Status of the Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to an amendment dated November 17, 2025. Claims 1-4, 10-13 and 18 are amended. Claims 1-20 are pending. All pending claims are examined.
Response to Arguments
101 Rejection Analysis
101 Analysis
In line with the "2019 Revised Patent Subject Matter Eligibility Guidance," which explains how we must analyze patent-eligibility questions under the judicial exception to 35 U.S.C. § 101. 84 Fed. Reg. 50-57 ("Revised Guidance"), the first step of Alice (i.e., Office Step 2A) consists of two prongs. In Prong One, we must determine whether the claim recites a judicial exception, i.e., an abstract idea, a law of nature, or a natural phenomenon. 84 Fed. Reg. at 54 (Section III.A. I.). If it does not, the claim is patent eligible. Id.
An abstract idea must fall within one of the enumerated groupings of abstract ideas in the Revised Guidance or be a "tentative abstract idea, "with the latter situation predicted to be rare. Id. at 51-52 (Section I, enumerating three groupings of abstract ideas), 54 (Section III.A. I., describing Step 2A Prong One), 56-57 (Section III.D., explaining the identification of claims directed to a tentative abstract idea).
If a claim does recite a judicial exception, the next is Step 2A Prong Two, in which we must determine if the "claim as a whole integrates the recited judicial exception into a practical application of the exception." Id. at 54 (Section II.A.2.) If it does, the claim is patent eligible. Id.
If a claim recites a judicial exception but fails to integrate it into a practical application, we move to the second step of Alice (i.e., Office Step 2B). to evaluate the additional limitations of the claim, both individually and as an ordered combination, to determine whether they provide an inventive concept. Id. at 56 (Section III.B.). In particular, we look to whether the claim:
• Adds a specific limitation or combination of limitations that are not well-understood, routine, conventional in the field, which is indicative that an inventive concept may be present; or
• simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present.
The analysis in line with current 101 guidelines. Even if the abstract idea is deemed to be novel, the abstract idea is no less abstract (see Flook- new mathematical formula was an abstract idea).
“ In accordance with judicial precedent and in an effort to improve consistency and predictability, the 2019 Revised Patent Subject Matter Eligibility Guidance extracts and synthesizes key concepts identified by the courts as abstract ideas to explain that the abstract idea exception includes the following groupings of subject matter, when recited as such in a claim limitation(s) (that is, when recited on their own or per se):
(b) Certain methods of organizing human activity—fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)1 – See Federal Register / Vol. 84, No. 4 / Monday, January 7, 2019 / p.52.
Claim 10 which is illustrative of independent claims 10 and 18 recites:
1. A computer-implemented method for a remote upload of a document, comprising:
generating, by a document upload application operating on a client device, a live stream of image data of a field of view of at least one camera communicatively coupled to a camera port on the client device, wherein the live stream includes digital imagery of at least one portion of
obtaining, by the document upload application, a plurality of data elements extracted from the digital imagery of the at least one portion of the document by an optical character recognition (OCR) program resident on the client device during the generating of the live stream of image data
validating the document in response to obtaining the plurality of data elements;
generating, by the document upload application in response to a successful validation of the document, a first image of a front side of the document based on the digital imagery of the at least one portion of the document;
receiving, by the document upload application, an electronic signature of a customer via user interface of the document upload application;
verifying, by the document upload application, the electronic signature;
in response to verifying the electronic signature, generating, by the document upload application, a virtual second image by merging the electronic signature with a second image for a back side of the document selected from a plurality of back images; and
transmitting, by document upload application, the first image, the virtual second image, and the plurality of data elements to a remote deposit platform.
2A, Prong One, Taking the broadest reasonable interpretation, the invention is directed to a method of organizing human activity that is a form of commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations).
It entails optical character recognition of the information, wherein the processing is a stream of live camera imagery (see App. Spec. para 0015).whereby there is a determination made in response to the preferences of a user. It can also be considered a mental process practically with the human mind since it entails making evaluations of data albeit with the help of a computer.
Beyond the abstract idea, the additional elements recite hardware components such as a client device (App. Spec. paras. 0034-0040; see also paras. 0012-0013, 0024-0026), there does not appear to be any technology being improved. They are described at a high level of generality where each step does no more than require a generic computer to perform generic computer functions. Absent is any support in the specification that the claims as recited require specialized computer hardware or other inventive computer components.
Unlike, McRO, the present claims contain improvements to the context in which transactions are executed and not one of a technology or technological field.
Although the claims recite:
validating the document in response to obtaining the plurality of data elements;
generating, by the document upload application in response to a successful validation of the document, a first image of a front side of the document based on the digital imagery of the at least one portion of the document;
receiving, by the document upload application, an electronic signature of a customer via user interface of the document upload application;
verifying, by the document upload application, the electronic signature;
in response to verifying the electronic signature, generating, by the document upload application, a virtual second image by merging the electronic signature with a second image for a back side of the document selected from a plurality of back images
these suggest evaluating the data against predefined conditions that factor into the output generated, absent is any support for the claims as recited for how it is an improvement to the computer or technical field beyond automating the evaluation process (see also App. Spec. paras. 0014 -0016).
In particular, there is a lack of improvement to a computer or technical field of processing data because the data processing performed merely uses a system as a tool to perform an abstract idea- see MPEP 2106.05(f). Therefore, the claims are directed to an abstract idea. The invention as claimed recites a generic computer component and the claim does not pass step 2A, Prong Two.
Step 2B; The next step is to identify any additional limitations beyond the judicial exception. The additional elements are client device which is disclosed in the specification at a high degree of generality (App. Spec. paras. 0034-0041). Absent is any genuine issue of material fact that this component requires any specialized hardware or inventive computer component.
Likewise, the dependent claims 2-9, 11-17 and 19-20 provide additonal details about the different steps and how the predefined rules are applied to the evaluation process. For example, claims 2-4, 8 and 13-15 which provide additional details of the data received and lays out the instructions to perform the evaluation and do not address the issues raised in the independent claims and therefore do not amount to a technical improvement or an integration of a practical application.
In conclusion, merely “applying” the exception using generic computer components cannot provide an inventive concept. Therefore, the claims 1-17 are not patent eligible under 35 USC 101.
Independent claims 1, 10 and 18 are rejected under 35 U.S.C. § 101 including dependent claims 2-9, 11-17 and 19-20 which fall with claims 1-7. 20. Therefore, claims 1-20 are not patent eligible under 35 USC 101.
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 rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (abstract idea) without significantly more.
The claim recites abstract idea of organizing human activities. This judicial exception is not integrated into a practical application and the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Analysis
The claims are directed to one or more of the following statutory categories: a process, a machine, a manufacture, and a composition of matter.
Independent Claim 1, which is illustrative of the independent claim 10 and 18 recites:
1. A computer-implemented method for a remote upload of a document, comprising:
generating, by a document upload application operating on a client device, a live stream of image data of a field of view of at least one camera communicatively coupled to a camera port on the client device, wherein the live stream includes digital imagery of at least one portion of
obtaining, by the document upload application, a plurality of data elements extracted from the digital imagery of the at least one portion of the document by an optical character recognition (OCR) program resident on the client device during the generating of the live stream of image data
validating the document in response to obtaining the plurality of data elements;
generating, by the document upload application in response to a successful validation of the document, a first image of a front side of the document based on the digital imagery of the at least one portion of the document;
receiving, by the document upload application, an electronic signature of a customer via user interface of the document upload application;
verifying, by the document upload application, the electronic signature;
in response to verifying the electronic signature, generating, by the document upload application, a virtual second image by merging the electronic signature with a second image for a back side of the document selected from a plurality of back images; and
transmitting, by document upload application, the first image, the virtual second image, and the plurality of data elements to a remote deposit platform.
The invention as claimed recites an abstract idea of document processing based on predefined criteria, a method of organizing human activity that is a form of commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations);
It entails a pre-deposit local active optical character recognition that processes a stream of live camera imagery (see App. Spec. para 0015).whereby there is a determination made in response to the preferences of a user. It can also be considered a mental process practically with the human mind since it entails making evaluations of data albeit with the help of a computer.
Besides reciting the abstract idea, the remaining claim limitations recite generic computer components (see App. specification, paras 0033-0042, Figs. 1 and 3). This recited abstract idea is not integrated into a practical application. In particular, the claim only recites generic computer components for transmitting or and receiving data.
The additional elements are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using generic components. 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. Therefore, the claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements - (e.g., client device) amount to no more than mere instructions to apply the abstract idea using generic computer components.
Further, the dependent claims 2-9, 11-17 and 19-20, for example, recite additional descriptive details about the criteria or rules applied to the processing of documents and the information extracted in making the assessment. For example, claims 2-5 describe with greater specificity details about the data elements extracted and factored into the evaluating the receiving document, however the recited abstract idea is not integrated into a practical application. In particular, the claims only recite generic computer components (e.g., general-purpose components) to evaluate the submitted data based on predefined conditions.
The dependent claims provide additional descriptions of the components of the claimed invention in a manner that merely refines and further limits the abstract idea of independent claims 1, 10 and 18 do not add any feature that is an “inventive concept” which cures the deficiencies of the independent claims.
None of the additional elements taken individually or when taken as an ordered combination amount to significantly more than the abstract idea. Accordingly, the dependent claims are patent-ineligible.
In conclusion, merely “applying” the exception using generic computer components cannot provide an inventive concept. Therefore, the claims 1-20 are not patent eligible under 35 USC 101.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Jones, USP. Pub No 20030059098, Document Processing System Using Full Image Scanning.
Gustin, US Pub. No. 20100114771, Automated Document Cashing System
Reed, USP. Pub. No. US 20210081244, System For Intelligent Routing Of Resources Associated With Resource Entities.
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1 Interval Licensing, 896 F.3d at 1344–45 (concluding that ‘‘[s]tanding alone, the act of providing someone an additional set of information without disrupting the ongoing provision of an initial set of information is an abstract idea,’’ observing that the district court ‘‘pointed to the nontechnical human activity of passing a note to a person who is in the middle of a meeting or conversation as further illustrating the basic, longstanding practice that is the focus of the [patent ineligible] claimed invention.’’); Voter Verified, Inc. v. Election Systems & Software, LLC, 887 F.3d 1376, 1385 (Fed. Cir. 2018) (finding the concept of ‘‘voting, verifying the vote, and submitting the vote for tabulation,’’ a ‘‘fundamental activity’’ that humans have performed for hundreds of years, to be an abstract idea);
In re Smith, 815F.3d 816, 818 (Fed. Cir. 2016) (concluding that ‘‘[a]pplicants’ claims, directed to rules for conducting a wagering game’’ are abstract).
14 If a claim, under its broadest reasonable interpretation, covers performance in the mind but for the recitation of generic computer components, then it is still in the mental processes category unless the claim cannot practically be performed in the mind. See Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1318 (Fed. Cir . 2016) (‘‘[W]ith the exception of generic computer-implemented steps, there is nothing in the claims themselves that foreclose them from being performed by a human, mentally or with pen and paper.’’); Mortg. Grader, Inc. v. First Choice Loan Servs. Inc., 811 F.3d. 1314, 1324 (Fed. Cir. 2016)(holding that computer-implemented method for ‘‘anonymous loan shopping’’ was an abstract idea because it could be ‘‘performed by humans without a computer’’); Versata Dev. Grp. v. SAP Am., Inc., 793 F.3d 1306, 1335 (Fed. Cir. 2015) (‘‘Courts have examined claims that required the use of a computer and still found that the underlying, patent-ineligible invention could be performed via pen and paper or in a person’s mind.’’); CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 1372 (Fed. Cir. 2011) (holding that the incidental use of ‘‘computer’’ or ‘‘computer readable medium’’ does not make a claim otherwise directed to process that ‘‘can be performed in the human mind, or by a human using a pen and paper’’ patent eligible); id. at 1376 (distinguishing Research Corp. Techs. v. Microsoft Corp., 627 F.3d 859 (Fed. Cir. 2010), and SiRF Tech., Inc. v. Int’l Trade Comm’n, 601 F.3d 1319 (Fed. Cir. 2010), as directed to inventions that ‘‘could not, as a practical matter, be performed entirely in a human’s mind’’). Likewise, performance of a claim limitation using generic computer components does not necessarily preclude the claim limitation from being in the mathematical concepts grouping, Benson, 409 U.S.at 67, or the certain methods of organizing human activity grouping, Alice, 573 U.S. at 219–20 - – See Federal Register / Vol. 84, No. 4 / Monday, January 7, 2019