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 on February 23, 2026. 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and the fee set forth in 37 CFR § 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR § 1.114.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 February 23, 2026 has been entered.
Status of the Application
This office action is prepared in response to claim amendments and Remarks submitted by Applicant on March 2, 2026 relating to U.S. Patent Application No. 18/370,852 filed on September 20, 2023, which is a Continuation-in-Part of Application 17/948,156, filed on Sep. 19, 2022 and has Provisional Application 63/408,425 filed on September 20, 2022. Applicant has amended Claims 1-21, 24, 26 and 28. Claims 22, 23 and 25 have been cancelled. Applicant has submitted amendments to the Specification and to the Drawings. No new matter has been added. The amendments have been entered. Claims 1-21, 24, and 26-28 are pending and have been examined. This action is non-final.
Response to Arguments
The Remarks submitted by Applicant on February 23, 2026 have been fully considered, however, are not persuasive.
Applicant has not provided Remarks with respect to the Section 112(b) Rejection. Although Applicant has amended independent Claim 14, the amendments do not remedy the antecedent basis issue relating to “the computer system” limitation. In addition, there is a new antecedent basis issue with respect to “the visual interface” limitation. (See the Section 112(b) rejection below). The Section 112(b) Rejection is maintained.
With respect to the Section 101 Rejection, Applicant asserts that the amended independent claims do not recite a judicial exception and instead a process a process that belongs to a very specialized computing domain, such as the domain relating to content rendering on computer screens in general, and a display of on-screen graphical content that is part of a particular digital dynamic interface. (Remarks, pp. 3-5). Examiner respectfully disagrees. Although Applicant has amended the independent claims and replaced “tradable assets” with “categories of content” and “trading momentum value” with “momentum value”, the Specification (Paragraph 36) discloses that the different categories of content displayed by the computing system include a plurality of different tradable assets. (See also invention title: “Real-Time Equity Monitoring System, Process And Interface” and Abstract). Thus, the information provided to the user about a selected financial asset can inform the user with respect to taking, or not taking an action, related to the asset that can affect the user’s financial risk and falls within the category of fundamental economic principles including mitigation of risk. Applicant has previously acknowledged that the claimed subject matter may be used to mitigate risk even though the claims do not recite mitigating risk. (Remarks, 7/30/2025, p. 10). It is not necessary that the claims actually recite “mitigating risk” to fall within the category. Applicant also cites to Example 37 to support amended Claim 1 being patent eligible as it is directed to an improvement to existing computer technology or to the digital interface technology of a display of on-screen graphical content that is part of a particular digital dynamic interface. (Remarks, p. 6). Examiner respectfully disagrees. The additional elements recited in the independent claims are recited at a high level of generality and are used as tools to implement the abstract idea. They do not provide improvements to the functioning of a computer or to technology or to a technical field. Applicant does not cite to the Specification to provide support for any asserted technical improvement over the prior art. They do not integrate the abstract idea into a practical application or provide significantly more. (See Section 101 Rejection below). The Section 101 Rejection is maintained.
Claim Objections
Claim 2 is objected to because of the following informality:
Claim 2 recites in pertinent part: “… and the the node has a color based, at least in part, on the fourth characteristic.” There appears to be a typographical error as the limitation should recite: “… and the node has a color based, at least in part, on the fourth characteristic.”
Appropriate correction is required.
Claim Rejections - 35 U.S.C. § 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, 24, and 26-28 are rejected pursuant to 35 USC § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 - Statutory Class
Claims 1-13, 24 and 26-28 are directed to a method. Claims 14-21 are directed to a non-transitory computer readable medium for storing instructions. Therefore, on its face, each of the claims is directed to a statutory class of invention.
Step 2A, Prong 1 – Abstract Idea
Claim 14 recites receive from a user, selection of a plurality of one or more categories of content, receive data for each of the one or more categories of content; generate a node for each category of content in the one or more categories of content based on the received data for each category of content, wherein each node includes: a first characteristic indicative of a volume relative to the categories of content, and a second characteristic indicative of a momentum value; and generate a common display region, wherein the node is positioned within the common display region according to the first and second characteristics, the node comprises one or more graphical aspects that correspond to respective real-time metrics, and facilitate a continual application of one or more threshold-based behavioral rules to update the one or more graphical aspects of the node. The abstract idea recited by Claim 14 involves continually receiving, updating and displaying information and values about various categories of content. Insofar as the Specification (Paragraph 36) discloses that the different categories of content displayed by the computing system include a plurality of different tradable assets, the abstract idea recited by Claim 14 amounts to fundamental economic principles including mitigation of risk under Certain Methods of Organizing Human Activity enumerated in MPEP 2106.04(a). Claim 1 also recites the same abstract idea.
Step 2A, Prong 2 – Practical Application
Claim 14 recites a non-transitory computer readable medium for storing instructions, the computing system, one or more processors, a network interface, a computer network and the visual interface. The additional elements are recited at a high level of generality and are used as tools to implement the abstract idea. They do not integrate the abstract idea into a practical application. They do not provide improvements to the functioning of a computer or to technology or a technical field. The claims do not invoke a particular machine as our guidance is clear that a generic computer is not the particular machine envisioned, they do not transform matter as they only manipulate data which is not matter.
Step 2B – Significantly more
As set forth in the discussion in Step 2A, Prong 2, above, the additional elements are recited at a high level of generality and are used as tools to implement the abstract idea. They do not integrate the abstract idea into a practical application or add significantly more to the abstract idea.
Dependent claims
Claims 2 (the node further includes a third characteristic indicative of a quantity change, and a fourth characteristic indicative of a recommended action; and generating the digital dynamic interface, the node has a size based, at least in part, on the third characteristic, and the the node has a color based, at least in part, on the fourth characteristic), Claim 3 (generating, with the computing system, a connection indicator between a particular node of a user-selected category of content and one or more nodes of one or more related categories of content, wherein the connection indicator is displayed on the digital dynamic interface) Claim 4 (the connection indicator is based, at least in part, on the user-selected category of content and the one or more related categories of content being within an economic and/or non-economic industry), Claim 5 (the economic industry and/or non-economic industry comprises at least one of: aerospace, asset management, banking, consumer electronics, credit services, drug manufacturing, electrical equipment, multimedia, engineering, construction, or any combination thereof), Claim 6 (the connection indicator is based, at least in part, on the user-selected category of content and the one or more categories of content being within an economic sector and/or non-economic sector), Claim 7 (the economic sector and/or non-economic sector comprises at least one of the following sectors: basic materials, communication services, consumer cyclical, energy, financial services, healthcare, industrials, technology, or any combination thereof), Claim 8 (the third characteristic is based, at least in part, on an initial quantity-type value of the category of content, further wherein the size increases with a positive change in the quantity type value and decreases with a negative change in the quantity type value, and further wherein the color of the node relates to a recommendation type of a plurality of recommendation types), Claim 9 (the angular movement of a node is clockwise when momentum value is positive, and wherein a speed of the angular movement increases with a larger positive momentum value), Claim 10 (the angular movement of a node is counterclockwise when the momentum value is negative, and wherein a speed of the angular movement increases with a larger negative momentum value), Claim 11 (receiving, across a computer network via the network interface, data for one or more content classes, wherein the data is received in real- time; and generating, with the computing system, an on-screen wedge for a particular content class of the one or more content classes based, at least in part, on the data of the one or more content classes, wherein the on-screen digital wedge includes: a third characteristic indicative of a volume relative to the one or more content categories, a fourth characteristic indicative of a recommended action, and a fifth characteristic indicative of a momentum value of categories of content within the content class; wherein the dynamic interface includes: the plurality of concentric wedges arranged within the circular common area, and one or more concentric wedges having an angular movement based, at least in part, on the fifth characteristic of the on-screen digital wedge, the on-screen digital wedge having a color based, at least in part, on the fourth characteristic, and the on-screen digital wedge having a size based, at least in part, on the third characteristic), Claim 12 (the angular movement of the on-screen digital wedge is clockwise when the momentum value of the category of content is positive, and wherein a speed of the angular movement increases with a larger positive momentum value), Claim 13 (the angular movement of the on-screen digital wedge is counterclockwise when the momentum value is negative, and wherein a speed of the angular movement increases with a larger negative trading momentum value), Claim 15 (each node further includes a third characteristic indicative of a quantity change, and a fourth characteristic indicative of a recommended action; and the computer readable medium stores additional instructions that, when executed by the one or more processors, causes the one or more processors to generate the dynamic interface such that each node has a size based on the third characteristic, and each node has a color based on the fourth characteristic), Claim 16 (generate a connection indicator between a node of a user-selected category of content and nodes of one or more related categories of content, wherein the connection indicator is displayed on the dynamic interface), Claim 17 (the connection indicator is based on the user-selected category of content and the one or more related categories of content being within an economic industry, and wherein the economic industry comprises at least one of: aerospace, asset management, banking, consumer electronics, credit services, drug manufacturing, electrical equipment, multimedia, engineering, and construction), Claim 18 (the connection indicator is based on the user-selected category of content and the one or more related categories of content being within the same economic sector, and wherein the economic sector comprises at least one of: basic materials, communication services, consumer cyclical, energy, financial services, healthcare, industrials, and technology), Claim 19 (the third characteristic is based on an initial quantity of the category of content, further wherein the size increases with a positive quantity change and decreases with a negative quantity change, and further wherein the color of the node relates to a recommendation type), Claim 20 (the angular movement of a node is clockwise when trading the momentum value is positive, and the angular movement of a node is counterclockwise when momentum value is negative; and a speed of the angular movement increases with a larger positive momentum value, and the speed of the angular movement increases with a larger negative momentum value), Claim 21 (the dynamic interface includes the node for each category of content located within a circular common area of the dynamic interface, each node has a position between a center of the circular common area and an outer edge of the circular common area, the position based on the first characteristic of each node, and one or more nodes has an angular movement within the circular common area, the angular movement based on the second characteristic), Claim 24 (receiving a request from a third party to follow the portfolio; and providing access to the portfolio to a third party), Claim 26 (generating a leaderboard to display rankings), Claim 27 (the ranking of portfolios is based on average return and/or total portfolio value) and Claim 28 (the dynamic interface includes the node for each category of content located within a circular common area of the dynamic interface, each node has a position between a center of the circular common area and an outer edge of the circular common area, the position based on the first characteristic of each node, and one or more nodes has an angular movement based on the second characteristic) further define and add specificity to the abstract idea. Thus, the dependent claims also fail to add significantly more to the abstract idea.
As such, Claims 1-21, 24, and 26-28 are not patent eligible.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 14-21 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 14 recites in pertinent part: “A non-transitory computer readable medium for storing instructions thereon accessible by one or more processors to cause the one or more processors to: receive, from a user via the computing system, which comprises one or more processors and a network interface, selection of one or more categories of content; …”. There is insufficient antecedent basis for the limitation “the computing system” in the claim.
Claim 14 recites in pertinent part: “… generate, with the computing system, the visual interface comprising a common display region, wherein …”. There is insufficient antecedent basis for the limitation “the visual interface” in the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE PROIOS whose telephone number is (571)272-4573. The examiner can normally be reached M-F 8-5.
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/GEORGE N. PROIOS/Examiner, Art Unit 3694
/BENNETT M SIGMOND/Supervisory Patent Examiner, Art Unit 3694
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