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
The following Non-Final office action is in response to application filed on 03/20/2024.
Priority Date: Prov.(03/20/2023)-FOR(05/10/2023)
Claim Status:
Pending claims : 1-16
Claim Objections
Claim 12-14 are objected to because of the following informalities: Claims 12-14 are methods dependent from system claim 5. Appropriate correction is required.
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 1-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
In particular, claims are directed to a judicial exception (Abstract idea) without significantly more.
When considering subject matter eligibility under 35 U.S.C. 101, (Step-1) it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. (Step-2A) If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so, (Step-2B) it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself.
Examples of abstract ideas grouping include: (a) Mental processes; (b) Certain methods of organizing human activities [ i. Fundamental Economic Practice; ii. Commercial or Legal Interaction; iii. Managing Personal behavior or Relations between People]; and (c) Mathematical relationships/formulas. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. (2014).
Analysis is based on the 2019 Revised Patent Eligibility Guidance (2019 PEG)-(see MPEP § 2106.04(II) and 2106.04(d).
[Step-1] The claims are directed to a method/system/machine, which are a statutory category of invention.
Claim 11 (exemplary) recites a series of steps for virtual display of money gifts at events.
[Step-2A]-Prong 1:The claim 11 is then analyzed to determine whether it is directed to a judicial exception:
The claim recites the limitations of:
Selecting a total amount for a money gift;
Selecting a denomination unit of said money gift;
Transferring funds in the total amount of said money gift to a gift delivery application from a financial account of a gift giver;
Calculating a number of release actions by dividing said total amount for said money gift by said denomination unit of said money gift;
Performing at least one said release action to deplete a denomination unit of said money gift from said total amount for said money gift, wherein said release action automatically activates a simultaneous visualization of said release action with a visual light effect visible to said gift recipient;
Repeating said release actions until the number of release actions is equivalent to the value generated by dividing said total amount for said money gift by said denomination unit of said money gift;
Terminating said release actions at a point in time wherein said remaining amount of money gift is less than said denomination unit; and
Transferring funds from said gift delivery application to a bank account of said gift recipient.
The claimed method/system/machine simply describes series of steps for virtual display of money gifts at events.
These limitations, as drafted, are processes that, under its broadest reasonable interpretation, covers performance of the limitations via human commercial or business or transactional activities/interactions, but for the recitation of generic computer components. That is, other than reciting one or more servers/processors, devices and computer network nothing in the claim precludes the limitations from practically being performed by organizing human business activity. For example, without the structure elements language, the claim encompasses the activities that can be performed manually between the users and a third party. These limitations are directed to an abstract idea because they are business interaction/sale activity that falls within the enumerated group of “certain methods of organizing human activity” in the 2019 PEG.
[Step-2A]-Prong 2:
Next, the claim is analyzed to determine if it is integrated into a practical application. The claim recites additional limitation of using one or more servers/processors, devices and computer network to perform the steps. The processor in the steps is recited at a high level of generality, i.e., as a generic processor performing a generic computer function of processing data. This generic processor limitation is no more than mere instructions to apply the exception using 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. The claim is directed to the abstract idea.
[Step-2B]
Next, the claim is 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 above, the recitation of the claimed limitations amounts to mere instructions to implement the abstract idea on a processor (using the processor as a tool to implement the abstract idea). Taking the additional elements individually and in combination, the processor at each step of the process performs purely generic computer functions. As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application. The same analysis applies here, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at or provide an inventive concept.
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 claim does not amount to significantly more than the recited abstract idea, and the claim is not patent eligible.
The analysis above applies to all statutory categories of invention including independent claims 1, and 16.
Furthermore, the dependent claims 2-10 and 12-15 do not resolve the issues raised in the independent claims.
The dependent claims 2-10 and 12-15 are directed towards:
Using in claims (2-10, 12-15), cellular phone, tablet, and personal computer; network interface module; replicas of money gifts; magnetized money replicas; checking account, savings account, Stripe, PayPal, Western Union, Zelle, Venmo, CashApp, digital wallets and any similar funds transfer system; swipe screen, push button, pull trigger, lever, switch, or other gestures of selection; lasers, lights, and images of said money gifts; organic light emitting diodes and quantum light emitting diodes; wedding, birthday, homegoing, funerals, and parties; swipe, push button, pull trigger, lever, switch, or other physical gestures of selection; images of money, lasers; magnetized faux paper money, non-magnetized faux paper money, and faux paper money with retractable string.
These limitations are also part of the abstract idea identified in claim 11, and are similarly rejected under same rationale.
Accordingly, the dependent claims 2-10 and 12-15 are rejected as ineligible for patenting under 35 U.S.C. 101 based upon the same analysis.
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 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 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 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over ILESEMI (WO 2022/074,546 A1), in view of McClung (US 2016/0162882 A1).
Ref claim 1, ILESEMI discloses a system for the virtual display of money gifts at events comprising (Abstract; via a device to drive live monetization, live payment and live donations for the entertainment and other kind of live events…creating a live video streaming production…transacting business and interacting more remotely…restricting people from movement…):
A personal computing device (page-3;para 15; via the user use their smartphone or similar mobile computer to ensure that the transaction connects to the correct content producer e-wallet, via the use of a dedicated software application …for the user…);
A gift visualization computer application (page-3; para 15; via the user use mobile computer to ensure that the transaction connects to the correct content producer e-wallet, via the use of a dedicated software application …), configured to:
Associate a money gift transferred into said computer application with a specific event (page-3; para 15; via the user … to ensure that the transaction connects to the correct content producer e-wallet, via the use of a dedicated software application …);
Identify an amount of said money gift as input by first user, Identify a denomination unit as input by a first user (page -2; para 5; via according to a first aspect of the invention, a device for digitization of an act of money spraying to drive live monetization and live payments for live and online entertainment and event services and contents, comprising: a transaction trigger input; a display screen configured to display a transactional value to be authorized by the user during an act of money spraying;…a currency type/amount/transactional value; a wireless communications means communicable with third-party devices [implied second user device]…; and a processor configured to validate a transfer of the said transactional value…);
[[Verify that said amount of said money gift is present in a digital wallet of said first user, Transfer said amount of said money gift to a digital wallet of said second user]];
calculate a number of release actions by dividing said amount of said money gift by said denomination unit, Reduce said amount of said money gift by said denomination unit for each release action; display a single visualization of said denomination unit for each element of said number of release actions, reducing said number of release actions by one for each of said visualizations until said number of release actions depletes to zero (page-2; para 20; via the device … comprise at least one of a currency selection button and denomination selection button for selecting pre-loaded data of currency and/or denomination button and a denomination selection button for selecting pre-loaded data of currencies and/or denomination stored in the memory storage element [implied-number of release action depletes to zero]…);
Terminate activity when the remaining amount of said money gift is less than said denomination unit or the number of remaining release actions is zero; and Transfer the total money gifts received by said second user in said digital wallet to an account of said second user (page-2; para 25; via the device may further comprise a switch for selectable activation or deactivation of the wireless communications means [implied-Terminate activity/release action is zero]…); and
A visual exhibition system of said money gifts (page -2; para 5; via according to a first aspect of the invention, a device for digitization of an act of money spraying to drive live monetization and live payments for live and online entertainment and event services and contents, comprising: a transaction trigger input; a display screen configured to display a transactional value to be authorized by the user during an act of money spraying [implied- a visual exhibition of system of money gifts];…a currency type/amount/transactional value; a wireless communications means communicable with third-party devices [implied second user device]…).
ILESEMI does not explicitly disclose the step to Verify that said amount of said money gift is present in a digital wallet of said first user, Transfer said amount of said money gift to a digital wallet of said second user.
However, McClung being in the same field of invention discloses the step to Verify that said amount of said money gift is present in a digital wallet of said first user, Transfer said amount of said money gift to a digital wallet of said second user (Abst. fig. 1; via Methods and System for facilitating a choice by a consumer of a plurality of eWallet of …digital money of virtual currency providers…[0145]; via Such wedding funding/ for gifts…).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the features mentioned by ILESEMI to include the disclosures as taught by McClung to facilitate online money gifts for wedding events.
Ref claim 2), ILESEMI discloses the system for the virtual display of money gifts at events of claim 1, wherein said personal computing device may be selected from the group consisting of: cellular phone, tablet, and personal computer (page-3;para 15; via the user use their smartphone or similar mobile computer to ensure that the transaction connects to the correct content producer e-wallet, via the use of a dedicated software application …for the user…).
Ref claim 3), ILESEMI discloses the system for the virtual display of money gifts at events of claim 2, wherein said visual exhibition system of said money gifts is further comprised of: said gift visualization computer application connected to a power and control module, said power and control module connected to said network interface module for a user, said network interface module connected to a money gift dispenser (page-8; para 10; via according to further aspect of the invention…comprising: channeling live video…e-wallet live video streaming application … to pay [spray] money …that act of money spraying.).
Ref claims (4-5), ILESEMI discloses the system for the virtual display of money gifts at events of claim 3, wherein said money gift dispenser is further comprised of: a storage compartment for replicas of said money gifts, a device for releasing said money replicas of said money gifts from said money gift dispenser, and a device for returning said money replicas of said money gifts to said money gift dispenser, wherein said device for releasing said money replicas of said money gifts from said money gift dispenser is comprised of magnetized money replicas, wherein said device for returning said money replicas of said money gifts to said money gift dispenser contains additional magnetic properties for the attraction of said magnetized money replicas to said money gift dispenser (page-8; para 10; via according to further aspect of the invention…comprising: channeling live video…e-wallet live video streaming application … to pay [spray] money …that act of money spraying…).
Ref claims (6-7), ILESEMI discloses the system for the virtual display of money gifts at events of claim 3, wherein said account is maintained outside said system for virtual display of money gifts, wherein said account is selected from the group consisting of: checking account, savings account, Stripe, PayPal, Western Union, Zelle, Venmo, Cash App, digital wallets and any similar funds transfer system, wherein said release action is selected from the group consisting of swipe screen, push button, pull trigger, lever, switch, or other gestures of selection (page-8; para 10; via according to further aspect of the invention…comprising: channeling live video…e-wallet live video streaming application … to pay [spray] money …that act of money spraying…).
Ref claims (8-9), ILESEMI discloses the system for the virtual display of money gifts at events of claim 1, wherein said visual exhibition system of said money gifts is further comprised of: said gift visualization computer application connected to a power and control module, said power and control module connected to said network interface module for a user, said network interface module controls the output of said visual exhibition system, wherein said output of said visual exhibition system is further selected from the group consisting of lasers, lights, and images of said money gifts, wherein said lights are further selected from the group consisting of organic light emitting diodes and quantum light emitting diodes (page-8; para 10; via according to further aspect of the invention…comprising: channeling live video and audio files through the e-wallet supported live video streaming application … to pay [spray] money …via the application that act of money spraying…).
Ref claim 10), ILESEMI discloses the system for the virtual display of money gifts at events of claim 1, wherein said events are further selected from the group consisting of: wedding, birthday, homegoing, funerals, and parties (page -2; para 5; via according to a first aspect of the invention, a device for digitization of an act of money spraying to drive live monetization and live payments for live and online entertainment and event services…).
Claim 11) recites similar limitations to claim 1 and thus rejected using the same art and rationale in the rejection of claim 1 as set forth above.
Ref claim 12), ILESEMI discloses the method of transferring a money gift to a gift recipient of Claim 5, wherein said release action is selected from the group consisting of swipe, push button, pull trigger, lever, switch, or other physical gestures of selection (page-2; para 20; via the device … comprise at least one of a currency selection button and denomination selection button for selecting pre-loaded data of currency and/or denomination button and a denomination selection button for selecting pre-loaded data of currencies…).
Ref claim 13), ILESEMI discloses the method of transferring a money gift to a gift recipient of Claim 5, wherein said visualization is selected from the group consisting of: images of money, lasers, organic light emitting diodes and quantum light emitting diodes (page-8; para 10; via according to further aspect of the invention…comprising: channeling live video and audio files through the e-wallet supported live video streaming application … to pay [spray] money …via the application that act of money spraying…).
Ref claim 14), ILESEMI discloses the method of transferring a money gift to a gift recipient of Claim 5, wherein said visualization is selected from the group consisting of: magnetized faux paper money, non-magnetized faux paper money, and faux paper money with retractable string (page-8; para 10; via according to further aspect of the invention…comprising: channeling live video and audio files through the e-wallet supported live video streaming application … to pay [spray] money …via the application that act of money spraying [implied-faux paper money]…).
Ref claim 15), ILESEMI discloses the system of claim 3, wherein said light emitting diode may be selected from the group consisting of: organic light emitting diodes and quantum light emitting diodes (page -2; para 5; via according to a first aspect of the invention, a device for digitization of an act of money spraying to drive live monetization and live payments for live and online entertainment and event services and contents, comprising: a transaction trigger input; a display screen configured to display a transactional value to be authorized by the user during an act of money spraying [implied- light emitting…].
Claim 16) recites similar limitations to claim 1 and thus rejected using the same art and rationale in the rejection of claim 1 as set forth above.
CONCLUSION
The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure.
Schneider (US 2017/0098284 A1) discloses System for…facilitating related purchases…social network.
Franklin et al (US 20160196584 A1) discloses Techniques for Context Sensitive Overlays.
Gupta et al (WO 2022056338 A1) discloses System and Method for Real Life Interactive Experience between Event Participants in a Virtual Gathering.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HATEM M. ALI whose telephone number is (571) 270-3021, E-mail: Hatem.Ali@USPTO.Gov and FAX (571)270-4021. The examiner can normally be reached Monday-Friday from 8:00 AM to 6:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ABHISHEK VYAS can be reached on (571) 270-1836. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HATEM M ALI/
Examiner, Art Unit 3691
/ABHISHEK VYAS/Supervisory Patent Examiner, Art Unit 3691