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 .
Status of Application
This is a non-final action is in response to U.S. Patent Application 18/737,715, filed on June 7, 2024. This application is a continuation-in-part of U.S. Patent Application 18/370,852, filed on September 20, 2023, which claims priority to U.S. Provisional Application 63/408,425, filed on September 20, 2022, which is a continuation-in-part of U.S. Patent Application 17/948,156, filed on September 19, 2022, which claims priority to U.S. Provisional Application 63/295,668, filed on December 31, 2021. Claims 1-25 are pending and have been examined.
Information Disclosure Statements
The Information Disclosure Statements submitted by the Applicant on September 26, 2024, December 5, 2024 and January 8, 2025 are in compliance with the provisions of 37 CFR 1.97 and have been considered by the Examiner.
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 1-25 are rejected pursuant to 35 USC § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 - Statutory Class
Claims 1-25 are directed to a method. Therefore, on its face, each of the claims is directed to a statutory class of invention.
Step 2A, Prong 1 – Abstract Idea
Claim 1 recites for each of a plurality of users, receiving data regarding each of a portfolio of tradeable assets owned by each of the users, determining, based on the received data, a change in value of each of the plurality of tradeable assets of each portfolio over one or more periods of time, organizing each of the portfolios based on the determined changes in value for at least one of the periods of time, displaying a leaderboard of organized portfolios and the users associated therewith based on the determined changes in value for the at least one period of time, facilitating sharing details of the tradeable assets in displayed organized portfolios to other users by permission of the user associated with the shared displayed organize portfolio and facilitating payment of a reward from one or more of the other users to one or more of the owners of a displayed organized portfolio in exchange for the sharing of details of the tradeable assets in the portfolio of the one or more owners. The abstract idea recited in Claim 1 recites receiving data of tradable assets in portfolios of users, determining changes in value of the assets over time, organizing and displaying the portfolios based on the changes in value over time, sharing the details of the tradable assets with other users and paying a reward to the users sharing details of their tradable assets which involves commercial interactions falling under “Certain Methods of Organizing Human Activity” according to MPEP 2106.
Step 2A, Prong 2 – Practical Application
Claim 1 recites an interface, a platform, a communications network and one or more processors associated with the platform. The additional elements are recited at a high level of generality and are used as tools to implement the abstract idea. They do not integrate the abstract idea into a practical application. They do not provide a technical improvement such as an improvement to the functioning of a computer or to technology because they only manipulate financial data. The claims do not invoke a particular machine as our guidance is clear that a generic computer is not the particular machine envisioned, they do not transform matter as they only manipulate data which is not matter.
Step 2B – Significantly more
As set forth in the discussion in Step 2A, Prong 2, above, the additional elements are recited at a high level of generality and are used as tools and instructions to implement the abstract idea. They do not integrate the abstract idea into a practical application or add significantly more to the abstract idea.
Dependent claims
Claim 2 (an amount of the reward paid to respective one or more displayed users is based on the determined changes in value), Claim 3 (each reward is based on a position on the leaderboard of each of the one or more rewarded displayed user's organized portfolios), Claim 4 (the reward is a benefit associated with use of a platform associated with the interface), Claim 5 (the reward is associated with publication of information, on the platform, regarding investing or trading of public securities within the organized portfolio of with the rewarded user), Claim 6 (sharing details comprises sharing buying, selling and/or holding activity of tradeable assets in the organized portfolio(s)), Claim 7 (displaying a selectable icon associated with each displayed portfolio, wherein selection of a selectable icon by a user causes the sharing of buying, selling and/or holding activity regarding tradeable assets in the portfolio associated with the selected icon to be visible to the selecting user), Claim 8 (sharing details is permitted for only a predetermined period of time in proportion to the amount of the reward), Claim 9 (the received data regarding each portfolio of tradeable assets owned by each of the users is generated at least partially by an artificial intelligence engine), Claim 10 (the one or more periods of time comprise one or more predetermined periods of time including: one day, five days, one month, three months, and one year), Claim 11 (displaying the leaderboard further comprises displaying the portfolios in order based on their determined changes in value for the one or more periods of time), Claim 12 (displaying via the interface the determined changes in value of the portfolios in a plurality of columns, wherein each column corresponds to changes in value for one of the one or more periods of time), Claim 13 (providing via the interface a selectable heading for each of the plurality of columns, wherein each heading, when selected by a user, causes organizing and displaying the leaderboard of organized portfolios and their associated users based on the changes in value for the period of time corresponding to the selected heading), Claim 14 (the determined change in value for each portfolio is displayed as a change in monetary value of a combination of all the tradeable assets in each portfolio from a start to a finish of the one or more periods of time), Claim 15 (the determined change in value for each portfolio is displayed as a percentage change in monetary value of a combination of all the tradeable assets in each portfolio from a start to a finish of the one or more periods of time), Claim 16 (the determined change in value delta for each portfolio may be displayed as a change in monetary value of a combination of all the tradeable assets in each portfolio from a start to a finish of the one or more periods of time, wherein the method further comprises presenting via the interface a selectable icon, wherein selection of the icon by a user causes organizing and displaying the leaderboard of organized portfolios and their associated users based on the percentage change value deltas for each of the portfolios), Claim 17 (displaying selectable portfolio names for each of the displayed portfolios, wherein selection of a selectable portfolio name by other users causes display of information regarding the one or more of the plurality of tradeable assets in the selected portfolio to said selecting other users), Claim 18 (the displaying of information regarding the tradeable assets to other users is in exchange for a reward paid by the selecting other users or the platform is based on an amount of the reward), Claim 19 (the amount of displayed information regarding the tradeable assets is based on an amount of the reward), Claim 20 (facilitating communication between one or more users associated with a respective displayed portfolio and other one or more users of the platform), Claim 21 (the facilitating communication is not contingent on the reward paid to the user associated with a displayed portfolio and the other users of the platform), Claim 22 (displaying the leaderboard of organized portfolios and the users associated therewith comprises displaying only organized portfolios having a value of tradeable assets substantially similar to value of tradeable assets of other users to whom the organized portfolios are displayed), Claim 23 (displaying the leaderboard of organized portfolios and the users associated therewith comprises displaying only organized portfolios having a percentage change in value of tradeable assets substantially similar to a percentage change in value of tradeable assets of other users to whom the organized portfolios are displayed), Claim 24 (displaying the leaderboard of organized portfolios and the users associated therewith comprises displaying only organized portfolios having a number of tradeable assets substantially similar as a number of tradeable assets of other users to whom the organized portfolios are displayed) and Claim 25 (displaying the leaderboard of organized portfolios and the users associated therewith comprises displaying only organized portfolios having a determined change in value demonstrating a level of risk tolerance substantially similar to a level of risk tolerance of other users to whom the organized portfolios are displayed, said level of risk tolerance of other user determined based on a determined change in value of portfolios of said other users) further define and merely add specificity to the abstract idea. The dependent claims fail to add significantly more to the abstract idea.
As such, Claims 1-25 are not patent eligible.
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 1-6, 8 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Torabi et al., US 2008/0270319 A1, (“Torabi”), in view of Stradling et al., US 2018/0091316 A1, (“Stradling”).
Claim 1:
Torabi teaches:
A method for monetizing the displaying, via an interface hosted on a platform, of information regarding portfolios having a plurality of tradeable assets, the method comprising: for each of a plurality of users, receiving, by the platform over a communications network, data regarding each of a portfolio of tradeable assets owned by each of the users; (See Torabi, Abstract (An online marketplace for real-time investment data is disclosed. The system comprises a network, such as the Internet, wherein users may manage, and publish a Virtual Securities Portfolio ("VSP") and to sell/license access to the VSP to other users who pay to see the VSP. VSPs are analyzed, ranked and charted according to various customizable methods and made available, via a user interface, to other users.))
determining, using one or more processors associated with the platform and based on the received data, a change in value of each of the plurality of tradeable assets of each portfolio over one or more periods of time; (See Torabi, Par. 10 (It is also an object of the invention to track each Contributor's trading data and to continuously evaluate the holdings of each portfolio, and to measure the gains, losses, and various other metrics of the portfolio, and to rank each portfolio performance within several categories, all in real time.))
organizing, using the one or more processors, each of the portfolios based on the determined changes in value for at least one of the periods of time; (See Torabi, Par. 10 (It is also an object of the invention to track each Contributor's trading data and to continuously evaluate the holdings of each portfolio, and to measure the gains, losses, and various other metrics of the portfolio, and to rank each portfolio performance within several categories, all in real time.))
facilitating, using the one or more processors, sharing details of the tradeable assets in displayed organized portfolios to other users of the platform by permission of the user associated with the shared displayed organize portfolio; and (See Torabi, Par. 11 (It is also an object of the invention to allow general information about each Contributor and each portfolio to be made available to all other users for free. Users can easily search and view this data through customizable charts and graphic tools that make it easy to find their favorite top performing portfolio. Having found a portfolio, users can then subscribe to it for a price set by the Contributor.))
facilitating, using the one or more processors, payment of a reward from one or more of the other users or the platform to one or more of the owners of a displayed organized portfolio in exchange for the sharing of details of the tradeable assets in the portfolio of the one or more owners. (See Torabi, Par. 6 (The present invention creates significant financial incentive for potential contributors. Rather than giving information away, contributors are able to charge subscription fees for access to their portfolio.), Par. 8 (It is also an object of the invention to provide a monetary incentive for contributor users to share their investment activity and strategies directly with interested investors, creating a new market that rewards contributor users while allowing average investors to increase their return on investment.), Par. 14 (The contributor user receives a subscription price from a subscriber user.), (The payment of a subscription fee by a user reads on the payment of a reward by a user for access to the details of a portfolio.))
Torabi discloses (Par. 74) that a Comparative Performance Chart shows the performance of the particular virtual securities portfolio, VSP, as compared to any Visitor-selected set of VSPs, including predefined VSPs that reflect the DJIA, S&P 500, and other benchmarks.
Torabi does not expressly disclose, however, Stradling teaches:
displaying via the interface a leaderboard of organized portfolios and the users associated therewith based on the determined changes in value for the at least one period of time; (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly,
monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step for displaying a leaderboard of the portfolios, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step for displaying a leaderboard of the portfolios so as to inform users about the performance of the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s displaying of a leaderboard of portfolios, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 2
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi further teaches:
an amount of the reward paid to respective one or more displayed users is based on the determined changes in value. (See Torabi, Par. 31 (The system can calculate a suggested subscription price for each contributor's securities portfolio based on an appraisal of one or more metrics calculated for the portfolio,
which metrics may include, but are not limited to, the performance of the portfolio over an arbitrary period of time.))
Claim 3:
Torabi and Stradling teach each and every element of Claim 2 above.
Torabi further teaches:
each reward is based on a position on the leaderboard of each of the one or more rewarded displayed user's organized portfolios. (See Torabi, Par. 74 (The Comparative Performance Chart shows the performance of a particular virtual securities portfolio, as compared to the other portfolios.), Par. 31 (The system can calculate a suggested subscription price for each contributor's securities portfolio based on the performance of the portfolio.))
Claim 4:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi further teaches:
the reward is a benefit associated with use of a platform associated with the interface. (See Torabi, Par. 15 (The subscription price can be in the form of
money, credit, airline mileage, or any negotiate instruments.)
Claim 5:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi further teaches:
the reward is associated with publication of information, on the platform, regarding investing or trading of public securities within the organized portfolio of with the rewarded user. (See Torabi, Par. 11 (It is also an object of the invention to allow general information about each Contributor and each portfolio to be made available to all other users for free. Users can easily search and view this data through customizable charts and graphic tools that make it easy to find their favorite top performing portfolio. Having found a portfolio, users can then subscribe to it for a price set by the Contributor.))
Claim 6:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi further teaches:
sharing details comprises sharing buying, selling and/or holding activity of tradeable assets in the organized portfolio(s). (See Torabi, Par 14 (The
host computer system is connected to the network wherein the host computer
system contains one or more contributor users wherein the contributor user provides information regarding purchase or sale of security instrument wherein the information regarding purchase or sale of security instrument is recorded.))
Claim 8:
Torabi and Stradling teach each and every element of Claim 6 above.
Torabi further teaches:
sharing details is permitted for only a predetermined period of time in proportion to the amount of the reward. (See Torabi, Par. 14 (The invention provides one or more subscriber to pay the subscription price to access the information regarding purchase or sale of security instrument.))
Claim 10:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi does not expressly disclose, however, Stradling teaches:
the one or more periods of time comprise one or more predetermined periods of time including: one day, five days, one month, three months, and one year. (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly, monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step that includes one or more predetermined periods of time, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step a step that includes one or more predetermined periods of time so as provide a range of periods to users for evaluating the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s one or more predetermined periods of time, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 11:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi does not expressly disclose, however, Stradling teaches:
displaying the leaderboard further comprises displaying the portfolios in order based on their determined changes in value for the one or more periods of time. (The content of the display is non-functional printed matter which is considered but given no patentable weight.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.). (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly, monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step that includes displaying leaderboards over one or more predetermined periods of time, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step a step that includes displaying leaderboards over one or more predetermined periods of time so as provide a range of periods to users for evaluating the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s displaying leaderboards over one or more predetermined periods of time, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 12:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi does not expressly disclose, however, Stradling teaches:
displaying via the interface the determined changes in value of the portfolios in a plurality of columns, wherein each column corresponds to changes in value for one of the one or more periods of time. (The content of the display is non-functional printed matter which is considered but given no patentable weight.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.). (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly, monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step that includes displaying leaderboards over one or more predetermined periods of time, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step a step that includes displaying leaderboards over one or more predetermined periods of time so as provide a range of periods to users for evaluating the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s displaying leaderboards over one or more predetermined periods of time, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 13
Torabi and Stradling teach each and every element of Claim 12 above.
Torabi does not expressly disclose, however, Stradling teaches:
providing via the interface a selectable heading for each of the plurality of columns, wherein each heading, when selected by a user, causes organizing and displaying the leaderboard of organized portfolios and their associated users based on the changes in value for the period of time corresponding to the selected heading. (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly, monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step that includes displaying leaderboards over one or more predetermined periods of time, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step a step that includes displaying leaderboards over one or more predetermined periods of time so as provide a range of periods to users for evaluating the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s displaying leaderboards over one or more predetermined periods of time, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 14:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi does not expressly disclose, however, Stradling teaches:
the determined change in value for each portfolio is displayed as a change in monetary value of a combination of all the tradeable assets in each portfolio from a start to a finish of the one or more periods of time. (The content of the display is non-functional printed matter which is considered but given no patentable weight.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.). (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly, monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step that includes displaying leaderboards over one or more predetermined periods of time, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step a step that includes displaying leaderboards over one or more predetermined periods of time so as provide a range of periods to users for evaluating the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s displaying leaderboards over one or more predetermined periods of time, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 15:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi does not expressly disclose, however, Stradling teaches:
the determined change in value for each portfolio is displayed as a percentage change in monetary value of a combination of all the tradeable assets in each portfolio from a start to a finish of the one or more periods of time. (The content of the display is non-functional printed matter which is considered but given no patentable weight.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.). (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly, monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step that includes displaying leaderboards over one or more predetermined periods of time, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step a step that includes displaying leaderboards over one or more predetermined periods of time so as provide a range of periods to users for evaluating the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s displaying leaderboards over one or more predetermined periods of time, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 16:
Torabi and Stradling teach each and every element of Claim 15 above.
Torabi does not expressly disclose, however, Stradling teaches:
the determined change in value delta for each portfolio may be displayed as a change in monetary value of a combination of all the tradeable assets in each portfolio from a start to a finish of the one or more periods of time, wherein the method further comprises presenting via the interface a selectable icon, wherein selection of the icon by a user causes organizing and displaying the leaderboard of organized portfolios and their associated users based on the percentage change value deltas for each of the portfolios. (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly, monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step that includes displaying leaderboards over one or more predetermined periods of time, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step a step that includes displaying leaderboards over one or more predetermined periods of time so as provide a range of periods to users for evaluating the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s displaying leaderboards over one or more predetermined periods of time, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 17:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi further teaches:
displaying selectable portfolio names for each of the displayed portfolios, wherein selection of a selectable portfolio name by other users causes display of information regarding the one or more of the plurality of tradeable assets in the selected portfolio to said selecting other users. (See Torabi, Par. 74 (A Comparative Performance Chart shows the performance of a particular virtual securities portfolio, VSP, as compared to a Visitor-selected set of VSPs, including predefined VSPs that reflect the DJIA, S&P 500, and other benchmarks.))
Claim 18:
Torabi and Stradling teach each and every element of Claim 17 above.
Torabi further teaches:
the displaying of information regarding the tradeable assets to other users is in exchange for a reward paid by the selecting other users or the platform is based on an amount of the reward. (See Torabi, Par. 74 (The Comparative Performance Chart shows the performance of a particular virtual securities portfolio, as compared to the other portfolios.), Par. 31 (The system can calculate a suggested subscription price for each contributor's securities portfolio based on the performance of the portfolio over a period of time.))
Claim 19:
Torabi and Stradling teach each and every element of Claim 18 above.
Torabi further teaches:
the amount of displayed information regarding the tradeable assets is based on an amount of the reward. (See Torabi, Par. 11 (It is also an object of the invention to allow general information about each Contributor and each portfolio to be made available to all other users for free. Users can easily search and view this data through customizable charts and graphic tools that make it easy to find their favorite top performing portfolio. Having found a portfolio, users can then subscribe to it for a price set by the Contributor.))
Claim 20:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi further teaches:
facilitating communication between one or more users associated with a respective displayed portfolio and other one or more users of the platform. (See Torabi, Par. 11 (It is also an object of the invention to allow general information about each Contributor and each portfolio to be made available to all other users for free. Users can easily search and view this data through customizable charts and graphic tools that make it easy to find their favorite top performing portfolio. Having found a portfolio, users can then subscribe to it for a price set by the Contributor.))
Claim 21:
Torabi and Stradling teach each and every element of Claim 20 above.
Torabi further teaches:
the facilitating communication is not contingent on the reward paid to the user associated with a displayed portfolio and the other users of the platform. (See Torabi, Par. 11 (It is also an object of the invention to allow general information about each Contributor and each portfolio to be made available to all other users for free. Users can easily search and view this data through customizable charts and graphic tools that make it easy to find their favorite top performing portfolio. Having found a portfolio, users can then subscribe to it for a price set by the Contributor.))
Claim 22:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi does not expressly disclose, however, Stradling teaches:
displaying the leaderboard of organized portfolios and the users associated therewith comprises displaying only organized portfolios having a value of tradeable assets substantially similar to value of tradeable assets of other users to whom the organized portfolios are displayed. (The content of the display is non-functional printed matter which is considered but given no patentable weight.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.). (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly, monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step that includes displaying leaderboards over one or more predetermined periods of time, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step a step that includes displaying leaderboards over one or more predetermined periods of time so as provide a range of periods to users for evaluating the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s displaying leaderboards over one or more predetermined periods of time, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 23:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi does not expressly disclose, however, Stradling teaches:
displaying the leaderboard of organized portfolios and the users associated therewith comprises displaying only organized portfolios having a percentage change in value of tradeable assets substantially similar to a percentage change in value of tradeable assets of other users to whom the organized portfolios are displayed. (The content of the display is non-functional printed matter which is considered but given no patentable weight.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.). (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly, monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step that includes displaying leaderboards over one or more predetermined periods of time, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step a step that includes displaying leaderboards over one or more predetermined periods of time so as provide a range of periods to users for evaluating the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s displaying leaderboards over one or more predetermined periods of time, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 24:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi does not expressly disclose, however, Stradling teaches:
displaying the leaderboard of organized portfolios and the users associated therewith comprises displaying only organized portfolios having a number of tradeable assets substantially similar as a number of tradeable assets of other users to whom the organized portfolios are displayed. (The content of the display is non-functional printed matter which is considered but given no patentable weight.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.). (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly, monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step that includes displaying leaderboards over one or more predetermined periods of time, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step a step that includes displaying leaderboards over one or more predetermined periods of time so as provide a range of periods to users for evaluating the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s displaying leaderboards over one or more predetermined periods of time, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 25:
Torabi and Stradling teach each and every element of Claim 1 above.
Torabi does not expressly disclose, however, Stradling teaches:
displaying the leaderboard of organized portfolios and the users associated therewith comprises displaying only organized portfolios having a determined change in value demonstrating a level of risk tolerance substantially similar to a level of risk tolerance of other users to whom the organized portfolios are displayed, said level of risk tolerance of other user determined based on a determined change in value of portfolios of said other users. (The content of the display is non-functional printed matter which is considered but given no patentable weight.) See MPEP 2111.05 (To be given patentable weight, the printed matter and associated product must be in a functional relationship. A functional relationship can be found where the printed matter performs some function with respect to the product to which it is associated.). (See Stradling, Par. 176 (The system can use portfolio performance information to post leaderboards on a daily, weekly, monthly and/or yearly basis.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step that includes displaying leaderboards over one or more predetermined periods of time, as taught by Stradling. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step a step that includes displaying leaderboards over one or more predetermined periods of time so as provide a range of periods to users for evaluating the various portfolios. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Stradling’s displaying leaderboards over one or more predetermined periods of time, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Torabi et al., US 2008/0270319 A1, (“Torabi”), in view of Stradling et al., US 2018/0091316 A1, (“Stradling”), in further view of Teixeira et al., US 2019/0066204 A1, (“Teixeira”).
Claim 7:
Torabi and Stradling teach each and every element of Claim 6 above.
Torabi does not expressly disclose, however, Teixeira teaches:
displaying a selectable icon associated with each displayed portfolio, wherein selection of a selectable icon by a user causes the sharing of buying, selling and/or holding activity regarding tradeable assets in the portfolio associated with the selected icon to be visible to the selecting user. (See Teixeira, Par. 156 (The "Trade It" platform or similar general broker service for executing trades for investors has an interface and may include a script loader for a widget to function. Common but non-limiting widgets may include a button, check boxes, sliders, spinners, drop-down lists, menus, menu bars, toolbars, icons or grid views.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step for displaying a selectable icon for each portfolio, as taught by Teixeira. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step for displaying a selectable icon for each portfolio so as to allow a user to simply select an icon on the display to gain access to portfolio information. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and Teixeira’s displaying of a selectable icon for each portfolio, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Torabi et al., US 2008/0270319 A1, (“Torabi”), in view of Stradling et al., US 2018/0091316 A1, (“Stradling”), in further view of DiSalvo, US 2012/0271748 A1, (“DiSalvo”).
Claim 9:
Torabi and Stradling teach each and every element of Claim 6 above.
Torabi does not expressly disclose, however, DiSalvo teaches:
the received data regarding each portfolio of tradeable assets owned by each of the users is generated at least partially by an artificial intelligence engine. (See DiSalvo, Par. 376 (According to another embodiment of the invention, other Industries can utilize the unique engineering process illustrated in FIG. 45 (1500). Each phase of the engineering process (1500) supports user-defined customization. For example, utilizing a chart wizard enables the user to create a customized chart (1503) to display their specific real-time or historical data. Utilizing an Artificial Intelligence wizard enables the user to create a customized neural network to optimize (1506) the real-time or historical data.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with the teachings of Torabi discussed above, a step for user portfolio data to be partially generated by artificial intelligence, as taught by DiSalvo. Torabi teaches an online marketplace for real-time investment data where users manage and publish securities portfolios to other users who pay to see them. It would be obvious for Torabi as part of his system to include a step for user portfolio data to be partially generated by artificial intelligence so as to optimize the data. Since the claimed invention is merely a combination of old elements, Torabi’s online marketplace for real-time investment data and DiSalvo’s step for user portfolio data to be partially generated by artificial intelligence, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art at the time of the invention would have recognized that the results of the combination were predictable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE PROIOS whose telephone number is (571)272-4573. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bennett M Sigmond can be reached at 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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