DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/22/2026 has been entered.
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, 7, and 9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (abstract idea) without significantly more.
Under the broadest reasonable interpretation, the following claim terms are presumed to have their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art. MPEP § 2111.
Step 1: Does the Claim Fall within a Statutory Category? (see MPEP 2106.03) Claim 1 recites a system, which is a statutory category of invention (Step 1: YES).
Step 2A, Prong One: Is a Judicial Exception Recited? (see MPEP 2106.04(a)). Yes.
The claim is analyzed to determine whether it is directed to a judicial exception. The following claims identify the limitations that recite additional elements in bold and the abstract idea without bold. Underlined claim limitations that are denote newly added claim limitations:
Claim 1 recites an automatic investment platform service providing system, the system comprising: a storage unit that stores an investor's asset information, said asset information comprising information on assets including cash, stocks, bonds, or cryptocurrency, and the investor's investment propensity; a communication unit that receives real-time price information for each item from an external server; and an analysis unit that analyzes the real-time price information for each item, wherein the real-time price information for each item comprises at least one of a transaction execution price, a sell offer price, and a buy offer price for the item, and the communication unit receives the transaction execution price within 0.01 to 0.1 seconds after a transaction for the item is concluded, receives the sell offer price within 0.01 to 0.1 seconds after a sell offer for the item is made, and receives the buy offer price within 0.01 to 0.1 seconds after a buy offer for the item is made, wherein the storage unit stores at least one of market indicators for each market, index information, information for each item, performance information for each product, news information, and expert information converted into structured data, and also stores chart information for each specific type, the chart information comprising a plurality of predefined stock price graph types including triple top, triple bottom, double top, double bottom, rounding top, rounding bottom, V-shaped top, V-shaped bottom, descending triangle, ascending triangle, descending box, ascending box, symmetric triangle, and broadening triangle, wherein the news information and expert information converted into structured data are converted by the analysis unit by: extracting text included in at least one of news information and expert information, which are unstructured data; performing opinion mining on the extracted text; assigning a numerical score to at least one of the news information and expert information based on the opinion mining result; and performing sentiment analysis on at least one of the news information and expert information, using a machine learning model, wherein the analysis unit is configured to: calculate an appropriate price for each individual item by computing a relative strength based on the structured data and the unstructured data including an analysis result of the real-time price information for each item, and calculating the appropriate price for each individual item using the computed relative strength using at least one of the market indicators for each market, index information, information for each item, performance information for each product, and the news and expert information converted into structured data, and establish a first investment strategy based on the calculated appropriate price and the asset information, wherein the structured data further comprises a market adjustment ratio calculated through artificial intelligence learning based on market data including at least two market indicator data, and an item adjustment ratio calculated through artificial intelligence learning based on individual item data including spot and futures price data of each individual item; establish a second investment strategy based on an appropriate price of an item set to reflect the investor's investment propensity; calculate a predicted stock price for each item using the chart information for each specific type, and establish a third investment strategy that reflects the calculated predicted stock price for each item; compare a stock price graph type included in the chart information for each specific type with a current stock price graph type of a specific stock by pattern-matching the current stock price graph type of the specific stock against the plurality of predefined stock price graph types to expect a future stock price graph of the specific stock, and establish a fourth investment strategy that reflects a predicted stock price for the specific stock using the expected future stock price graph; and select trending themes and trending items using at least one of the market indicators for each market, index information, information for each item, performance information for each product, and the news and expert information converted into structured data, calculate a predicted stock price for each item for the selected trending themes and trending items using the chart information for each specific type, and establish a fifth investment strategy that reflects the calculated predicted stock price for each item, wherein the communication unit is configured to transmits the first investment strategy, the second investment strategy, the third investment strategy, the fourth investment strategy, and the fifth investment strategy to a transaction server by directly delivering a trading order signal of each of the first to fifth investment strategies to a securities company account linked to the transaction server through an application programming interface (API), such that a corresponding trade is concluded automatically without human intervention, wherein the communication unit further receives, from the external server, a transaction execution result according to the trading order of at least one of the first to fifth investment strategies, and the storage unit stores a proportion of the investor's asset, wherein, when the proportion of the investor's asset changes based on the received transaction execution result, the analysis unit establishes, in real time, a follow- up trading strategy so that the changed proportion of the investor's asset corresponds to that of a preset reference asset, and the communication unit transmits the follow-up trading strategy to the transaction server through the application programming interface (API)-linked securities company account such that a corresponding trade is concluded automatically without human intervention, and wherein the follow-up trading strategy comprises a trading order for an item that makes the changed proportion of the investor's asset match that of the preset reference asset, wherein the first investment strategy comprises a trading order that reflects an appropriate price for each individual item, wherein the second investment strategy comprises a trading order that reflects an appropriate price of an item set to reflect the investor's investment propensity, wherein the third investment strategy comprises a trading order that reflects the predicted stock price for each item, wherein the fourth investment strategy comprises a trading order that reflects the predicted stock price for a specific item, and wherein the fifth investment strategy comprises a trading order that reflects the predicted stock price for each item. These limitations, as drafted, under its broadest reasonable interpretation, covers performance via certain methods of organizing human activity, but for the recitation of generic computer components. Under human activity, the limitations are fundamental economic practice. More specifically, under fundamental economic practice, the claims involve mitigating risk. Accordingly, the claim recites an abstract idea. The mere recitation of generic computer components in the claims do not necessarily preclude that claim from reciting an abstract idea. (Step 2A-Prong 1: Yes. 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 above judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of automatic investment platform service providing system, storage unit, communication unit, analysis unit, external server, extracting text, assigning numerical score, opinion mining, sentiment analysis, API, and a transaction server. The additional elements of automatic investment platform service providing system, storage unit, communication unit, analysis unit, external server, API, extracting text, assigning numerical score, opinion mining, sentiment analysis, and a transaction server, are just applying generic computer components to the recited abstract limitations (MPEP 2106.05(f)). The computer components are recited at such a high-level of generality (i.e. as a generic computer components) such that it amounts to no more than mere instructions to apply the exception using generic computer components, and the claims fail to recite technological detail as to how the step of the judicial exception is accomplished. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality. (Step 2A-Prong 2: NO. The judicial exception is not integrated into a practical application).
Step 2B: Does the Claim Provide an Inventive Concept? (see MPEP 2106.05). No.
The claims are next analyzed to determine if there are additional claim limitations that individually, or as an ordered combination, ensure that the claim amounts to significantly more than the abstract ideas (whether claim provides inventive concept). As discussed with respect to Step 2A2 above, the additional elements of (automatic investment platform service providing system, storage unit, communication unit, analysis unit, external server, extracting text, assigning numerical score, opinion mining, sentiment analysis, API, and a transaction server) in the claims amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. Viewing the limitations as an ordered combination does not add anything further than looking at the limitations individually. When viewed either individually, or as an ordered combination, the additional limitations do not amount to a claim as a whole that is significantly more than the abstract idea itself. Therefore, the claims do not amount to significantly more than the recited abstract idea (Step 2B: NO; The claims do not provide significantly more, and are not patent eligible).
Claim 7 recites wherein the storage unit stores at least one of market indicators for each market, index information, information for each item, performance information for each product, news information, and expert information, wherein the analysis unit analyzes at least one of market indicators for each market, index information, information for each item, performance information for each product, news information, and expert information to select a recommended theme, and wherein the communication unit transmits the recommended theme selected by the analysis unit to a user terminal. These limitations are also part of the abstract idea identified in claim 1, and the additional elements of the storage unit, analysis unit, communication unit and user terminal are addressed in the Steps 2A2 and B as just applying generic computer components to the recited abstract limitations (MPEP 2106.05(f)) as in the claim 1 analysis above. Therefore, this claim is similarly rejected under the same rationale as claim 1, supra.
Claim 9:
Step 1: Does the Claim Fall within a Statutory Category? (see MPEP 2106.03) Claim 9 recites a process, which is a statutory category of invention (Step 1: YES).
Step 2A, Prong One: Is a Judicial Exception Recited? (see MPEP 2106.04(a)). Yes.
The claim is analyzed to determine whether it is directed to a judicial exception. The following claims identify the limitations that recite additional elements in bold and the abstract idea without bold. Underlined claim limitations that are denote newly added claim limitations:
Claim 9 recites an automatic investment platform service providing method, the method comprising: storing, by a storage unit, an investor's asset information, said asset information comprising information on assets including cash, stocks, bonds, or cryptocurrency, and the investor's investment propensity; receiving, by a communication unit, real-time price information for each item from an external server, wherein the real-time price information for each item comprises at least one of a transaction execution price, a sell offer price, and a buy offer price for the item, and the receiving comprises receiving the transaction execution price within 0.01 to 0.1 seconds after a transaction for the item is concluded, the sell offer price within 0.01 to 0.1 seconds after a sell offer is made, and the buy offer price within 0.01 to 0.1 seconds after a buy offer is made; and analyzing, by an analysis unit, the real-time price information for each item, wherein the storing further comprises: storing at least one of market indicators for each market, index information, information for each item, performance information for each product, news information, and expert information converted into structured data, and also storing chart information for each specific type, the chart information comprising a plurality of predefined stock price graph types including triple top, triple bottom, double top, double bottom, rounding top, rounding bottom, V-shaped top, V-shaped bottom, descending triangle, ascending triangle, descending box, ascending box, symmetric triangle, and broadening triangle, wherein the analyzing further comprises: converting unstructured data of news information and expert information into structured data by: extracting text included in at least one of news information and expert information; performing opinion mining on the extracted text using a machine learning model; assigning a numerical score to at least one of the news information and expert information based on the opinion mining result; and performing sentiment analysis on at least one of the news information and expert information using a machine learning model; calculating an appropriate price for each individual item by computing a relative strength based on the structured data and the unstructured data including an analysis result of the real-time price information, and calculating the appropriate price using the computed relative strength, wherein the structured data further comprises a market adjustment ratio calculated through artificial intelligence learning based on market data including at least two market indicator data, and an item adjustment ratio calculated through artificial intelligence learning based on individual item data including spot and futures price data of each individual item using at least one of the market indicators for each market, index information, information for each item, performance information for each product, and the news and expert information converted into structured data, and establishing a first investment strategy based on the calculated appropriate price and the asset information; establishing a second investment strategy based on an appropriate price of an item set to reflect the investor's investment propensity; calculating a predicted stock price for each item using the chart information for each specific type, and establishing a third investment strategy that reflects the calculated predicted stock price for each item; comparing a stock price graph type included in the chart information for each specific type with a current stock price graph type of a specific stock by pattern-matching the current stock price graph type against the plurality of predefined stock price graphtypes to expect a future stock price graph of the specific stock, and establishing a fourth investment strategy that reflects a predicted stock price for the specific stock using the expected future stock price graph; and selecting trending themes and trending items using at least one of the market indicators for each market, index information, information for each item, performance information for each product, and the news and expert information converted into structured data, calculating a predicted stock price for each item for the selected trending themes and trending items using the chart information for each specific type, and establishing a fifth investment strategy that reflects the calculated predicted stock price for each item, wherein the method further comprising transmitting, by the communication unit, the first investment strategy, the second investment strategy, the third investment strategy, the fourth investment strategy, and the fifth investment strategy to a transaction server by directly delivering a trading order signal of each strategy to a securities company account linked to the transaction server through an application programming interface (API), such that a corresponding trade is concluded automatically without human intervention; receiving, by the communication unit, from the external server, a transaction execution result according to the trading order of at least one of the first to fifth investment strategies; storing, by the storage unit, a proportion of the investor's asset; establishing, by the analysis unit, when the proportion of the investor's asset changes based on the received transaction execution result, in real time, a follow-up trading strategy so that the changed proportion corresponds to that of a preset reference asset; and transmitting, by the communication unit, the follow-up trading strategy to the transaction server through the API-linked securities company account, wherein the follow- up trading strategy comprises a trading order for an item that makes the changed proportion of the investor's asset match that of the preset reference asset, wherein the first investment strategy comprises a trading order that reflects an appropriate price for each individual wherein the second investment strategy comprises a trading order that reflects an appropriate price of an item set to reflect the investor's investment propensity, wherein the third investment strategy comprises a trading order that reflects the predicted stock price for each item, wherein the fourth investment strategy comprises a trading order that reflects the predicted stock price for a specific item, and wherein the fifth investment strategy comprises a trading order that reflects the predicted stock price for each item. These limitations, as drafted, under its broadest reasonable interpretation, covers performance via certain methods of organizing human activity, but for the recitation of generic computer components. Under human activity, the limitations are fundamental economic practice. More specifically, under fundamental economic practice, the claims involve mitigating risk. Accordingly, the claim recites an abstract idea. The mere recitation of generic computer components in the claims do not necessarily preclude that claim from reciting an abstract idea. (Step 2A-Prong 1: Yes. 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 above judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a storage unit, communication unit, analysis unit, extracting text, opinion mining, assigning numerical score, sentiment analysis, API and transaction server. The additional elements of a storage unit, communication unit, analysis unit, extracting text, opinion mining, assigning numerical score, sentiment analysis, API and transaction server, are just applying generic computer components to the recited abstract limitations (MPEP 2106.05(f)). The computer components are recited at such a high-level of generality (i.e. as a generic computer components) such that it amounts to no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality. (Step 2A-Prong 2: NO. The judicial exception is not integrated into a practical application).
Step 2B: Does the Claim Provide an Inventive Concept? (see MPEP 2106.05). No.
The claims are next analyzed to determine if there are additional claim limitations that individually, or as an ordered combination, ensure that the claim amounts to significantly more than the abstract ideas (whether claim provides inventive concept). As discussed with respect to Step 2A2 above, the additional elements of (a storage unit, communication unit, analysis unit, extracting text, opinion mining, assigning numerical score, sentiment analysis, API and transaction server) in the claims amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. Viewing the limitations as an ordered combination does not add anything further than looking at the limitations individually. When viewed either individually, or as an ordered combination, the additional limitations do not amount to a claim as a whole that is significantly more than the abstract idea itself. Therefore, the claims do not amount to significantly more than the recited abstract idea (Step 2B: NO; The claims do not provide significantly more, and are not patent eligible).
Response to Arguments
Applicant's arguments filed 6/22/2026 have been fully considered but they are not persuasive.
Applicant argues that currently recited claims are not abstract. Examiner disagrees. On pages 10-11, Applicant recites different features of the claims. However, it does not matter how detailed or novel the abstract idea is, it is still abstract. The focus of the claims is not on such an improvement in computers as tools, but on certain independently abstract ideas that use computers as tools. The claims here are not directed to a specific improvement to computer functionality. Rather, they are directed to the use of conventional or generic technology in a well-known environment, without any claim that the invention reflects an inventive solution to any computer specific problem. More specifically, the claims are limited to a business solution to a technical problem, not a technical solution to a technical problem.
Applicant also argues that the currently recited claims are integrated the alleged abstract idea into a practical application. Examiner disagrees. All the recited claim limitations are all recited in an “apply it” fashion. In Enfish, the court evaluated the patent eligibility of claims related to a self-referential database. Id. The court concluded the claims were not directed to an abstract idea, but rather an improvement to computer functionality. In contrast, the current claims are not directed to an improvement to computer functionality and instead merely recite the computer elements at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer component.
Similarly, in DDR Holdings LLC v. Hotels.com, LP, the claims were found eligible as they reflected improvements to the functioning of a computer, i.e. a modification of conventional Internet hyperlink protocol to dynamically produce a dual-source hybrid webpage. In contrast, the current claims do not contain limitations reflective of an improvement to computer functionality and instead merely recite the computer elements at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer component.
Applicant also argues (Para. 11) that Examiner must consider the machine-or-transformation test of Bilski as evidence of “significantly more.” While the machine-or-transformation test is an important clue to eligibility, it should not be used as a separate test for eligibility. MPEP 2106 (I).
Bascom relates to translating \multiple filters attached to client side devices to a single filter on the server side device to filter information request based on requestor’s profile. The steps in the current claim are purely business interaction that can be achieve on a face-to-face level or over the telephone or over generic network environment. This is purely a commercial interaction under the certain methods of organizing human activity.
Conclusion
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/BRANDON M DUCK/Examiner, Art Unit 3693
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