DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, 18/778,288 filed 07/19/2024 is a Continuation of 17/851,437, filed 06/28/2022, now U.S. Patent No. 12,045,879.
The effective filing date is after the AIA date of March 16, 2013, and so the application is being examined under the “first inventor to file” provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of the Application
This Final Office Action is in response to Applicant’s communication of Dec. 19, 2025.
Claims 1-20 are pending, of which claims 1, 8, and 13 are independent.
In the most recent amendment, claims 1, 3, 8, 13, 15, and 16.
All pending claims have been examined on the merits.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of anticipatory-type non-statutory double patenting as being unpatentable over claims 1-16 of parent application U.S. Patent 12,045,879 B2.
Independent claims 1, 8, and 13 of the present application anticipate the independent claim 1, the dependent claim 8 (including the features of its independent claim 7), and the dependent claim 14 (including the features of its independent claim 11) of issued patent U.S. Patent 12,045,879 B2, respectively.
Although the independent claims at issue are not identical, the present claims anticipate the respective claims of the issued patent, due to the broader scope of the currently pending claims compared to the scope of the respective claims in the issued patent.
“A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus.” The species in that case will anticipate the genus. In re Slayter, 276 F.2d 408, 411, 125 USPQ 345, 347 (CCPA 1960). See also MPEP § 2131.02.
The table below underlines and bolds phrases that are different between the independent claims 1, 8, and 13 in the pending application and the respective claims 1, 7, and 11 in parent U.S. Patent No. 12,045,879 B2.
U.S. Application No. 18/778,288
(Present Application)
U.S. Patent No. 12,045,879 B2
1. A blockchain node device in a blockchain network, the blockchain node device, comprising
1. A blockchain node device in a blockchain network, the blockchain node device comprising:
one or more processors and
one or more processors; and
memory in communication with the one or more processors and storing instructions that, when executed by the one or more processors, are configured to cause the blockchain node device to execute
memory in communication with the one or more processors and storing first executable instructions that, when executed by the one or more processors, are configured to cause the blockchain node device to execute
an issuance smart contract to:
second executable instructions of a stored issuance smart contract, …to:
comprising a specification comprising an identity, a first wallet address, one or more execution timing parameters, and one or more allocation parameters,
send an event query to an oracle device external to the blockchain network according to one or more execution timing parameters,
send, at a time determined according to the one or more execution timing parameters, an event query via one or more communication networks to an oracle device external to the blockchain network,
wherein
wherein
the issuance smart contract comprises an identity, a first wallet address, and one or more allocation parameters and
the event query comprises the identity;
the event query comprises the identity;
receive event data associated with the identity from the oracle device in response to the event query transmitted according to the one or more execution parameters,
receive event data associated with the identity via the one or more communication networks and from the oracle device in response to the event query,
wherein the event data comprises one or more event parameters reported to the oracle device by a financial institution device that is separate from the blockchain node device and the oracle device;
wherein the event data comprises one or more event parameters reported to the oracle device via a wide area network by a financial institution device that is separate from the blockchain node device and the oracle device;
apply the allocation parameters to the one or more event parameters to determine a number of creditworthiness tokens based on an impact of financial activity on a creditworthiness associated with the identity;
apply the allocation parameters to the one or more event parameters to determine a number of creditworthiness tokens based on an impact of the financial activity on a creditworthiness of an entity associated with the identity;
mint each of the creditworthiness tokens within the blockchain network via one or more transactions recorded in a distributed ledger of the blockchain network; and
mint each of the number of creditworthiness tokens within the blockchain network via a first set of one or more transactions recorded in a distributed ledger database of the blockchain network; and
allocate the minted creditworthiness tokens to the identity via the first wallet address.
allocate the minted number of the creditworthiness tokens to the identity via the first wallet address and
a second set of one or more transactions that are recorded in the distributed ledger database and link the minted number of the creditworthiness tokens to the first wallet address.
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8. A blockchain node device in a blockchain network, wherein the blockchain node device comprises one or more processors and memory in communication with the one or more processors
7. A blockchain node device, comprising a processor and memory in communication with the processor
and storing a loan smart contract that,
and storing an issuance smart contract and a loan smart contract,
wherein one or more of the issuance smart contract or the loan smart contract,
when executed by the one or more processors, is configured to cause the blockchain node device to:
when executed by the processor, is configured to cause the blockchain node device to:
send a first query via one or more communication networks to an oracle device according to one or more execution timing parameters,
send a token query via one or more communication networks to an oracle device at a time determined according to one or more execution timing parameters defined in the issuance smart contract,
wherein the oracle device is external to the blockchain network and the first query comprises an identity of a borrower of a loan originated by a lender and an indication of the loan;
wherein the oracle device is external to a blockchain network hosting the issuance smart contract and the token query comprises an identity identified in the issuance smart contract;
receive loan data for the loan from the oracle device and via the one or more communication networks in response to the first query transmitted according to one or more execution timing parameters,
receive from the oracle device and via the one or more communication networks a number of creditworthiness tokens in response to the token query,
wherein the loan data is
wherein the number of creditworthiness tokens is determined based on event data for a financial transaction associated with the identity and
reported to the oracle device by a financial institution device that is separate from the blockchain node device and the oracle device;
reported to the oracle device via a wide area network by a financial institution device that is separate from the blockchain node device and the oracle device;
allocate the number of creditworthiness tokens to the identity via a first wallet address in the blockchain network and identified in the issuance smart contract and a set of one or more transactions that are recorded in a distributed ledger database of the blockchain network and link the number of the creditworthiness tokens to the first wallet address;
determine that the loan is in default based on the loan data, wherein the loan smart contract defines collateral for the loan comprising a first number of creditworthiness tokens, and
determine that a loan originated by a lender is in default, wherein the loan smart contract is associated with the identity, defines collateral for a loan comprising a first subset of the number of creditworthiness tokens,
comprises a first wallet address associated with the lender,
and comprises a second wallet address associated with the lender; and
wherein the first number of creditworthiness tokens represents an impact of financial activity on a creditworthiness associated with the identity; and
(See dependent claim 8: The blockchain node device of claim 7, wherein the number of creditworthiness tokens corresponds to an impact of a type of the financial transaction on a creditworthiness of an entity associated with the financial transaction and the identity corresponds to the entity.)
transfer the first number of creditworthiness tokens from a second wallet address associated with the borrower to the first wallet address via one or more transactions recorded in a distributed ledger database of the blockchain network.
transfer the first subset of the number of creditworthiness tokens from the first wallet address to the second wallet address via a second set of one or more transactions recorded in the distributed ledger database.
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13. A blockchain node device in a blockchain network, wherein the blockchain node device comprises one or more processors and
11. A blockchain node device, comprising:
a processor; and
memory in communication with the one or more processors and storing instructions that, when executed by the one or more processors, are configured to cause the blockchain node device to execute a loan smart contract to:
memory in communication with the processor and storing instructions that, when executed by the processor, are configured to cause the blockchain node device to executed one or more of a stored issuance smart contract,
comprising a first specification comprising an identity, a first wallet address in a blockchain network, and allocation parameters,
… [section relocated below] to:
send a first query via one or more communication networks to an oracle device according to one or more execution timing parameters,
send an event query via one or more communication networks to an oracle device external to the blockchain network,
wherein the oracle device is external to the blockchain network and the query comprises an identity
wherein the event query comprises the identity;
of a borrower of a loan originated by a lender and an indication of the loan;
receive loan data for the loan
receive event data associated with the identity via the one or more communication networks and
from the oracle device and via the one or more communication networks in response to the first query,
from the oracle device in response to the event query,
wherein the loan data is reported to the oracle device by a financial institution device that is separate from the blockchain node device and the oracle device;
wherein the event data is reported to the oracle device via a wide area network by a financial institution device that is separate from the blockchain node device and the oracle device;
determine a number of creditworthiness tokens based on an application of the allocation parameters to the event data;
allocate to the identity via the first wallet address the determined number of creditworthiness tokens and a first set of one or more transactions that are recorded in a distributed ledger database of the blockchain network and link the number of the creditworthiness tokens to the first wallet address;
query the oracle device via the one or more communication networks to
determine that a late payment on the loan has been made based on the loan data,
determine that a late payment on the loan has been made,
wherein the loan smart contract comprises the identity, a first wallet address associated with the borrower, and
[Relocated section]: or a stored loan smart contract, comprising a second specification comprising the identity and defining a late payment penalty for a loan originated by a lender,
wherein the late payment penalty comprises a first subset of the number of creditworthiness tokens and the loan smart contract comprises
a second wallet address associated with the lender and
a second wallet address associated with the lender; and
defines a late payment penalty for the loan comprising a first number of creditworthiness tokens,
(
wherein the first number of creditworthiness tokens represent an impact of financial activity on a creditworthiness associated with the identity; and
(See claim 14: The blockchain node device of claim 11, wherein the number of creditworthiness tokens corresponds to an impact of a type of a financial event on a creditworthiness of an entity, the type of the financial event is determined from the event data, and the identity corresponds to the entity.)
transfer the first number of creditworthiness tokens from the first wallet address to the second wallet address via one or more transactions recorded in a distributed ledger database of the blockchain network.
automatically transfer the first subset of the number of creditworthiness tokens from the first wallet address to the second wallet address via a second set of one or more transactions recorded in the distributed ledger database.
Moreover, some of the features that appear in the claims of the present application but not in the respective claims of the issued patent do not add any new patentable features.
Moreover, dependent of the present application are rejected because they depend from the rejected independent claims.
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 non-statutory subject matter. The claimed invention is directed to an abstract idea, without “significantly more”.
Based on the flowchart in MPEP § 2106, Step 1 of the Alice/Mayo analysis is: “Is the claim to a process, machine, manufacture or composition of matter?”
In regards to Step 1 of the Alice/Mayo analysis, independent claims 1, 8, and 13 are apparatus claims.
For the sake of compact prosecution, we continue with the Alice/Mayo “abstract idea” analysis.
Step 2A, prong 1 of the Alice/Mayo analysis is: “Does the claim recite a law of nature, a natural phenomenon (product of nature), or an abstract idea?”
In regards to Step 2A, prongs 1 and 2 of the Alice/Mayo analysis, the abstract idea elements recited in independent claim 1, 8, and 13 are shown in italic font. (The “additional elements” and “extra solution steps” are shown in italic and underlined font):
In regards to claim 1,
1. A blockchain node device in a blockchain network, the blockchain node device comprising one or more processors and memory in communication with the one or more processors and storing instructions that, when executed by the one or more processors, are configured to cause the blockchain node device to execute an issuance smart contract to:
send an event query to an oracle device external to the blockchain network according to one or more execution timing parameters, wherein the issuance smart contract comprises an identity, a first wallet address, and one or more allocation parameters and the event query comprises the identity;
receive event data associated with the identity from the oracle device in response to the event query transmitted according to the one or more execution timing parameters, wherein the event data comprises one or more event parameters reported to the oracle device by a financial institution device that is separate from the blockchain node device and the oracle device;
apply the allocation parameters to the one or more event parameters to determine a number of creditworthiness tokens based on an impact of financial activity on a creditworthiness associated with the identity;
mint each of the creditworthiness tokens within the blockchain network via one or more transactions recorded in a distributed ledger of the blockchain network; and
allocate the minted creditworthiness tokens to the identity via the first wallet address.
In regards to claim 8,
8. A blockchain node device in a blockchain network, wherein the blockchain node device comprises one or more processors and memory in communication with the one or more processors and storing a loan smart contract that, when executed by the one or more processors, is configured to cause the blockchain node device to:
send a first query via one or more communication networks to an oracle device according to one or more execution timing parameters, wherein the oracle device is external to the blockchain network and the first query comprises an identity of a borrower of a loan originated by a lender, an indication of the loan;
receive loan data for the loan from the oracle device and via the one or more communication networks in response to the first query transmitted according to the one or more execution timing parameters, wherein the loan data is reported to the oracle device by a financial institution device that is separate from the blockchain node device and the oracle device;
determine that the loan is in default based on the loan data, wherein the loan smart contract defines collateral for the loan comprising a first number of creditworthiness tokens, and comprises a first wallet address associated with the lender, wherein the first number of creditworthiness tokens represents an impact of financial activity on a creditworthiness associated with the identity; and
transfer the first number of creditworthiness tokens from a second wallet address associated with the borrower to the first wallet address via one or more transactions recorded in a distributed ledger database of the blockchain network.
In regards to claim 13,
13. A blockchain node device in a blockchain network, wherein the blockchain node device comprises one or more processors and memory in communication with the one or more processors and storing instructions that, when executed by the one or more processors, are configured to cause the blockchain node device to execute a loan smart contract to:
send a first query via one or more communication networks to an oracle device according to one or more execution timing parameters, wherein the oracle device is external to the blockchain network and the query comprises an identity of a borrower of a loan originated by a lender and an indication of the loan;
receive loan data for the loan from the oracle device and via the one or more communication networks in response to the first query transmitted according to the one or more execution timing parameters, wherein the loan data is reported to the oracle device by a financial institution device that is separate from the blockchain node device and the oracle device;
determine that a late payment on the loan has been made based on the loan data, wherein the loan smart contract comprises the identity, a first wallet address associated with the borrower, and a second wallet address associated with the lender and defines a late payment penalty for the loan comprising a first number of creditworthiness tokens, wherein the first number of creditworthiness tokens represent an impact of financial activity on a creditworthiness associated with the identity; and
transfer the first number of creditworthiness tokens from the first wallet address to the second wallet address via one or more transactions recorded in a distributed ledger database of the blockchain network.
More specifically, claims 1-20 recite an abstract idea: “Certain Methods of Organizing Human Activity", specifically “Commercial or Legal Interactions (Including Agreements in the form of Contracts; Legal Obligations; Advertising, Marketing, or Sales Activities or Behaviors; Business Relations)”, as discussed in MPEP §2106(a)(2) Parts (I) and (II), and in the 2019 Revised Patent Subject Matter Eligibility Guidance.
In regards to claim 1, the “Commercial or Legal Interactions” elements include:
“wherein the issuance smart contract comprises an identity, a first wallet address, and one or more allocation parameters and the event query comprises the identity”.
“apply the allocation parameters to the one or more event parameters to determine a number of creditworthiness tokens based on an impact of financial activity on a creditworthiness associated with the identity”. (The examiner interprets that “credit scores” reads upon the claimed “creditworthiness tokens”)
“mint each of the creditworthiness tokens within a blockchain network via one or more transactions recorded in a distributed ledger of the blockchain network”. (The examiner interprets that “credit scores” reads upon the claimed “creditworthiness tokens”)
In regards to claim 8, the “Commercial or Legal Interactions” elements include:
“determine that the loan is in default based on the loan data, wherein the loan smart contract defines collateral for the loan comprising a first number of creditworthiness tokens, and comprises a first wallet address associated with the lender, wherein the first number of creditworthiness tokens represents an impact of financial activity on a creditworthiness associated with the identity”.
In regards to claim 13, the “Commercial or Legal Interactions” elements include:
“determine that a late payment on the loan has been made based on the loan data, wherein the loan smart contract comprises the identity, a first wallet address associated with the borrower, and a second wallet address associated with the lender and defines a late payment penalty for the loan comprising a first number of creditworthiness tokens, wherein the first number of creditworthiness tokens represent an impact of financial activity on a creditworthiness associated with the identity”.
Moreover, claims 1-7 recite “Mathematical Concepts", specifically “Mathematical Relationships”, “Mathematical Formulas or Equations”, and “Mathematical Calculations”, as discussed in MPEP §2106.04(a)(2) Part (IV), and in the 2019 Revised Patent Subject Matter Eligibility Guidance.
In regards to claim 1, mathematic elements include:
“apply the allocation parameters to the one or more event parameters to determine a number of creditworthiness tokens based on an impact of financial activity on a creditworthiness associated with the identity”.
In regards to claim 1, “additional elements” include: “one or more processors”, “memory in communication with the one or more processors”, and “an oracle device”.
In regards to claim 8, “additional elements” include: “one or more processors”, “memory in communication with the one or more processors”, “an oracle device”, and “one or more communication networks”.
In regards to claim 13, “additional elements” include: “one or more processors”, “memory in communication with the one or more processors”, “an oracle device”, and “one or more communication networks”.
In regards to claim 1, “additional extra-solution elements” include: “memory … storing instructions that, when executed by the one or more processors, are configured to cause the blockchain node device to execute an issuance smart contract”, “send an event query to an oracle device external to the blockchain network”, “receive event data associated with the identity from the oracle device in response to the event query”, and “allocate the minted creditworthiness tokens to the identity via the first wallet address”.
In regards to claim 8, “additional extra-solution elements” include: “memory … storing a loan smart contract that, when executed by the one or more processors, is configured to cause the blockchain node device”, “send a first query via one or more communication networks to an oracle device external to the blockchain network”, “receive loan data for the loan from the oracle device and via the one or more communication networks in response to the first query”, and “transfer the first number of creditworthiness tokens from a second wallet address associated with the borrower to the first wallet address via one or more transactions recorded in a distributed ledger database of the blockchain network”.
In regards to claim 13, “additional extra-solution elements” include: “memory … storing instructions that, when executed by the one or more processors, are configured to cause the blockchain node device to execute a loan smart contract”, “send a first query via one or more communication networks to an oracle device external to the blockchain network”, “receive loan data for the loan from the oracle device and via the one or more communication networks in response to the first query”, and “transfer the first number of creditworthiness tokens from the first wallet address to the second wallet address via one or more transactions recorded in a distributed ledger database of the blockchain network”.
Step 2A, prong 2 of the Alice/Mayo analysis is “Does the claim recite additional elements that integrate elements that integrate the judicial exception into a practical application?”
In regards to Step 2A, prong 2 of the Alice/Mayo analysis, this abstract idea is not integrated into a practical application, because:
The claim is directed to an abstract idea with additional generic computer elements. The generically recited computer elements in independent claims 1, 8, and 13 (“one or more processors”, “memory in communication with the one or more processors”, “an oracle device”, and “one or more communication networks”) do not add a meaningful limitation to the abstract idea, because they amount to simply implementing the abstract idea on a computer. The claim amounts to adding the words "apply it" (or an equivalent) with the abstract idea, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea.
The extra-solution activities recited in independent claims 1, 8, and 13 do not add a meaningful limitation to the method, as they are insignificant extra-solution activity:
“memory … storing instructions that, when executed by the one or more processors, are configured to cause the blockchain node device to execute an issuance smart contract”,
“send a first query via one or more communication networks to an oracle device external to the blockchain network”,
“receive event data associated with the identity from the oracle device in response to the event query”,
“receive loan data for the loan from the oracle device and via the one or more communication networks in response to the first query”,
“allocate the minted creditworthiness tokens to the identity via the first wallet address”,
“transfer the first number of creditworthiness tokens from a second wallet address associated with the borrower to the first wallet address via one or more transactions recorded in a distributed ledger database of the blockchain network”, and
“transfer the first number of creditworthiness tokens from the first wallet address to the second wallet address via one or more transactions recorded in a distributed ledger database of the blockchain network”.
The combination of the abstract idea with the additional elements (generically recited computer elements), and/or with the extra-solution activities, does not integrate the abstract idea into a practical application.
Step 2B of the Alice/Mayo analysis is: “Does the claim recite additional elements that amount to significantly more than the judicial exception?”
In regards to Step 2B of the Alice/Mayo analysis, the claims do not include additional elements that are sufficient to amount to significantly more than the abstract idea, because:
When considering the elements "alone and in combination" (“one or more processors”, “memory in communication with the one or more processors”, “an oracle device”, and “one or more communication networks”), they do not add significantly more (also known as an "inventive concept") to the exception, because they amount to simply implementing the abstract idea on a computer. Instead, they merely add the words "apply it" (or an equivalent) with the abstract idea, or mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to perform an abstract idea.
In regards to the extra solution activities (“storing”, “sending”, “receiving”, “allocating”, and “transferring”), these are recognized as such by the court decisions listed in MPEP § 2106.05(d).
More specifically, in regards to the “storing” step, see the court cases Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015) (storing and retrieving information in memory); and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015) (storing and retrieving information in memory).
More specifically, in regards to the “storing”, “sending”, “receiving”, “allocating”, “transferring” steps, see the court cases OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network) and (presenting offers and gathering statistics), OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
Moreover, in regards to “apply it”, according to MPEP § 2106.05(f)(2):
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. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, "claiming the improved speed or efficiency inherent with applying the abstract idea on a computer" does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015).
In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
The Examiner holds that the independent claims “use a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data)” or “simply add a general purpose computer or computer components after the fact to an abstract idea”.
All dependent claims are also rejected, because they merely further define the abstract idea.
Response to Amendments
Re: Double Patenting
The Double Patenting rejections have been amended, as necessitated by Applicant’s amendments to the claims.
Re: Claim Rejections - 35 USC § 101
The 35 USC § 101 rejections have been amended, as necessitated by Applicant’s amendments to the claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications should be directed to Examiner Ayal Sharon, whose telephone number is (571) 272-5614, and fax number is (571) 273-1794. The Examiner can normally be reached from Monday to Friday between 9 AM and 6 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SPE Christine Behncke can be reached at (571) 272-8103 or at christine.behncke@uspto.gov. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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Sincerely,
/Ayal I. Sharon/
Examiner, Art Unit 3695
March 27, 2026