DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of the Claims
Claims 2-21 are presented for examination. Applicant filed a request for continued examination (RCE) on 11/21/2025 amending claims 2-5, 11-14, and 20. In light of Applicant's amendments, Examiner has withdrawn: the previous objection of claims 3, 12, and 20; the previous § 112, first paragraph, rejection of claims 5-6 and 14-15; the previous § 101 rejection of claims 2-21; and the previous grounds of § 103 rejection of claims 2-21. Examiner has, however, maintained the previous double patenting rejection of claims 2-21 in the instant Office action. Further, Examiner has established: new objections for claims 2, 11, 13, and 20; and new § 112, second paragraph, rejection for claims 2-21 in the instant Office action.
Examiner's Remarks
Double Patenting Rejection: Applicant argues in page 9 of Applicant's Remarks:
Applicant respectfully submits that the provisional obviousness type double patenting rejection cannot be maintained over the claims as amended.
Examiner respectfully disagrees. Applicant's claim limitations are based on the same subject matter and the same specification as the parent applications. Therefore, Examiner has maintained the previous double patenting rejection of instant claims 2-21.
35 U.S.C. § 101: The newly amended claims 2-21 integrate the recited abstract idea into a practical application based on the following claim limitations found in independent claims 2, 11, and 20, as an ordered combination of steps:
Independent Claim 2:
determining account data for a displayable graphic for an application on a computing device based on an account associated with the application, wherein the displayable graphic is presentable in a portion of a user interface of the computing device, wherein the displayable graphic is selectable to provide at least one of an access to the application or the account data, and wherein the user interface is separate from application interfaces of the application;
automatically modifying an indicator for the displayable graphic based on the account data, wherein the indicator is modified to automatically present a portion of the account data indicating a current status associated with the account based on the account data;
presenting the modified indicator in a portion of the user interface corresponding to the of the computing device using a displayable graphic for the application;
detecting new account data is available for an account accessible via the application on the computing device;
determining that the new account data is associated with a change to the indicator, wherein the change is presentable via the user interface of the computing device using the displayable graphic, and wherein the indicator is further modifiable to present the change corresponding to the new account data via the displayable graphic for the application;
further automatically modifying the indicator to indicate the change based on the new account data; and
dynamically updating the displayable graphic in the portion of the user interface to display the further modified indicator.
Independent Claim 11:
determining account data for a displayable graphic for an application on the computing device system based on an account associated with the application, wherein the displayable graphic is presentable in a portion of a user interface of the computing device system, wherein the displayable graphic is selectable to provide at least one of an access to the application or the account data, and wherein the user interface is separate from application interfaces of the application;
automatically modifying a financial strength indicator for the displayable graphic based on the account data, wherein the financial strength indicator is modified to automatically present a portion of the account data indicating a current status associated with the account based on the account data;
presenting a financial strength indicator in a portion of the user interface corresponding to the of the computing device system using an interface graphic for the application;
receiving an update for the financial strength indicator and comprising new account data presentable via the interface graphic for the application, wherein the financial strength indicator includes a user preference for a presentation of the update in response to a condition associated with an account accessible via the application;
determining a further modification to the financial strength indicator that indicates the update, wherein the further modification is displayable via the interface graphic in the user interface of the computing device system based on the new account data;
further automatically modifying the financial strength indicator to present the update based on the further modification; and
dynamically updating the interface graphic in the portion of the user interface of the computing device system to display the further modified financial strength indicator based on the condition having occurred.
Independent Claim 20:
determining account data for a displayable graphic for an application on a computing device based on an account associated with the application, wherein the displayable graphic is presentable in a portion of a user interface of the computing device, wherein the displayable graphic is selectable to provide at least one of an access to the application or the account data, and wherein the user interface is separate from application interfaces of the application;
automatically modifying a financial indicator for the displayable graphic based on the account data, wherein the financial indicator is modified to automatically present a portion of the account data indicating a current status associated with the account based on the account data;
presenting the financial indicator in a portion of the user interface corresponding to the of the computing device using a graphical notification for the application;
receiving user transaction information associated with an account of a user that is accessible via the application on the computing device;
identifying that the financial indicator is further modifiable to present the user transaction information via a change to the graphical notification associated with the application;
further automatically modifying the financial indicator to indicate the change to the financial indicator based on the user transaction information; and
dynamically updating the graphical notification in the portion of the user interface to display the further modified financial indicator.
Therefore, independent claims 2, 11, and 20, are patent eligible under § 101. Dependent claims 3-10, 11-19, and 21, are patent eligible under § 101 based on their dependency.
35 U.S.C. § 102 and § 103: The prior art reference Ariff (US 2015/0250430 A1) teaches generally a method, a system, and a non-transitory computer-readable medium of a financial strength indicator that may be used with online and mobile payment systems. Another prior art reference Bajgier (US 10,169,812 B1) teaches generally a method, a system, and a non-transitory computer-readable medium of providing financial account information to users Ariff and Bajgier, however, fails to teach – alone or in combination– the following ordered combination of steps found in:
Independent Claim 2:
determining account data for a displayable graphic for an application on a computing device based on an account associated with the application, wherein the displayable graphic is presentable in a portion of a user interface of the computing device, wherein the displayable graphic is selectable to provide at least one of an access to the application or the account data, and wherein the user interface is separate from application interfaces of the application;
automatically modifying an indicator for the displayable graphic based on the account data, wherein the indicator is modified to automatically present a portion of the account data indicating a current status associated with the account based on the account data;
presenting the modified indicator in a portion of the user interface corresponding to the of the computing device using a displayable graphic for the application;
detecting new account data is available for an account accessible via the application on the computing device;
determining that the new account data is associated with a change to the indicator, wherein the change is presentable via the user interface of the computing device using the displayable graphic, and wherein the indicator is further modifiable to present the change corresponding to the new account data via the displayable graphic for the application;
further automatically modifying the indicator to indicate the change based on the new account data; and
dynamically updating the displayable graphic in the portion of the user interface to display the further modified indicator.
Independent Claim 11:
determining account data for a displayable graphic for an application on the computing device system based on an account associated with the application, wherein the displayable graphic is presentable in a portion of a user interface of the computing device system, wherein the displayable graphic is selectable to provide at least one of an access to the application or the account data, and wherein the user interface is separate from application interfaces of the application;
automatically modifying a financial strength indicator for the displayable graphic based on the account data, wherein the financial strength indicator is modified to automatically present a portion of the account data indicating a current status associated with the account based on the account data;
presenting a financial strength indicator in a portion of the user interface corresponding to the of the computing device system using an interface graphic for the application;
receiving an update for the financial strength indicator and comprising new account data presentable via the interface graphic for the application, wherein the financial strength indicator includes a user preference for a presentation of the update in response to a condition associated with an account accessible via the application;
determining a further modification to the financial strength indicator that indicates the update, wherein the further modification is displayable via the interface graphic in the user interface of the computing device system based on the new account data;
further automatically modifying the financial strength indicator to present the update based on the further modification; and
dynamically updating the interface graphic in the portion of the user interface of the computing device system to display the further modified financial strength indicator based on the condition having occurred.
Independent Claim 20:
determining account data for a displayable graphic for an application on a computing device based on an account associated with the application, wherein the displayable graphic is presentable in a portion of a user interface of the computing device, wherein the displayable graphic is selectable to provide at least one of an access to the application or the account data, and wherein the user interface is separate from application interfaces of the application;
automatically modifying a financial indicator for the displayable graphic based on the account data, wherein the financial indicator is modified to automatically present a portion of the account data indicating a current status associated with the account based on the account data;
presenting the financial indicator in a portion of the user interface corresponding to the of the computing device using a graphical notification for the application;
receiving user transaction information associated with an account of a user that is accessible via the application on the computing device;
identifying that the financial indicator is further modifiable to present the user transaction information via a change to the graphical notification associated with the application;
further automatically modifying the financial indicator to indicate the change to the financial indicator based on the user transaction information; and
dynamically updating the graphical notification in the portion of the user interface to display the further modified financial indicator.
Therefore, independent claims 2, 11, and 20, are novel under § 102 and non-obvious under § 103. Dependent claims 3-10, 11-19, and 21, are novel under § 102 and non-obvious under § 103 based on their dependency.
Claim Objections
Claim 2 is objected to because of the following informalities:
presenting the modified indicator in a portion of the user interface corresponding to the of the computing device using a displayable graphic for the application;
detecting new account data is available for an account accessible via the application on the computing device;
There should be definite article “the” in front of “portion,” “displayable graphic,” and “account” because each of them has occurred previously in independent claim 2. Applicant could amend claim 2 to recite:
presenting the modified indicator in [[a]] the portion of the user interface corresponding to the of the computing device using [[a]] the displayable graphic for the application;
detecting new account data is available for [[an]] the account accessible via the application on the computing device;
Claim 11 is objected to because of the following informality:
presenting a financial strength indicator in a portion of the user interface corresponding to the of the computing device system using an interface graphic for the application;
receiving an update for the financial strength indicator and comprising new account data presentable via the interface graphic for the application, wherein the financial strength indicator includes a user preference for a presentation of the update in response to a condition associated with an account accessible via the application;
There should be definite article “the” in front of “financial strength indicator,” “portion,” and “account” because each of them has occurred previously in independent claim 11. Further, the bolded word “and” is not necessary. Applicant could amend claim 11 to recite:
presenting [[a]] the financial strength indicator in [[a]] the portion of the user interface corresponding to the of the computing device system using an interface graphic for the application;
receiving an update for the financial strength indicator [[and]] comprising new account data presentable via the interface graphic for the application, wherein the financial strength indicator includes a user preference for a presentation of the update in response to a condition associated with [[an]] the account accessible via the application;
Claim 13 is objected to because of the following informalities:
. . . wherein the automatically modifying the indicator based on the account data is further based on user preferences for a type of display of the update, a type of the indicator to be displayed, or a display type of the user interface.
There should be words “financial strength” before “indicator.” Applicant could amend claim 13 to recite:
. . . wherein the automatically modifying the financial strength indicator based on the account data is further based on user preferences for a type of display of the update, a type of the financial strength indicator to be displayed, or a display type of the user interface.
Claim 20 is objected to because of the following informalities:
presenting the financial indicator in a portion of the user interface corresponding to the of the computing device using a graphical notification for the application;
receiving user transaction information associated with an account of a user that is accessible via the application on the computing device;
There should be definite article “the” in front of “portion” and “account” because both of them have occurred previously in independent claim 20. Applicant could amend claim 20 to recite:
presenting the financial indicator in [[a]] the portion of the user interface corresponding to the of the computing device using a graphical notification for the application;
receiving user transaction information associated with [[an]] the account of a user that is accessible via the application on the computing device;
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR § 1.321(c) or § 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR § 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2-21 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,810,119 B2; and over claims 1-20 of U.S. Patent No. 11,030,626 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are obvious over the reference claims.
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. § 112:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-21 are rejected under 35 U.S.C. § 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
The following newly amended recitation found in independent claim 2 (and similarly in independent claims 11 and 20) fails to particularly point out and distinctly claim the subject matter which applicant regards as the invention:
presenting the financial indicator in a portion of the user interface corresponding to the [X] of the computing device using a graphical notification for the application;
It is not clear from this recitation what is X in “corresponding to the [X] of the computing device.” Applicant should amend claims 2, 10, and 20, to recite what X is.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Keld (US 9,972,052 B2) discloses: “The invention is directed to a method and system for providing an interface including modular customizable elements for implementation by a system user. The method and system have particular application for financial accounts, such as credit card accounts. The interface may adapt in response to user behaviors. However, the user may also customize features of the interface.”
Maggioncalda (WO 99/30261) discloses: “A user may interactively explore how changes in one or more input decisions affect one or more output values. Two visual indications are concurrently displayed. The first visual indication includes input mechanisms for receiving input decisions, and the second visual indication includes a set of output values that are based upon the input decisions and a recommended set of financial products.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIRPI H. KANERVO whose telephone number is 571-272-9818. The examiner can normally be reached on Monday – Friday, 10 am – 6 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Abhishek Vyas can be reached on 571-270-1836. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIRPI H KANERVO/Primary Examiner, Art Unit 3691