DETAILED ACTION
Status of Application
This action is a Final Rejection. This action is in response to the amendment and response filed on September 15, 2025.
Claims 1 and 7 have been amended.
Claims 4 and 5 have been canceled.
Claims 1-3, 6, and 7 are pending and rejected.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
This application is a continuation-in-part of application number 17/544,619, which is a continuation of provisional application number 63/227,596. Because the claims are not fully supported by the earlier filed applications, this application does not have priority to the earlier filed applications. For example, the last limitation of claim 1 is not supported by the earlier applications. Therefore, the effective filing date of this application is October 10, 2023.
Response to Arguments
Regarding the rejection under 35 U.S.C. 101, Applicant argues that “the addition [of the new limitations to claims 1 and 7] provides an ordered combination that serves to integrate the abstract idea into a practical application. Specifically, the credit and debt information limitation provides concrete limits on how the invention can be practiced and the AI and automatic acceptance limitations are highly technical solutions to a specific technical problem. Namely, they solve the problem of how to rapidly optimize debt reduction for the consumer and debt repayment for the creditor in a complex and constantly changing environment.” Remarks at 8. However, rapidly optimizing debt reduction and repayment provides an improvement to the abstract idea and not to the technology. Here, the technology is being used as a tool to implement this abstract idea.
Applicant further argues that the “subject matter [in claims 1 and 7] has the practical application of centralizing communication in the computer network. The centralized network may dynamically create individual consumer portal accounts for consumers to manage all accounts from unlimited creditors.” Remarks at 9. However, communication between consumers and creditors and account management are abstract ideas. Applicant has not shown that there is any improvement to the computing devices or other technology that is being used to implement this business process. As such, the rejection under 35 U.S.C. 101 is maintained.
The rejection under 35 U.S.C. 112(b) is withdrawn in light of Applicant’s amendments. Additionally, the rejection under 35 U.S.C. 103 has been withdrawn in light of Applicant’s claim amendments. Although individual claim features are known in the art (see previous rejection and cited references below), the combination of claim features was not found to be obvious.
Claim Interpretation
Applicant should be aware that there is claim language that does not serve to differentiate the claims from the prior art and/or provide an additional element that can be a consideration for eligibility1. See MPEP 2103(c).
Contingent Limitations
Contingent limitations are generally not given patentable weight. For example, if a claim states that a step occurs if a condition is met, the broadest reasonable interpretation of the claim does not require that the contingent step occurs because the condition may not be satisfied. System claims differ in that even if a condition that is required to perform a function is not met, the structure for performing the contingent limitation is given patentable weight. See MPEP 2111.04(II); see also Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016).
The following limitations are contingent:
Claim 1: “facilitating an automatic transfer of funds from the consumer to the creditor if the negotiation terms are accepted by the consumer and the creditor” (If the negotiation terms are not accepted by the consumer and the creditor, then “facilitating a transfer” does not occur.)
Intended Use
Intended use language is generally not given patentable weight. See MPEP 2114(II) ("A claim containing a 'recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus’ if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).”); see also MPEP 2103(C). Examples of claim limitations that are often found to precede intended use include “adapted to,” “capable of,” “sufficient to,” “whereby,” and “for.”
The following limitations include intended use limitations:
Claim 3: “displaying an interface for the contributor showing the one or more consumers that are connected to the contributor” (The purpose of displaying the interface is intended use.)
Nonfunctional Descriptive Material
Nonfunctional descriptive material is generally not given patentable weight. See MPEP 2111.05. Any difference related merely to the meaning and information conveyed through labels (i.e., the type of the item) which does not explicitly alter or impact the steps of the method is nonfunctional descriptive material and does not patentably distinguish the claimed invention from the prior art in terms of patentability.
The following limitations include nonfunctional descriptive material:
Claims 1 and 7: “displaying, on an interface of the creditor, the creditor portal account” (The content that is displayed on the interface is nonfunctional descriptive material.)
Claims 1 and 7: “displaying, on an interface of the consumer, the consumer portal account” (The content that is displayed on the interface is nonfunctional descriptive material.)
Claims 1 and 7: “transmitting an alert, in real time, as one or more of an email, displayed notification, SMS message, or push notification, to one or more of the consumers and the creditor notifying that the transfer of funds from the consumer to the creditor is completed.” (The content of the alert is nonfunctional descriptive material.)
Claim 3: “displaying an interface for the contributor showing the one or more consumers that are connected to the contributor” (The content of the interface is nonfunctional descriptive material.)
Claim Objections
Claims 1 and 7 are objected to for the following reason: The second “consolidating” step in claims 1 and 7 refer to “the one or more creditor.” This appears to be a typographical error and “the one or more creditor” should be “the one or more creditors.” Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. § 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-3, 6, and 7 are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Does the Claim Fall within a Statutory Category? (see MPEP 2106.03)
Yes, with respect to claims 1-3 and 6, which recite a method and, therefore, are directed to the statutory class of process.
No, with respect to claim 7, which recites “[a] computer program product for facilitating transactions between creditors and consumers, comprising: a computer-usable medium having a computer-readable program code embodied therein….” The broadest reasonable interpretation of this claim includes signals (signals per se) and/or software (software per se), neither of which fall within a statutory category. To overcome this rejection, Applicant should amend the claim to make it non-transitory.
Step 2A, Prong One: Is a Judicial Exception Recited? (see MPEP 2106.04(a))
The following claims identify the limitations that recite the abstract idea in regular text and that recite additional elements in bold:
1. A method for facilitating transactions between creditors and consumers, comprising:
providing a platform for connecting a plurality of consumers and a plurality of creditors, wherein a consumer of the plurality of consumers is connected to one or more creditors of the plurality of creditors, and a creditor of the plurality of creditors is connected to one or more consumers of the plurality of consumers;
consolidating accounts of the one or more consumers that are connected to the creditor as a creditor portal account, wherein the creditor portal account manages all accounts of the one or more consumers;
consolidating accounts of the one or more creditors that are connected to the consumer as a consumer portal account, wherein the consumer portal account manages all accounts of the one or more creditor;
displaying, on an interface of the creditor, the creditor portal account;
displaying, on an interface of the consumer, the consumer portal account;
communicating one or more negotiation offers between the creditor and the consumer, via the creditor portal account and the consumer portal account on the interfaces displayed to the creditor and the consumer, the one or more negotiation offers having negotiation terms;
modifying the negotiation terms after the negotiation terms are not accepted by the consumer based on one or more modifications proposed by the consumer;
facilitating an automatic transfer of funds from the consumer to the creditor if the negotiation terms are accepted by the consumer and the creditor; and
transmitting an alert, in real time, as one or more of an email, displayed notification, SMS message, or push notification, to one or more of the consumers and the creditor notifying that the transfer of funds from the consumer to the creditor is completed;
wherein the platform for connecting the plurality of consumers and the plurality of creditors automatically generates the negotiation offer based on at least creditor information and debt information, the negotiation offer comprising at least one payment, the creditor information and debt information comprising at least one of payment start timeline information, payment end timeline information, information on whether each payment of the negotiation offer is above a threshold, and information on whether each payment of the negotiation offer is above a percentage of a total debt;
wherein the negotiation offer is determined using Al and/or ML; and
wherein the negotiation offer is automatically accepted after it falls within pre-determined parameters.
2. The method of claim 1, further comprising:
providing a cryptocurrency wallet for the consumer;
sending a cryptocurrency reward to the consumer upon the transfer of funds from the consumer to the creditor.
3. The method of claim 1, further comprising:
providing a platform for connecting a plurality of consumers and a plurality of contributors, wherein a consumer of the plurality of consumers is connected to one or more contributors of the plurality of contributors, and a contributor of the plurality of contributors is connected to one or more consumers of the plurality of consumers;
providing a cryptocurrency wallet for the consumer;
displaying an interface for the contributor showing the one or more consumers that are connected to the contributor;
facilitating a transfer of funds from the contributor to the consumer, wherein the funds are only further transferrable from the consumer to the creditor.
6. The method of claim 1, further comprising automatically adjusting a calendar or other time-keeping service on at least one of a device associated with the consumer or a device associated with the creditor with details of the negotiation offer.
7. A computer program product for facilitating transactions between creditors and consumers, comprising:
a computer-usable medium having a computer-readable program code embodied therein, said computer readable program code adapted to execute the steps of:
providing a platform for connecting a plurality of consumers and a plurality of creditors, wherein a consumer of the plurality of consumers is connected to one or more creditors of the plurality of creditors, and a creditor of the plurality of creditors is connected to one or more consumers of the plurality of consumers;
consolidating accounts of the one or more consumers that are connected to the creditor, as a creditor portal account, wherein the creditor portal account manages all accounts of the one or more consumers;
consolidating accounts of the one or more creditors that are connected to the consumer, as a consumer portal account, wherein the consumer portal account manages all accounts of the one or more creditor;
displaying, on an interface of the creditor, the creditor portal account;
displaying, on an interface of the consumer, the consumer portal account;
communicating one or more negotiation offers between the creditor and the consumer, via the creditor portal account and the consumer portal account on the interfaces displayed to the creditor and the consumer, the one or more negotiation offers having negotiation terms;
modifying the negotiation terms after the negotiation terms are not accepted by the consumer based on one or more modifications proposed by the consumer;
facilitating an automatic transfer of funds from the consumer to the creditor if the negotiation terms are accepted by the consumer and the creditor; and
transmitting an alert in real time, as one or more of an email, displayed notification, SMS message, or push notification, to one or more of the consumers and the creditor with a notification that the transfer of funds from the consumer to the creditor is completed;
wherein the platform for connecting the plurality of consumers and the plurality of creditors automatically generates the negotiation offer based on at least creditor information and debt information, the negotiation offer comprising at least one payment, the creditor information and debt information comprising at least one of payment start timeline information, payment end timeline information, information on whether each payment of the negotiation offer is above a threshold, and information on whether each payment of the negotiation offer is above a percentage of a total debt;
wherein the negotiation offer is determined using AI and/or ML; and
wherein the negotiation offer is automatically accepted after it falls within pre-determined parameters.
Yes. But for the recited additional elements as shown above in bold, the remaining limitations of the claims recite certain methods of organizing human activity. The claims are directed to a method and computer program for facilitating transactions between creditors and consumers. This type of method of organizing human activity is a fundamental economic practice because it includes debts and payments or a commercial interaction such as sales activities or business relations. Thus, the claims recite an abstract idea.
Step 2A, Prong Two: Is the Abstract Idea Integrated into a Practical Application? (see MPEP 2106.04(d))
No. The claims as a whole merely use a computer as a tool to perform the abstract idea. The computing components (i.e., additional elements that are in bold above) are recited at a high level of generality and are merely invoked as a tool to implement the steps. For example, only one or more programmed general purpose computing devices are needed to implement the platform and claimed process. Additionally, the references to cryptocurrency, cryptocurrency wallets, AI, and ML are at a high level. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Additionally, there is no improvement to the functioning of a computer or technology. Therefore, the abstract idea is not integrated into a practical application.
Step 2B: Does the Claim Provide an Inventive Concept? (see MPEP 2106.05)
No. As discussed with respect to Step 2A, Prong 2, the additional elements in the claims, both individually and in combination, amount to no more than tools to perform the abstract idea. Merely performing the abstract idea using a computer cannot provide an inventive concept. Therefore, the claims do not provide an inventive concept.
As such, the claims are not patent eligible.
Relevant Prior Art
The following references are relevant to Applicant’s invention:
Wolfe et al., U.S. Patent Number 11,094008 B2. Wolfe teaches debt resolution planning.
Borovyk et al., U.S. Patent Application Publication Number 2021/0209678 A1. Borovyk teaches an invention for facilitating financial operations between creditors and borrowers.
Yen et al., U.S. Patent Application Publication Number 2019/0156415 A1. Yen teaches a fund transaction platform.
Rice et al., U.S. Patent Application Publication Number 2011/0295739 A1. Rice teaches bankruptcy payment and debt tracking.
Smith et al., U.S. Patent Application Publication Number 2013/0080320 A1. Smith teaches an interface for displaying to a customer past due amounts on at least one loan account. See Figure 3A and associated text.
Bartmann, U.S. Patent Application Publication Number 2015/0149339 A1. Bartmann teaches a platform for allowing debtors to communicate with debt collectors through a secure electronic portal.
Dancel, U.S. Patent Application Publication Number 2014/0279329 A1. This reference teaches debt-extinguishment. See paragraph 0036 (“SmartOffer--this functionality allows creditors to provide settlement rules/instructions to debt settlement companies for the purpose of establishing customized settlement terms. Debts that are matched via DebtTracker will be processed per the processing instruction and if qualified, be submitted onto the Creditor Portal. The creditors can also provide their requested settlement amount (or parameters), at the debt level, to the system when they upload the matched debts (e.g. 45% settlement over 6 payment terms with at least $25 for each payment except the last--the first payment must be delivered before the end of the month). For settlement companies that participate in SmartOffer, the system will automatically review all their matched debts and generate an offer for the creditor to approve if both sets of conditions are met: 1) there is sufficient escrow in the client's account to meet the requested settlement parameters, and 2) the settlement parameters requested are within the threshold previously defined by the settlement companies.”).
Passero et al., U.S. Patent Application Publication Number 2011/0119169 A1. This reference teaches a method for facilitating a settlement negotiation of a debt between a debtor and a creditor. See Figure 4 and associated text.
Conclusion
THIS ACTION IS MADE FINAL. 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH H ROSEN whose telephone number is (571) 270-1850 and email address is elizabeth.rosen@uspto.gov. The examiner can normally be reached Monday - Friday, 10 AM ET - 7 PM ET.
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/ELIZABETH H ROSEN/Primary Examiner, 3693
1 See MPEP 2106.04(d)(2) (“Examiners should keep in mind that in order to qualify as a "treatment" or "prophylaxis" limitation for purposes of this consideration, the claim limitation in question must affirmatively recite an action that effects a particular treatment or prophylaxis for a disease or medical condition. An example of such a limitation is a step of "administering amazonic acid to a patient" or a step of "administering a course of plasmapheresis to a patient." If the limitation does not actually provide a treatment or prophylaxis, e.g., it is merely an intended use of the claimed invention or a field of use limitation, then it cannot integrate a judicial exception under the "treatment or prophylaxis" consideration. For example, a step of "prescribing a topical steroid to a patient with eczema" is not a positive limitation because it does not require that the steroid actually be used by or on the patient, and a recitation that a claimed product is a "pharmaceutical composition" or that a "feed dispenser is operable to dispense a mineral supplement" are not affirmative limitations because they are merely indicating how the claimed invention might be used.”)