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
This action is in response to the amendment filed on 2/12/2026. Claims 1-3, 7-9, 11-13, 17-19 are pending. Claims 1-3, 7, 9, 11, 13, 17, 19 are amended. No claims have been added. Claims 4-6, 10, 14-16, 20 have been cancelled.
Response to Arguments
Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive. The applicant has argued “It is clear from the amended claims 1 and 11 that the claimed invention is applied to a classified display system that has an electronic device and an application program, where the electronic device executes the computing executable program codes of the application program to achieve classified display. Also, the claimed invention uses the human machine interface to set the time period and the AAG on the basis of the time period, and this setting cannot be achieved by mental process. Furthermore, the claimed invention uses the electronic device to execute the crawler program to monitor and grab real-time trading data by way of live data streaming, which can reach a high and immediate data grabbing speed that is impossible to be achieved by human operation. Therefore, the applicant submits that the claimed invention should be considered using a specific computer and improving the performance of the computer itself. In sum, the claimed invention is not directed to a mental process or a certain method of organizing human activity.” The examiner respectfully disagrees. The use of an electronic device, an application program, and a computer executable code are just limitations that are a generic device or are done on a generic computing device. The use of a computer as a tool to perform the steps of the invention do not make the claim any less abstract. A device that executes the application program merely states that a computer runs the method. The concept of executing a program is a well known function of a computer and would be inherent in any claim that involves running software. The crawler program monitoring and grabbing a trading data via live steaming also does not make the case any less abstract. The concept of a crawler program is merely a program that monitors and collects data which would be data gathering. The crawler is merely a program that collects data. The claim appears to be directed to data analysis, decision making, and information display. The claim analyzes trading behavior to characterize market participants, which is directed to commercial activity.
The applicant has argued “In addition, the amended claims 1 and 11 have further introduced additional elements including: "the electronic device", "the application program recording computer executable program codes", "the crawler program for monitoring and grabbing trading data by way of live data streaming", and "the human machine interface for setting the time period and the AAG". There additional elements are not mere instructions to implement an abstract idea using a computer in its ordinary capacity but integrate a judicial exception into a practical application.” The examiner respectfully disagrees. Specifically, the claims do not improve the functionality of the computer and does not effect a transformation. Although the applicant has amended to claim further computer related elements the claims merely identify the tool that is used to perform the steps of the abstract idea. A computer is a known tool for executing an application program. The crawler merely describes data collection by monitoring and grabbing data. As claimed the crawler technology is not being improved upon. As it is written the crawler is merely grabbing data. The interface is merely receiving user input. The additional elements amount to no more than instructions to implement the abstract idea using generic computer components. The claim does not integrate the judicial exception into a practical application.
The applicant has argued “Furthermore, because of the aforementioned additional elements, the claimed invention can achieve a goal that cannot be achieved by mental process and human operation, which is collecting real-time trading data through a live data streaming manner and dynamically classifying and displaying each and every trading data at different positions and in different patterns on same AAG based on the trading attribute and the trader identity of each trading data. Therefore, these additional elements are significantly more than the judicial exception itself.” The examiner respectfully disagrees. The inability of a human to perform the task at a scale or speed does not make the claim any less abstract. The use of a computer as a tool to perform the steps of the invention is not a technological improvement. The claimed steps of collecting data, analyzing it , classifying it and displaying the results can be performed conceptually in the human mind, even if it is not done quite as quickly. The applicant has not shown that the system itself is technically improved. The additional elements merely implement the abstract idea using generic computer components and perform routine data gathering and display functions. The alleged inability of a human to perform the steps does not amount to significantly more. Applicant’s arguments are not found persuasive. The previous 101 is maintained and updated in view of applicant’s amendments.
Applicant’s arguments, see pg. 12-15 filed 2/12/2026 with respect to the previous 103 rejection have been fully considered and are persuasive in view of applicant’s amendments. The previous 103 rejections have been withdrawn. The most relevant prior art does not specifically teach "the bid-ask price status comprises a target bid price and a target ask price generated at the time when the trading data is completed", "labeling the trading attribute of seller active for the trading data when the trading data is completed at the target bid price and labeling the trading attribute of buyer active for the trading data when the trading data is completed at the target ask price", "the electronic device sets a time period through a human machine interface and sets the AAG based on the time period, wherein a Y-axis of the AAG represents a trading price and an X-axis of the AAG represents a trading volume", "the AAG comprises a time-based vertical base line, a buyer active area at one side of the time-based vertical base line, and a seller active area at another side of the time-based vertical base line, wherein the trading data with the trading attribute of buyer active is displayed at the buyer active area and the trading data with the trading attribute of seller active is displayed at the seller active area", "identifying the trader identity as a major player or a big player when the trading volume is greater than or equal to a first value, identifying the trader identity as an individual player when the trading volume is smaller than a second value, and identifying the trader identity as a middle player when the trading volume is between the first value and the second value, wherein the first value is greater than the second value", "the trading data of different trading identity is respectively displayed by different displaying pattern", "updating a displaying data of the AAG according to the trading attribute and the trading volume of the trading data, wherein the displaying data at least comprises a total trading volume within the time period", and "adjusting a trading volume of a corresponding price based on the trading attribute corresponding to the displaying position of the trading data and the trading identity corresponding to the displaying pattern, updating a length of one of multiple horizontal bars corresponding to the price in a displaying figure of the AAG based on the trading volume of the price". The rejection is not withdrawn due to one claim limitation but the combination of the claimed elements. The previous 103 rejections have been withdrawn.
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, 7-9, 11-13, 17-19 are rejected under 35 USC 101 because the claimed invention is directed to a judicial exception (i.e. abstract idea) without anything significantly more.
Step 1: Claims 1-3, 7-9, are directed to a method and claims 11-13, 17-19 are directed to a system. Therefore, claims 1-3, 7-9, 11-13, 17-19 are directed to patent eligible categories of invention.
Step 2A, Prong 1: Claims 1, 11, recite a classified display method of centralized market activity, which presents specific information, constituting an abstract idea based on “Certain Methods of Organizing Human Activity” related to commercial or legal interactions including advertising, marketing or sales activities or behaviors; business relations. Claim 1 recites abstract limitations including “a) obtaining a trading data; b) confirming a current bid-ask price status, wherein the bid-ask price status comprises a target bid price and a target ask price generated at the time when the trading data is completed; c) labeling a trading attribute for the trading data based on the bid-ask status, comprising labeling the trading attribute of seller active for the trading data when the trading data is completed at the target bid price and labeling the trading attribute of buyer active for the trading data when the trading data is completed at the target ask price; e) identifying a trader identity corresponding to the trading data based on a trading volume of the trading data, comprising identifying the trader identity as a major player or a big player when the trading volume is greater than or equal to a first value, identifying the trader identity as an individual player when the trading volume is smaller than a second value, and identifying the trader identity as a middle player when the trading volume is between the first value and the second value, wherein the first value is greater than the second value; f) deciding a displaying pattern of the trading data in the AAG based on the trader identity, wherein the trading data of different trading identity is respectively displayed by different displaying pattern; g) after the step f), updating a displaying data of the AAG according to the trading attribute and the trading volume of the trading data, wherein the displaying data at least comprises a total trading volume within the time period; and h) after the step f), adjusting a trading volume of a corresponding price based on the trading attribute corresponding to the displaying position of the trading data and the trading identity corresponding to the displaying pattern, updating a length of one of multiple horizontal bars corresponding to the price in a displaying figure of the AAG based on the trading volume of the price.” Claim 11 recites abstract limitations including “create the AAG based on the time period, compute a displaying data and draw a displaying figure of the AAG based on the trading data, and comprises: price monitoring ….to confirm a bid-ask price status when the trading data is completed, wherein the bid-ask price status comprises a target bid price and a target ask price generated at the time when the trading data is completed; trading attribute labeling …to label a trading attribute for the trading data based on the bid-ask price status and decide a displaying position of the trading data in the AAG based on the trading attribute; trader identity identifying… to identify a trader identity corresponding to the trading data based on a trading volume of the trading data and decide a displaying pattern of the trading data in the AAG based on the trader identity, wherein the trader identity identifying module is configured to identify the trader identity as a major player or a big player when the trading volume is greater than or equal to a first value, identify the trader identity as an individual player when the trading volume is smaller than a second value, and identify the trader identity as a middle player when the trading volume is between the first value and the second value, wherein the first value is greater than the second value, and the trader identity identifying module displays the trading data of different trading identity by different displaying pattern; data computation …to update the displaying data based on the trading attribute and the trading volume of the trading data, wherein the displaying data at least comprises a total trading volume within the time period; and drawing …configured to adjust a trading volume of a corresponding price based on the trading attribute corresponding to the displaying position of the trading data and the trading identity corresponding to the displaying pattern, and update a length of one of multiple horizontal bars corresponding to the price in a displaying figure of the AAG based on the trading volume of the price. These limitations, as drafted, is a process that, under its broadest reasonable interpretation, but for the language of “using the at least one processor,” covers an abstract idea but for the recitation of generic computer components. That is, other than reciting a “classified display system,” nothing in the claim elements preclude the steps from being interpreted as an abstract idea. For example, with the exception of the “classified display system” language, the claim steps in the context of the claim encompass an abstract idea directed to a “Mental Process” and “Certain Methods of Organizing Human Activity.”
Dependent claims 2-3, 7-9, 12-13, 17-19 further narrow the abstract idea identified in the independent claims and do not introduce further additional elements for consideration.
Step 2A, Prong 2: Independent claims 1, 11, do not integrate the judicial exception into a practical application. Claim 1 is a method comprising “a classified display system having an electronic device and an application program, the application program recording computer executable program codes, and the electronic device executes the application program to perform the classified display method comprising: a) executing a crawler program to monitor a trading system by the electronic device and grabbing a trading data from the trading system by way of live data streaming;… d) deciding a displaying position of the trading data in an actual activity graph (AAG) based on the trading attribute, wherein the electronic device sets a time period through a human machine interface and sets the AAG based on the time period, wherein a Y-axis of the AAG represents a trading price and an X-axis of the AAG represents a trading volume, the AAG comprises a time-based vertical base line, a buyer active area at one side of the time-based vertical base line, and a seller active area at another side of the time-based vertical base line, wherein the trading data with the trading attribute of buyer active is displayed at the buyer active area and the trading data with the trading attribute of seller active is displayed at the seller active area.” Claim 11 recites additional limitations including “an electronic device and an application program recording computer executable program codes, wherein the electronic device comprises: a wireless transmission unit, configured to connect with the trading system, wherein the electronic device executes a crawler program to monitor the trading system, and grabbing a trading data from the trading system by way or live data streaming; a storing unit, configured to temporarily store the trading data; a human machine interface, configured to set a time period; a displaying unit, configured to display an actual activity graph (AAG) corresponding to the time period; and a processor electrically connected with the wireless transmission unit, the storing unit, the human machine interface, and the displaying unit, configured to execute the application program… wherein the trading attribute labeling module is configured to label the trading attribute of seller active for the trading data when the trading data is completed at the target bid price and label the trading attribute of buyer active for the trading data when the trading data is completed at the target ask price, wherein a Y-axis of the AAG represents a trading price and an X-axis of the AAG represents a trading volume, the AAG comprises a time-based vertical base line, a buyer active area at one side of the time-based vertical base line, and a seller active area at another side of the time-based vertical base line, wherein the trading data with the trading attribute of buyer active is displayed at the buyer active area and the trading data with the trading attribute of seller active is displayed at the seller active area.” Claim 11 further recites the additional elements of “price monitoring module, trading attribute labeling module, trader identity identifying module, a data computation module, a drawing module.” These additional elements are mere instructions to implement an abstract idea using a computer in its ordinary capacity, or merely uses the computer as a tool to perform the identified abstract idea. Use of a computer or other machinery in its ordinary capacity for performing the steps of the abstract idea or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., certain methods of organizing human activity) does not integrate a judicial exception into a practical application. See MPEP 2106.05(f).
Therefore, the additional elements of the independent claims, when considered both individually and in combination, are not sufficient to prove integration into a practical application.
Dependent claims 2-3, 7-9, 12-13, 17-19 further narrow the abstract idea identified in the independent claims and do not introduce further additional elements for consideration, which does not integrate the judicial exception into a practical application.
Therefore, the additional elements of the dependent claims, when considered both individually and in the context of the independent claims, are not sufficient to prove integration into a practical application.
Step 2B: Independent claims 1, 11, do not comprise anything significantly more than the judicial exception. As can be seen above with respect to Step 2A, Prong 2, Claim 1 is a method comprising “a classified display system having an electronic device and an application program, the application program recording computer executable program codes, and the electronic device executes the application program to perform the classified display method comprising: a) executing a crawler program to monitor a trading system by the electronic device and grabbing a trading data from the trading system by way of live data streaming;… d) deciding a displaying position of the trading data in an actual activity graph (AAG) based on the trading attribute, wherein the electronic device sets a time period through a human machine interface and sets the AAG based on the time period, wherein a Y-axis of the AAG represents a trading price and an X-axis of the AAG represents a trading volume, the AAG comprises a time-based vertical base line, a buyer active area at one side of the time-based vertical base line, and a seller active area at another side of the time-based vertical base line, wherein the trading data with the trading attribute of buyer active is displayed at the buyer active area and the trading data with the trading attribute of seller active is displayed at the seller active area.” Claim 11 recites additional limitations including “an electronic device and an application program recording computer executable program codes, wherein the electronic device comprises: a wireless transmission unit, configured to connect with the trading system, wherein the electronic device executes a crawler program to monitor the trading system, and grabbing a trading data from the trading system by way or live data streaming; a storing unit, configured to temporarily store the trading data; a human machine interface, configured to set a time period; a displaying unit, configured to display an actual activity graph (AAG) corresponding to the time period; and a processor electrically connected with the wireless transmission unit, the storing unit, the human machine interface, and the displaying unit, configured to execute the application program… wherein the trading attribute labeling module is configured to label the trading attribute of seller active for the trading data when the trading data is completed at the target bid price and label the trading attribute of buyer active for the trading data when the trading data is completed at the target ask price, wherein a Y-axis of the AAG represents a trading price and an X-axis of the AAG represents a trading volume, the AAG comprises a time-based vertical base line, a buyer active area at one side of the time-based vertical base line, and a seller active area at another side of the time-based vertical base line, wherein the trading data with the trading attribute of buyer active is displayed at the buyer active area and the trading data with the trading attribute of seller active is displayed at the seller active area.” Claim 11 further recites the additional elements of “price monitoring module, trading attribute labeling module, trader identity identifying module, a data computation module, a drawing module.” These additional elements are mere instructions to implement an abstract idea using a computer in its ordinary capacity, or merely uses the computer as a tool to perform the identified abstract idea. Use of a computer or other machinery in its ordinary capacity for performing the steps of the abstract idea or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., certain methods of organizing human activity) is not anything significantly more than the judicial exception. See MPEP 2106.05(f).
The additional elements of the independent claims, when considered both individually and in combination, do not comprise anything significantly more than the judicial exception.
Dependent claims 2-3, 7-9, 12-13, 17-19 further narrow the abstract idea identified in the independent claims and do not introduce further additional elements for consideration, which is not anything significantly more than the judicial exception.
The additional elements of the dependent claims, when considered both individually and in the context of the independent claims, are not anything significantly more than the judicial exception.
Accordingly, claims 1-3, 7-9, 11-13, 17-19 are rejected under 35 USC 101.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 7-9, 11-13, 17-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The applicant has amended the independent claims to include the limitation of adjust[ing] a trading volume of a corresponding price based on the trading attribute corresponding to the displaying position of the trading data and the trading identity corresponding to the displaying pattern, updating a length of one of multiple horizontal bars corresponding to the price in a displaying figure of the AAG based on the trading volume of the price. Although the applicant has support in the originally filed disclosure for multiple horizontal bars sorted according to prices (¶ 75) and a horizontal bar that represents the trading volume (corresponding to the length of the bar), the applicant does not have support in the originally filed disclosure for “updating a length of one of multiple horizontal bars corresponding to the price in a displaying figure of the AAG based on the trading volume of the price” only updating a length of a horizontal bar for trading volume. Appropriate correction is required.
The dependent claims inherit the rejections of the claims from which they depend.
Other pertinent prior art includes DiSalvo (US 20080183639 A1) discloses a real-time monitoring and historical analysis of securities market activity and liquidity flow for several securities simultaneously. Kim (US 20140101023 A1) which discloses providing stock information for recognition of trading mentalities of investors by using information provided on aggressive purchases and aggressive sales for each dynamic bid and ask price unit over a unit of time for securities issues. Buck (US 20150012405 A1) which discloses providing trading interfaces that include trading tools and display market data in a manner which assists traders in quickly reviewing and processing information for the purpose of executing trades. Robertson (US 20020073017 A1) which discloses presenting data and analysis for use in stock market trading.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 JAMIE H AUSTIN whose telephone number is (571)272-7363. The examiner can normally be reached Monday, Tuesday, Thursday, Friday 7am-2pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Epstein can be reached at (571) 270 5389. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMIE H. AUSTIN
Examiner
Art Unit 3625
/JAMIE H AUSTIN/Primary Examiner, Art Unit 3625