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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/26/2026 has been entered.
Status of Claims
Claims 1-20 are pending in the application.
Response to Arguments
In regards to Applicant’s assertion that Sarin fails to disclose “an artificial intelligence module of the server platform generating historical score…”. The Examiner disagrees. Sarin discloses historical baseline data provided to the scoring model in various embodiments which is normalized over various time periods for feeding data into the scoring model, wherein the broadest reasonable interpretation of the artificial intelligence module is interpreted as equivalent to the risk analysis module (Fig. 6)(item# 604c)[0061] that is configured to provide risk analysis for a payment transaction (i.e., token exchange) and providing a risk score [see Sarin 0073-0075]
It should be noted that references, in determining obviousness are not read in isolation but for what they fairly teach in combination with the prior art as a whole. It is also the case that references are evaluated by what they suggest on one versed in the art than their specific disclosure
The Applicant puts forth that the office action does not rebut the previous argument that Sarin fails to disclose “an artificial intelligence module of the server platform generating the historical score based off a number of tokens previously transferred by the first user device, a number of tokens previously received by the first user device, historical scores of recipients of the tokens previously transferred by the first user device, and historical scores of senders of the tokens previously received by the first user device” it was asserted that Sarin discloses that historical baseline data is provided to the scoring model in various embodiments. The data may be based upon prior observations for the user, similar users and other prior historical data that would be apparent to one of ordinary skill in the art. [see Sarin ¶0074]. It should be noted that based upon the management of tokens suggested in Sarin as well as transactions being based on the movement and transfer of tokens, one of ordinary skill in the art at the time of Sarin would have contemplated various transactions, for example prior transactions, as being within the consideration and the ability of one of ordinary skill in the art at the time of Sarin.
Thus, Sarin discloses that the scoring model in various embodiments is normalized over various time periods for feeding data into the scoring model, wherein the broadest reasonable interpretation of the artificial intelligence module is interpreted as equivalent to the risk analysis module (Fig. 6)(item# 604c)[0061] that is configured to provide risk analysis for a payment transaction (i.e., token exchange) and providing a risk score [see Sarin 0073-0075]
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.
8. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
9. In the instant case, claims 1 and 9 are directed to a system and claim 16 is directed to a method for use by a system of acquiring and using credit
10. Claim 1 is directed to the abstract idea of “managing compensation for behaviors” which is grouped under certain methods of organizing human activity, describing concepts related to human behavior, e.g., managing relationships or transactions that involve creating a contractual relationship in prong one of step 2A (See 2019 Revised Patent Subject Matter Eligibility Guidance). Claim 1 recites, “managing compensation for behaviors…
…granting additional tokens after a predetermined amount of time has lapsed;
… receiving a token transfer request …, …;
… generating and transmitting a recommended compensation amount …, wherein the recommended compensation amount is based on rules … based on a historical score …;
… generating the historical score based off a number of tokens previously transferred…, a number of tokens previously received …, historical scores of recipients of the tokens previously transferred …, and historical scores of senders of the tokens previously received …;
… requiring a minimum historical score in order to transact with the at least one other user device; and
… transferring at least one token from the first user device to the at least one other user device in response to the token transfer request.”
Accordingly, the claim recites an abstract idea (See 2019 Revised Patent Subject Matter Eligibility Guidance).
11. This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A (See 2019 Revised Patent Subject Matter Eligibility Guidance), the additional elements of the claim such as “server platform”, “processor”, “memory”, and “user devices” represent the use of a computer as a tool to perform an abstract idea and/or does no more than generally link the abstract idea to a particular field of use. Therefore, the additional elements do not integrate the abstract idea into a practical application as they do no more than represent a computer performing functions that correspond to (i.e. automate) [automate or implement] the acts of managing compensation for behaviors.
When analyzed under step 2B (See 2019 Revised Patent Subject Matter Eligibility Guidance), the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception itself. Viewed as a whole, the combination of elements recited in the claims merely describe the concept of managing compensation for using computer technology (e.g. the server platform). Therefore, the use of these additional elements does no more than employ a computer as a tool to automate and/or implement the abstract idea, which cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)).
12. Hence, claim 1 is not patent eligible.
13. Claims 2-8, 10-15 and 17-20 do not provide significantly more than the judicial exception.
14. Independent Claims 9 16 is similarly rejected as being within the same scope as claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sarin(US 2022/0374903) in view of Tibbitts et al (US 2014/0113619).
Regarding Claim 1, Sarin discloses a system for managing compensation for behaviors (FIG. 1)(item# 100)[0005],[0019], comprising:
a server platform (FIG. 1)(FIG. 6),(item# 110) and (FIG. 5)(item# 111a,b), including a processor and a memory, in communication with at least one service point and a plurality of user devices;[0019], [0025-0026]
each of the at least one service point being associated with a geofence;[0016], [0019]
each of the plurality of user devices being associated with one of a plurality of user profiles,
including a quantity of tokens;[0029]
the server platform receiving a token transfer request from a first user device within the geofence, wherein the token transfer request includes a designation of at least one other user device within the geofence;[0016], [0019]
the server platform generating and transmitting a recommended compensation amount to the first user device, wherein the recommended compensation amount is based on rules associated with the geofence and based on a historical score associated with the first user device; [abstract]; [ 0017-default token amount]; [0022]; (FIG. 6)(item# 604),[0061], [0067-0068], [0075]
an artificial intelligence module(FIG. 6)(item# 604c) of the server platform generating the historical score based off a number of tokens previously transferred by the first user device, a number of tokens previously received by the first user device, historical scores of recipients of the tokens previously transferred by the first user device, and/or historical scores of senders of the tokens previously received by the first user device; (FIG. 6)(item# 604),[0061], [0067-0068], esp. [0075][ upon the management of tokens suggested in Sarin as well as transactions being based on the movement and transfer of tokens, one of ordinary skill in the art at the time of Sarin would have contemplated various transactions, for example prior transactions, as being within the consideration and the ability of one of ordinary skill in the art at the time of Sarin.]
the first user device requiring a minimum historical score in order to transact with the at least one other user device; and the server platform transferring at least one token from the first user device to the at least one other user device in response to the token transfer request.[0067], [0075]
Sarin fails to disclose the server platform automatically granting additional tokens after a predetermined amount of time has lapse. This is disclosed by Tibbitts (Fig. 1) [0305- the Service Decision System 125 (and optionally Safe Driving Registration System 105) receives vehicle plus mobile detected information. This vehicle plus mobile detected information is used to calculate a score based (1605) received from the Safe Driving Registration System 105. In one embodiment, the score is configured to promote safe driving behavior. The score includes one or more scores and can also be associated with awards, tokens (e.g., graphical pins and badges), and discounts (e.g., insurance discounts, e-commerce discounts, store discounts within a predetermined geographical distance, e.g., 5 miles or less based on CMD location, or VDS location, and monetary rewards). Various program logic can be used to calculate one or more scores, or generate one or more awards, or generate one or more discounts, and combinations of the same based on the one or more scores with the vehicle plus mobile detected information. The program logic is predetermined or provided real time via the system 10 (e.g., user interfaces 115). In one embodiment, the program logic is configured to determine the number of segments for the trip (e.g., calculated by equation: (minutes driven/predetermined segment minutes), the predetermined segment minutes may be any number greater than 1, e.g., 10 minutes, number of perfect segments (e.g., perfect driving streak calculated) and/or other desired scores configured to modify or motivate driving behavior (e.g., tokens, badges awarded on good driving, fuel efficient driving, etc.). Alternatively, the segments may be measured in distance driven rather than time driven, or a combination of time and distance to compensate for long trips at a slow speed, or short trips at high speed.]
Because Sarin discloses various conditions for which tokens may be used for transactions (e.g., proximity conditions), it would have been obvious before the effective filing date to have integrated the teachings of Tibbitts into Sarin providing alternative conditions for which to incentive token payment transactions based upon scoring/rating/rewarding certain driving behaviors and discourage others.[see Tibbitts 0015]
Regarding claim 2, Sarin discloses wherein the server platform receives a compensation request from a user device, and wherein the server platform automatically transfers an amount of fiat currency to a financial account associated with the user device in exchange for one or more tokens in response to the compensation request.[0083](e.g., a user’s bank account may be charged)
Regarding claim 3, Sarin discloses wherein each of the plurality of user devices is associated with at least one vehicle and wherein a position of the at least one vehicle on a road is dependent on the quantity of tokens in the one of the plurality of user profiles associated with each of the plurality of user devices. (FIG. 2)[0019-0023], [0027], [0029]
Regarding claim 4, Sarin discloses wherein the recommended compensation amount is further based off a compensation balance, an affiliation, a class, previous activities, and/or a geographic location associated with the first user device.[0017]
Regarding claim 5, Sarin discloses wherein the quantity of tokens in each user profile includes a first set of tokens and a second set of tokens, and wherein the first set of tokens is only transferred from user profiles and the second set of tokens is only received by user profiles. [0001], [0016], [0025],[0061-0062]
Regarding claim 6, Sarin discloses wherein the server platform is further in communication with at least one restricted location, wherein the at least one restricted location is associated with a minimum token requirement, and wherein the server platform restricts access and/or use of the at least one restricted location by user profiles having a quantity of tokens less than the minimum token requirement.[0017](default token issuance distance=minimum token requirement); [0066]
Regarding claim 7, Sarin discloses wherein the server platform records a number of tokens transferred and/or a number of token transfer requests made inside the geofence of each of the at least one service point. (item# 118) [0025]
Regarding claim 8, Sarin discloses, wherein the server platform is further in communication with at least one rules manager, wherein the at least one rules manager determines rules and conditions for generating a token transfer request by any user device proximate to one or more of the at least one service point using environmental conditions and/or governing entities. [0030], [0042], [0052]
Regarding claim 9, Sarin discloses a system for managing compensation for behaviors, comprising:
a server platform, including a processor and a memory, in communication with at least one service point and a plurality of user devices; (FIG. 1)(FIG. 6),(item# 110) and (FIG. 5)(item# 111a,b) ;[0019], [0025-0026]
each of the plurality of user devices being associated with one of a plurality of user profiles, including a quantity of tokens; [0029]
each of the at least one service point being associated with a geofence; [0016], [0019]
the server platform receiving a token transfer request from a first user device within the geofence, wherein the token transfer request includes a designation of at least one other user device within the geofence; [0016], [0019]
the server platform generating and transmitting a recommended compensation amount to the first user device, wherein the recommended compensation amount is based on rules associated with the geofence and based on a historical score associated with the first user device; [abstract]; [ 0017-default token amount]; [0022]; (FIG. 6)(item# 604),[0061], [0067-0068], [0075]
an artificial intelligence module of the server platform generating the historical score based off a number of tokens previously transferred by the first user device, a number of tokens previously received by the first user device, historical scores of recipients of the tokens previously transferred by the first user device, and historical scores of senders of the tokens previously received by the first user device; (FIG. 6)(item# 604),[0061], [0067-0068], esp. [0075]and
the server platform transferring at least one token from the first user device to the at least one other user device in response to the token transfer request. [0067], [0075]
Sarin fails to disclose the server platform granting additional tokens for the user device based on the number of tokens previously received by the first user device. This is disclosed by Tibbitts (Fig. 1) [see 0305- the Service Decision System 125 (and optionally Safe Driving Registration System 105) receives vehicle plus mobile detected information. This vehicle plus mobile detected information is used to calculate a score based (1605) received from the Safe Driving Registration System 105. In one embodiment, the score is configured to promote safe driving behavior. The score includes one or more scores and can also be associated with awards, tokens (e.g., graphical pins and badges), and discounts (e.g., insurance discounts, e-commerce discounts, store discounts within a predetermined geographical distance, e.g., 5 miles or less based on CMD location, or VDS location, and monetary rewards). Various program logic can be used to calculate one or more scores, or generate one or more awards, or generate one or more discounts, and combinations of the same based on the one or more scores with the vehicle plus mobile detected information. The program logic is predetermined or provided real time via the system 10 (e.g., user interfaces 115). In one embodiment, the program logic is configured to determine the number of segments for the trip (e.g., calculated by equation: (minutes driven/predetermined segment minutes), the predetermined segment minutes may be any number greater than 1, e.g., 10 minutes, number of perfect segments (e.g., perfect driving streak calculated) and/or other desired scores configured to modify or motivate driving behavior (e.g., tokens, badges awarded on good driving, fuel efficient driving, etc.). Alternatively, the segments may be measured in distance driven rather than time driven, or a combination of time and distance to compensate for long trips at a slow speed, or short trips at high speed.]
Because Sarin discloses various conditions for which tokens may be used for transactions (e.g., proximity conditions), it would have been obvious before the effective filing date to have integrated the teachings of Tibbitts into Sarin providing alternative conditions for which to incentive token payment transactions based upon scoring/rating/rewarding certain driving behaviors and discourage others.[see Tibbitts 0015]
Regarding claim 10, Sarin discloses, wherein the server platform receives a compensation request from a user device, and wherein the server platform automatically transfers an amount of fiat currency to a financial account associated with the user device in exchange for one or more tokens in response to the compensation request. [0083](e.g., a user’s bank account may be charged)
Regarding claim 11, Sarin discloses, wherein the server platform is further in communication with at least one rules manager, wherein the at least one rules manager determines rules and conditions for generating a token transfer request by any user device proximate to one or more of the at least one service point using environmental conditions and/or governing entities. [0030], [0042], [0052]
Regarding claim 12, Sarin discloses, wherein the quantity of tokens in each user profile includes a first set of tokens and a second set of tokens, and wherein the first set of tokens is only transferred from user profiles and the second set of tokens is only received by user profiles. [0001], [0016], [0025],[0061-0062]
Regarding claim 13, Sarin discloses, wherein the server platform is further in communication with at least one restricted location, wherein the at least one restricted location is associated with a minimum token requirement, and wherein the server platform restricts access and/or use of the at least one restricted location by user profiles having a quantity of tokens less than the minimum token requirement. [0017](default token issuance distance=minimum token requirement); [0066]
Regarding claim 14, Sarin discloses, each of the plurality of user devices being associated with at least one vehicle and wherein a position of the at least one vehicle on a road is dependent on the quantity of tokens in the one of the plurality of user profiles associated with each of the plurality of user devices.
Regarding claim 15, Sarin discloses, wherein the server platform records a number of tokens transferred and/or a number of token transfer requests made inside the geofence.[0016], [0019]
Regarding claim 16, Sarin discloses a method for managing compensation for behaviors, comprising:
providing a server platform, including a processor and a memory, in communication with at least one service point and a plurality of user devices; [0019], [0025-0026]
each of the at least one service point including a geofence;[0016], [0019]
each of the plurality of user devices being associated with one of a plurality of user profiles, including a quantity of tokens; [0029]
the server platform receiving a token transfer request from a first user device within the geofence, wherein the token transfer request includes a designation of at least one other user device within the geofence; [0016], [0019]
the server platform generating and transmitting a recommended compensation amount to the first user device, wherein the recommended compensation amount is based on rules associated with the geofence and based on a historical score associated with the first user device; [abstract]; [ 0017-default token amount]; [0022]; (FIG. 6)(item# 604),[0061], [0067-0068], [0075]
the server platform transferring at least one token from the first user device to the at least one other user device in response to the token transfer request; [0067], [0075]and
an artificial intelligence module of the server platform generating the historical score based off a number of tokens previously transferred by the first user device, a number of tokens previously received by the first user device, historical scores of recipients of the tokens previously transferred by the first user device, and historical scores of senders of the tokens previously received by the first user device. (FIG. 6)(item# 604),[0061], [0067-0068], esp. [0075]
Sarin fails to discloses the server platform granting access to a restricted location after the number of tokens previously received by the first user device exceeds a predefined threshold. This is disclosed by Tibbitts (Fig. 1) [see 0305- the Service Decision System 125 (and optionally Safe Driving Registration System 105) receives vehicle plus mobile detected information. This vehicle plus mobile detected information is used to calculate a score based (1605) received from the Safe Driving Registration System 105. In one embodiment, the score is configured to promote safe driving behavior. The score includes one or more scores and can also be associated with awards, tokens (e.g., graphical pins and badges), and discounts (e.g., insurance discounts, e-commerce discounts, store discounts within a predetermined geographical distance, e.g., 5 miles or less based on CMD location, or VDS location, and monetary rewards). Various program logic can be used to calculate one or more scores, or generate one or more awards, or generate one or more discounts, and combinations of the same based on the one or more scores with the vehicle plus mobile detected information. The program logic is predetermined or provided real time via the system 10 (e.g., user interfaces 115). In one embodiment, the program logic is configured to determine the number of segments for the trip (e.g., calculated by equation: (minutes driven/predetermined segment minutes), the predetermined segment minutes may be any number greater than 1, e.g., 10 minutes, number of perfect segments (e.g., perfect driving streak calculated) and/or other desired scores configured to modify or motivate driving behavior (e.g., tokens, badges awarded on good driving, fuel efficient driving, etc.). Alternatively, the segments may be measured in distance driven rather than time driven, or a combination of time and distance to compensate for long trips at a slow speed, or short trips at high speed.]
Because Sarin discloses various conditions for which tokens may be used for transactions (e.g., proximity conditions), it would have been obvious before the effective filing date to have integrated the teachings of Tibbitts into Sarin providing alternative conditions for which to incentive token payment transactions based upon scoring/rating/rewarding certain driving behaviors and discourage others.[see Tibbitts 0015]
As per claim 17, Sarin discloses , further comprising the server platform receiving a compensation request from a user device, and the server platform automatically transferring an amount of fiat currency to a financial account associated with the user device in exchange for one or more tokens in response to the compensation request. [0083](e.g., a user’s bank account may be charged)
As per claim 18, Sarin discloses, wherein each of the plurality of user devices is associated with at least one vehicle and wherein a position of the at least one vehicle on a road depends on the quantity of tokens in the one of a plurality of user profiles associated with each of the plurality of user devices. (FIG. 2)[0019-0023], [0027], [0029]
As per claim 19, Sarin discloses, wherein the at least one vehicle associated with each of the plurality of user devices includes at least one autonomous vehicle, and wherein a first autonomous vehicle associated with a first user device automatically passes a second autonomous vehicle associated with a second user device in response to a transfer of at least one token from the second user device to the first user device. [0001], [0016], [0025],[0061-0062]
As per claim 20, Sarin discloses, further comprising at least one rules manager determining rules and conditions for generating a token transfer request by any user device proximate to one or more of the at least one service point using environmental conditions and/or governing entities. [0030], [0042], [0052]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S FELTEN whose telephone number is (571)272-6742. The examiner can normally be reached Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan D Donlon can be reached at 5712703602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DANIEL S. FELTEN
Examiner
Art Unit 3692
/DANIEL S FELTEN/Primary Examiner, Art Unit 3692
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