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 .
DETAILED ACTION
This action is in reply to the application filed on 02/26/2024.
Claims 1-20 are pending.
Claims 1-20 have been examined.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5-11 of Patent Application 11915229 (reference patent). The claims are not patentably distinct from each other because currency exchange. There are parallel claim sets in the current application and are thus anticipated by the allowed claims.
Current Application – 17/398,293
Patent No. – 11915229
1. A method of facilitating the dispensing of destination currency from a destination ATM to a user traveling to a destination country, comprising the steps of: establishing a currency exchange system controlled by a system provider; wherein the currency exchange system comprises a plurality of users, each of the plurality of users residing in a home country and at least one of the plurality of users traveling to a destination country; wherein the currency exchange system comprises at least two system accounts established for the system provider in at least one financial institution in a respective country; wherein each of the system accounts is funded by the users residing in the respective country with deposits of home currency, the system accounts being controlled by the system provider; providing a mobile app to each of the users accessible by a smartphone, the mobile app in communication with the financial institution in the home country, the mobile app enabling each of the users to transfer home currency to the system account in the home country; each of the users transferring an amount of home currency to the system account in the home country; the system provider creating a user token account to each of the users, wherein the user token account has an amount of virtual home tokens equal in value to the amount of home currency deposited to the system account of the home country by each of the users; the system provider creating a user sub-account to each of the users and crediting the user sub-account with the requested amount of destination currency and debiting from the user token account the amount of virtual home tokens equal in value to the amount of destination currency calculated at the prevailing rate of exchange at the time of creating the user sub-account; the system provider delivering to each of the users a virtual debit card crediting in the amount of destination currency requested by each of the user; the at least one of the plurality of users, once in the destination country, requesting an amount of destination currency, the mobile app being adapted to communicate electronically with the destination ATM; the financial institution in the destination country verifying the presence of sufficient funds in the user sub-account; the financial institution in the destination country dispensing the destination currency from the destination ATM to each of the at least one of the plurality of users only after the presence of sufficient funds in the home user sub-account has been verified; and debiting the destination currency from the system account in the destination country.
2. The method of claim 1, further comprising the steps of: the at least one of the plurality of users, once in the destination country, imputing through the mobile app secure information to the at least one of the financial institutions in the destination country; the at least one of the financial institutions in the destination country verifying the identity of each of the users; and the at least one of the financial institutions in the destination country dispensing the destination currency only after the identity of each of the users has been verified.
3. The method of claim 1, further comprising the steps of: the at least one of the plurality of users, once in the destination country, requesting an amount of destination currency to be dispensed by a destination ATM from a non-participating financial institution not having a system account, the mobile app being adapted to communicate electronically with the destination ATM of the non-participating financial institution; the non-participating financial institution in the destination country verifying the presence of sufficient funds in the user sub-account; the non-participating financial institution in the destination country dispensing the destination currency only after the presence of sufficient funds in the user sub-account has been verified; and the system provider debiting the destination currency from the system account in the destination country and reimbursing the non-participating financial institution in the destination currency from the system account of the at least one financial institution in the destination country.
4. The method of claim 3, further comprising the steps of: the at least one of the plurality of users, once in the destination country, imputing through the mobile app secure information to the at least one of the financial institutions in the destination country, the mobile app being adapted to communicate electronically with the destination ATM of the non-participating financial institution; the non-participating financial institution in the destination country verifying the identity of each of the users; and the non-participating financial institution in the destination country dispensing the destination currency only after the identity of each of the users has been verified.
5. The method of claim 1, wherein the virtual home tokens are not transferable by the plurality of users.
6. The method of claim 1, wherein each of the users requests a plurality of destination currencies in a plurality of destination countries.
7. The method of claim 6, wherein the destination currencies are not transferable between destination countries.
8. The method of claim 1, wherein the at least one of the plurality of users has remaining amounts of the destination currency; and the at least one of the plurality of users requesting to convert the remaining amounts of the destination currency into the amount of virtual home tokens equal in value to the amount of destination currency.
9. A method of facilitating the dispensing of destination currency from a destination ATM to a user traveling to a destination country, comprising the steps of: establishing a currency exchange system controlled by a system provider; wherein the currency exchange system comprises a plurality of users, each of the plurality of users residing in a home country and at least one of the plurality of users traveling to a destination country; wherein the currency exchange system comprises at least two system accounts established for the system provider in at least one financial institution in a respective country; wherein each of the system accounts is funded by the users residing in the respective country with deposits of home currency, the system accounts being controlled by the system provider; providing a mobile app to each of the users accessible by a smartphone, the mobile app in communication with the financial institution in the home country, the mobile app enabling each of the users to transfer home currency to the system account in the home country; each of the users transferring an amount of home currency to the system account in the home country; the system provider creating a user token account to each of the users, wherein the user token account has an amount of virtual home tokens equal in value to the amount of home currency deposited to the system account of the home country by each of the users; the system provider creating a user sub-account to each of the users and crediting the user sub-account with the requested amount of destination currency and debiting from the user token account the amount of virtual home tokens equal in value to the amount of destination currency calculated at the prevailing rate of exchange at the time of creating the user sub-account; the system provider delivering to each of the users a virtual debit card crediting in the amount of destination currency requested by each of the user; the at least one of the plurality of users, once in the destination country, requesting an amount of destination currency, the mobile app being adapted to communicate electronically with the destination ATM; the financial institution in the destination country verifying the presence of sufficient funds in the user sub-account; the financial institution in the destination country dispensing the destination currency from the destination ATM to each of the at least one of the plurality of users only after the presence of sufficient funds in the home user sub-account has been verified; debiting the destination currency from the system account in the destination country; the at least one of the plurality of users has remaining amounts of the destination currency; and the at least one of the plurality of users requesting to convert the remaining amounts of the destination currency into the amount of virtual home tokens equal in value to the amount of destination currency.
10. The method of claim 9, further comprising the steps of: the at least one of the plurality of users, once in the destination country, imputing through the mobile app secure information to the at least one of the financial institutions in the destination country; the at least one of the financial institutions in the destination country verifying the identity of each of the users; and the at least one of the financial institutions in the destination country dispensing the destination currency only after the identity of each of the users has been verified.
11. The method of claim 9, further comprising the steps of: the at least one of the plurality of users, once in the destination country, requesting an amount of destination currency to be dispensed by a destination ATM from a non-participating financial institution not having a system account, the mobile app being adapted to communicate electronically with the destination ATM of the non-participating financial institution; the non-participating financial institution in the destination country verifying the presence of sufficient funds in the user sub-account; the non-participating financial institution in the destination country dispensing the destination currency only after the presence of sufficient funds in the user sub-account has been verified; and the system provider debiting the destination currency from the system account in the destination country and reimbursing the non-participating financial institution in the destination currency from the system account of the at least one financial institution in the destination country.
12. The method of claim 11, further comprising the steps of: the at least one of the plurality of users, once in the destination country, imputing through the mobile app secure information to the at least one of the financial institutions in the destination country, the mobile app being adapted to communicate electronically with the destination ATM of the non-participating financial institution; the non-participating financial institution in the destination country verifying the identity of each of the users; and the non-participating financial institution in the destination country dispensing the destination currency only after the identity of each of the users has been verified.
13. The method of claim 9, wherein the virtual home tokens are not transferable by the plurality of users.
14. The method of claim 9, wherein each of the users requests a plurality of destination currencies in a plurality of destination countries.
15. The method of claim 14, wherein the destination currencies are not transferable between destination countries.
16. A method of facilitating the dispensing of destination currency from a destination ATM to a user traveling to a destination country, comprising the steps of: establishing a currency exchange system controlled by a system provider; wherein the currency exchange system comprises a plurality of users, each of the plurality of users residing in a home country and at least one of the plurality of users traveling to a destination country; wherein the currency exchange system comprises at least two system accounts established for the system provider in at least one financial institution in a respective country; wherein each of the system accounts is funded by the users residing in the respective country with deposits of home currency, the system accounts being controlled by the system provider; providing a mobile app to each of the users accessible by a smartphone, the mobile app in communication with the financial institution in the home country, the mobile app enabling each of the users to transfer home currency to the system account in the home country; each of the users transferring an amount of home currency to the system account in the home country; the system provider creating a user token account to each of the users, wherein the user token account has an amount of virtual home tokens equal in value to the amount of home currency deposited to the system account of the home country by each of the users; the system provider creating a user sub-account to each of the users and crediting the user sub-account with the requested amount of destination currency and debiting from the user token account the amount of virtual home tokens equal in value to the amount of destination currency calculated at the prevailing rate of exchange at the time of creating the user sub-account; the system provider delivering to each of the users a virtual debit card crediting in the amount of destination currency requested by each of the user; the at least one of the plurality of users, once in the destination country, requesting an amount of destination currency to be dispensed by a destination ATM from a non-participating financial institution not having a system account, the mobile app being adapted to communicate electronically with the destination ATM of the non-participating financial institution; the non-participating financial institution in the destination country verifying the presence of sufficient funds in the user sub-account; the non-participating financial institution in the destination country dispensing the destination currency only after the presence of sufficient funds in the user sub-account has been verified; and the system provider debiting the destination currency from the system account in the destination country and reimbursing the non-participating financial institution in the destination currency from the system account of the at least one financial institution in the destination country; and the at least one of the plurality of users has remaining amounts of the destination currency; and the at least one of the plurality of users requesting to convert the remaining amounts of the destination currency into the amount of virtual home tokens equal in value to the amount of destination currency.
17. The method of claim 16, further comprising the steps of: the at least one of the plurality of users, once in the destination country, imputing through the mobile app secure information to the at least one of the financial institutions in the destination country, the mobile app being adapted to communicate electronically with the destination ATM of the non-participating financial institution; the non-participating financial institution in the destination country verifying the identity of each of the users; and the non-participating financial institution in the destination country dispensing the destination currency only after the identity of each of the users has been verified.
18. The method of claim 16, wherein the virtual home tokens are not transferable by the plurality of users.
19. The method of claim 16, wherein each of the users requests a plurality of destination currencies in a plurality of destination countries.
20. The method of claim 19, wherein the destination currencies are not transferable between destination countries.
5. (New) A method of facilitating the dispensing of destination currency from a destination ATM to a user traveling to a destination country, comprising the steps of: establishing a currency exchange system controlled by a system provider; wherein the currency exchange system comprises a plurality of users, each of the users residing in a home country and traveling to a destination country; wherein the currency exchange system comprises at least two system accounts established for the system provider in at least one financial institution in a respective country; wherein each of the system accounts is funded by the users residing in the respective country with deposits of home currency, the system accounts being controlled by the system provider; providing a mobile app to each of the users accessible by a smartphone, the mobile app in communication with the financial institution in the home country, the mobile app enabling each of the users to transfer home currency to the system account in the home country; each of the users transferring an amount of home currency to the system account in the home country;23 the system provider creating a user token account to each of the users, wherein the user token account has an amount of virtual home tokens equal in value to the amount of home currency deposited to the system account of the home country by each of the users; the system provider creating a user sub-account to each of the users and crediting the user sub-account with the requested amount of destination currency and debiting from the user token account the amount of virtual tokens equal in value to the amount of destination currency calculated at the prevailing rate of exchange at the time of creating the user sub-account; the system provider delivering to each of the users a virtual debit card crediting in the amount of destination currency requested by each of the user, the virtual debit card accessible and operational through the mobile app; each of the user, once in the destination country, requesting an amount of destination currency, the mobile app being adapted to communicate electronically with the destination ATM; the financial institution in the destination country verifying the presence of sufficient funds in the user sub-account; the financial institution in the destination country dispensing the destination currency from the destination ATM to each of the user only after the presence of 2 sufficient funds in the home user sub-account has been verified; and debiting the destination currency from the system account in the destination country.
6. (New) The method of claim 5, further comprising the steps of: each of the users, once in the destination country, imputing through the mobile app secure information to the at least one of the financial institutions in the destination country; the at least one of the financial institutions in the destination country verifying the identity of each of the users; and the at least one of the financial institutions in the destination country dispensing the destination currency only after the identity of each of the users has been verified.16
7. (New) The method of claim 5, further comprising the steps of: each of the users, once in the destination country, requesting an amount of destination currency to be dispensed by a destination ATM from a non-participating financial institution not having a system account, the mobile app being adapted to communicate electronically with the destination ATM of the non-participating financial institution;3 the non-participating financial institution in the destination country verifying the presence of sufficient funds in the user sub-account; the non-participating financial institution in the destination country dispensing the destination currency only after the presence of sufficient funds in the user sub-account has been verified; and the system provider debiting the destination currency from the system account in the destination country and reimbursing the non-participating financial institution in the destination currency from the system account of the at least one financial institution in the destination country.13
8.(New) The method of claim 7, further comprising the steps of: each of the users, once in the destination country, imputing through the mobile app secure information to the at least one of the financial institutions in the destination country, the mobile app being adapted to communicate electronically with the destination ATM of the non-participating financial institution; the non-participating financial institution in the destination country verifying the identity of each of the users; and the non-participating financial institution in the destination country dispensing the destination currency only after the identity of each of the users has been 4 verified.2
9.(New) The method of claim 5, wherein the virtual home tokens are not transferable by the plurality of users.
10. (New) The method of claim 5, wherein each of the users requests a plurality of destination currencies in a plurality of destination countries.
11. (New) The method of claim 10, wherein the destination currencies are not transferable between destination countries.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 12 and 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The applicant recited “imputing” in, for example, claim 4; however, the specification does not have any support to define the term “imputing”. Since, the claim scope is considered in light of the specification and that the claims recite using a mobile application to perform a currency exchange, it would make sense to interpret this limitation as “inputting” rather than “imputing”. It is unclear as to what is input in the mobile app. The specification and the limitations recite “secured information”; however, such information is not clearly defined in the specification. The examiner interpreted “inputting secured information . . .” as inputting traveler information as disclosed by Galit, see at least par. [0057] “. . . , input fields for receiving traveler personnel identification data for a traveler including, for example: name 305, address 307-308, and affiliated travel agency 309, along with a foreign destination location drop-down menu input field 311, and/or others according to other variations as known to those skilled in the art . . .”).
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 1-20 are directed to a method which are one of the statutory categories of invention. (Step 1: YES).
Claim 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional computer elements, which are recited at a high level of generality, provide generic computer functions that do not add meaningful limits to practicing the abstract idea.
Claim 1 recites a method of facilitating the dispensing of destination currency from a destination ATM to a user traveling to a destination country, comprising the steps of: establishing a currency exchange system controlled by a system provider; wherein the currency exchange system comprises a plurality of users, each of the plurality of users residing in a home country and at least one of the plurality of users traveling to a destination country; wherein the currency exchange system comprises at least two system accounts established for the system provider in at least one financial institution in a respective country; wherein each of the system accounts is funded by the users residing in the respective country with deposits of home currency, the system accounts being controlled by the system provider; providing a mobile app to each of the users accessible by a smartphone, the mobile app in communication with the financial institution in the home country, the mobile app enabling each of the users to transfer home currency to the system account in the home country; each of the users transferring an amount of home currency to the system account in the home country; the system provider creating a user token account to each of the users, wherein the user token account has an amount of virtual home tokens equal in value to the amount of home currency deposited to the system account of the home country by each of the users; the system provider creating a user sub-account to each of the users and crediting the user sub-account with the requested amount of destination currency and debiting from the user token account the amount of virtual home tokens equal in value to the amount of destination currency calculated at the prevailing rate of exchange at the time of creating the user sub-account; the system provider delivering to each of the users a virtual debit card crediting in the amount of destination currency requested by each of the user; the at least one of the plurality of users, once in the destination country, requesting an amount of destination currency, the mobile app being adapted to communicate electronically with the destination ATM; the financial institution in the destination country verifying the presence of sufficient funds in the user sub-account; the financial institution in the destination country dispensing the destination currency from the destination ATM to each of the at least one of the plurality of users only after the presence of sufficient funds in the home user sub-account has been verified; and debiting the destination currency from the system account in the destination country. The limitations are directed to commercial interactions (currency exchange – business relations). Hence, they fall within the “Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Claim 9, for instance, recites, in part, A method of facilitating the dispensing of destination currency from a destination ATM to a user traveling to a destination country, comprising the steps of: establishing a currency exchange system controlled by a system provider; wherein the currency exchange system comprises a plurality of users, each of the plurality of users residing in a home country and at least one of the plurality of users traveling to a destination country; wherein the currency exchange system comprises at least two system accounts established for the system provider in at least one financial institution in a respective country; wherein each of the system accounts is funded by the users residing in the respective country with deposits of home currency, the system accounts being controlled by the system provider; providing a mobile app to each of the users accessible by a smartphone, the mobile app in communication with the financial institution in the home country, the mobile app enabling each of the users to transfer home currency to the system account in the home country; each of the users transferring an amount of home currency to the system account in the home country; the system provider creating a user token account to each of the users, wherein the user token account has an amount of virtual home tokens equal in value to the amount of home currency deposited to the system account of the home country by each of the users; the system provider creating a user sub-account to each of the users and crediting the user sub-account with the requested amount of destination currency and debiting from the user token account the amount of virtual home tokens equal in value to the amount of destination currency calculated at the prevailing rate of exchange at the time of creating the user sub-account; the system provider delivering to each of the users a virtual debit card crediting in the amount of destination currency requested by each of the user; the at least one of the plurality of users, once in the destination country, requesting an amount of destination currency, the mobile app being adapted to communicate electronically with the destination ATM; the financial institution in the destination country verifying the presence of sufficient funds in the user sub-account; the financial institution in the destination country dispensing the destination currency from the destination ATM to each of the at least one of the plurality of users only after the presence of sufficient funds in the home user sub-account has been verified; debiting the destination currency from the system account in the destination country; the at least one of the plurality of users has remaining amounts of the destination currency; and the at least one of the plurality of users requesting to convert the remaining amounts of the destination currency into the amount of virtual home tokens equal in value to the amount of destination currency. The limitations are directed to commercial interactions (currency exchange – business relations). Hence, they fall within the “Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Claim 16, for instance, recites, in part, A method of facilitating the dispensing of destination currency from a destination ATM to a user traveling to a destination country, comprising the steps of: establishing a currency exchange system controlled by a system provider; wherein the currency exchange system comprises a plurality of users, each of the plurality of users residing in a home country and at least one of the plurality of users traveling to a destination country; wherein the currency exchange system comprises at least two system accounts established for the system provider in at least one financial institution in a respective country; wherein each of the system accounts is funded by the users residing in the respective country with deposits of home currency, the system accounts being controlled by the system provider; providing a mobile app to each of the users accessible by a smartphone, the mobile app in communication with the financial institution in the home country, the mobile app enabling each of the users to transfer home currency to the system account in the home country; each of the users transferring an amount of home currency to the system account in the home country; the system provider creating a user token account to each of the users, wherein the user token account has an amount of virtual home tokens equal in value to the amount of home currency deposited to the system account of the home country by each of the users; the system provider creating a user sub-account to each of the users and crediting the user sub-account with the requested amount of destination currency and debiting from the user token account the amount of virtual home tokens equal in value to the amount of destination currency calculated at the prevailing rate of exchange at the time of creating the user sub-account; the system provider delivering to each of the users a virtual debit card crediting in the amount of destination currency requested by each of the user; the at least one of the plurality of users, once in the destination country, requesting an amount of destination currency to be dispensed by a destination ATM from a non-participating financial institution not having a system account, the mobile app being adapted to communicate electronically with the destination ATM of the non-participating financial institution; the non-participating financial institution in the destination country verifying the presence of sufficient funds in the user sub-account; the non-participating financial institution in the destination country dispensing the destination currency only after the presence of sufficient funds in the user sub-account has been verified; and the system provider debiting the destination currency from the system account in the destination country and reimbursing the non-participating financial institution in the destination currency from the system account of the at least one financial institution in the destination country; and the at least one of the plurality of users has remaining amounts of the destination currency; and the at least one of the plurality of users requesting to convert the remaining amounts of the destination currency into the amount of virtual home tokens equal in value to the amount of destination currency. The limitations are directed to commercial interactions (currency exchange – business relations). Hence, they fall within the “Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements such as, an ATM, a financial institution, a currency exchange system, a mobile app to perform receiving, processing. The generic computer components are recited at a high-level of generality (establishing, determining, requesting) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Next the claim as a whole is analyzed to determine whether any element, or combination of elements, is sufficient to ensure the claim amounts to significantly more than an abstract idea. Claims 1, 9, 16 do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of at least a computing device to perform receiving and identifying data are merely additional elements performing the abstract idea on a generic device i.e., abstract idea and apply it. There is no improvement to computer technology or computer functionality MPEP 2106.05(a) nor a particular machine MPEP 2106.05(b) nor a particular transformation MPEP 2106.05(c). Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) see MPEP 2106.05(d). Thus, the claim is not patent eligible.
The dependent claims have been given the full two part analysis (Step 2A – 2-prong tests and step 2B) including analyzing the additional limitations both individually and in combination. The Dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because for the same reasoning as above and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. The additional limitations of the dependent claim(s) when considered individually and as ordered combination do not amount to significantly more than the abstract idea.
Claims 2, 10 and 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) inputting secured information to initiate transfer. This judicial exception is not integrated into a practical application because the limitations are Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (such as the mobile application, users, a country, financial institutions, a currency) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea.
Claims 3 and 11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) prestaging transaction in the foreign country. This judicial exception is not integrated into a practical application because the limitations are Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (such as users, a destination country, an ATM, a financial institution, a user-sub account, a financial institution) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea.
Claims 4 and 12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) verifying identity of the users. This judicial exception is not integrated into a practical application because the limitations are Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (such as users, a destination country, an ATM, a financial institution, a user-sub account, a financial institution) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea.
Claims 5, 13 and 18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) restricting transferring tokens to plurality of users. This judicial exception is not integrated into a practical application because the limitations are Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (such as tokens, users) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea.
Claims 6, 14 and 19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) requesting list of countries for pre-staging transfer. This judicial exception is not integrated into a practical application because the limitations are Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (such as destinations, users) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea.
Claims 7, 15 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) restricting one kind of foreign currency. This judicial exception is not integrated into a practical application because the limitations are Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (such as currencies, destination countries) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea.
Claim 8 is rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim(s) recite(s) converting back foreign currency back to home currency. This judicial exception is not integrated into a practical application because the limitations are Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). The claim(s) does/do not include additional elements (such as destination currencies, users, tokens) that are sufficient to amount to significantly more than the judicial exception because the limitations are adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea.
Therefore, claims 1-20 are rejected under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US 2003/0024979 A1) in view of Bondesen et al. (US 2015/0254770 A1) in further view of Chinnalagu (US 10,825,449 B1) in further view of Snow, (WO 2005/088511 A1).
Claim 1 is disclosed: Hansen teaches: a method of facilitating the dispensing of destination currency from a destination ATM to a user traveling to a destination country, comprising the steps of: establishing a currency exchange system controlled by a system provider (Hansen, see at least par. [0079] “. . . For example, a U.S. resident may decide to travel to several countries during a business trip and may need to obtain local currencies in each of those countries. In so doing, the traveler may not want to receive or convert to the local currency too much of all of their funds at a time. To facilitate such a need, the invention permits travelers to send money to themselves (or another traveler) prior to (or even after) departure. This money may be picked up in the currency of their destination(s). Such a process facilitates the transfer of the traveler's funds for convenient withdrawal in limited or convenient increments during their travel, and in the local currency.”) the facilitation of a foreign currency is performed;
the at least one of the plurality of users, once in the destination country, requesting an amount of destination currency, the mobile app being adapted to communicate electronically with the destination ATM (Hansen, see at least par. [0090] “. . . transmit to the payout computer the amount of principal remaining for withdrawal. Upon selection of a payment amount, this information is transmitted back to the host for the calculation of any fees and to perform a currency conversion (although some of all of these tasks may be performed at the payout computer) . . .”) the foreign currency is requested;
the financial institution in the destination country verifying the presence of sufficient funds in the user sub-account (Hansen, see at least par. [0117] “. . . This information may then be transmitted to the host computer system in a manner similar to that discussed in other embodiments. An account associated with the payment instrument may be evaluated to insure that sufficient funds are available to pay the bill. For example, the host computer system may perform a pre-authorization step by evaluating a checking account, a savings account, a credit ca