DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/15/2026 has been entered.
Status of Claims
Claims 1, 12 and 20 are amended.
Claims 21-26 are new.
Claims 9-10 and 18 are cancelled.
Claims 1-8, 11-17 and 19-26 are pending in the application.
Response to Arguments
The 35 USC 101 is maintained. Claim 1 (and claim 20) recites, ‘a computerized method (system) for facilitating collaboration and presentation of transaction data in a virtual environment:…” The preamble, under the broadest reasonable interpretation, claims a process (system) of collaboration and presentation of transaction data that is being assisted by (i.e., facilitated) and/or using a computerized virtual environment. Here, “collaboration” of transaction data is understood to involve interactions between users or people that provides access to transaction data and processing transactions between people and “presentation” indicates some means of display.
It is maintained that the claims are considered abstract idea in that it can be grouped under certain methods of organizing human activity, which involve concepts of interpersonal and intrapersonal activities such a managing relationships or transactions between people, social activities and/or human behavior [see MPEP 2106.04(a)(2)(II)].
The notion that the grouping of the applicant’s claims may be under organizing human activity involving fundamental economic practices or principles has been interpreted from the applicant’s claims and written description [¶0005, ¶0008] as primarily interactions between users so as to manage transaction data and perform transactions, albeit within a computerized virtual environment, and thus does not provide an improvement to the computerized virtual environment (or computer itself) or a technological improvement, but presents the additional elements (e.g., client device, network, cloud servers, processing devices) within a particular technological environment (i.e., virtual environment) or field of use for which the judicial exception is linked.
Now, the Applicant has amended the independent claims (i.e., claims 1, 12 and 20) to recite, as in computerized method of claim 1, “generating, a 3D environment, comprising a virtual scene with scene configuration data, in which the client end-user and platform end-user can collaborate in connection with the transaction data,…wherein generating the 3D environment includes:…rendering, …, the first user representation…”. It is maintained that the three-dimensional engine generating three dimensional environment associated with the virtualization system that includes rendering the first virtual user representative does no more than to link the use of the judicial exception to a particular technological environment or field of use. Thus the mere application of an abstract method of organizing human activity in a particular field is not sufficient to integrate the judicial exception into a practical application. [see MPEP 2106.05(h)].
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.
3. Claims 1-8, 11-17 and 19-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
4. In the instant case, claim 1 is directed to a method for facilitating collaboration and presentation of transaction data claims 12 and 20 are directed to systems for facilitating collaboration and presentation of transaction.
5. Claim 1 is directed to the abstract idea of generating and initiating or executing transactions.
Claim 1 recites, “receiving, …, a first connection request …; receiving,…, first image data …; receiving, …, a second connection request …; receiving…, second image data …; accessing, …, …; generating…, …: generating, …, a first virtual user … based, at least in part, on the first image data; generating, …, a second virtual user representation … based, at least in part, on the second image data; generating, …, one or more transactional infographics based, at least in part, on the transaction data; rendering the first virtual user representation, the second virtual user representation, and the one or more transactional infographics …; and ... ” which can be grouped certain method of organizing human activities relating to managing relationships or transactions between people, sales activities, etc.,
Accordingly, the claim recites an abstract idea (See 2019 Revised Patent Subject Matter Eligibility Guidance).
4. This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A (See 2019 Revised Patent Subject Matter Eligibility Guidance), the additional elements of the claim such as “transaction system”, “virtualization system”, “memory devices”, and “3D engine” represent the use of a computer as a tool to perform an abstract idea and/or does no more than generally link the abstract idea to a particular field of use. Therefore, the additional elements do not integrate the abstract idea into a practical application as they do no more than represent a computer system performing functions that correspond to implement the acts of generating and initiating or executing transactions.
5. When analyzed under step 2B (See 2019 Revised Patent Subject Matter Eligibility Guidance), the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception itself. Viewed as a whole, the combination of elements recited in the claims merely describe the concept of using computer technology (e.g. virtualization system). Therefore, the use of these additional elements does no more than employ a computer as a tool to automate and/or implement the abstract idea, which cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)).
6. Hence, claim 1 is not patent eligible.
7. Claims 2-8, 11, 13-17, 19 and 21-26 do not provide significantly more than the abstract idea.
8. Independent claims 12 and 20 are rejected based upon the same reasoning as claim 1.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S FELTEN whose telephone number is (571)272-6742. The examiner can normally be reached Flex.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan D Donlon can be reached at 5712703602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
DANIEL S. FELTEN
Examiner
Art Unit 3692
/DANIEL S FELTEN/Primary Examiner, Art Unit 3692
Prosecution Insights