DETAILED ACTION
Status of Claims
1. This office action is in response to RCE filed 1/13/2026.
2. Claims 1-20 are pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/13/2026 has been entered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20
Claims 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.
Step 1: Claims 1-9, 15-20 are directed to a device (system); claims 10-14 are directed to method – each of which is one of the statutory categories of inventions.
Step 2A: A claim is eligible at revised Step 2A unless it recites a judicial exception and the exception is not integrated into a practical application of the application.
Prong 1: Prong One of Step 2A evaluates whether the claim recites a judicial exception (an abstract idea enumerated in the 2019 PEG, a law of nature, or a natural phenomenon).
Groupings of Abstract Ideas:
I. MATHEMATICAL CONCEPTS
A. Mathematical Relationships
B. Mathematical Formulas or Equations
C. Mathematical Calculations
II. CERTAIN METHODS OF ORGANIZING HUMAN ACTIVITY
A. Fundamental Economic Practices or Principles (including hedging, insurance, mitigating risk)
B. Commercial or Legal Interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations)
C. Managing Personal Behavior or Relationships or Interactions between People (including social activities, teaching, and following rules or instructions)
III. MENTAL PROCESSES.
Concepts performed in the human mind (including an observation, evaluation, judgment, opinion).
See MPEP 2106.04 (a) (2) Abstract Idea Groupings [R-10.2019]
Independent claim 1, 10 and 15 recite the limitations – initiate, at the [first client device], an [instance of an application] associated with a data transaction; obtain, by the application transfer system, a request to transmit the instance of the application to [a second client device]; output, for display at the [first client device] and prior to transmitting the [instance of the application] to [the second client device], a message indicating a stored balance associated with a payment service fails to satisfy a threshold value associated with the data transaction; detect, by the [application transfer system], that the stored balance is updated to satisfy the threshold value: determine, by the [application transfer system], that [the second client device] belongs to an established group of devices comprising the [first client device] and the second client device: and transmit, by the [application transfer system] in response to the stored balance being updated to satisfy the threshold value and in response to the [second client device] belonging to the established [group of devices], the [instance of the application] to the [second client device] – that constitutes Commercial/Legal Interactions and/or Managing Interactions between People and hence fall under the abstract idea grouping of Certain Methods of Organizing Human Activity.
The dependent claims further limit the abstract idea to – the transaction is a purchase transaction; request authorization of second device to initiate data transaction; obtain user input authorizing the user of the second device to initiate transaction; determine that value of transaction is less than account balance; deducting value from the balance while executing the transaction; payment service fails to satisfy threshold based on expiry of timer – that also constitute Certain Methods of Organizing Human Activity.
Hence under Prong One of Step 2A, claims 1-20 recite a judicial exception.
Prong 2: Prong Two of Step 2A evaluates whether the claim recites additional elements that integrate the judicial exception into a practical application of the exception.
Limitations that are indicative of integration into a practical application include:
Improvements to the functioning of a computer or to any other technology or technical field – see MPEP 2106.05(a)
Applying the judicial exception with, or by use of, a particular machine – see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing – see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception – see MPEP 2106.05(e)
Limitations that are not indicative of integration into a practical application include:
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)
Adding insignificant extra-solution activity to the judicial exception – see MPEP 2106.05(g)
Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Additional elements recited by the claims, beyond the abstract idea, include: a first client device comprising one or more processors and memory; a second client device; instantiate an instance of an application associated with a data transaction; an application transfer system; user interface. Examiner finds that any additional element(s), beyond the judicial exception, has been recited at a high level of generality such that the claim limitations – initiate, obtain, output, transmit – amount to no more than mere instructions to apply the exception using generic components (see MPEP 2106.05(f)) or insignificant data gathering activities (see MPEP 2106.05(g) (“all uses of the recited judicial exception require such data gathering or data output”)).
The combination of additional elements does not purport to improve the functioning of a computer or effect an improvement in any other technology or technical field. Instead, the additional elements do no more than “use the computer as a tool” and/or “link the use of the judicial exception to a particular technological environment or field of use.” The focus of the claims is not on improvement in computers, but on certain independently abstract ideas – receive a request to transmit an application to a second device; determine that the account balance fails to satisfy a threshold associated with a transaction; upon determining that the account balance has been updated to satisfy threshold, determine that the second device belongs to an established group of devices; send the application associated with the transaction to a second client device – that merely uses generic computers as tools. Steps that do no more than spell out what it means to “apply it on a computer” cannot confer patent eligibility. Indeed, nothing in claim 1 improves the functioning of the computer, makes it operate more efficiently, or solves any technological problem. See Trading Techs. Int’l, Inc. v. IBG LLC, 921 F.3d 1378, 1384-85 (Fed. Cir. 2019).
Therefore, the additional elements, where considered individually and in combination, do not integrate the judicial exception into a practical application.
Hence, the claims are ineligible under Step 2A.
Step 2B: In Step 2B, the evaluation consists of whether the claim recites additional elements that amount to an inventive concept (aka “significantly more”) than the recited judicial exception.
As discussed in Prong Two, the additional elements in the claims amount to no more than mere instructions to apply the exception using generic components, which is insufficient to provide an inventive concept.
When considered individually or as an ordered combination, the additional elements fail to transform the abstract idea of – receive a request to transmit an application to a second device; determine that the account balance fails to satisfy a threshold associated with a transaction; upon determining that the account balance has been updated to satisfy threshold, determine that the second device belongs to an established group of devices; send the application associated with the transaction to a second client device – into significantly more.
See MPEP 2106.05(f) Mere Instructions To Apply An Exception [R-10.2019].
(2) Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more.
Hence, the claims are ineligible under Step 2B.
Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to a judicial exception without significantly more.
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.
Claims 1-4, 7, 9-13, 15-17 19
Claims 1-4, 7, 9-13, 15-17, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Goldsmith et al. (US20170054767A1) in view of Hanson (US20140067654A1).
Claim 1:
A first client device comprising:
at least one memory; and
one or more processors coupled with the at least one memory configured to cause the first client device to:
initiate, at the first client device, an instance of an application associated with a data transaction;
(See Goldsmith: Para [0030] (“As depicted in FIG, 2, when information is stored or updated by a first instance 204 of an application, a state object 206 may automatically mirrored, stored or updated at server 103.”)
obtain, by the application transfer system, a request to transmit the instance of the application to a second client device;
(See Goldsmith: Para [0036] (“For example, server 103 may receive a request from device 101 to open second instance 208 on device 102 based on state object 206 from first instance 204 on device 101. In this regard, user 106, operating device 101, may transfer of state object 206 to device 102 and initiate generation of the remote instance.”)
output, for display at the first client device and prior to transmitting the instance of the application to the second client device, a message indicating a stored balance associated with a payment service fails to satisfy a threshold value associated with the data transaction;
(See Hanson: Para [0043] (“In particular embodiments, device 114 may be configured to present balance notifications and alerts. For example, user 112 may configure device 114 to present a balance alert whenever a balance of a checking account of user 112 falls below a particular threshold. When device 114 detects that the balance of the checking account is below the threshold, device 114 may update the display 200 to present an alert to the user 112 indicating that the user should transfer funds to the checking account. User 112 may then use device 114 to quickly transfer funds to the checking account. In this manner, user 112 may be quickly notified of low balances and quickly remedy the low balances by transferring funds. For example, device 114 may be configured to present a balance alert whenever a checking account of user 112 falls below $20. When device 114 detects that the checking account has fallen below $20, the device may present an alert to user 112. Device 114 may additionally vibrate or make a sound in order to make user 112 aware of the alert. User 112 may respond to the alert by using device 114 to transfer a balance to his checking account.”)
detect, by the application transfer system, that the stored balance is updated to satisfy the threshold value;
(See Hanson: Para
[0014] (“Generally, a user 112 may use device 114 to electronically transfer balances between accounts. Device 114 provides an interface through which user 112 can select two accounts and an amount of money to transfer between the two accounts. The user 112 can make this selection by touching or swiping a touchscreen of device 114. When device 114 detects the touch or swipe, it can determine whether the user 112 has sufficient funds in the accounts to perform the balance transfer. For example, if user 112 indicates that he wants to transfer $50 from an account that only has $25 in it, device 114 may deny the transfer. If there are sufficient funds, device 114 may initiate the transfer of funds by communicating with a server 110 that maintains the accounts.”)
[0033] (“When mobile device 114 detects that user 112 has swiped over a particular transfer amount 235, mobile device 114 may determine that the first account has sufficient funds to be transferred to the second account. For example, if mobile device 114 detects the user has selected to transfer $100 from a first account that only contains $75, then mobile device 114 may deny the transfer. Mobile device 114 may further update display 200 to indicate that the transfer was denied due to insufficient funds. However, if mobile device 114 determines that there are sufficient funds to transfer the selected transfer amount 235 from the first account to the second account, mobile device 114 may communicate a message 180 to server 110 to initiate the transfer.”)
[0047] (“If there are sufficient funds, mobile device 114 may continue to step 735 to initiate the transfer. As an example and not by way of limitation, mobile device 114 may communicate a message 180 to server 110 through network 120 to initiate the transfer. Mobile device 114 may then conclude in step 740 by receiving a confirmation message 170 indicating the transfer succeeded. In particular embodiments, mobile device 114 may receive the confirmation message 170 from server 110 through network 120.”)
determine, by the application transfer system, that the second client device belongs to an established group of devices comprising the first client device and the second client device; and
(See Goldsmith: Para [0041] (“User interface 108, when activated, may display an enumeration 308 of devices linked to user account 105. Enumeration 308 may be determined, e.g., based on device information provided by server 103. For example, when user interface 108 is activated, user interface 108 may send a request to server 108 for the device information, and server 103 may return the device information, including enumeration 308 to user interface 108. In this regard, the devices of enumeration 308 may be limited to devices that were previously registered with user account 105. Once enumeration 308 is displayed, the user may select one or more devices (e.g., “Dev 2” of FIG. 3) from enumeration 308 to view applications operating on the selected device(s). In response to the selection, user interface 108 may request, and server 103 may provide, an application enumeration 310 of applications operating on the selected computing device.”)
transmit, by the application transfer system in response to the stored balance being updated to satisfy the threshold value and in response to the second client device belonging to the established group of devices, the instance of the application to the second client device.
(See Goldsmith: Fig. 4)
Therefore, it would have been obvious to a person having ordinary skills in the art before the effective filing date of the invention to modify the above noted disclosure of Goldsmith as it relates to transferring application between devices to include the above noted disclosure of Hanson as it relates to electronic balance transfer. The motivation for combining the references would have been to receive on mobile device account transfer object from server.
Claim 10 is similar to claim 31 and hence rejected on similar grounds.
Claim 2:
wherein to detect that the stored balance is updated to satisfy the threshold value, the one or more processors are configured to receive an indication that the stored balance is updated to satisfy the threshold value;
(See Hanson: Para [0014], [0033])
Claim 11 is similar to claim 2 and hence rejected on similar grounds.
Claim 3:
receive an indication of a maximum value associated with the stored balance, and wherein the maximum value satisfies the threshold value.
(See Hanson: Para [0014])
Claim 12 is similar to claim 3 and hence rejected on similar grounds.
Claim 4:
output an additional message requesting authorization of the second client device to initiate the data transaction via the instance of the application; and
obtain, in response to the additional message, user input authorizing the second client device to initiate execution of the data transaction via the instance of the application.
(See Goldsmith: Para [0036])
Claim 13 is similar to claim 4 and hence rejected on similar grounds.
Claim 7:
wherein the data transaction comprises a payment transaction associated with a purchase of at least one item via the instance of the application, and wherein the data transaction is associated with a value that satisfies the threshold value.
(See Hanson: Para [0017])
Claim 9:
receive, via the instance of the application, a request to execute the data transaction, and wherein the value is deducted from the stored balance based at least in part on executing the data transaction.
(See Hanson: Para [0017])
Claim 17 is similar to claim 9 and hence rejected on similar grounds.
Claim 15:
A first client device comprising:
an application transfer system;
(See Goldsmith: Figs. 2, 3)
one or more processors; and
one or more memory configured to cause the one or more processors to:
receive, by the application transfer system from a second client device, an instance of an application initiated at the second client device, wherein: the application is associated with a data transaction;
(See Goldsmith: Fig. 4)
the application is received in response to a stored balance associated with a payment service being updated to satisfy a threshold value and the application is received in response to the first client device belonging to an established group of devices comprising the first client device and the second client device: and
(See Goldsmith: Para [0041] (“User interface 108, when activated, may display an enumeration 308 of devices linked to user account 105. Enumeration 308 may be determined, e.g., based on device information provided by server 103. For example, when user interface 108 is activated, user interface 108 may send a request to server 108 for the device information, and server 103 may return the device information, including enumeration 308 to user interface 108. In this regard, the devices of enumeration 308 may be limited to devices that were previously registered with user account 105. Once enumeration 308 is displayed, the user may select one or more devices (e.g., “Dev 2” of FIG. 3) from enumeration 308 to view applications operating on the selected device(s). In response to the selection, user interface 108 may request, and server 103 may provide, an application enumeration 310 of applications operating on the selected computing device.”)
output, for display at the first client device, the instance of the application.
(See Hanson: Fig. 6)
Claim 16:
obtain, via an interactable element of a user interface displaying the instance of the application, a request to execute the data transaction, wherein the data transaction comprises a payment transaction associated with a purchase of at least one item via the instance of the application, and wherein the data transaction is associated with a value;
execute the data transaction based on the request; and
transmit, to the second client device, a message that indicates confirmation of the data transaction.
(See Hanson: Para [0047])
Claim 19:
wherein to transmit the message, the one or more processors are further configured to determine that the value associated with the data transaction is less than or equal to the stored balance.
(See Hanson: Para [0014])
Claims 5, 6, 8, 14, 18, 20
Claims 5, 6, 8, 14, 18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Goldsmith et al. (US20170054767A1) in view of Hanson (US20140067654A1) further in view of Dolan et al. (US 20240013190).
Claim 5:
The combination of Goldsmith + Hanson describes but does not specifically disclose:
wherein to obtain the request, the one or more processors are further configured to obtain, via at least one of an interactable element of a user interface displayed at the first client device or a sensor of the first client device, user input that indicates the request to transmit the instance of the application.
However, Dolan teaches the above limitation:
(See Dolan: Para [0064])
Therefore, it would have been obvious to a person having ordinary skills in the art before the effective filing date of the invention to modify the combination of Goldsmith + Hanson to include Dolan as it relates to peer to peer transactions. The motivation for combining the references would have been to verify app transfer via activity log.
Claim 14 is similar to claim 5 and hence rejected on similar grounds.
Claim 6:
wherein to transmit the instance of the application, the one or more processors are further configured to detect expiry of a timer associated with the message, and wherein the timer is initiated based on outputting the message.
(See Dolan: Para [0053])
Claim 8:
wherein the one or more processors are further configured to output, for display at the first client device, an additional message requesting authorization to execute the data transaction based on the value exceeding a maximum value for the data transaction associated with the second client device.
(See Dolan: Para [0068])
Claim 18:
wherein to transmit the message, the one or more processors are further configured to determine that a user of the first client device is authorized to initiate the data transaction via the instance of the application.
(See Dolan: Para [0068])
Claim 20:
wherein the instance of the application is received based on expiry of a timer associated with a message indicating the stored balance fails to satisfy the threshold value.
(See Dolan: Para [0053])
Prior Art
Relevant Prior Art not relied upon but made of record
US20130046893 System and method for transfer of an application state between devices
US20170168796 Method and electronic apparatus for transferring application program from pc to mobile apparatus
WO2018153357A1 Application instance relocation
US20130080525 Systems and methods for transferring application state between devices based on gestural input
US20180270647 Transferring information to a mobile device
US20070067426 Computer implemented methods for transferring files from a development environment to target mobile devices
US20240036931 Transferring Applications Between Execution Nodes
NPL Method of quick application transfer between mobile devices
US20150081764 Remote Virtualization of Mobile Apps
Response to Arguments
Applicant's arguments filed 1/13/2026 have been fully considered but they are not persuasive.
101
The applicant argues that the claimed subject matter does not recite commercial or legal interactions.
In response, the examiner notes that the applicant cannot reasonably deny that the limitations – request to transfer an instance of an application; outputting a message indicating that an account balance associated with a payment service fails to satisfy a threshold value associated with a data transaction; detect that the stored balance is updated to satisfy the threshold; and transmitting in response to the stored balance being updated to satisfy the threshold value – together describe Commercial/Legal Interactions. Alternatively, the claimed limitations together may also be described a Managing Interactions between People, e.g., social activities and/or following rules or instructions.
The applicant argues that the claims are directed to the technical problem of efficient transferring an instance of an application between devices, while ensuring sufficient resources and proper device authorization through the application transfer system.
The examiner finds this unpersuasive.
Transferring an application instance between device is not technical improvement but merely an additional element – data gathering activity; whereas, determining whether a payment service has sufficient balance to satisfy a threshold – is an abstract idea.
The applicant argues, citing para [0006] of the specification, that the subject matter provides a technical solution for reducing the use of computational resources. Applicant’s argument that the claimed features provide technical improvement by reducing unnecessary data exchanges and failed transactions attempts that would otherwise consumer processing memory and communication resources
The examiner finds this unpersuasive.
First, the claims do not recite any reduction of computational resources.
Second, it is not clear how any reduction is achieved in the scenario presented in the specification. As per para [0006], “the second device may output the instance of the application and receive an indication to execute the data transaction without exchanging additional signaling requesting authorization and/or an increase in stored balance and without attempting to execute the data transaction multiple times.” However, it is not explained what is meant by “without exchanging additional signaling,” “without attempting to execute the transaction multiple times.” It is not clear why there would be the need for additional signaling or attempting multiple transactions to update an account balance. Any alleged reduction is predicated upon hypotheticals that either do not apply because the threshold is satisfied or are unrelated to computational resource use. Moreover, if the account does not have threshold balance to make a payment data transfer, then the payment data transfer will fail. “Reducing unnecessary data exchanges and failed transaction attempts” – are entirely speculative, hypothetical and also part of the abstract idea of implementing abstract checks and balances to ensure that a payment account has a threshold amount to satisfy a payment. This is not technical improvement.
Third, the examiner notes that any alleged reduction of computational resources, a) merely reflects a result or an effect, b) represents speculative relative reduction over a hypothetical situation that may never materialize, and c) does not provide a meaningful limitation because it merely applies the abstract idea to aim for an aspirational result. See MPEP 2106.05(f) (1) (cautioning against claims “so result focused, so functional, as to effectively cover any solution to an identified problem”), (3) (“describes “the effect or result dissociated from any method by which maintaining the state is accomplished” and does not provide a meaningful limitation because it merely states that the abstract idea should be applied to achieve a desired result”).
The applicant argues that the claims are directed to a technical solution similar to CosmoKey Solutions.
The examiner finds this unpersuasive because CosmoKey was directed to an improved method for overcoming hacking by ensuring that the authentication function is normally inactive, activating only for a transaction, communicating the activation within a certain time window, and thereafter ensuring that the authentication function is automatically deactivated. In contrast, applicant’s invention does not even purport to relate to account authentication or verification. The independent claims are primarily directed to determining whether the stored balance associated with a payment service fails to satisfy a threshold value and, if not, then updating the balance to satisfy the threshold – which is a Certain Method of Organizing Human Activity. The claims bear no similarity with deactivating authentication after a given time window. Whereas CosmoKey was primarily directed to account security, the present claims are directed to ensuring account balance to satisfy a payment. For the above reasons, Applicant’s reliance on CosmoKey is misplaced.
The applicant also compares the present claims to DDR and McRO.
The examiner finds this unpersuasive because neither the facts nor the holding of the above cases are remotely comparable to the present invention. For example, it is not clear why applicant brings up DDR because that case dealt with Internet centric challenges to clicking a hyperlink and getting transported to a rival e-commerce website. The present claims - which are directed to tracking, monitoring, and risk scoring a person entering an establishment - bears no similarity whatsoever to DDR. Hence, DDR is inapposite here. Similarly, whereas the McRO invention involved improvement in animation technology, the present claims, in contrast, are involved in transferring instance of an application to a second client device to update stored balance.
The combination of limitations does not bring about (i) an improvement to the functionality of a computer or other technology or technical field; (ii) a “particular machine” to apply or use the judicial exception; (iii) a particular transformation of an article to a different thing or state; or (iv) any other meaningful limitation. See MPEP 2106.05(a)-(c), (e)-(h). Hence, the additional elements fail to integrate the recited combination of abstract idea(s) into a practical application or provide significantly more. See MPEP 2106.05(f).
Examiner has not characterized any of the additional elements as well-understood, routine and conventional and therefore there is no requirement to provide any factual determination under Berkheimer.
103
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARUNAVA CHAKRAVARTI whose telephone number is (571)270-1646. The examiner can normally be reached 9 AM - 5 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan Donlon can be reached at 571-270-3602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARUNAVA CHAKRAVARTI/Primary Examiner, Art Unit 3692
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