DETAILED ACTION
Status of Claims
The present application is being examined under the pre-AIA first to invent provisions. This action is in reply to the remarks and/or arguments filed for Application 18/471,541 filed on 20 January 2026.
Claims 1, 9-12, 18 and 22-24 have been canceled.
Claim 25 has been added.
Claims 2 and 19 have been amended.
Claims 2-8, 13-17, 19-21 and 25 are currently pending and have been examined.
Response to Arguments
A. Claim Objection:
Claims 23 and 24 stand objected to as being directed to an invention that is independent and/or distinct from the invention originally claimed in claims 2-8 and 13-21.
In response, Applicant has canceled claims 23 and 24 which renders the objection moot. Accordingly the objection to the claims is withdrawn.
B. Claim Rejections - 3S U.S.C. § 101:
Claims 2-8, 13-17, 19-21 and 25 stand rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
1. Applicant argues that the pending claims integrate any abstract idea into a practical application and recite eligible subject matter because they involve changes to the architecture and/or operation of a distributed computing system, which is plainly an improvement "in the functioning of a computer, or an improvement to other technology or a technical field.”
The argument is not persuasive, however. The judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A, the additional elements of the claim such as a “trading circle manager”, “circle definition module”, “communication module”, “circle data manager”, “price data monitor”, “processor”, “electronic exchange”, “trading devices”, represent the use of a computer as a tool to perform an abstract idea and/or does no more than generally apply the abstract idea to a particular field of use. Therefore, the additional elements do not integrate the abstract idea into a practical application as they do no more than represent a computer performing functions that correspond to (i.e. automate) implement the acts of facilitating a financial transaction (e.g., developing/calculating market-related trading data – economic practice) between participants (managing interactions between people) while using rules and/or instructions to carry out the steps recited - collecting, retrieving, storing, tracking (monitoring) and transmitting activity data/information over a communications network.
The claim as a whole merely describes how to generally apply the abstract concept identified. The claim recites the additional element – using a computer device to perform the step(s) described. However, the computer device is recited at a high-level of generality and is merely invoked as a tool (intermediary/conduit) to perform the steps recited such that it amounts to no more than mere instructions to apply the exception using a computer-related component. Simply implementing the abstract idea on a computer is not a practical application of the abstract idea. Moreover, nothing in the steps involve an improvement to the conventional functioning of a computer or to any other technology, applying or using a judicial exception with, or, use of a particular machine, effecting a transformation or reduction of a particular article to a different state or thing aside from merely using a computer as a tool to perform an abstract idea while also generally linking the use of the judicial exception to a particular technological environment or field of use. As such, the additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is therefore directed to an abstract idea. The rejection is therefore maintained.
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 2-8, 13-17, 19-21 and 25 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
In the instant case, independent claim 2 is directed towards developing and sharing market-related trading data among a group of participants, involving steps which are nothing more than merely implementing predetermined rules/instructions for receiving/collecting, communicating,/transmitting data/information (market/trade data/information), related to facilitating prioritizing the communication of market/trading activity data/information to members/participants of an affinity group. Claim 2 is directed to the abstract idea of facilitating a financial transaction (e.g., executing a trading transaction – economic practice) between participants (managing interactions between people) while using rules and/or instructions to carry out the steps recited - collecting, retrieving, storing, tracking (monitoring) and transmitting activity data/information over a communications network, which is grouped under the certain methods of organizing human activity – fundamental economic principles, practices or concepts; following set of instructions; commercial or legal interactions (agreements in the form of contracts; business relations); managing personal behavior of relationships or interactions between people (including following rules or instructions) as well as mathematical concepts – mathematical relationships, inasmuch as the claimed method as a whole is directed towards facilitating utilizing a mathematical model to perform calculations utilizing an algorithm, but for the recitation of computer-related components.
Other than the mere nominal recitation of a computer-related device – nothing in the claim element precludes the steps from the organizing human interactions and mathematical concepts groupings grouping, in prong one of step 2A. Accordingly, for these reasons, the claim recites an abstract idea.
Claim 2 recites:
“a first plurality of trading devices in communication with an electronic exchange;
a second plurality of trading devices in communication with the electronic exchange, wherein the electronic exchange is configured to send a message to trading devices in the second plurality of trading devices based on an order from a trading device;
a trading circle manager executing on at least one processor, wherein the trading circle manager includes a circle definition module, a communication module, a circle data manager, and a price data monitor, wherein the trading circle manager is configured to:
track by the circle definition module of the trading circle manager the first plurality of trading devices, wherein the tracking includes associating a first subset of the first plurality of trading devices with a first tradeable object;
receive by the communication module of the trading circle manager first data from a first trading device of the first subset of the first plurality of trading devices for an order of the first trading device sent to the electronic exchange, wherein the order of the first trading device is a new order;
determine by the circle data manager of the trading circle manager, in response to receiving the first data from the first trading device for the order of the first trading device and before the electronic exchange sends the message to the second plurality of trading devices based on the order of the first trading device, that the order of the first trading device is for the first tradeable object, wherein the order of the first trading device is associated with a first quantity at a first price;
aggregate by the price data monitor of the trading circle manager, in response to determining that the order of the first trading device is for the first tradeable object and before the electronic exchange sends the message to the second plurality of trading devices based on the order of the first trading device, the first data for the order of the first trading device and data for orders of other trading devices in the tracked first subset of the first plurality of trading devices to generate aggregated market depth data for the first tradeable object, wherein the aggregated market depth data represents quantities available for the first tradeable object at corresponding price levels, wherein the aggregated market depth data does not include market depth data from the electronic exchange;
extrapolate by the price data monitor of the trading circle manager, in response to aggregating the market depth data for the first tradeable object and before the electronic exchange sends the message to the second plurality of trading devices based on the order of the first trading device, estimated market depth data based on the aggregated market depth data, wherein extrapolating the estimated market depth data includes:
determining a percentage of the market associated with the aggregated market depth data; and
calculating the estimated market depth data by applying the determined percentage to the aggregated market depth data;
generate by the price data monitor of the trading circle manager, in response to aggregating the market depth data for the first tradeable object and before the electronic exchange sends the message to the second plurality of trading devices based on the order of the first trading device, a generated message including the estimated market depth data; and
send by the communication module of the trading circle manager the generated message including the estimated market depth data to the tracked first subset of the first plurality of trading devices, wherein the estimated market depth data is provided to the trading devices of the first subset of the first plurality of trading devices after the order of the first trading device is sent to the electronic exchange, wherein the estimated market depth data is provided to the tracked first subset of the first plurality of trading devices before the electronic exchange sends the message to the second plurality of trading devices based on the order of the first trading device, wherein a second trading device in the tracked first subset of the first plurality of trading devices a second order to the electronic exchange based on the estimated market depth data before the electronic exchange sends the message to the second plurality of trading devices based on the order of the first trading device.”
Based on the underlined elements above, abstract ideas and/or concepts are identified.
Accordingly, the claim recites an abstract idea.
Managing trading-related activity data/information is a basic economic practice and, thus, an abstract idea (Alice Coro. Pty. Ltd. v. CLS Bank Int’l, Bilski v. Kappos, BuySAFE Inc., v. Google Inc., Ultramercial Inc., v. Hulu, LLC). Because the claim is directed to the performance of financial transactions, it is thus directed to an abstract idea. See Manual of Patent Examining Procedure (“MPEP”) § 2106.04(a)(2)(I)(A).
Using rules and instructions to facilitate an interaction between members of a group comprising the steps of receiving/collecting, aggregating communicating/transmitting data/information (market/trade data/information), according to rules/instructions established between members of an organization associated with a commercial-related transaction (e.g., market trading) falls within the certain methods of organizing human activity grouping of abstract ideas. Other than the mere nominal recitation of a computer device –nothing in the claim element precludes the steps from the organizing human interactions grouping. Accordingly, for these reasons, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A, the additional elements of the claim such as a “trading circle manager”, “circle definition module”, “communication module”, “circle data manager”, “price data monitor”, “processor”, “electronic exchange”, “trading devices”, represent the use of a computer as a tool to perform an abstract idea and/or does no more than generally apply the abstract idea to a particular field of use. Therefore, the additional elements do not integrate the abstract idea into a practical application as they do no more than represent a computer performing functions that correspond to (i.e. automate) implement the acts of facilitating a commercial-related transaction (e.g., executing a trading transaction – economic practice) between participants (managing interactions between people) while using rules and/or instructions to carry out the steps recited - collecting, retrieving, storing, tracking (monitoring) and transmitting activity data/information over a communications network.
When analyzed under step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception itself. Viewed as a whole, the combination of elements recited in the claims merely describe the concept of facilitating a commercial-related transaction (e.g., executing a trading transaction – economic practice) between participants (managing interactions between people) while using rules and/or instructions to carry out the steps recited - collecting, retrieving, storing, tracking (monitoring) and transmitting activity data/information over a communications network using computer computer-related technology and/or devices that merely perform as designed to function.. Therefore, the use of these additional elements does no more than employ a computer as a tool to automate and/or implement the abstract idea, which cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)).
In the instant case, independent claim 25 is directed towards developing and sharing market-related trading data among a group of participants, involving steps which are nothing more than merely implementing predetermined rules/instructions for receiving/collecting, communicating,/transmitting data/information (market/trade data/information), related to facilitating prioritizing the communication of market/trading activity data/information to members/participants of an affinity group. Claim 25 is directed to the abstract idea of facilitating a financial transaction (e.g., executing a trading transaction – economic practice) between participants (managing interactions between people) while using rules and/or instructions to carry out the steps recited - collecting, retrieving, storing, tracking (monitoring) and transmitting activity data/information over a communications network, which is grouped under the certain methods of organizing human activity – fundamental economic principles, practices or concepts; following set of instructions; commercial or legal interactions (agreements in the form of contracts; business relations); managing personal behavior of relationships or interactions between people (including following rules or instructions) as well as mathematical concepts – mathematical relationships, inasmuch as the claimed method as a whole is directed towards facilitating utilizing a mathematical model to perform calculations utilizing an algorithm, but for the recitation of computer-related components.
Other than the mere nominal recitation of a computer-related device – nothing in the claim element precludes the steps from the organizing human interactions and mathematical concepts groupings grouping, in prong one of step 2A. Accordingly, for these reasons, the claim recites an abstract idea.
Claim 25 recites:
“a first plurality of devices in communication with a server;
a second plurality of devices in communication with the server, wherein the server is configured to send a message to devices in the second plurality of devices based on a message from a device;
a circle manager executing on at least one processor, wherein the circle manager includes a circle definition module, a communication module, a circle data manager, and a circle data monitor, wherein the circle manager is configured to:
track by the circle definition module of the circle manager the first plurality of devices, wherein the tracking includes associating a first subset of the first plurality of devices with a first object;
receive by the communication module of the circle manager first data from a first device of the first subset of the first plurality of devices for a first message sent by the first device sent to the server;
determine by the circle data manager of the circle manager, in response to receiving the first data from the first device and before the server sends the message to the second plurality of devices based on the first message of the first device, that the first message of the first device is for the first object, wherein the first message of the first device is associated with a first parameter and a corresponding second parameter;
aggregate by the circle data monitor of the circle manager, in response to determining that the first message of the first device is for the first object and before the server sends the message to the second plurality of devices based on the first message of the first device, the first data for the first message of the first device and data for messages of other devices in the tracked first subset of the first plurality of devices to generate aggregated data for the first object, wherein the aggregated data is based on first parameter values for the first object at corresponding second parameter values, wherein the aggregated data does not include data from the server;
extrapolate by the circle data monitor of the circle manager, in response to aggregating the data for the first object and before the server sends the message to the second plurality of devices based on the first message of the first device, estimated data based on the aggregated data, wherein extrapolating the estimated data includes:
determining a percentage associated with the aggregated data; and
calculating the estimated data by applying the determined percentage to the aggregated data;
generate by the circle data monitor of the circle manager, in response to aggregating the data for the first object and before the server sends the message to the second plurality of devices based on the first message of the first device, a generated message including the estimated data; and
send by the communication module of the circle manager the generated message including the estimated data to the tracked first subset of the first plurality of devices, wherein the estimated data is provided to the devices of the first subset of the first plurality of devices after the first message of the first device is sent to the server, wherein the estimated data is provided to the tracked first subset of the first plurality of devices before the server sends the message to the second plurality of devices based on the first message of the first device, wherein a second device in the tracked first subset of the first plurality of devices a second message to the server based on the estimated data before the server sends the message to the second plurality of devices based on the first message of the first device.”
Based on the underlined elements above, abstract ideas and/or concepts are identified.
Accordingly, the claim recites an abstract idea.
Managing trading-related activity data/information is a basic economic practice and, thus, an abstract idea (Alice Coro. Pty. Ltd. v. CLS Bank Int’l, Bilski v. Kappos, BuySAFE Inc., v. Google Inc., Ultramercial Inc., v. Hulu, LLC). Because the claim is directed to the performance of financial transactions, it is thus directed to an abstract idea. See Manual of Patent Examining Procedure (“MPEP”) § 2106.04(a)(2)(I)(A).
Using rules and instructions to facilitate an interaction between members of a group comprising the steps of receiving/collecting, aggregating communicating/transmitting data/information (market/trade data/information), according to rules/instructions established between members of an organization associated with a commercial-related transaction (e.g., market trading) falls within the certain methods of organizing human activity grouping of abstract ideas. Other than the mere nominal recitation of a computer device –nothing in the claim element precludes the steps from the organizing human interactions grouping. Accordingly, for these reasons, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A, the additional elements of the claim such as a “trading circle manager”, “circle definition module”, “communication module”, “circle data manager”, “price data monitor”, “processor”, “electronic exchange”, “trading devices”, represent the use of a computer as a tool to perform an abstract idea and/or does no more than generally apply the abstract idea to a particular field of use. Therefore, the additional elements do not integrate the abstract idea into a practical application as they do no more than represent a computer performing functions that correspond to (i.e. automate) implement the acts of facilitating a commercial-related transaction (e.g., executing a trading transaction – economic practice) between participants (managing interactions between people) while using rules and/or instructions to carry out the steps recited - collecting, retrieving, storing, tracking (monitoring) and transmitting activity data/information over a communications network.
When analyzed under step 2B, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception itself. Viewed as a whole, the combination of elements recited in the claims merely describe the concept of facilitating a commercial-related transaction (e.g., executing a trading transaction – economic practice) between participants (managing interactions between people) while using rules and/or instructions to carry out the steps recited - collecting, retrieving, storing, tracking (monitoring) and transmitting activity data/information over a communications network using computer computer-related technology and/or devices that merely perform as designed to function.. Therefore, the use of these additional elements does no more than employ a computer as a tool to automate and/or implement the abstract idea, which cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)).
Dependent claims 3-8, 13-17, and 19-21 add further details and contain limitations that narrow the scope of the invention. However, these details do not result in significantly more than the abstract idea itself. As explained in the December 16, 2014 Interim Eligibility Guidance from the USPTO (in reference to the BuySAFE, Inc. v. Google, Inc. decision), further narrowing the details of an abstract idea does not change the § 101 analysis since a more narrow abstract idea does not make it any less abstract.
In all the dependent claims, the judicial exception is not integrated into a practical application because the limitations are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using computer-related components. Also the claims do not affect an improvement to another technology or technical field; the claims do not amount to an improvement to the functioning of a computer system itself; the claims do not affect a transformation or reduction of a particular article to a different state or thing; and the claims do not move beyond a general link of the use of an abstract idea to a particular technological environment. In addition, the dependent claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claims as a whole, do not amount to significantly more than the abstract idea itself. For these reasons, the dependent claims also are not patent eligible.
Viewed individually and in combination, these additional elements do not provide meaningful limitations to transform the abstract idea such that the claims amount to significantly more than the abstraction itself.
Accordingly, the present pending claims are not patent eligible and are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Conclusion
The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure.
Silverman et al. (US 2005/0273424 A1) discloses a method and system for a pre-trade analysis of a desired securities order, the method including, in some embodiments, receiving user input that indicates a desired securities order to evaluate, identifying a desired level of risk to associate with the desired securities order to evaluate, analyzing the desired securities order based on the desired level
of risk using at least one of a plurality of securities trading algorithms, and displaying an information screen depicting information associated with the desired securities order based on the analyzing, wherein the information screen provides a graphical representation of the analysis prior to an execution of the desired securities order.
Naylor et al. (US 2002/0143689 A1) discloses a trade aggregation system. Naylor further discloses whereby high volumes of related commodities or securities trades with a brokerage firm's clients may be processed by the firm's back office systems. The system includes a firm account processor and a wash account processor which combine all characteristically similar trades with the same counterparty into a discrete aggregate trades. The firm and wash account processor calculates the quantity and proceeds of the aggregate trades from the sum of the quantities and proceeds of characteristically similar related trades which make up the aggregate trades. The prices of the aggregate trades are computed as the average price of all of their related trades. The wash account processor transmits information concerning any aggregate trades and unaggregated trades to the firm's back office systems for settlement as individual trades with each individual counterparty.
Claims 2-8, 13-17, 19-21 and 25 are rejected.
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 Clifford Madamba whose telephone number is 571-270-1239. The examiner can normally be reached on Mon-Thu 7:30-5:00 EST Alternate Fridays.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan Donlon, can be reached at 571-272-3602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CLIFFORD B MADAMBA/Primary Examiner, Art Unit 3692