DETAILED ACTION
Status of the Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This is in response to an amendment to the claims dated July 7, 2025. Claims 1, 10 and 16 are amended. Claims 1-16 are pending. All pending claims are examined.
Response to Arguments
101 Rejection Analysis
101 Analysis
In line with the "2019 Revised Patent Subject Matter Eligibility Guidance," which explains how we must analyze patent-eligibility questions under the judicial exception to 35 U.S.C. § 101. 84 Fed. Reg. 50-57 ("Revised Guidance"), the first step of Alice (i.e., Office Step 2A) consists of two prongs. In Prong One, we must determine whether the claim recites a judicial exception, i.e., an abstract idea, a law of nature, or a natural phenomenon. 84 Fed. Reg. at 54 (Section III.A. I.). If it does not, the claim is patent eligible. Id.
An abstract idea must fall within one of the enumerated groupings of abstract ideas in the Revised Guidance or be a "tentative abstract idea, "with the latter situation predicted to be rare. Id. at 51-52 (Section I, enumerating three groupings of abstract ideas), 54 (Section III.A. I., describing Step 2A Prong One), 56-57 (Section III.D., explaining the identification of claims directed to a tentative abstract idea).
If a claim does recite a judicial exception, the next is Step 2A Prong Two, in which we must determine if the "claim as a whole integrates the recited judicial exception into a practical application of the exception." Id. at 54 (Section II.A.2.) If it does, the claim is patent eligible. Id.
If a claim recites a judicial exception but fails to integrate it into a practical application, we move to the second step of Alice (i.e., Office Step 2B). to evaluate the additional limitations of the claim, both individually and as an ordered combination, to determine whether they provide an inventive concept. Id. at 56 (Section III.B.). In particular, we look to whether the claim:
• Adds a specific limitation or combination of limitations that are not well-understood, routine, conventional in the field, which is indicative that an inventive concept may be present; or
• simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present.
The analysis in line with current 101 guidelines. Even if the abstract idea is deemed to be novel, the abstract idea is no less abstract (see Flook- new mathematical formula was an abstract idea).
“ In accordance with judicial precedent and in an effort to improve consistency and predictability, the 2019 Revised Patent Subject Matter Eligibility Guidance extracts and synthesizes key concepts identified by the courts as abstract ideas to explain that the abstract idea exception includes the following groupings of subject matter, when recited as such in a claim limitation(s) (that is, when recited on their own or per se):
(b) Certain methods of organizing human activity—fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)1 – See Federal Register / Vol. 84, No. 4 / Monday, January 7, 2019 / p.52.
Step 1: The claims are directed to one or more of the following statutory categories: a process, a machine, a manufacture, and a composition of matter.
Claim 16, which is illustrative of the independent claims 1 and 10 recite:
A system configured to obtain provisional credit for kiosk operators and reconcile any imbalances therein, said system comprising:
at least one kiosk, said at least one kiosk comprising a kiosk application server operatively connected with a core processor of at least one financial institution;
said kiosk application server comprising a transaction component, a file generation component, a transmission component, and a reconciliation component;
said transaction component configured to execute at least one transaction between the kiosk and a user thereof and to record transaction data associated therewith;
said file generation component configured to generate at least one generated file in a posting file format recognized by said core processor of said at least one financial institution, thereby eliminating the need for subsequent reformatting by said core processor, said at least one generated file comprising at least one first entry and at least one second entry;
said at least one first entry configured to post a first amount to the operator’s account with said at least one financial institution, and said at least one second entry configured to post a second amount to said at least one financial institution’s general ledger account;
said first amount equal to the value recorded in said transaction data; said second amount equal to an offsetting value from said first amount, such that the posting of said at least one first entry and said at least one second entry does not affect the balance of said at least one financial institution’s general ledger account;
said transmission component configured to transmit said at least one generated file to said core processor of said at least one financial institution via a secure cryptographic network protocol to ensure integrity and confidentiality of said generated file during transmission, for the issuance of said amount of provisional credit to the kiosk operator;
said reconciliation component configured to remediate said amount of provisional credit issued to the kiosk operator, said reconciliation component comprising:
a monitoring component configured to monitor in real-time the cash which was the subject of said at least one executed transaction while in transit to its deposit in a cash vault;
a verification component configured to issue a remediation decision indicating a difference between said amount of provisional credit issued to the kiosk operator and said cash deposited in said cash vault, said verification component configured to continuously aggregate at least one initial verification and at least one subsequent verification to identify a location and time of at least one identified inconsistency;
said remediation decision comprising an identification of which of said at least one kiosk requires remediation of said amount of provisional credit; and
a rectification component configured to transmit a remedial file to said at least one financial institution, said remedial file comprising a first remedial entry and a second remedial entry configured to offset each other and each comprising an amount equal to said difference between said amount of provisional credit issued to the kiosk operator and said cash deposited in said cash vault.
2A, Prong One, It is a certain method of organizing human activity that is a fundamental economic practice of providing provisional credit, wherein funds are made available based on pre-defined rate or rules that are applied to deposits
Evaluating information to determine provisional credit based on evaluation of data are nothing more than gathering data and applying a set of instructions to the data.
The limitations of the invention as claimed describe steps a person would take to determine if provisional credit should be issued to a user (Applicant Specification, Figs. 2-5). Beyond the abstract idea, the additional elements recite hardware components such as a processor, there does not appear to be any technology being improved.
They are described at a high level of generality where each step does no more than require a generic computer to perform generic computer functions. Absent is any support in the specification that the claims as recited require specialized computer hardware or other inventive computer components (App. Spec. paras. 0013, 0020-0027; Figs. 1-3).
Unlike, McRO, the present claims contain improvements to the context in which the evaluation is made and not one of a technology or technological field.
In particular, there is a lack of improvement to a computer or technical field of making a determination of the issuance provisional credit. The exchange of data and processing performed merely uses a system as a tool to perform an abstract idea- see MPEP 2106.05(f). Therefore, the claims are directed to an abstract idea. The invention as claimed recites a generic computer component and the claim does not pass step 2A, Prong Two.
Although the claims recite:
said file generation component configured to generate at least one generated file in a posting file format recognized by said core processor of said at least one financial institution, thereby eliminating the need for subsequent reformatting by said core processor, said at least one generated file comprising at least one first entry and at least one second entry;
said at least one first entry configured to post a first amount to the operator’s account with said at least one financial institution, and said at least one second entry configured to post a second amount to said at least one financial institution’s general ledger account;
said first amount equal to the value recorded in said transaction data; said second amount equal to an offsetting value from said first amount, such that the posting of said at least one first entry and said at least one second entry does not affect the balance of said at least one financial institution’s general ledger account;
said transmission component configured to transmit said at least one generated file to said core processor of said at least one financial institution via a secure cryptographic network protocol to ensure integrity and confidentiality of said generated file during transmission, for the issuance of said amount of provisional credit to the kiosk operator;
The innovation as claimed appears to be directed to the user’s objective of processing the user’s requests received, rather than the integration of a practical application.
Step 2B; The next step is to identify any additional limitations beyond the judicial exception. The additional elements are computer components which are disclosed in the specification at a high degree of generality. Absent is any genuine issue of material fact that this component requires any specialized hardware or inventive computer component.
Likewise, the dependent claims 2-9 and 11-15 are rejected under 35 U.S.C. § 101. For example, claims 2-5 provide descriptive material of the features of the entries, file format and rules or conditions for the evaluation. These claim limitations recite steps at a high level of generality and performed in a traditional manner and therefore do not integrate the abstract idea into a practical application or provide an inventive concept.
Independent claims 1, 10 and 16 are rejected under 35 U.S.C. § 101 including dependent claims 2-9 and 11-15 which fall with claims 1, 10 and 16. Therefore, claims 1-16 are not patent eligible under 35 USC 101.
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 1-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (abstract idea) without significantly more. The claim recites abstract idea of organizing human activities. This judicial exception is not integrated into a practical application and the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Analysis
The claims are directed to one or more of the following statutory categories: a process, a machine, a manufacture, and a composition of matter.
Claim 16, which is illustrative of the independent claims 1 and 10 recite:
A system configured to obtain provisional credit for kiosk operators and reconcile any imbalances therein, said system comprising:
at least one kiosk, said at least one kiosk comprising a kiosk application server operatively connected with a core processor of at least one financial institution;
said kiosk application server comprising a transaction component, a file generation component, a transmission component, and a reconciliation component;
said transaction component configured to execute at least one transaction between the kiosk and a user thereof and to record transaction data associated therewith;
said file generation component configured to generate at least one generated file in a posting file format recognized by said core processor of said at least one financial institution, thereby eliminating the need for subsequent reformatting by said core processor, said at least one generated file comprising at least one first entry and at least one second entry;
said at least one first entry configured to post a first amount to the operator’s account with said at least one financial institution, and said at least one second entry configured to post a second amount to said at least one financial institution’s general ledger account;
said first amount equal to the value recorded in said transaction data; said second amount equal to an offsetting value from said first amount, such that the posting of said at least one first entry and said at least one second entry does not affect the balance of said at least one financial institution’s general ledger account;
said transmission component configured to transmit said at least one generated file to said core processor of said at least one financial institution via a secure cryptographic network protocol to ensure integrity and confidentiality of said generated file during transmission, for the issuance of said amount of provisional credit to the kiosk operator;
said reconciliation component configured to remediate said amount of provisional credit issued to the kiosk operator, said reconciliation component comprising:
a monitoring component configured to monitor in real-time the cash which was the subject of said at least one executed transaction while in transit to its deposit in a cash vault;
a verification component configured to issue a remediation decision indicating a difference between said amount of provisional credit issued to the kiosk operator and said cash deposited in said cash vault, said verification component configured to continuously aggregate at least one initial verification and at least one subsequent verification to identify a location and time of at least one identified inconsistency;
said remediation decision comprising an identification of which of said at least one kiosk requires remediation of said amount of provisional credit; and
a rectification component configured to transmit a remedial file to said at least one financial institution, said remedial file comprising a first remedial entry and a second remedial entry configured to offset each other and each comprising an amount equal to said difference between said amount of provisional credit issued to the kiosk operator and said cash deposited in said cash vault.
The invention as claimed recites an abstract idea of providing provisional credit, a fundamental economic practice wherein funds are made available based on pre-defined rules that are applied to deposits. It can also be considered a mental process practically with the human mind since it entails making evaluations and or comparisons of data albeit with the help of a computer.
Besides reciting the abstract idea, the remaining claim limitations recite generic computer components (e.g. processor). This recited abstract idea is not integrated into a practical application. In particular, the claim only recites generic computer components (e.g. processor) to completing/recording/generating/transmitting the provisional credit information to the system.
The additional elements are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Therefore, 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 - (e.g. processor) amount to no more than mere instructions to apply the abstract idea using generic computer components.
Dependent claims 4-9 provide additonal details about different types of data points and how the predefined rules are applied but do not address the issues raised in the independent claims and therefore do not amount to a technical improvement or an integration of a practical application. In conclusion, merely “applying” the exception using generic computer components cannot provide an inventive concept. Therefore, the claims 1-16 are not patent eligible under 35 USC 101.
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 CHIKA OJIAKU whose telephone number is (571)270-3608. The examiner can normally be reached Monday - Friday: 8.30 AM -5:00 PM EST.
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/CHIKAODINAKA OJIAKU/Primary Examiner, Art Unit 3696
1 Interval Licensing, 896 F.3d at 1344–45 (concluding that ‘‘[s]tanding alone, the act of providing someone an additional set of information without disrupting the ongoing provision of an initial set of information is an abstract idea,’’ observing that the district court ‘‘pointed to the nontechnical human activity of passing a note to a person who is in the middle of a meeting or conversation as further illustrating the basic, longstanding practice that is the focus of the [patent ineligible] claimed invention.’’); Voter Verified, Inc. v. Election Systems & Software, LLC, 887 F.3d 1376, 1385 (Fed. Cir. 2018) (finding the concept of ‘‘voting, verifying the vote, and submitting the vote for tabulation,’’ a ‘‘fundamental activity’’ that humans have performed for hundreds of years, to be an abstract idea);
In re Smith, 815F.3d 816, 818 (Fed. Cir. 2016) (concluding that ‘‘[a]pplicants’ claims, directed to rules for conducting a wagering game’’ are abstract).
14 If a claim, under its broadest reasonable interpretation, covers performance in the mind but for the recitation of generic computer components, then it is still in the mental processes category unless the claim cannot practically be performed in the mind. See Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1318 (Fed. Cir . 2016) (‘‘[W]ith the exception of generic computer-implemented steps, there is nothing in the claims themselves that foreclose them from being performed by a human, mentally or with pen and paper.’’); Mortg. Grader, Inc. v. First Choice Loan Servs. Inc., 811 F.3d. 1314, 1324 (Fed. Cir. 2016)(holding that computer-implemented method for ‘‘anonymous loan shopping’’ was an abstract idea because it could be ‘‘performed by humans without a computer’’); Versata Dev. Grp. v. SAP Am., Inc., 793 F.3d 1306, 1335 (Fed. Cir. 2015) (‘‘Courts have examined claims that required the use of a computer and still found that the underlying, patent-ineligible invention could be performed via pen and paper or in a person’s mind.’’); CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 1372 (Fed. Cir. 2011) (holding that the incidental use of ‘‘computer’’ or ‘‘computer readable medium’’ does not make a claim otherwise directed to process that ‘‘can be performed in the human mind, or by a human using a pen and paper’’ patent eligible); id. at 1376 (distinguishing Research Corp. Techs. v. Microsoft Corp., 627 F.3d 859 (Fed. Cir. 2010), and SiRF Tech., Inc. v. Int’l Trade Comm’n, 601 F.3d 1319 (Fed. Cir. 2010), as directed to inventions that ‘‘could not, as a practical matter, be performed entirely in a human’s mind’’). Likewise, performance of a claim limitation using generic computer components does not necessarily preclude the claim limitation from being in the mathematical concepts grouping, Benson, 409 U.S.at 67, or the certain methods of organizing human activity grouping, Alice, 573 U.S. at 219–20 - – See Federal Register / Vol. 84, No. 4 / Monday, January 7, 2019