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 of Claims
This action is in reply to the Applicant Response filed on 12/29/2025.
Claims 1, 4-13, 16-23 have been amended and are hereby entered.
Claims 1, 4-13, 16-24 are currently pending and have been examined.
This action is made FINAL.
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, 4-13, and 16-24 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). Claim 13 recites an apparatus, 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 claims are 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 denote newly added claim limitations:
Claim 1 recites a method of supporting a transaction of unlisted stocks, comprising steps of:(a) determining, by an unlisted stock transaction server, a reference price of an unlisted stock of an unlisted company;(b) setting, by the unlisted stock transaction server, limitation conditions for both buy orders and sell orders corresponding to the unlisted stock by referring to the specific reference price of the unlisted stock; and(c) (i) on condition that a lower limit of a range of desired bid prices to be included in the buy orders of the unlisted stock has been downwardly bounded defined based in part on the reference price according to a first limitation condition among the limitation conditions, acquiring, by the unlisted stock transaction server, at least one a first buy order including at least one desired bid price and (ii) on condition that an upper limit of a range of desired ask prices to be included in the sell orders of the unlisted stock has been defined based in part on the specific reference price according to a second limitation condition among the limitation conditions, acquiring, by the unlisted stock transaction server, a first sell order including at least one desired ask price: and (d) causing, by the unlisted stock transaction server, a transaction of the unlisted stock by matching a first desired bid quantity included in the first buy order with a first desired ask quantity included in the first sell order, wherein, at the step of (a), the reference price is determined by referring to at least part of (i) past investment information which includes one or more investments received by the unlisted company. (ii) expected investment information which includes one or more investments expected to be received by the unlisted company. (iii) other past investment information which includes one or more investments received by one or more other unlisted companies in a same industry as the unlisted company. (iv) other expected investment information which includes one or more investments expected to be received by the one or more other unlisted companies in the same industry as the unlisted company. (v) market capitalization of one or more other listed companies in the same industry as the unlisted company, and (vi) a company evaluation result of the unlisted company conducted by an accounting firm or gathered based on a guideline provided by a government body, and wherein, at the step of (a). the past investment information is determined by referring to at least part of first past investment information to n-th past investment information, and is correlated with a first past weight to an n-th past weight corresponding to the first past investment information to the n-th past investment information, wherein the expected investment information is determined by referring to at least part of the first past investment information to the n-th past investment information and first past investment time information to n-th past investment time information corresponding to the first past investment information to the n-th past investment information, and is correlated with the first past weight to the n-th past weight corresponding to the first past investment information to the n-th past investment information, wherein said other past investment information is determined by referring to at least part offirst other past investment information to m-th other past investment information, which arein chronological order, and is correlated with a first other past weight to an m-th other past weight corresponding to the first other past investment information to the m-th other past investment information, and wherein said other expected investment information is determined by referring to at least part of the first other past investment information to the m-th other past investment information and first other past investment time information to m-th other past investment time information corresponding to the first other past investment information to them-th other past investment information, and is correlated with the first other past weight to the m-th other past weight corresponding to the first other past investment information to the m-th other past investment information. 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 transactions. The claims are also commercial interactions, such as sales activities and business relations, as well as managing interactions between people, such as following instructions. 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 an unlisted stock transaction server. The additional elements of an unlisted stock 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 (unlisted stock 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 4 recites wherein, at the step of (c), the specific unlisted stock is allowed to be transacted by matching at least part of a desired bid quantity included in the first buy order with at least part of a desired ask quantity included in the specific first sell order, wherein, in case the unlisted stock is allowed to be transacted under a first mode which does not require a quantity match between the desired bid quantity and the desired ask quantity, the unlisted stock transaction server operates under one of a (1_1)- st mode in which the specific first sell order is acquired while only the first buy order exists, a (1_2)-nd mode in which the first buy order is acquired while only the first sell order exists, and a (1_3)-rd mode in which none of the first buy order and the specific first sell order is acquired, wherein, (i) in the (1_1)-st mode, (i-1) in response to the specific desired bid quantity being greater than the desired ask quantity, a transaction of the specific desired ask quantity is allowed to be executed and information on the specific first buy order is updated to be a (11_A)-th quantity which is acquired by subtracting the desired ask quantity from the desired bid quantity, and then the (1_1)-st mode is maintained, and (i-2) in response to the desired ask quantity being greater than the desired bid quantity, a transaction of the desired bid quantity is allowed to be executed and information on the first sell order is updated to be a (1_1_B)-th quantity which is acquired by subtracting the desired bid quantity from the desired ask quantity, and then the (1_1)-st mode is switched to the (1_2)-nd mode, (ii) in the (1_2)-nd mode, (ii-1) in response to the desired ask quantity being greater than the desired bid quantity, a transaction of the desired bid quantity is allowed to be executed and information on the first sell order is updated to be a (1_2_A)-th quantity which is acquired by subtracting the specific desired bid quantity from the desired ask quantity, and then the (1_2)-nd mode is maintained, and (ii-2) in response to the desired bid quantity being greater than the specific desired ask quantity, a transaction of the desired ask quantity is allowed to be executed and information on the first buy order is updated to be a (1_2_B)-th quantity which is acquired by subtracting the desired ask quantity from the desired bid quantity, and then the (1_2)-nd mode is switched to the (1_1)-st mode, and (iii) in the (1_3)-rd mode, in response to acquiring the first buy order, the (1_3)-rd mode is switched to the (1_1)-st mode, and in response to acquiring the specific first sell order, the (1_3)-rd mode is switched to the (1_2)-nd mode. These limitations are also part of the abstract idea identified in claim 1, and is similarly rejected under the same rationale as claim 1, supra.
Claim 5 recites wherein, at the step of (c), the first buy order includes at least part of a first first buy order to an n-th first buy order, and the first sell order includes at least part of a first first sell order to an m-th specific first sell order, wherein the unlisted stock is allowed to be transacted by matching at least part of a first desired bid quantity to an n-th desired bid quantity included in the first buy order to then-th first buy order with at least part of a first desired ask quantity to an m-th desired ask quantity included in the first first sell order to the m-th first sell order, wherein, in case the unlisted stock is allowed to be transacted under a second mode which requires a quantity match between at least part of the first desired bid quantity to then-th desired bid quantity and at least part of the first desired ask quantity to the m-th desired ask quantity, the unlisted stock transaction server operates under one of a (2_1)-st mode in which the first sell order is acquired while only the first buy order exists, a (2_2)-nd mode in which the first buy order is acquired while only the first sell order exists, a (2_3)-rd mode in which both the first sell order and the first buy order are acquired, and a (2_4)-th mode in which none of the first buy order and the first sell order are acquired, wherein, (i) in the (2_1)-st mode, on condition that the first first buy order to then-th first buy order exist, in response to acquiring a k-th first sell order including a k-th desired ask quantity, wherein k is an integer greater than or equal to 1 and less than or equal to n, (i-1) in case a quantity match of the k-th specific desired ask quantity exists among the first desired bid quantity to then-th desired bid quantity, a transaction of the k-th desired ask quantity is allowed to be executed, and then in case a (2_1)-st quantity which is acquired by subtracting the k-th desired ask quantity from a sum of the first desired bid quantity to then-th desired bid quantity is greater than 0, the (2_1)-st mode is maintained, and in case the (2_1)-st quantity is equal to 0, the (2_1)- st mode is switched to the (2_4)-th mode, (i-2) in response to a quantity match of the k-th desired ask quantity not existing among the first desired bid quantity to then-th desired bid quantity, the (2_1)-st mode is switched to the (2_3)-rd mode without allowing any transaction between the first first buy order to then-th first buy order and the k- th first sell order to be executed, (ii) in the (2_2)-nd mode, on condition that the first first sell order to the m-th first sell order exist, in response to acquiring a k-th first buy order including a k-th desired bid quantity, wherein k is an integer greater than or equal to 1 and less than or equal tom, (ii-1) in case a quantity match of the k-th desired bid quantity exists among the first desired ask quantity to the m-th desired ask quantity, a transaction of the k-th desired bid quantity is allowed to be executed, and then in case a (2_2)-nd quantity which is acquired by subtracting the k-th desired bid quantity from a sum of the first desired sell quantity to then-th desired sell quantity is greater than 0, the (2_2)-nd mode is maintained, and in case the (2_2)-nd quantity is equal to 0, the (2_2)-nd mode is switched to the (2_4)-th mode, and (ii-2) in case a quantity match of the k-th desired bid quantity does not exist among the first desired sell quantity to then-th desired sell quantity, the (2_2)-nd mode is switched to the (2_3)-rd mode without allowing any transaction between the first first sell order to the m-th first sell order and the k-th first buy order to be executed, (iii) in the (2_3)-rd mode, (iii-1) in case a partial quantity match between one of the first desired ask quantity to the m-th desired ask quantity and one of the first desired bid quantity and then-th desired bid quantity exists, the (2_3)-rd mode is maintained, and (iii-2) in case a quantity match between all the first desired ask quantity to the m- th desired ask quantity and all the first desired bid quantity and then-th desired bid quantity exists, the (2_3)-rd mode is switched to the (2_4)-th mode, and (iv) in the (2_4)-th mode, in response to acquiring the k-th first buy order, the (2_4)-th mode is switched to the (2_1)-st mode and in response to acquiring the k-th first sell order, the (2_4)-th mode is switched to the (2_2)-nd mode. These limitations are also part of the abstract idea identified in claim 1, and is similarly rejected under the same rationale as claim 1, supra.
Claim 6 recites wherein, at the step of (c), in response to acquiring the first buy order from a buyer device, the unlisted stock transaction server requests the buyer device to deposit a deposit amount calculated by multiplying desired bid quantity included in the first buy order with the reference price into an escrow account, and in response to detecting that the deposit amount is deposited into the escrow account, the unlisted stock transaction server registers the first buy order. These limitations are also part of the abstract idea identified in claim 1, and the additional elements of buyer device and unlisted stock transaction server 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 7 recites wherein, at the step of (c), in response to acquiring the first sell order from a seller device and determining that the first buy order and the first sell order match with each other, the unlisted stock transaction server transfers the deposit amount deposited into the escrow account to a seller account interworked with the seller device, and changes an ownership of the unlisted stock to the seller, to thereby support the transaction of the unlisted stock. These limitations are also part of the abstract idea identified in claim 1, and the additional elements seller device and unlisted stock transaction server 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 8 recites wherein, at the step of (c), in response to acquiring the first buy order from a buyer device, the unlisted stock transaction server suspends withdrawal of a buyer account for an ordered amount calculated by multiplying the desired bid quantity included in the first buy order with the reference price, and wherein, in response to acquiring the first sell order from a seller device and determining that the specific first sell order matches with the first buy order, the unlisted stock transaction server transfers the ordered amount that was suspended from withdrawal to a seller account interworked with the seller device and changes an ownership of the unlisted stock to the buyer, to thereby support the transaction of the unlisted stock. These limitations are also part of the abstract idea identified in claim 1, and the additional elements of buyer device, seller device and unlisted stock transaction server 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 recites wherein, at the step of (c), in response to acquiring the first sell order from a seller device, the unlisted stock transaction server requests the seller device to confirm that a desired ask quantity, included in the first sell order, of the unlisted stock actually exists, and in response to confirming that the desired ask quantity of the unlisted stock exists, the unlisted stock transaction server registers the sell order. These limitations are also part of the abstract idea identified in claim 1, and the additional elements of seller device and unlisted stock transaction server 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 10 recites wherein, at the step of (c), in response to acquiring the first sell order from the seller device, the unlisted stock transaction server confirms that the desired ask quantity, included in the first sell order, of the unlisted stock actually exists, and the unlisted stock transaction server blocks any transaction of the desired ask quantity of the unlisted stock until a transaction is executed by a match between the first sell order and the first buy order or until a cancellation of the first sell order. These limitations are also part of the abstract idea identified in claim 1, and the additional elements of seller device and unlisted stock transaction server 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 11 recites wherein, at the step of (c), the unlisted stock transaction server supports the transaction of the unlisted stock by performing processes of: (i) on condition that a minimum value of the range of the desired bid prices to be included in the buy orders of the unlisted stock is downwardly bounded defined based in part on a first adjusted reference price which is calculated by multiplying the reference price with a first adjustment factor according to the first limitation condition, acquiring the first buy order including the at least one desired bid price and (ii) on condition that a maximum value of the range of the desired ask prices to be included in the sell orders of the unlisted stock is upwardly bounded defined based in part on a second adjusted reference price which is calculated by multiplying the reference price with a second adjustment factor, according to the second limitation condition, acquiring the specific first sell order including the at least one desired ask price. These limitations are also part of the abstract idea identified in claim 1, and the additional elements of unlisted stock transaction server 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 12 recites wherein, at the step of (b), on condition that at least one of the first adjustment factor and the second adjustment factor is set as 1.0, the unlisted stock transaction server sets the first limitation condition and the second limitation condition. These limitations are also part of the abstract idea identified in claim 1, and the additional elements of the unlisted stock transaction server 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 13 –
Step 1: Does the Claim Fall within a Statutory Category? (see MPEP 2106.03) Claim 13 recites an apparatus, 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 claims are 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 denote newly added claim limitations:
Claim 13 recites An unlisted stock transaction server, comprising: at least one memory that stores instructions; and at least one processor configured to execute the instructions to perform processes of (I) determining a specific reference price of an unlisted stock of an unlisted company; (II) setting limitation conditions for both buy orders and sell orders corresponding to the unlisted stock by referring to the reference price of the unlisted stock; (III) (i) on condition that a lower limit of a range of desired bid prices to be included in the buy orders of the unlisted stock has been defined based in part on the reference price according to a first limitation condition among the limitation conditions, acquiring at least one a first buy order including at least one desired bid price and (ii) on condition that an upper limit of a range of desired ask prices to be included in the sell orders of the unlisted stock has been upwardly bounded defined based in part on the reference price according to a second limitation condition among the limitation conditions, acquiring at least one a first sell order including at least one desired ask price; and (IV) causing a transaction of the unlisted stock by matching a first desired bid quantity included in the first buy order with a first desired ask quantity included in the first sell order wherein, at the process of (I), the reference price is determined by referring to at least part of (i) past investment information which includes one or more investments received by the unlisted company, (ii) expected investment information which includes one or more investments expected to be received by the unlisted company, (iii) other past investment information which includes one or more investments received by one or more other unlisted companies in a same industry as the unlisted company, (iv) other expected investment information which includes one or more investments expected to be received by the one or more other unlisted companies in the industry as the unlisted company, (v) market capitalization of one or more other listed companies in the same industry as the unlisted company, and (vi) a company evaluation result of the unlisted company conducted by an accounting firm or gathered based on a guideline provided by a government body, and wherein, at the process of (I), the past investment information is determined by referring to at least part of first past investment information to n- th past investment information, and is correlated with a first past weight to an n-th past weight corresponding to the first past investment information to the n-th past investment information, wherein the expected investment information is determined by referring to at least part of the first past investment information to the n-th past investment information and first past investment time information to n-th past investment time information corresponding to the first past investment information to the n-th past investment information, and is correlated with the first past weight to the n-th past weight corresponding to the first past investment information to the n-th past investment information, wherein said other past investment information is determined by referring to at least part of first other past investment information to m-th other past investment information, which are in chronological order, and is correlated with a first other past weight to an m-th other past weight corresponding to the first other past investment information to the m-th other past investment information, and wherein said other expected investment information is determined by referring to at least part of the first other past investment information to the m-th other past investment information and first other past investment time information to m-th other past investment time information corresponding to the first other past investment information to the m-th other past investment information, and is correlated with the first other past weight to the m-th other past weight corresponding to the first other past investment information to the m-th other past investment information. 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 transactions. The claims are also commercial interactions, such as sales activities and business relations, as well as managing interactions between people, such as following instructions. 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 unlisted stock transaction server, memory, instructions, and one processor. The additional elements of an unlisted stock transaction server, memory, instructions, and one processor 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 (unlisted stock transaction server, memory, instructions, and one processor) 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 16 recites wherein, at the process of (III), the unlisted stock is allowed to be transacted by matching at least part of a desired bid quantity included in the specific first buy order with at least part of a desired ask quantity included in the first sell order, wherein, in case the unlisted stock is allowed to be transacted under a first mode which does not require a quantity match between the desired bid quantity and the desired ask quantity, the processor operates under one of a (1_1)-st mode in which the first sell order is acquired while only the first buy order exists, a (1_2)-nd mode in which the first buy order is acquired while only the first sell order exists, and a (1_3)-rd mode in which none of the first buy order and the first sell order is acquired, wherein, (i) in the (1_1)-st mode, (i-1) in response to the desired bid quantity being greater than the desired ask quantity, a transaction of the desired ask quantity is allowed to be executed and information on the first buy order is updated to be a (1_1_A)-th quantity which is acquired by subtracting the desired ask quantity from the desired bid quantity, and then the (1_1)-st mode is maintained, and (i-2) in response to the desired ask quantity being greater than the desired bid quantity, a transaction of the desired bid quantity is allowed to be executed and information on the first sell order is updated to be a (1_1_B)-th quantity which is acquired by subtracting the desired bid quantity from the desired ask quantity, and then the (1_1)-st mode is switched to the (1_2)-nd mode, (ii) in the (1_2)-nd mode, (ii-1) in response to the desired ask quantity being greater than the desired bid quantity, a transaction of the desired bid quantity is allowed to be executed and information on the first sell order is updated to be a (1_2_A)-th quantity which is acquired by subtracting the desired bid quantity from the desired ask quantity, and then the (1_2)-nd mode is maintained, and (ii-2) in response to the desired bid quantity being greater than the desired ask quantity, a transaction of the ask quantity is allowed to be executed and information on the first buy order is updated to be a (1_2_B)-th quantity which is acquired by subtracting the desired ask quantity from the desired bid quantity, and then the (1_2)-nd mode is switched to the (1_1)-st mode, and (iii) in the (1_3)-rd mode, in response to acquiring the first buy order, the (1_3)-rd mode is switched to the (1_1)-st mode, and in response to acquiring the first sell order, the (1_3)-rd mode is switched to the (1_2)-nd mode. These limitations are also part of the abstract idea identified in claim 13, and the additional elements of the processor 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 13 analysis above. Therefore, this claim is similarly rejected under the same rationale as claim 13, supra.
Claim 17 recites wherein, at the process of (III), the specific first buy order includes at least part of a first first buy order to an n-th first buy order, and the first sell order includes at least part of a first sell order to an m-th first sell order, wherein the unlisted stock is allowed to be transacted by matching at least part of a first desired bid quantity to an n-th desired bid quantity included in the first first buy order to then-th first buy order with at least part of a first desired ask quantity to an m-th desired ask quantity included in the first first sell order to the m-th first sell order, wherein, in case the unlisted stock is allowed to be transacted under a second mode which requires a quantity match between at least part of the first desired bid quantity to then-th desired bid quantity and at least part of the first desired ask quantity to the m-th desired ask quantity, the processor operates under one of a (2_1)- st mode in which the first sell order is acquired while only the first buy order exists, a (2_2)-nd mode in which the first buy order is acquired while only the first sell order exists, a (2_3)-rd mode in which both the first sell order and the first buy order are acquired, and a (2_4)-th mode in which none of the first buy order and the first sell order are acquired, wherein, (i) in the (2_1)-st mode, on condition that the first buy order to then-th first buy order exist, in response to acquiring a k-th first sell ordeincluding a k-th desired ask quantity, wherein k is an integer greater than or equal to 1 and less than or equal to n, (i-1) in case a quantity match of the k-th desired ask quantity exists among the first desired bid quantity to then-th desired bid quantity, a transaction of the k-th desired ask quantity is allowed to be executed, and then in case a (2_1)-st quantity which is acquired by subtracting the k-th desired ask quantity from a sum of the first desired bid quantity to then-th desired bid quantity is greater than 0, the (2_1)-st mode is maintained, and in case the (2_1)-st quantity is equal to 0, the (2_1)- st mode is switched to the (2_4)-th mode, (i-2) in response to a quantity match of the k-th desired ask quantity not existing among the first desired bid quantity to then-th desired bid quantity, the (2_1)-st mode is switched to the (2_3)-rd mode without allowing any transaction between the first first buy order to then-th first buy order and the k- th first sell order to be executed, (ii) in the (2_2)-nd mode, on condition that the first sell order to the m-th first sell order exist, in response to acquiring a k-th first buy order including a k-th desired bid quantity, wherein k is an integer greater than or equal to 1 and less than or equal tom, (ii-1) in case a quantity match of the k-th desired bid quantity exists among the first desired ask quantity to the m-th desired ask quantity, a transaction of the k-th desired bid quantity is allowed to be executed, and then in case a (2_2)-nd quantity which is acquired by subtracting the k-th desired bid quantity from a sum of the first desired sell quantity to then-th desired sell quantity is greater than 0, the (2_2)-nd mode is maintained, and in case the (2_2)-nd quantity is equal to 0, the (2_2)-nd mode is switched to the (2_4)-th mode, and (ii-2) in case a quantity match of the k-th desired bid quantity does not exist among the first desired sell quantity to then-th desired sell quantity, the (2_2)-nd mode is switched to the (2_3)-rd mode without allowing any transaction between the first first sell order to the m-th first sell order and the k-th first buy order to be executed, (iii) in the (2_3)-rd mode, (iii-1) in case a partial quantity match between one of the first desired ask quantity to the m-th desired ask quantity and one of the first desired bid quantity and then-th desired bid quantity exists, the (2_3)-rd mode is maintained, and (iii-2) in case a quantity match between all the first desired ask quantity to the m- th desired ask quantity and all the first desired bid quantity and then-th desired bid quantity exists, the (2_3)-rd mode is switched to the (2_4)-th mode, and (iv) in the (2_4)-th mode, in response to acquiring the k-th first buy order, the (2_4)-th mode is switched to the (2_1)-st mode and in response to acquiring the k-th first sell order, the (2_4)-th mode is switched to the (2_2)-nd mode. These limitations are also part of the abstract idea identified in claim 13, and is similarly rejected under the same rationale as claim 13, supra.
Claim 18 recites wherein, at the process of (III), in response to acquiring the specific first buy order from a buyer device, the processor requests the buyer device to deposit a deposit amount calculated by multiplying desired bid quantity included in the first buy order with the reference price into an escrow account, and in response to detecting that the deposit amount is deposited into the escrow account, the processor registers the first buy order. These limitations are also part of the abstract idea identified in claim 13, and the additional elements of the processor, and buyer device 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 13 analysis above. Therefore, this claim is similarly rejected under the same rationale as claim 13, supra.
Claim 19 recites wherein, at the process of (III), in response to acquiring the first sell order from a seller device and determining that the first buy order and the first sell order match with each other, the processor transfers the deposit amount deposited into the escrow account to a seller account interworked with the seller device, and changes an ownership of the unlisted stock to the seller, to thereby support the transaction of the unlisted stock. These limitations are also part of the abstract idea identified in claim 13, and the additional elements of the seller device and the processor 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 13 analysis above. Therefore, this claim is similarly rejected under the same rationale as claim 13, supra.
Claim 20 recites wherein, at the process of (III), in response to acquiring the first buy order from a buyer device, the processor suspends withdrawal of a buyer account for an ordered amount calculated by multiplying the desired bid quantity included in the first buy order with the reference price, and wherein, in response to acquiring the first sell order from a seller device and determining that the first sell order matches with the first buy order, the processor transfers the ordered amount that was suspended from withdrawal to a seller account interworked with the seller device and changes an ownership of the unlisted stock to the buyer, to thereby support the transaction of the unlisted stock. These limitations are also part of the abstract idea identified in claim 13, and the additional elements of the processor, seller device and buyer device, and buyer device 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 13 analysis above. Therefore, this claim is similarly rejected under the same rationale as claim 13, supra.
Claim 21 recites wherein, at the process of (III), in response to acquiring the first sell order from a seller device, the processor requests the seller device to confirm that a desired ask quantity, included in the first sell order, of the unlisted stock actually exists, and in response to confirming that the desired ask quantity of the unlisted stock exists, the processor registers the sell order. These limitations are also part of the abstract idea identified in claim 13, and the additional elements of the seller device and processor, and buyer device 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 13 analysis above. Therefore, this claim is similarly rejected under the same rationale as claim 13, supra.
Claim 22 recites wherein, at the process of (III), in response to acquiring the first sell order from the seller device, the processor confirms that the desired ask quantity, included in the first sell order, of the unlisted stock actually exists, and the processor blocks any transaction of the desired ask quantity of the unlisted stock until a transaction is executed by a match between the first sell order and the first buy order or until a cancellation of the first sell order. These limitations are also part of the abstract idea identified in claim 13, and the additional elements of the processor, and seller device 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 13 analysis above. Therefore, this claim is similarly rejected under the same rationale as claim 13, supra.
Claim 23 recites, at the process of (III), the processor supports the transaction of the unlisted stock by performing processes of (i) on condition that a minimum value of the range of the desired bid prices to be included in the buy orders of the unlisted stock is downwardly bounded based on a first adjusted reference price which is calculated by multiplying the specific reference price with a first adjustment factor according to the first limitation condition, acquiring the first buy order including the desired bid price and (ii) on condition that a maximum value of the range of the desired ask prices to be included in the sell orders of the unlisted stock is upwardly bounded based on a second adjusted reference price which is calculated by multiplying the reference price with a second adjustment factor, according to the second limitation condition, acquiring the first sell order including the desired ask price. These limitations are also part of the abstract idea identified in claim 13, and the additional elements of the processor 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 13 analysis above. Therefore, this claim is similarly rejected under the same rationale as claim 13, supra.
Claim 24 recites wherein, at the process of (II), on condition that at least one of the first adjustment factor and the second adjustment factor is set as 1.0, the processor sets the first limitation condition and the second limitation condition. These limitations are also part of the abstract idea identified in claim 13, and the additional elements of the processor 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 13 analysis above. Therefore, this claim is similarly rejected under the same rationale as claim 13, supra.
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive.
Applicant argues that the currently amended claims are considered eligible subject matter. Examiner disagrees. 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 transactions. The claims are also commercial interactions, such as sales activities and business relations, as well as managing interactions between people, such as following instructions. Accordingly, the claim recites an abstract idea.
The Supreme Court has identified a number of concepts falling within the "certain methods of organizing human activity" grouping as abstract ideas. In particular, in Alice, the Court concluded that the use of a third party to mediate settlement risk is a ‘‘fundamental economic practice’’ and thus an abstract idea. 573 U.S. at 219–20, 110 USPQ2d at 1982. In addition, the Court in Alice described the concept of risk hedging identified as an abstract idea in Bilski as ‘‘a method of organizing human activity’’. Id. Previously, in Bilski, the Court concluded that hedging is a ‘‘fundamental economic practice’’ and therefore an abstract idea. 561 U.S. at 611–612, 95 USPQ2d at 1010.
The term "certain" qualifies the "certain methods of organizing human activity" grouping as a reminder of several important points. First, not all methods of organizing human activity are abstract ideas (e.g., "a defined set of steps for combining particular ingredients to create a drug formulation" is not a certain "method of organizing human activity"), In re Marco Guldenaar Holding B.V., 911 F.3d 1157, 1160-61, 129 USPQ2d 1008, 1011 (Fed. Cir. 2018). Second, this grouping is limited to activity that falls within the enumerated sub-groupings of fundamental economic principles or practices, commercial or legal interactions, and managing personal behavior and relationships or interactions between people, and is not to be expanded beyond these enumerated sub-groupings except in rare circumstances as explained in MPEP 2106.04(a)(3). Finally, the sub-groupings encompass both activity of a single person (for example, a person following a set of instructions or a person signing a contract online) and activity that involves multiple people (such as a commercial interaction), and thus, certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the "certain methods of organizing human activity" grouping. It is noted that the number of people involved in the activity is not dispositive as to whether a claim limitation falls within this grouping. Instead, the determination should be based on whether the activity itself falls within one of the sub-groupings.
The courts have used the phrases "fundamental economic practices" or "fundamental economic principles" to describe concepts relating to the economy and commerce. Fundamental economic principles or practices include hedging, insurance, and mitigating risks.
The term "fundamental" is not used in the sense of necessarily being "old" or "well-known." See, e.g., OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1364, 115 U.S.P.Q.2d 1090, 1092 (Fed Cir. 2015) (a new method of price optimization was found to be a fundamental economic concept); In re Smith, 815 F.3d 816, 818-19, 118 USPQ2d 1245, 1247 (Fed. Cir. 2016) (describing a new set of rules for conducting a wagering game as a "fundamental economic practice"); In re Greenstein, 774 Fed. Appx. 661, 664, 2019 USPQ2d 212400 (Fed Cir. 2019) (non-precedential) (claims to a new method of allocating returns to different investors in an investment fund was a fundamental economic concept). However, being old or well-known may indicate that the practice is fundamental. See, e.g., Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 219-20, 110 USPQ2d 1981-82 (2014) (describing the concept of intermediated settlement, like the risk hedging in Bilski, to be a "‘fundamental economic practice long prevalent in our system of commerce’" and also as "a building block of the modern economy") (citation omitted); Bilski v. Kappos, 561 U.S. 593, 611, 95 USPQ2d 1001, 1010 (2010) (claims to the concept of hedging are a "fundamental economic practice long prevalent in our system of commerce and taught in any introductory finance class.") (citation omitted); Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1313, 120 USPQ2d 1353, 1356 (2016) ("The category of abstract ideas embraces ‘fundamental economic practice[s] long prevalent in our system of commerce,’ … including ‘longstanding commercial practice[s]’").
An example of a case identifying a claim as reciting a fundamental economic practice is Bilski v. Kappos, 561 U.S. 593, 609, 95 USPQ2d 1001, 1009 (2010). The fundamental economic practice at issue was hedging or protecting against risk. The applicant in Bilski claimed "a series of steps instructing how to hedge risk," i.e., how to protect against risk. 561 U.S. at 599, 95 USPQ2d at 1005. The method allowed energy suppliers and consumers to minimize the risks resulting from fluctuations in market demand for energy. The Supreme Court determined that hedging is "fundamental economic practice" and therefore is an "unpatentable abstract idea." 561 U.S. at 611-12, 95 USPQ2d at 1010.
Another example of a case identifying a claim as reciting a fundamental economic practice is Bancorp Services., L.L.C. v. Sun Life Assurance Co. of Canada (U.S.), 687 F.3d 1266, 103 USPQ2d 1425 (Fed. Cir. 2012). The fundamental economic practice at issue in Bancorp pertained to insurance. The patentee in Bancorp claimed methods and systems for managing a life insurance policy on behalf of a policy holder, which comprised steps including generating a life insurance policy including a stable value protected investment with an initial value based on a value of underlying securities, calculating surrender value protected investment credits for the life insurance policy; determining an investment value and a value of the underlying securities for the current day; and calculating a policy value and a policy unit value for the current day. 687 F.3d at 1270-71, 103 USPQ2d at 1427. The court described the claims as an "attempt to patent the use of the abstract idea of [managing a stable value protected life insurance policy] and then instruct the use of well-known [calculations] to help establish some of the inputs into the equation." 687 F.3d at 1278, 103 USPQ2d at 1433 (alterations in original) (citing Bilski).
"Commercial interactions" or "legal interactions" include agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations.
An example of a claim reciting a commercial or legal interaction, where the interaction is an agreement in the form of contracts, is found in buySAFE, Inc. v. Google, Inc., 765 F.3d. 1350, 112 USPQ2d 1093 (Fed. Cir. 2014). The agreement at issue in buySAFE was a transaction performance guaranty, which is a contractual relationship. 765 F.3d at 1355, 112 USPQ2d at 1096. The patentee claimed a method in which a computer operated by the provider of a safe transaction service receives a request for a performance guarantee for an online commercial transaction, the computer processes the request by underwriting the requesting party in order to provide the transaction guarantee service, and the computer offers, via a computer network, a transaction guaranty that binds to the transaction upon the closing of the transaction. 765 F.3d at 1351-52, 112 USPQ2d at 1094. The Federal Circuit described the claims as directed to an abstract idea because they were "squarely about creating a contractual relationship--a ‘transaction performance guaranty’." 765 F.3d at 1355, 112 USPQ2d at 1096.
An example of a claim reciting business relations is found in Credit Acceptance Corp. v. Westlake Services, 859 F.3d 1044, 123 USPQ2d 1100 (Fed. Cir. 2017). The business relation at issue in Credit Acceptance is the relationship between a customer and dealer when processing a credit application to purchase a vehicle. The patentee claimed a "system for maintaining a database of information about the items in a dealer’s inventory, obtaining financial information about a customer from a user, combining these two sources of information to create a financing package for each of the inventoried items, and presenting the financing packages to the user." 859 F.3d at 1054, 123 USPQ2d at 1108. The Federal Circuit described the claims as directed to the abstract idea of "processing an application for financing a loan" and found "no meaningful distinction between this type of financial industry practice" and the concept of intermediated settlement in Alice or the hedging concept in Bilski. 859 F.3d at 1054, 123 USPQ2d at 1108.
An example of a claim reciting managing personal behavior is Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 115 USPQ2d 1636 (Fed. Cir. 2015). The patentee in this case claimed methods comprising storing user-selected pre-set limits on spending in a database, and when one of the limits is reached, communicating a notification to the user via a device. 792 F.3d. at 1367, 115 USPQ2d at 1639-40. The Federal Circuit determined that the claims were directed to the abstract idea of “tracking financial transactions to determine whether they exceed a pre-set spending limit (i.e., budgeting)”, which “is not meaningfully different from the ideas found to be abstract in other cases before the Supreme Court and our court involving methods of organizing human activity.” 792 F.3d. at 1367-68, 115 USPQ2d at 1640.
An example of a claim reciting following rules or instructions is In re Marco Guldenaar Holding B.V., 911 F.3d 1157, 1161, 129 USPQ2d 1008, 1011 (Fed. Cir. 2018). The patentee claimed a method of playing a dice game including placing wagers on whether certain die faces will appear face up. 911 F.3d at 1160; 129 USPQ2d at 1011. The Federal Circuit determined that the claims were directed to the abstract idea of “rules for playing games”, which the court characterized as a certain method of organizing human activity. 911 F.3d at 1160-61; 129 USPQ2d at 1011.
Applicant also argues that the currently recited claims are a practical application. Examiner disagrees. 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.
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.
In Finjan, the claims to a “behavior-based virus scan” were found to provide greater computer security and were thus directed to a patent-eligible improvement in computer functionality. 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.
Regarding Step 2B, the claims do not provide an inventive concept. As discussed above, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer. Even when viewed as whole, nothing in the claim adds significantly more (i.e. inventive concept) to the abstract idea. The currently recited claims solve unlisted stock trading, which is not a significant improvement to the functioning of a computer or to any other technology or technical field (MPEP 2106.05(a)).
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 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.
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/BRANDON M DUCK/Examiner, Art Unit 3693 /BRUCE I EBERSMAN/Primary Examiner, Art Unit 3693