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 .
Status of Claims
This action is in reply to the communications filed on 03/23/2026.
Claims 2-3, 9-10, and 16-17 have been amended and are hereby entered.
Claims 2-3, 5-10, 12-17, and 19-25 are currently pending and have been examined.
This action is made Final.
Examiner Request
The Applicant is requested to indicate where in the specification there is support for future claim amendments to avoid U.S.C 112(a) issues that can arise. The Examiner thanks the Applicant in advance.
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 2-3, 5-10, 12-17, and 19-25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of generating and providing real-time new offers without significantly more.
Examiner has identified claim 9 as the claim that represents the claimed invention presented in independent claims 2, 9, and 16.
Claim 2 is directed to a method, which is one of the statutory categories of invention; Claim 9 is directed to a system, which is one of the statutory categories of invention; and Claim 16 is directed to a non-transitory, computer-readable storage medium, which is one of the statutory categories of invention. (Step 1: YES).
Claim 9 is directed to a system, comprising: one or more processors; and memory storing thereon instructions that, as a result of being executed by the one or more processors, cause the system to: obtain data corresponding to user interactions with one or more applications executing on a computing device associated with a user, wherein the data is obtained through a real-time offers application executing on the computing device, and wherein the real-time offers application is configured to interface with the one or more applications to obtain the data; process the data to determine a set of dynamic user attributes, wherein the data is processed through a real-time offers platform in communication with the real-time offers application; process the set of dynamic user attributes through a machine learning model to identify a cluster of user attributes from a set of clusters, wherein the machine learning model is trained to generate the set of clusters using a data set including sample user attributes associated with a set of sample users and sample offers corresponding to the set of sample users; generate one or more offers for the user, wherein the one or more offers are generated by the machine learning model according to the cluster identified based on the set of dynamic user attributes; update an interface displayed on the computing device to provide the one or more offers, wherein the interface is updated by the real-time offers application executing on the computing device; obtain new data corresponding to new user interactions with the one or more offers, wherein the new data is obtained through the real-time offers application; modify the machine learning model by updating the data set to include the set of dynamic user attributes, the one or more offers, and the new user interactions, wherein the updated data set is used to update the set of clusters; process the new data through the real-time offers platform to dynamically determine a new set of dynamic user attributes; process the new set of dynamic user attributes through the modified machine learning model to identify a new cluster of user attributes from the updated set of clusters; generate one or more alternative offers for the user, wherein the one or more alternative offers are generated by the modified machine learning model according to the new cluster; update the interface to provide the one or more alternative offers. These series of steps describe the abstract idea of generating and providing real-time new offers (with the exception of the italicized and bolded terms above), which is providing individually tailored offers in real time to mitigate risk due to changing conditions, where a user may remain eligible for an offer with updated terms and conditions; therefore, corresponding to a fundamental economic principle or practice (including mitigating risk). Hence, a fundamental economic principle or practice (mitigating risk) is a Certain Methods of Organizing Human Activity. The abstract idea is also providing tailored financial offers in real-time based on user attributes, which is a commercial interaction. Therefore, a commercial interaction is also a Certain Methods of Organizing Human Activity. The system limitations, e.g., one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, machine learning model, modified machine learning model, and interface, do not necessarily restrict the claim from reciting an abstract idea. Thus, claim 9 recites an abstract idea (Step 2A-Prong 1: YES).
This judicial exception is not integrated into a practical application because the additional elements of one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, machine learning model, modified machine learning model, and interface, are no more than simply applying the abstract idea using generic computer elements. The additional elements listed above are all recited at a high level of generality and under their broadest reasonable interpretation comprises a generic computing arrangement. The presence of a generic computer arrangement is nothing more than to implement the claimed invention (MPEP 2106.05(f)). Therefore, the recitations of additional elements do not meaningfully apply the abstract idea and hence do not integrate the abstract idea into a practical application. Thus, claim 9 does not integrate the abstract idea into a practical application (Step 2A-Prong 2: NO).
Claim 9 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, machine learning model, modified machine learning model, and interface, are recited at a high level of generality in that it results in no more than simply applying the abstract idea using generic computer elements. The additional elements when considered separately and as an ordered combination do not amount to add significantly more as these limitations provide nothing more than to simply apply the exception in a generic computer environment (Step 2B: NO). Thus, claim 9 is not patent eligible.
Similar arguments can be extended to the other independent claims, claims 2 and 16; and hence, claims 2 and 16 are rejected on similar grounds as claim 9.
Dependent claims 3, 5-8, 10, 12-15, 17, and 19-25 are directed to a method, system, and non-transitory, computer-readable storage medium, which perform the steps that describe the abstract idea of generating and providing real-time new offers. Specifically, dependent claims 3, 5-8, 10, 12-15, 17, and 19-25 are directed to a method, system, and non-transitory, computer-readable storage medium, which perform the steps that provide individually tailored offers in real time to mitigate risk due to changing conditions, where a user may remain eligible for an offer with updated terms and conditions; therefore, corresponding to a fundamental economic principle or practice (including mitigating risk). Hence, a fundamental economic principle or practice (mitigating risk) is a Certain Methods of Organizing Human Activity. The abstract idea is also providing tailored financial offers in real-time based on user attributes, which is a commercial interaction. Therefore, a commercial interaction is also a Certain Methods of Organizing Human Activity. Thus, dependent claims 3, 5-8, 10, 12-15, 17, and 19-25 recite an abstract idea. The additional elements of one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, machine learning model, modified machine learning model, and interface, are no more than simply applying the abstract idea using generic computer elements. The presence of a generic computer arrangement is nothing more than to implement the claimed invention (MPEP 2106.05(f)). Therefore, the recitations of additional elements do not meaningfully apply the abstract idea and hence do not integrate the abstract idea into a practical application. Furthermore, the additional elements: one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, machine learning model, modified machine learning model, and interface, do not amount to add significantly more as these limitations provide nothing more than to simply apply the exception in a generic computer environment.
Dependent claims 3, 5-8, 10, 12-15, 17, and 19-25 have further defined the abstract idea that is present in their respective independent claims: Claim 2, 9, and 16; and thus correspond to Certain Methods of Organizing Human Activity, and hence are abstract in nature for the reason presented above. The dependent claims 3, 5-8, 10, 12-15, 17, and 19-25 do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Therefore, claims 3, 5-8, 10, 12-15, 17, and 19-25 are directed to an abstract idea without significantly more.
Thus, claims 2-3, 5-10, 12-17, and 19-25 are not patent-eligible.
Response to Arguments
Applicant's arguments filed on 03/23/2026 have been fully considered, but are not persuasive due to the following reasons:
With respect to the rejection of claims 2-3, 5-10, 12-17, and 19-25 under 35 U.S.C. 101, Applicant arguments are moot in view of the grounds of rejections presented above in this office action. The arguments are addressed to the extent they apply to the amended claims.
Applicant asserts that “Without addressing the propriety of the rejection in order to expedite prosecution, Claims 2-3, 9-10, and 16-17 have been amended as noted above. Claims 3, 5-8 and 23 depend from independent claim 2. Claims 10, 12-15 and 24 depend from independent claim 9. Claims 17, 19- 22 and 25 depend from independent claim 16. Withdrawal of the rejection under 35 U.S. C. § 101 is therefore respectfully requested.”
Examiner respectfully declines Applicant’s request to withdraw the 35 U.S.C. 101 rejection of claims 2-3, 5-10, 12-17, and 19-25.
Under Step 2A: Prong 1, as previously discussed in the Final Office Action dated 04/11/2025 and Non-Final Office Action dated 10/22/2025, Examiner respectfully notes that the claims as amended, are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of generating and providing real-time new offers, without significantly more. The series of steps recited in the amended claims describe an abstract idea, which is providing individually tailored offers in real time to mitigate risk due to changing conditions, where a user may remain eligible for an offer with updated terms and conditions; therefore, corresponding to a fundamental economic principle or practice (including mitigating risk). Hence, a fundamental economic principle or practice (mitigating risk) is a Certain Methods of Organizing Human Activity. The abstract idea is also providing tailored financial offers in real-time based on user attributes, which is a commercial interaction. Therefore, a commercial interaction is also a Certain Methods of Organizing Human Activity. Furthermore, the system limitations, e.g., one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, machine learning model, modified machine learning model, and interface do not necessarily restrict the claim from reciting an abstract idea. Moreover, Examiner respectfully notes that the claims are first analyzed in the absence of technology to determine if it recites an abstract idea. The additional limitations of technology are then considered to determine if it restricts the claim from reciting an abstract idea. In this case, and as discussed in the 2019 and 2024 updated Guidance on Patent Subject Matter Eligibility, it is determined that the additional limitations of technology do not necessarily restrict the claim from reciting an abstract idea.
Furthermore, Examiner respectfully notes that the recited features in the limitations: “obtain data corresponding to user interactions with one or more applications executing on a computing device associated with a user, wherein the data is obtained through a real-time offers application executing on the computing device, and wherein the real-time offers application is configured to interface with the one or more applications to obtain the data; process the data to determine a set of dynamic user attributes, wherein the data is processed through a real-time offers platform in communication with the real-time offers application; process the set of dynamic user attributes through a machine learning model to identify a cluster of user attributes from a set of clusters, wherein the machine learning model is trained to generate the set of clusters using a data set including sample user attributes associated with a set of sample users and sample offers corresponding to the set of sample users; generate one or more offers for the user, wherein the one or more offers are generated by the machine learning model according to the cluster identified based on the set of dynamic user attributes; update an interface displayed on the computing device to provide the one or more offers, wherein the interface is updated by the real-time offers application executing on the computing device; obtain new data corresponding to new user interactions with the one or more offers, wherein the new data is obtained through the real-time offers application; modify the machine learning model by updating the data set to include the set of dynamic user attributes, the one or more offers, and the new user interactions, wherein the updated data set is used to update the set of clusters; process the new data through the real-time offers platform to dynamically determine a new set of dynamic user attributes; process the new set of dynamic user attributes through the modified machine learning model to identify a new cluster of user attributes from the updated set of clusters; generate one or more alternative offers for the user, wherein the one or more alternative offers are generated by the modified machine learning model according to the new cluster; update the interface to provide the one or more alternative offers” are simply making use of a computer and the computer limitations do not necessarily restrict the claim from reciting an abstract idea as discussed above under Step 2A-Prong 1 of the 35 U.S.C. 101 rejection.
Hence, Examiner has also considered each and every arguments under Step 2A-Prong 1 and concludes that these arguments are not persuasive. For example, under Step 2A-Prong 1, Examiner considers each and every limitation to determine if the claim recites an abstract idea. In this case, it is determined that the claim recites an abstract idea and the additional limitations of a computer device does not necessarily restrict the claim from reciting an abstract idea. The recited steps, as amended, are abstract in nature as there are no technical/technology improvements as a result of these steps. Thus, the claim recites an abstract idea. Whether the claim integrates the abstract idea into a practical application by providing technical/technology improvements are considered under Step 2A-Prong 2.
Under Step 2A: Prong 2, as previously discussed in the Final Office Action dated 04/11/2025 and Non-Final Office Action dated 10/22/2025, Examiner respectfully notes that there is no improved technology in simply obtaining, processing, receiving, generating, using, updating, providing, determining, and removing data (i.e., offer, user interactions, user attributes, user data etc.). The disclosed invention simply cannot be equated to improvement to technological practices or computers. There is no technical improvement at all. The recited features in the limitations do not result in computer functionality or technical improvement. Examiner respectfully notes that Applicant is simply using a computer to input, process, and output data. The recited features in the limitations does not disclose a technical solution to technical problem, but simply a business solution. Specifically, the recited steps, as amended, are merely managing/processing data (MPEP 2106.05(d)(II)) and does not result in computer functionality or technical improvement. Thus, Applicant has simply provided a business method practice of processing data (loan/financial/transactional/offer data), and no technical solution or improvement has been disclosed. Additionally, as previously discussed in the Final Office Action dated 04/11/2025 and Non-Final Office Action dated 10/22/2025, there is no technology/technical improvement as a result of implementing the abstract idea. The recited limitations in the pending claims simply amount to the abstract idea of generating and providing real-time new offers. There is no computer functionality improvement or technology improvement. The claim does not provide a technical solution to a technical problem. If there is an improvement, it is to the abstract idea and not to technology. Additionally, Examiner notes that it is important to keep in mind that an improvement in the judicial exception itself (e.g., recited fundamental economic principle or practice and/or commercial interaction) is not an improvement in technology (See, MPEP 2106.05(a)(II)). Thus, the claim does not integrate the abstract idea into a practical application; and these arguments are not persuasive. The claims, as amended, recites steps at a high level of generality. In addition, all uses of the recited judicial exceptions require such data gathering and outputting; therefore, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and output. See MPEP 2106.05. Additionally, the ‘automatically’ and ‘dynamically’ features simply amounts to mere automation of manual processes, such as using a generic computer to process an application for financing a purchase, Credit Acceptance Corp. v. Westlake Services, 859 F.3d 1044, 1055, 123 USPQ2d 1100, 1108-09 (Fed. Cir. 2017). Thus, the automation feature is not sufficient to show an improvement in computer-functionality or technology/technical improvements (see MPEP 2106.05(a)(1)). The claim simply makes use of a computer as a tool to apply the abstract idea without transforming the abstract idea into a patent eligible subject matter. Thus, these arguments are not persuasive
Additionally, these steps, as amended, are recited as being performed by o one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, machine learning model, modified machine learning model, and interface. The additional elements: one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, machine learning model, modified machine learning model, and interface are recited at a high level of generality, and are used as a tool to perform the generic computer function of receiving, processing, and outputting data. See MPEP 2106.05(f). The claims, as amended, recite one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, machine learning model, modified machine learning model, and interface, which are simply used to perform an abstract idea, as discussed above in Step 2A, Prong 1, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f). Specifically, the recitation of one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, machine learning model, modified machine learning model, and interface in the limitations merely indicates a field of use or technological environment in which the judicial exception is performed. The claims, as amended, merely confines the use of the abstract idea to a particular technological environment; and thus fails to add an inventive concept to the claims. See MPEP 2106.05(h). Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application, and the claim is directed to the judicial exception. Hence, the claims, as amended, do not integrate the abstract idea into a practical application. Thus, these arguments are not persuasive.
Under Step 2B, as previously discussed in the Final Office Action dated 04/11/2025 and Non-Final Office Action dated 10/22/2025, Examiner respectfully notes that the inventive concept cannot be furnished by a judicial exception. The improvements argued are to the abstract idea and not to technology. The technical limitations are simply utilized as a tool to implement the abstract idea without adding significantly more. Thus, the claim is directed to an abstract idea, and hence these arguments are not persuasive. The presence of a computer does not make the claimed solution necessarily rooted in computer technology. As noted above, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, machine learning model, modified machine learning model, and interface are recited at a high level of generality in that it results in no more than simply applying the abstract idea using generic computer elements. The additional elements when considered separately and as an ordered combination do not amount to add significantly more as these limitations provide nothing more than to simply apply the exception in a generic computer environment.
As explained above with respect to Step 2A, Prong 2, the additional elements: one or more processors, memory, system, one or more applications, computing device, real-time offers application, real-time offers platform, trained machine learning model, and interface, are at best mere instructions to “apply” the abstract idea, which cannot provide an inventive concept. See MPEP 2106.05(f). As discussed in Step 2A, Prong 2 above, the claims’ limitations are recited at a high level of generality. Furthermore, the recitation of a computer/processor to perform recited limitations, as amended, amounts to no more than mere instructions to apply the exception using a generic computer component. Even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception on a computer, which do not provide an inventive concept.
Hence, Examiner respectfully declines Applicant’s request to withdraw the 35 U.S.C. 101 rejection of claims 2-3, 5-10, 12-17, and 19-25.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are the following:
Kranzley US Patent Publication US 2013/0144715 A1 -“Unified system, methods, and computer program products enabling the processing of one or more events associated with a transaction executing the purchase and/or use of one or more products”
Morin (U.S. Patent No. US 11,244,340 B1) “Method and system for using machine learning techniques to identify and recommend relevant offers”
Kothari (U.S. Patent No. US 10,832,318 B1) -“Computer-based systems and platforms and computer-implemented methods configured for tracking data objects' behaviours and utilizing graphical user interface elements to execute numerous electronic activities with a single instruction”
Trim (U.S. Patent Application Publication No. US 2020/0409656 A1) “Audible command modification”
Buerger (U.S. Patent Application Publication No. US 2016/0171555A1) “Method and System for Customer Evaluation and Development/Provision of Multiple Types of Varied and Pre-Approved Customized Product Offers to Evaluated Customers for On-Demand Acceptance and Fulfillment”
White (U.S. Patent Application Publication No. US 2020/0380551 A1) “Device with rule based offers”
Marshak (U.S. Patent No. US 2017/0109776 A1) “System and method for generation of dynamically priced discount offers for perishable inventory to vendor-selected customer segments”
Boal (U.S. Patent Application Publication No. US 2014/0180808 A1) “Generation and management of dynamic electronic offers”
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED H MUSTAFA whose telephone number is (571)270-7978. The examiner can normally be reached M-F 8:00 - 5:00.
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/MOHAMMED H MUSTAFA/Examiner, Art Unit 3693
/ELIZABETH H ROSEN/Primary Examiner, Art Unit 3693