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 .
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 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Under Step 1, claims are directed to at least one statutory category, a method, apparatus, and non-transitory media, respectively.
Under Step 2A, Prong 1, claim 1 or claim 6 or claim 21 is directed to an abstract idea of provides a user-facing application that accesses; and performs processing based on user interaction with a goal-based planning application that processes data from a plurality of user accounts, wherein the goal-based planning application is capable of generating one or more instructions sets that are used to automatically reconfigure the plurality of user accounts to ensure that a goal is met; and a batching service coupled to and configured to: receive a request from to retrieve or update data; determine whether a time required for processing the request meets or exceeds a threshold; when the time meets or exceeds the threshold, process the request transparently via the remains responsive to user interaction without latency caused by the processing of the request; and provide notification via when the processing is complete. This concept of preventing and detecting identity theft falls under the abstract idea category of certain methods of organizing human activity, specifically commercial or legal interactions as it is directed to sales activities or behaviors.
Under Step 2A, Prong Two, the additional elements recited in claim 1 or claim 6 or claim 21 include: a data retention system and a predictive analytics system, the data retention system and the predictive analytics system both being in secure isolation from a remainder of a secure messaging system; the data retention system and the predictive analytics system; a message bus coupled to the application server layer; the message bus; the application server layer; message bus while the user-facing application; the message bus to the application server layer. These additional limitations do not integrate the judicial exception into a practical application. In particular, the claimed computer components, receiving and transmitting data are amount to no more than mere instructions to apply the exception using a generic computer system, which is not indicative of integration into a practical application; see MPEP 2106.05(f). The additional element amount to no more than merely linking the general technology to the judicial exception without significantly more and, in the alternative, mere insignificant extra-solution activity to gather data used in the claimed system/method. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. 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.
Under Step 2B, the claimed invention is considered as a whole whether the additional elements individually or as an ordered combination amount to an inventive concept. Upon further determination, the claims do not integration of the abstract idea into a practical application, the additional element of a data retention system and a predictive analytics system, the data retention system and the predictive analytics system both being in secure isolation from a remainder of a secure messaging system; the data retention system and the predictive analytics system; a message bus coupled to the application server layer; the message bus; the application server layer; message bus while the user-facing application; the message bus to the application server layer is recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer system, and recites the steps of data manipulation. Mere instructions to apply an exception using a generic computer system and/or adding insignificant extra-solution activity to the judicial exception is not indicative of an inventive concept. The sending and receiving data over a network have been determined by the courts to be well-known, conventional and routine functions, see MPEP 2106.05(d)(II)(i). Claims claim 6 and claim 21 recite similar limitations and are ineligible for similar rational. Therefore, claims 1, 6 and 21 are not patent eligible.
As for dependent claims 2-5, these claims recite limitation that further define the same abstract idea noted in claim 1. Therefore, they are considered patent ineligible for the reasons given above.
As for dependent claims 7-20, these claims recite limitation that further define the same abstract idea noted in claim 6. Therefore, they are considered patent ineligible for the reasons given above.
Response to Arguments
Applicant's arguments filed 10/13/2025 have been fully considered but they are not persuasive.
Applicant’s arguments, see page 9, filed 10/2025, with respect to double patenting rejection have been fully considered and are persuasive. The double patenting objections of claims 1, 8 and 15 has been withdrawn.
In response to applicant’s argument that pending claims are not directed to an abstract idea under Step 2A prong 1, the examiner respectfully disagrees. Under Step 2A, Prong 1, claims are directed to an abstract idea of provides a user-facing application that accesses; and performs processing based on user interaction with a goal-based planning application that processes data from a plurality of user accounts, wherein the goal-based planning application is capable of generating one or more instructions sets that are used to automatically reconfigure the plurality of user accounts to ensure that a goal is met; and a batching service coupled to and configured to: receive a request from to retrieve or update data; determine whether a time required for processing the request meets or exceeds a threshold; when the time meets or exceeds the threshold, process the request transparently via the remains responsive to user interaction without latency caused by the processing of the request; and provide notification via when the processing is complete. This concept of preventing and detecting identity theft falls under the abstract idea category of certain methods of organizing human activity, specifically commercial or legal interactions as it is directed to sales activities or behaviors. This concept of determining a fixed rate based on behavior fall under the abstract idea category of certain methods of organizing human activity, specifically commercial or legal interactions as it is directed to sales activities or behaviors. Therefore, the applicant’s argument is not persuasive.
In response to applicant’s argument to 101 rejections under step 2A, Prong Two and 2B, the examiner respectfully disagrees. The claims are not eligible under the two-pronged analysis set forth in Alice Corp as shown in the office action rejections described above. The claimed invention does not recite improvement to another technology or another technical field or the computing device. The claimed invention does not recite any improvement to the functioning of the computer system itself. Therefore, applicant’s argument is not persuasive.
In response to applicant’s argument in regard to Ancora v. HTC, the examiner respectfully disagrees. The decision in Ancora v. HTC is a non-presidential decision. Therefore, the applicant’s’ argument is not persuasive.
In response to applicant’s argument in regard to Berkheimer Memo and additional elements not well-understood, routine, and conventional, the examiner respectfully disagrees. The current case is all of the elements in the current case are doing merely communicating or sending data back and forth and courts have recognized the computer function: receiving or transmitting data over a network, e.g., using the Internet to gather data to be routine and conventional, therefore the current case is conventional. The current claims do not recite anything non-conventional and non-routine. The claim is merely gathered information of information over conventional network. Therefore, the applicant’s argument is not persuasive.
Applicant’s arguments, see page 11/18, filed 10/13/2025, with respect to 35 U.S.C. § 102 have been fully considered and are persuasive in view of applicant’s claims amendment. The 102 rejections of claims 1-21 have been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to I JUNG LIU whose telephone number is (571)270-1370. The examiner can normally be reached Monday-Friday.
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I JUNG LIU
Examiner
Art Unit 3695
/I JUNG LIU/Primary Examiner, Art Unit 3695