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 .
DETAILED ACTION
Status of claims
Claims 1, 2, 5 and 15 are amended. Claims 3 and 16 are canceled. Claims 1, 2, 4-15, and 17 are pending.
Response to Arguments
Applicant’s arguments regarding the 101 rejection of the claims have been considered but are not persuasive.
Applicant argues:
The claims recite specific technological processes implemented by computing devices and networked servers, not practices of human organization or economic activity. The claims are directed toward machine-to-machine communications, optical processing and structured data transmission between separate computing systems focusing on improvements to computer functionality.
The Office asserts that the claims are directed to generating and displaying a partially populated form and using computers as tools to do so. Although the claims are filled with technical jargon they merely describe the process of scanning a code, such as a qr code, with a user device, such as a camera and accessing a URL that the QR code is linked to generate and display the form. The claims recite a business process that could be performed by a human with pen and paper but instead is performed automatically using computers. While this process may save time and effort over previous manual processes it is clear that the efficiency gained by using computers does not integrate a judicial exception into a practical application or provide an inventive concept MPEP 2106.05(f)(2).
Applicant argues the distributed computing architecture addresses the challenge of coordinating data processing across independent systems.
The Office asserts that distributed computing architecture is again mere instructions to apply an exception per the MPEP section cited above. The MPEP cited section provides several examples of this, particularly, requiring the use of software to tailor information and provide it to the user on a generic computer, Intellectual Ventures I LLC v. Capital One Bank.
Applicant argues the claims provide a technologically rooted solution analogous to example 21 and address the challenge of coordinating data transmission between separate computing systems while preserving embedded variable relationships through URL based communication protocols.
The Office asserts that the claims are directed toward a business process and not challenge asserted above. Per 0003 of the applicant’s specification “a need exists to improve consumer’s awareness, accessibility, and convenience associated with obtaining financial capital.”
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.
Claim(s) 1, 2, 4-15 and 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s):
1. A computer system for data transmission, the computer system comprising:
one or more processors in communication with a memory; and
program instructions stored by the memory and executable by the one or more
processors to:
detect, via one or more image sensors of a computing device and while present at a first entity, presence of a scannable object comprising computer readable matrix code comprising data modules embedded therein and based thereon convert from an amount of light associated with pixels of the scannable object photons into an electrical signal to generate a URL:
display, via a graphical user interface of the computing device and based on the electrical signal, the URL for selection, the URL comprising one or more embedded variables:
receive, via the graphical user interface, a URL-associated input associated with the URL, and based thereon display, via the graphical user interface, a digital landing page of the first entity, the landing page identifying a particular acquirable item associated with the URL that is acquirable through the first entity;
transmit, across a network and based on a URL-associated input associated with the URL being electronically submitted via a graphical user interface, a server initiation request to a public web server to initiate one or more server operations comprising data processing, the one or more server operations facilitating generation of an electronic document comprising a partially populated digital data submission form that comprises one or more populated variables;
receive, from the public server and based on transmitting the request, the partially populated digital data submission form comprising the one or more populated variables;
display, via the graphical user interface, the partially populated digital submission form, wherein the partially populated digital data submission form includes first entity information of the first entity and is associated with an acquiring facility available through a second entity, the second entity being different from the first entity.
15. A computing system for data transmission, the computer system comprising:
one or more processors in communication with a memory; and
program instructions stored by the memory and executable by the one or more
processors to:
detect, via one or more image sensors of a computing device while present at a first entity, presence of a scannable object comprising computer readable matrix code comprising data modules embedded therein and based thereon convert from an amount of light associated with pixels of the scannable object photons into an electrical signal;
display, via a graphical user interface of the computing device and based on the electrical signal, a URL for selection, the URL comprising one or more embedded variables associated with a borrowing facility available through a financial entity:
receive, via the graphical user interface, a URL-associated input associated with the URL, and based thereon display, a digital landing page of the first entity, the landing page identifying a particular acquirable item associated with the URL that is acquirable through the first entity, the first entity being different from the financial entity;
transmit, across a network and based on the URL-associated input associated with the URL being electrically submitted via the graphical user interface, a server initiation request to initiate one or more server operations comprising data processing to facilitate generation of acquiring facility information available to a user of the computing device; and
receive an electronic communication comprising the acquiring facility information available to the user, wherein the acquiring facility information is selected from the group consisting of interest, terms, and disclaimers.
The underlined portion of the claim represents certain methods of organizing human activity, commercial activities, sales activities because the claim is directed to pre-populating a form and providing it to a user.
This judicial exception is not integrated into a practical application because the claims include the additional elements comprising a system, and its elements, a URL associated input, servers, GUI, user device, and electronic communication as means of retrieving, generating and transmitting the information. These elements represent adding the words “apply it” or the like, to the abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because since the claims comprise only the abstract idea and the words “apply it”.
The dependent claims comprise similar additional elements for retrieving the information as well as limitations merely narrowing the abstract idea. As a whole and in combination the claims recite an abstract idea with the words “apply it” which are considered ineligible.
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 WILLIAM E RANKINS whose telephone number is (571)270-3465. The examiner can normally be reached on 9-530 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bennett Sigmond can be reached on 303-297-4411. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM E RANKINS/Primary Examiner, Art Unit 3694