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
Status of Claims
Claims 6, 9, 10, 14-17 and 21-22 are canceled. Claims 23-31 are new. Claims 1, 3, 4, 7, 8, 11-13, 18-20 and 23-31 are pending.
Response to Arguments
Applicants’ arguments regarding the 103 rejections of the claims have been considered and are persuasive. The 103 rejections are withdrawn in view of the claim amendments.
Applicants’ arguments regarding the 101 rejection of the claims have been considered but are not persuasive.
Applicant argues, per Desjardins, that the claimed features address a technical problem that goes beyond a mental process and cites the specification at 0118-0123.
The Office notes that the specification at 0118 discloses “these values may provide context for an image that will help classification model 614 normalize pixel data while being trained…the resulting model may learn to treat high brightness…the same or similar to…This may improve the accuracy of the model.” The Office notes that the specification uses the term “may” in it’s description of the improvement. The examiner interprets the use of the term “may” as indefinite, i.e., the model may or may not be improved. Additionally, the prior art of Graf discloses that ML models used to process images are known, and that training these models may involve…normalizing pixel values (0078-0080). Therefore, the Office finds that applicant’s arguments unconvincing and the rejection is maintained.
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.
Claim1, 3, 4, 7, 8, 11-13, 18-20 and 23-31 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s):
A mental process including an observation, evaluation, judgement and/or an opinion comprising the following underlined elements:
1. A computer-implemented method for a remote deposit environment, comprising:
associating categorization data with each of a plurality of images of financial instruments, the categorization data comprising at least one of a type of a financial instrument or an acceptability of the type of financial instrument depicted in an image of the plurality of images;
associating first data with each of the plurality of images of financial instruments, the first data being associated with image capture of a corresponding image of the plurality of images and comprising at least one of shutter speed, focal length, aperture, f-number, ISO number, contrast, or a distance from a financial instrument to a camera used to capture the corresponding image;
providing the plurality of images, the first data, and the categorization data to an untrained or partially trained machine learning (ML) model as training data for training the untrained or partially trained ML model, wherein the untrained or partially trained ML model normalizes pixel data of the plurality of images of financial instruments using the first data during training;
providing an image of a deposit financial instrument to the trained ML model;
receiving financial instrument type data in response to providing the image of the deposit financial instrument to the trained ML model, the financial instrument type data comprising at least one of a financial instrument type determination, a financial instrument type confidence score indicating a likelihood the financial instrument type determination is correct, a financial instrument type acceptability determination, or a financial instrument type acceptability confidence score indicating a likelihood the financial instrument type acceptability determination is correct, wherein the financial instrument type data reveals that the deposit financial instrument corresponds to an impermissible financial instrument type; and
providing, in real-time before submission of a deposit request based on the deposit financial instrument or immediately after in response to the submission, via a display of a mobile device associated with a user, a document acceptance status indicating the impermissible financial instrument type is not accepted.
This judicial exception is not integrated into a practical application because the abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims merely.
The dependent claims merely narrow the abstract idea with the words “apply it” as a whole and in combination.
Claims 19 and 20 are similarly rejected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM E RANKINS whose telephone number is (571)270-3465. The examiner can normally be reached on 9-530 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bennett Sigmond can be reached on 303-297-4411. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM E RANKINS/ Primary Examiner, Art Unit 3694