data representing said mobile non-follower identity associated with said lead trader, wherein said automated computerized trade determination system is configured to automatically determine, for said mobile non-follower identity associated with said lead trader, a proposed mobile non-follower trade data, wherein said proposed mobile non- follower trade data is based on said lead trader share number, said share price, said mobile non-follower account data, and said mobile non-follower account setting data of said mobile non-follower and includes a mobile non-follower share number; and a mobile trade determination system configured to receive said proposed mobile non-follower trade data and automatically electronically assemble data representing a mobile user interface for transmission to a remote mobile electronic device, wherein said mobile user interface includes and is configured to display said proposed mobile non-follower trade data, wherein said mobile user interface includes an input for electronically initiating a trade according to said proposed mobile non-follower trade data and an input for modifying said proposed mobile non-follower trade data, wherein said computerized trade determination system is configured to receive, from said mobile user interface, data indicating that said input for electronically initiating a trade according to said proposed mobile non-follower trade data has been activated, and wherein said computerized trade determination system is configured to retrieve said mobile non-follower share number associated with said proposed mobile non-follower trade data for which said input has been received and initiate execution of a trade of said mobile non-follower share number of shares. These limitations, as drafted, under its broadest reasonable interpretation, covers performance via certain methods of organizing human activity, but for the recitation of generic computer components. Under human activity, the limitations are commercial interactions, specifically sales activities and business relations. Also, the claims limitations are managing personal interactions between people, specifically, following instructions. The claims are also a fundamental economic activity, such as trading. Accordingly, the claim recites an abstract idea. The mere recitation of generic computer components in the claims do not necessarily preclude that claim from reciting an abstract idea. (Step 2A-Prong 1: Yes. The claims recite an abstract idea).
Step 2A, Prong Two: Is the Abstract Idea Integrated into a Practical Application? (see MPEP 2106.04(d)). No.
The above judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a system for automated securities trading, a trade follower contact database, an automated computerized trade determination system, a follower contact database, an electronic trade follower user interface, a plurality of trade follower user interfaces, plurality of remote trade follower electronic devices, a mobile trade determination system, a mobile user interface, and a remote mobile electronic device. The additional elements of a system for automated securities trading, a trade follower contact database, an automated computerized trade determination system, a follower contact database, an electronic trade follower user interface, a plurality of trade follower user interfaces, plurality of remote trade follower electronic devices, a mobile trade determination system, a mobile user interface, and a remote mobile electronic device, are just applying generic computer components to the recited abstract limitations (MPEP 2106.05(f)). The computer components are recited at such a high-level of generality (i.e. as a generic computer components) such that it amounts to no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality. (Step 2A-Prong 2: NO. The judicial exception is not integrated into a practical application).
Step 2B: Does the Claim Provide an Inventive Concept? (see MPEP 2106.05). No.
The claims are next analyzed to determine if there are additional claim limitations that individually, or as an ordered combination, ensure that the claim amounts to significantly more than the abstract ideas (whether claim provides inventive concept). As discussed with respect to Step 2A2 above, the additional elements of (a system for automated securities trading, a trade follower contact database, an automated computerized trade determination system, a follower contact database, an electronic trade follower user interface, a plurality of trade follower user interfaces, plurality of remote trade follower electronic devices, a mobile trade determination system, a mobile user interface, and a remote mobile electronic device) in the claims amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. Viewing the limitations as an ordered combination does not add anything further than looking at the limitations individually. When viewed either individually, or as an ordered combination, the additional limitations do not amount to a claim as a whole that is significantly more than the abstract idea itself. Therefore, the claims do not amount to significantly more than the recited abstract idea (Step 2B: NO; The claims do not provide significantly more, and are not patent eligible).
Claim 9 recites wherein said mobile user interface also includes an input to allow modification of said proposed mobile non-follower trade data and said computerized trade determination system is configured to initiate execution of a trade based on said modification. These limitations are also part of the abstract idea identified in claim 8, and the additional elements of the computerized trade determination system and mobile user interface are addressed in the Steps 2A2 and B as just applying generic computer components to the recited abstract limitations (MPEP 2106.05(f)) as in the claim 8 analysis above. Therefore, this claim is similarly rejected under the same rationale as claim 8, supra.
Claim 10 recites wherein said mobile user interface also includes an input to decline to initiate said trade. These limitations are also part of the abstract idea identified in claim 8, and the additional elements of the mobile user interface are addressed in the Steps 2A2 and B as just applying generic computer components to the recited abstract limitations (MPEP 2106.05(f)) as in the claim 8 analysis above. Therefore, this claim is similarly rejected under the same rationale as claim 8, supra.
Claim 11 recites wherein said modification includes modifying said mobile non-follower share number. These limitations are also part of the abstract idea identified in claim 8, and are similarly rejected under the same rationale as claim 8, supra.
Claim 12 recites wherein said modification includes modifying a share price associated with said proposed mobile non-follower trade data. These limitations are also part of the abstract idea identified in claim 8, and are similarly rejected under the same rationale as claim 8, supra.
Claim 13 recites wherein said modification includes modifying an order type associated with said proposed mobile non-follower trade data. These limitations are also part of the abstract idea identified in claim 8, and are similarly rejected under the same rationale as claim 8, supra.
Step 1: Does the Claim Fall within a Statutory Category? (see MPEP 2106.03)
Claim 14 recites a system, which is a statutory category of invention (Step 1: YES).
Step 2A, Prong One: Is a Judicial Exception Recited? (see MPEP 2106.04(a)). Yes.
Claim 14 recites a system for automated securities trading, said system including: a lead trader account database including a plurality of data structures each having a lead trader identification data electronically associated with data representing a plurality of trade follower identities; a follower account database including at least one data structure electronically associated with a trade follower identity and including trade follower account data associated with said trade follower identity; an automated computerized trade determination system, wherein said automated computerized trade determination system is configured to electronically receive an electronic trade initiation command including data representing a lead trader desired trade including lead trader identification data, a lead trader share identification data, a lead trader share number data, and a share price data, wherein, in response to the receipt of said electronic trade initiation command, said automated computerized trade determination system is configured to automatically use said lead trader identification data to retrieve, from said lead trader account database, a plurality of electronic trade follower identities previously associated with said lead trader identification data, wherein said automated computerized trade determination system is configured to use said plurality of electronic follower identities to retrieve, from said follower account database, trade follower account data including an available follower account balance associated with each of said plurality of electronic follower identities, wherein said automated computerized trade determination system is configured to set a follower share number data equal to said lead trader share number data and multiplies said follower share number data with said share price data to determine a follower trade total price, wherein said automated computerized trade determination system is configured to set an initial total trade share number equal to said lead trader share number data, wherein, for each of said plurality of electronic follower identities, when said available follower account balance is electronically determined to be at least equal to said follower trade total price, said automated computerized trade determination system is configured to increment said initial total trade share number by said follower share number, and wherein, for each of said plurality of electronic follower identities, when said available follower account balance is electronically determined to be less than said follower trade total price said automated computerized trade determination system is configured to divide said available follower account balance by said share price data to determine a reduced follower share number data for said follower identity and then increment said initial total trade share number by said reduced follower share number data, wherein after said automated computerized trade determination system processes each of said plurality of electronic follower identities, the final incremented value of said initial total trade share number is set as a total trade share number in real time, wherein said automated computerized trade determination system is configured to automatically electronically submit said lead trader share identification data and said total trade share number to an exchange for execution as a single trade in real time, and wherein the shares obtained though said single trade are automatically electronically allocated to both a lead trader account in said lead trader account database according to said lead trader share number and into a follower account in said follower account database associated with each of said plurality of electronic follower identities according to said follower share number; a trade follower contact database including a plurality of data structures each having a lead trader identification data electronically associated with data representing a plurality of trade follower identities; wherein said trade follower contact database additionally includes a data structure having said lead trader identification electronically associated with data representing a mobile non-follower identity, wherein said follower account database includes at least one mobile non- follower data structure electronically associated with a mobile non-follower identity and including mobile non-follower account data, mobile non-follower account setting data, and mobile non-follower electronic contact information associated with said mobile non-follower identity, wherein said automated computerized trade determination system is configured to automatically use said lead trader identification data to retrieve from said trade follower contact database said data representing said mobile non-follower identity associated with said lead trader identification data, wherein said automated computerized trade determination system is configured to automatically determine, for said mobile non-follower identity associated with said lead trader, a proposed mobile non-follower trade data, wherein said proposed mobile non-follower trade data is based on said lead trader share number data, said share price data, said mobile non-follower account data, and said mobile non-follower account setting data of said mobile non-follower and includes a mobile non-follower share number; and a mobile trade determination system is configured to receive said proposed mobile non-follower trade data and electronically assemble data representing a mobile user interface for transmission to a remote mobile electronic device, wherein said mobile user interface includes and is configured to display said proposed mobile non-follower trade data, wherein said mobile user interface includes an input for electronically initiating a trade according to said proposed mobile non-follower trade data and an input for modifying said proposed mobile non-follower trade data, wherein said automated computerized trade determination system is configured to receive, from said mobile user interface, data indicating that said input for electronically initiating a trade according to said proposed mobile non- follower trade data has been activated, and wherein said automated computerized trade determination system is configured to retrieve said mobile non-follower share number associated with said proposed mobile non-follower trade data for which said input has been received and initiate execution of a trade of said mobile non-follower share number of shares. These limitations, as drafted, under its broadest reasonable interpretation, covers performance via certain methods of organizing human activity, but for the recitation of generic computer components. Under human activity, the limitations are commercial interactions, specifically sales activities and business relations. Also, the claims limitations are managing personal interactions between people, specifically, following instructions. The claims are also a fundamental economic activity, such as trading. Accordingly, the claim recites an abstract idea. The mere recitation of generic computer components in the claims do not necessarily preclude that claim from reciting an abstract idea. (Step 2A-Prong 1: Yes. The claims recite an abstract idea).
Step 2A, Prong Two: Is the Abstract Idea Integrated into a Practical Application? (see MPEP 2106.04(d)). No.
The above judicial exception is not integrated into a practical application. particular, the claim recites the additional elements of a system for automated securities trading, a lead trader account database, a follower account database, an automated computerized trade determination system, a trade follower contact database, a mobile user interface, and a remote mobile electronic device. The additional elements of a system for automated securities trading, a lead trader account database, a follower account database, an automated computerized trade determination system, a trade follower contact database, a mobile user interface, and a remote mobile electronic device, are just applying generic computer components to the recited abstract limitations (MPEP 2106.05(f)). The computer components are recited at such a high-level of generality (i.e. as a generic computer components) such that it amounts to no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality. (Step 2A-Prong 2: NO. The judicial exception is not integrated into a practical application).
Step 2B: Does the Claim Provide an Inventive Concept? (see MPEP 2106.05). No.
The claims are next analyzed to determine if there are additional claim limitations that individually, or as an ordered combination, ensure that the claim amounts to significantly more than the abstract ideas (whether claim provides inventive concept). As discussed with respect to Step 2A2 above, the additional elements of (a system for automated securities trading, a lead trader account database, a follower account database, an automated computerized trade determination system, a trade follower contact database, a mobile user interface, and a remote mobile electronic device) in the claims amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. Viewing the limitations as an ordered combination does not add anything further than looking at the limitations individually. When viewed either individually, or as an ordered combination, the additional limitations do not amount to a claim as a whole that is significantly more than the abstract idea itself. Therefore, the claims do not amount to significantly more than the recited abstract idea (Step 2B: NO; The claims do not provide significantly more, and are not patent eligible).
Response to Arguments
Applicant's arguments filed 11/20/2025 have been fully considered but they are not persuasive.
Applicant argues that the currently recited claims are not abstract. Examiner disagrees. The very title of the application is “system and Methods for Automated Mobile-Alert Trading.” The claim limitations focus on “trading,” which is a fundamental economic activity. Under human activity, the limitations are commercial interactions, specifically sales activities and business relations. Also, the claims limitations are managing personal interactions between people, specifically, following instructions.
Applicant also argues that the claims should be examined in a “vacuum,” and that there is a practical application, with the “interaction between the databases.” Examiner disagrees. There is no technical solution between the interaction of the databases: multiple databases interacting with no additional technical details amounts to generic computer implementation.
Applicant argues the Charles Kim memorandum, for USPTO examiners to examine claims as a “whole.” Examiner notes, that the memo did not change USPTO Examiner guidance regarding patent eligibility, and did not say that all patent applications are eligible. “[A] claimed invention’s use of the ineligible concept to which it is directed cannot supply the inventive concept.” BSG, Tech LLC v. BuySeasons, Inc., 899 F.3d 1281, 1290 (Fed. Cir. 2018). The “relevant inquiry is not whether the claimed invention as a whole is unconventional or non-routine.” Id (emphasis added). Rather, to properly evaluate the claims under Step Two of the Alice-Mayo standard, the abstract idea must be identified, set aside, and then “we ask . . . what else is there in the claims before us?” Id. (quoting Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 78 (2012)) (cleaned up) (emphasis added). If that “what else” is the “application of an abstract idea using conventional and well-understood techniques [i.e., generic computer equipment], the claim has not been transformed into a patent-eligible application of an abstract idea.” Id. at 1290–91 (emphasis added).
Lastly, the claims do not provide an inventive concept. As discussed above, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer. Even when viewed as whole, nothing in the claim adds significantly more (i.e. inventive concept) to the abstract idea. The currently recited claims solve automated trading with a mobile devide, which is not a significant improvement to the functioning of a computer or to any other technology or technical field (MPEP 2106.05(a))
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 BRANDON M DUCK whose telephone number is (469)295-9049. The examiner can normally be reached 8am - 5pm.
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/BRANDON M DUCK/Examiner, Art Unit 3693 /BRUCE I EBERSMAN/Primary Examiner, Art Unit 3693