DETAILED ACTION
This action is in reply to the amendment filed on 09/16/2025
Claim 20 has been canceled.
Claim 15 was previously canceled.
Claims 1, 4, 5, 7, 10, 12-14, 16, 18, 19, 21 have been amended.
Claim 22 has been added.
Claims 1-14 and 16-19, 21-22 have been examined.
A Terminal Disclaimer was filed on 05/15/2025.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
A Terminal Disclaimer was filed on 05/15/2025 between the instant application and the Patent No. 11966906. Therefore, the double patenting rejection is withdrawn.
With regard to the 112 rejection, the applicant has amended the independent claims and removed the “not natively” language. Similarly, the applicant also amended claim 7 and deleted out the “not natively associated with” language. Furthermore, the applicant asserted that these claims “are supported by the specification and are not indefinite in view of the specification” (pg. 13). Given the claims have been amended with sufficient clarity, the 112(a) and 112(b) rejections are withdrawn.
With regard to the 101 rejection, the arguments have been considered but they are not persuasive. the Applicant asserted in page 17 that “the claims reflect this technical improvement, for instance because an ‘integration between the transfer platform and the executable element,’ such as an API or operating system element, allows the transfer platform to access ‘user activity data . . .’. Accordingly, Applicant respectfully submits that the claims cover ‘a particular solution to a problem or a particular way to achieve a desired outcome . . .”. However, “accessing the user profile . . . via an API or an operating system element . . ..” is not a technical improvement. Rather, the idea is to leverage an existing platform to access the data. Hence, the limitations are not indicative of integration into a practical application: 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).
Similarly, the applicant asserted in step 2B that “additional elements recited in a claim can show that claim includes ‘significantly more’ than an identified abstract idea . . .” (pg. 18). However, the limitations are not indicative of an inventive concept (aka “significantly more”): 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).
Therefore, the claim is not patent eligible under 35 U.S.C. 101.
The Examiner noted that the “may/must” language have been removed as well as the claim as a whole has been amended.
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 1-14 and 16-19, 21-221 are directed to one of the system, method, or product, and thus, which are one of the statutory categories of invention. (step 1: Yes).
Claims 1-14 and 16-19, 21-22 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. Claims 1-20 are directed to an abstract idea in the Certain Methods of Organizing Human Activity grouping. 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 conventional computer functions that do not add meaningful limits to practicing the abstract idea.
Claims 1, 10, and 16 are grouped together. Claim 1, for instance, recites A computing system, comprising: one or more processors; and memory storing computer-executable instructions associated with a transfer platform that, when executed by the one or more processors, cause the one or more processors to: generate user profile data, based on selections associated with a user and a transfer campaign corresponding to the user, defining: an activity type associated with a function of an executable element that is different from the transfer platform and is executed via the computing system or a second computing system, wherein: the activity type and the function of the executable element are, apart from the user profile data, otherwise unrelated to the transfer campaign; an activity value per individual unit of the activity type; a source account identifier; and a destination account identifier; access, based on the user profile data, and from the executable element via an integration between the transfer platform and the executable element that comprises at least one of an Application Programming Interface (API) or an operating system element, user activity data associated with the function of the executable element; determine, based on the user activity data, an amount of units, of the activity type defined in the user profile data, that the user has engaged in during a period of time via input associated with the function of the executable element; determine a transfer amount, associated with the transfer campaign and the period of time, based on: the amount of units, of the activity type, indicated by the user activity data; and the activity value, per the individual unit of the activity type, defined by the user profile data; and cause the transfer amount to be transferred from a source account associated with the source account identifier to a destination account associated with the destination account identifier. The limitations recite concept of fund transferring or donating based on social media activities – commercial interactions- in Certain Methods of Organizing Human Activity. This judicial exception is not integrated into a practical application.
In particular, the claim only recites additional elements such as a computing system, a second computing systems, one or more processors, memory storing computer-executable instructions, one or more non-transitory computer-readable media storing computer-executable instructions, a transfer platform a network, a transfer campaign, an application programming interface (API) to perform transferring, receiving, determining. The generic computer components are recited at a high-level of such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an 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, 10, and 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. MPEP 2106.05(f). 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). 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, 3, 11, 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) concept such as engaging in activity. 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 a computing system, one or more non-transitory computer-readable media) 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 - see MPEP 2106.05(f).
Claims 4, 5, 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) additional elements such as receiving data over network. 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 a second computing system, computing system, a user device, a network) 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 - see MPEP 2106.05(f).
Claim 6, 7 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) defining activity type and transfer amount. 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 a second computing system, computing system, one or more processor, a non-transitory computer-readable media) 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 - see MPEP 2106.05(f).
Claims 8, 9 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) concept of selecting a campaign to donate. . 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 a second computing system) 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 - see MPEP 2106.05(f).
Claims 12, 14 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) a process causing transfer first and second portion from the donor to charity and destination account associated with the campaign or charities. 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 a second computing system, a computing system) 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 - see MPEP 2106.05(f).
Claim 13 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) concept of engaging in the amount for an activity type. 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 a second computing system, a network, an external platform) 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 - see MPEP 2106.05(f).
Claim 18 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) concept of defining activity data. 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 a computing system, a user device, non-transitory computer readable media) 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 - see MPEP 2106.05(f).
Claim 21 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) concept of engaging in the amount for an activity type. 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 a computing system) 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 - see MPEP 2106.05(f).
Claim 22 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) addition elements such as keystrokes and other elements to input the data. 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 keystrokes, emails, text messages, miles driven, steps taken, voice) 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 - see MPEP 2106.05(f).
Therefore, Claims 1-14 and 16-19, 21-22 are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
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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/TOAN DUC BUI/Examiner, Art Unit 3693
/ELIZABETH H ROSEN/Primary Examiner, Art Unit 3693