Do youDETAILED 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 .
This communication is in response to Application No. 18/789497, filed on 7/30/2024. Claims 1-20 are currently pending and have been examined. Claims 1-20 have been rejected as follows.
Double Patenting
The nonstatutory 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 nonstatutory 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 nonstatutory 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12086863. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the patented claims as demonstrated below:
Instant Application
US PAT 12086863
1. A computing system, comprising:
1. A computing system, comprising:
a database retrievably storing information associated with a user including information relating to an account associated with the user and information received from a first third-party computing system including first information; and
a customer database retrievably storing information associated with a customer including information relating to an account associated with the customer and information received from a third-party computing system, the information received from the third-party computing system including a first offer;
a processing circuit coupling to the database and to a user device associated with the account, wherein the user device comprises a data storage, and the processing circuit is structured to:
a network interface circuit structured to enable the computing system to exchange information over a network;
and a processing circuit coupling to the customer database and to a payment device associated with the account, wherein the payment device comprises a data storage, and the processing circuit is structured to:
receive, from the first third-party computing system, second information;
receive, from the third-party computing system over the network, a second offer;
update the information associated with the user to include the second information;
update the information associated with the customer to include the second offer;
determine to transmit the first information to the data storage of the user device and to refrain from transmitting the second information;
determine to transmit the first offer to the data storage of the payment device and to refrain from transmitting the second offer;
transmit the first information to the user device for storage in the data storage of the user device; and
transmit the first offer to the payment device for storage in the data storage of the payment device;
in response to a request from a second third-party computing system, transmit the second information to the user device for storage in the data storage of the user device, the second information associated with the request.
and in response to a request for a transaction from a transaction terminal, transmit the second offer to the payment device for storage in the data storage of the payment device, the second offer applicable to the transaction.
2. The computing system of claim 1, wherein the processing circuit is further structured to organize the first information and the second information in the database according to a ranking.
2. The computing system of claim 1, wherein the processing circuit is further structured to organize the first offer and the second offer in the customer database according to a ranking.
3. The computing system of claim 1, wherein the processing circuit is further structured to (1) identify an entity based on the request and (2) identify the second information as being associated with the entity.
3. The computing system of claim 1, wherein the processing circuit is further structured to identify a merchant based on the request for the transaction, and to identify the second offer as being associated with the merchant.
4. The computing system of claim 1, wherein the processing circuit is further structured to cooperate with a circuit of the user device to establish a mobile account on the user device and to provide the information associated with the user to the mobile account.
4. The computing system of claim 1, wherein the processing circuit is further structured to cooperate with a mobile wallet circuit to establish a mobile wallet account on a mobile device associated with the customer, wherein the processing circuit is structured to provide the information associated with the customer to the mobile wallet circuit over the network.
5. The computing system of claim 1, wherein the processing circuit is further structured to cooperate with a circuit of the user device to provide an interface to the user device, the interface configured to present, via a display device of the user device, at least some of the information associated with the user.
5. The computing system of claim 4, wherein the processing circuit is further structured to cooperate with the mobile wallet circuit to provide the customer with an interface that allows the customer to view at least some of the information associated with the customer.
6. The computing system of claim 5, wherein the processing circuit is further structured to cooperate with the circuit of the user device to receive an input regarding a user selection of the first information or the second information, the processing circuit structured to provide the first information or the second information to the data storage of the user device responsive to the input.
6. The computing system of claim 5, wherein the processing circuit is further structured to cooperate with the mobile wallet circuit to receive an input regarding a customer selection of the information associated with the customer for the processing circuit to provide to the payment device.
7. The computing system of claim 5, wherein the processing circuit is further structured to cooperate with the circuit of the user device to provide, to the user via the user device, an alert relating to the information associated with the user.
7. The computing system of claim 5, wherein the processing circuit is further structured to cooperate with the mobile wallet circuit to provide the customer with an alert relating to the information associated with the customer.
8. The computing system of claim 7, wherein the alert includes an indication of an upcoming change to the information received from the first third-party computing system.
8. The computing system of claim 7, wherein the alert includes an indication of an upcoming expiration of an offer received from the third-party computing system.
9. The computing system of claim 1, wherein the processing circuit is further structured to receive the request from the second third-party computing system using the user device, wherein the request does not reflect the information associated with the user.
9. The computing system of claim 1, wherein the processing circuit is further structured to receive the request for the transaction from the transaction terminal using the payment device, wherein the request for the transaction does not reflect the information associated with the customer.
10. A computing system, comprising:
a processing circuit operatively coupled to a database and a user device associated with the user, wherein the processing circuit is structured to:
10. A computing system, comprising: a customer database retrievably storing information associated with a customer; a network interface circuit structured to enable the computing system to exchange information over a network; and a processing circuit operatively coupling to the customer database and a payment device associated with one of the one or more accounts, wherein the processing circuit is structured to:
receive, from a first third-party computing system, first information and second information;
receive, from a third-party computing system over the network, a first offer and a second offer;
store the first information and the second information in the database, wherein the information associated with the user includes the stored first information and the stored second information;
store the first offer and the second offer in the customer database, wherein the information associated with the customer includes the stored first offer and the stored second offer;
determine to include one of the first information or the second information in an update for storage in a data storage of the user device and refrain from including the other one of the first information or the second information in the update;
determine to include one of the first offer or the second offer in an update for storage in a data storage of the payment device and refrain from including the other one of the first offer or the second offer in the update;
transmit the update to the user device for storage in the data storage of the user device;
transmit the update to the payment device for storage in the data storage of the payment device;
and in response to a request from a second third-party computing system, transmit the other of the first information or the second information to the user device for storage in the data storage of the user device, the other of the first information or the second information associated with the request.
and in response to a request for a transaction from a transaction terminal, transmit the second offer to the payment device for storage in the data storage of the payment device, the second offer applicable to the transaction.
11. The computing system of claim 10, wherein the processing circuit is further structured to cooperate with a circuit of user device to establish a mobile account on the user device and to provide the information associated with the user to the mobile account.
11. The computing system of claim 10, wherein the processing circuit is further structured to cooperate with a mobile wallet circuit to establish a mobile wallet account on a mobile device associated with the customer, wherein the processing circuit is further structured to provide the information associated with the customer to the mobile wallet circuit over the network.
12. The computing system of claim 10, wherein the processing circuit is further structured to cooperate with a circuit to provide an interface to the user device, the interface configured to present, via a display device of the user device, at least some of the information associated with the user.
12. The computing system of claim 11, wherein the processing circuit is further structured to cooperate with the mobile wallet circuit to provide the customer with an interface that allows the customer to view at least some of the information associated with the customer.
13. The computing system of claim 12, wherein the processing circuit is further structured to cooperate with the circuit to receive an input that includes a user selection of the first information or the second information, the processing circuit structured to provide the first information or the second information to the data storage of the user device responsive to the input.
13. The computing system of claim 12, wherein the processing circuit is further structured to cooperate with the mobile wallet circuit to receive an input that includes a customer selection of the information associated with the customer for the processing circuit to provide to the payment device.
14. The computing system of claim 10, wherein the update includes a deletion of third information from the data storage of the user device, wherein the processing circuit is further structured to cause the deletion of the third information from the data storage of the user device.
14. The computing system of claim 10, wherein the update includes a deletion of a third offer, wherein the processing circuit is further structured to cause the deletion of the third offer from the data storage of the payment device.
Claims 1-8 and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 16-20 of U.S. Patent No. 10510107.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of US 11341561.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the patented claims as demonstrated below:
Instant Application
US 10510107
US 11341561
1. A computing system, comprising:
1. A financial institution computing system, the system comprising:
1. A financial institution computing system, comprising:
a database retrievably storing information associated with a user including information relating to an account associated with the user and information received from a first third-party computing system including first information; and
a customer database structured to retrievably store financial information relating to at least one payment card account associated with a customer and non-financial information received from at least one merchant computing system and associated with the customer, the non-financial information including a first promotional offer;
a customer database structured to retrievably store financial information relating to one or more accounts associated with a customer and non-financial information received from at least one merchant computing system and associated with the customer, the non-financial information including a first promotional offer;
a processing circuit coupling to the database and to a user device associated with the account, wherein the user device comprises a data storage, and the processing circuit is structured to:
a network interface circuit structured to enable the financial institution computing system to exchange information over a network;
and a data circuit operatively coupling to the customer database a payment card associated with one of the at least one payment card account, the data circuit structured to:
a network interface circuit structured to enable the financial institution computing system to exchange information over a network;
and a data circuit operatively coupling to the customer database and to a payment device associated with one of the one or more accounts, wherein the payment device comprises a circuitry system and a data storage, and the data circuit is structured to:
receive, from the first third-party computing system, second information;
receive information associated with the customer from at least one merchant computing system over the network, the information including a second promotional offer,
receive information associated with the customer from at least one merchant computing system over the network, the information including a second promotional offer,
update the information associated with the user to include the second information;
and update the non-financial information in the customer database to include the second promotional offer;
and update the non-financial information in the customer database to include the second promotional offer;
determine to transmit the first information to the data storage of the user device and to refrain from transmitting the second information;
determine to include the first promotional offer in an update for storage on the payment card and to refrain from including the second promotional offer in the update;
determine to include the first promotional offer in an update for storage in the data storage of the payment device and to refrain from including the second promotional offer in the update;
transmit the first information to the user device for storage in the data storage of the user device; and
transmit the update for the payment card for storage on the payment card;
transmit the update to the payment device for storage in the data storage of the payment device;
in response to a request from a second third-party computing system, transmit the second information to the user device for storage in the data storage of the user device, the second information associated with the request.
receive a transaction request from a transaction terminal using the payment card corresponding to one of the at least one payment card account, the transaction request not reflecting the second promotional offer;
determine that the second promotional offer applies to the transaction request;
and transmit to the transaction terminal, in response to the transaction request, at least one of a transaction approval indicating that the second promotional offer was used and a request for approval of application of the second promotional offer.
receive a transaction request from a transaction terminal using the payment device, the transaction request not reflecting the second promotional offer;
determine that the second promotional offer applies to the transaction request;
and transmit to the transaction terminal, in response to the transaction request, at least one of a transaction approval indicating that the second promotional offer was used and a request for approval of application of the second promotional offer.
2. The computing system of claim 1, wherein the processing circuit is further structured to organize the first information and the second information in the database according to a ranking.
2. The financial institution computing system of claim 1, wherein the data circuit is further structured to organize the first promotional offer and the second promotional offer included in the non-financial information in the customer database in a ranking of promotional offers, and wherein the data circuit is further structured to determine to refrain from including the second promotional offer in the update based on the second promotional offer not having a high enough position in the ranking.
2. The financial institution computing system of claim 1, wherein the data circuit is further structured to organize the first promotional offer and the second promotional offer included in the non-financial information in the customer database in a ranking of promotional offers, and wherein the data circuit is further structured to determine to refrain from including the second promotional offer in the update based on the second promotional offer not having a high enough position in the ranking.
3. The computing system of claim 1, wherein the processing circuit is further structured to (1) identify an entity based on the request and (2) identify the second information as being associated with the entity.
3. The financial institution computing system of claim 1, wherein the data circuit is further structured to identify a merchant using the transaction request, and identify the non-financial information including the second promotional offer as being associated with the merchant.
3. The financial institution computing system of claim 1, wherein the data circuit is further structured to identify a merchant using the transaction request, and identify the non-financial information including the second promotional offer as being associated with the merchant.
4. The computing system of claim 1, wherein the processing circuit is further structured to cooperate with a circuit of the user device to establish a mobile account on the user device and to provide the information associated with the user to the mobile account.
4. The financial institution computing system of claim 1, wherein the data circuit is further structured to cooperate with a mobile wallet circuit to establish a mobile wallet account that includes the one of the at least one payment card account on a mobile device associated with the customer, wherein the data circuit is further structured to provide non-financial information associated with the customer to the mobile wallet circuit over the network.
4. The financial institution computing system of claim 1, wherein the data circuit is further structured to cooperate with a mobile wallet circuit to establish a mobile wallet account that includes the one or more accounts on a mobile device associated with the customer, wherein the data circuit is further structured to provide the non-financial information associated with the customer to the mobile wallet circuit over the network.
5. The computing system of claim 1, wherein the processing circuit is further structured to cooperate with a circuit of the user device to provide an interface to the user device, the interface configured to present, via a display device of the user device, at least some of the information associated with the user.
5. The financial institution computing system of claim 4, wherein the data circuit cooperates with the mobile wallet circuit to provide the customer with an interface that allows the customer to view at least some of the non-financial information in the customer database.
5. The financial institution computing system of claim 4, wherein the data circuit is further structured to cooperate with the mobile wallet circuit to provide the customer with an interface that allows the customer to view at least some of the non-financial information in the customer database.
6. The computing system of claim 5, wherein the processing circuit is further structured to cooperate with the circuit of the user device to receive an input regarding a user selection of the first information or the second information, the processing circuit structured to provide the first information or the second information to the data storage of the user device responsive to the input.
6. The financial institution computing system of claim 5, wherein the data circuit cooperates with the mobile wallet circuit to receive user inputs that includes customer selections of non-financial information for the data circuit to provide to the payment card.
6. The financial institution computing system of claim 5, wherein the data circuit is further structured to cooperate with the mobile wallet circuit to receive user inputs that include customer selections of the non-financial information for the data circuit to provide to the payment device.
7. The computing system of claim 5, wherein the processing circuit is further structured to cooperate with the circuit of the user device to provide, to the user via the user device, an alert relating to the information associated with the user.
7. The financial institution computing system of claim 5, wherein the data circuit cooperates with the mobile wallet circuit to provide the customer with alerts relating to the non-financial information in the customer database.
7. The financial institution computing system of claim 5, wherein the data circuit is further structured to cooperate with the mobile wallet circuit to provide the customer with alerts relating to the non-financial information in the customer database.
8. The computing system of claim 7, wherein the alert includes an indication of an upcoming change to the information received from the first third-party computing system.
8. The financial institution computing system of claim 7, wherein the alerts include indications of upcoming expirations of merchant offers.
8. The financial institution computing system of claim 7, wherein the alerts include indications of upcoming expirations of merchant offers.
Claims 15-20 recited parallel claim language to claims 1-8
Claim 16-20 recite parallel claim language and also anticipate the instant application claims 15-20
For these reasons it is determined while the conflicting claims are not identical, at least one examined application claim is not patentably distinct from the reference claims because the examined application is anticipated by the reference claims as shown in the mapping comparison above. (MPEP 804(II)(B)(1).
Claims 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 2, 3, 5, 7, 8 of U.S. Patent No. 12086863 in view of Okerlund (US 2014/0279420).
The instant application claims 15-20 and claims 1, 2, 3, 5, 7, and 8 differ only by statutory class in that the instant application claims 15-20 are directed to “A non-transitory computer-readable media with computer-executable instructions embodied thereon, wherein the computer-executable instructions, when executed by one or more processors of a computing system, cause the computing system to perform operations, comprising”. While the operations performed in claims 15-20 are taught in the reference claims of U.S. Patent No. 12086863 claims 1, 2, 3, 5, 7, 8, the computer readable medium is not taught in the reference claims.
However Okerlund teaches [0182] These structures may constitute either software modules (e.g. code embodied (1) on a non-transitory machine-readable medium or (2) in a transmission signal) or hardware-implemented modules. In example embodiments, one or more computer systems (e.g. a standalone, client or server computer system) or one or more processors may be configured by software (e.g., an application or application portion) as hardware that operates to perform certain operations as described herein.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented to limitations on a computer readable medium executed by one or more processors, as taught in Okerlund, since the combination is merely a combination of old elements, and in combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized the results of the combination were predictable. (MPEP 2143 (I)(A)).
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.
Step 1: The claims 1-14 are a system and claims 15-20 are a computer readable medium. Thus, each independent claim, on its face, is directed to one of the statutory categories of 35 U.S.C. §101. However, the claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A Prong 1: The independent claims (1, 10 and 15) recite:
Claim 1: A computing system, comprising:
a database retrievably storing information associated with a user including information relating to an account associated with the user and information received from a first third-party computing system including first information; and
a processing circuit coupling to the database and to a user device associated with the account, wherein the user device comprises a data storage, and the processing circuit is structured to:
receive, from the first third-party computing system, second information;
update the information associated with the user to include the second information;
determine to transmit the first information to the data storage of the user device and to refrain from transmitting the second information;
transmit the first information to the user device for storage in the data storage of the user device; and
in response to a request from a second third-party computing system, transmit the second information to the user device for storage in the data storage of the user device, the second information associated with the request.
Claim 10: A computing system, comprising:
a processing circuit operatively coupled to a database and a user device associated with the user, wherein the processing circuit is structured to:
receive, from a first third-party computing system, first information and second information;
store the first information and the second information in the database, wherein the information associated with the user includes the stored first information and the stored second information;
determine to include one of the first information or the second information in an update for storage in a data storage of the user device and refrain from including the other one of the first information or the second information in the update;
transmit the update to the user device for storage in the data storage of the user device; and
in response to a request from a second third-party computing system, transmit the other of the first information or the second information to the user device for storage in the data storage of the user device, the other of the first information or the second information associated with the request.
Claim 15: A non-transitory computer-readable media with computer-executable instructions embodied thereon, wherein the computer-executable instructions, when executed by one or more processors of a computing system, cause the computing system to perform operations, comprising:
receiving, from a first third-party computing system, information associated with a user including first information;
receiving, from the first third-party computing system, second information;
updating the information associated with the user to include the second information;
determining to transmit the first information to a data storage of a user device and to refrain from transmitting the second information;
transmitting the first information to the user device for storage in the data storage of the user device; and
transmitting, in response to a request from a second third-party computing system, the second information to the user device for storage in the data storage of the user device, the second information associated with the request.
These limitations, except for the italicized portions, under their broadest reasonable interpretations, recite certain methods of organizing human activity for managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) as well as commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). The claimed invention recites steps for processing information as it relates to transactions and consumers connected to those transactions via their user accounts (see [0003 of the specification). The steps under its broadest reasonable interpretation specifically fall under sales activities. The Examiner notes that although the claim limitations are summarized, the analysis regarding subject matter eligibility considers the entirety of the claim and all of the claim elements individually, as a whole, and in ordered combination.
Prong 2: This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of:
Claim 1: A computing system, comprising:
a database
from a first third-party computing system
a processing circuit coupling to the database and to a user device associated with the account, wherein the user device comprises a data storage, and the processing circuit is structured to:
from the first third-party computing system
to the data storage of the user device
to the user device for storage in the data storage of the user device; and
from a second third-party computing system,
to the user device for storage in the data storage of the user device,
Claim 10: A computing system, comprising:
a processing circuit operatively coupled to a database and a user device associated with the user, wherein the processing circuit is structured to:
from a first third-party computing system,
in the database
for storage in a data storage of the user device
to the user device for storage in the data storage of the user device; and
from a second third-party computing system
to the user device for storage in the data storage of the user device
Claim 15: A non-transitory computer-readable media with computer-executable instructions embodied thereon, wherein the computer-executable instructions, when executed by one or more processors of a computing system, cause the computing system to perform operations, comprising:
from a first third-party computing system
from the first third-party computing system
to a data storage of a user device
to the user device for storage in the data storage of the user device; and
from a second third-party computing system,
to the user device for storage in the data storage of the user device
The additional elements of emphasized above are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of processing data) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The limitations do not impose any meaningful limits on practicing the abstract idea, and therefore do not integrate the abstract idea into a practical application – MPEP 2106.05(f).
Accordingly, these additional elements when considered individually or as a whole do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The independent claims are directed to an abstract idea.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A Prong two, the additional elements in the claims amount to no more than mere instructions to apply the judicial exception using a generic computer component.
Even when considered as an ordered combination, the additional elements of claim 1, 10, and 15 do not add anything that is not already present when they are considered individually. Therefore, under Step 2B, there are no meaningful limitations in claims 1, 10, and 15 that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself (see MPEP 2106.05).
As such, independent claims 1, 10, and 15 are ineligible.
Dependent claims 2-9, 11-14, and 16-20 when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. §101 because the additional recited limitations fail to establish that the claims are not directed to the same abstract idea of Independent Claims 1, 10 and 15 without significantly more.
Claim 2 recites wherein the processing circuit is further structured to organize the first information and the second information in the database according to a ranking. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 3 recites wherein the processing circuit is further structured to (1) identify an entity based on the request and (2) identify the second information as being associated with the entity. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 4 recites wherein the processing circuit is further structured to cooperate with a circuit of the user device to establish a mobile account on the user device and to provide the information associated with the user to the mobile account. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 5 recites wherein the processing circuit is further structured to cooperate with a circuit of the user device to provide an interface to the user device, the interface configured to present, via a display device of the user device, at least some of the information associated with the user. The limitation recites the additional elements of a display device of the user device, however is recited at high level of generality merely applying the abstract idea and does not integrate the judicial exception into a practical application.
Claim 6 recites wherein the processing circuit is further structured to cooperate with the circuit of the user device to receive an input regarding a user selection of the first information or the second information, the processing circuit structured to provide the first information or the second information to the data storage of the user device responsive to the input. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 7 recites wherein the processing circuit is further structured to cooperate with the circuit of the user device to provide, to the user via the user device, an alert relating to the information associated with the user. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 8 recites wherein the alert includes an indication of an upcoming change to the information received from the first third-party computing system. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 9 recites wherein the processing circuit is further structured to receive the request from the second third-party computing system using the user device, wherein the request does not reflect the information associated with the user. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 11 recites wherein the processing circuit is further structured to cooperate with a circuit of user device to establish a mobile account on the user device and to provide the information associated with the user to the mobile account. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 12 recites wherein the processing circuit is further structured to cooperate with a circuit to provide an interface to the user device, the interface configured to present, via a display device of the user device, at least some of the information associated with the user. The limitation recites the additional elements of a display device of the user device, however is recited at high level of generality merely applying the abstract idea and does not integrate the judicial exception into a practical application.
Claim 13 recites wherein the processing circuit is further structured to cooperate with the circuit to receive an input that includes a user selection of the first information or the second information, the processing circuit structured to provide the first information or the second information to the data storage of the user device responsive to the input. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 14 recites wherein the update includes a deletion of third information from the data storage of the user device, wherein the processing circuit is further structured to cause the deletion of the third information from the data storage of the user device. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 16 recites the further comprising: organizing the first information and the second information in a database according to a ranking. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 17 recites the operations further comprising: identifying an entity based on the request; and identifying the second information as being associated with the entity. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 18 recites the operations further comprising: providing an interface to the user device, the interface configured to present, via a display device of the user device, at least some of the information associated with the user. The limitation recites the additional elements of a display device of the user device, however is recited at high level of generality merely applying the abstract idea and does not integrate the judicial exception into a practical application.
Claim 19 recites the operations further comprising: providing, to the user via the user device, an alert relating to the information associated with the user. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 20 recites wherein the alert includes an indication of an upcoming change to the information received from the first third-party computing system. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
For these reasons claims 1-20 are rejected under 35 USC 101.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Okerlund (US 2014/0279420) in view of Chen (US 2013/0246147).
Regarding claim 1, Okerlund discloses:
A computing system, comprising:
a database retrievably storing information associated with a user including information relating to an account associated with the user and information received from a first third-party computing system including first information; and (Figure 16 of database containing participant ID and incentive offer data; [0278] In the embodiment illustrated in FIG. 15, the incentive program manager 15C also maintains a variety of methods for merchants to communicate with the IPM 15A. This enables the IPM to receive information from merchants about the types of incentive offers they wish to send out and the characteristics of those customers, and also to provide consulting and other analytics services to merchants by utilizing the links between 15B and 15A. Taking into account the desired incentive offers received from merchants, and utilizing the data available through the data available in 15B, the IPM can communicate or deliver incentive offers to optimized program registrants represented by 15D in this particular embodiment. [0279] FIG. 16 is a visual depiction of exemplar data which can be stored in a database and associated with one or more unique program registrants. Specifically, 16C2 is, in this embodiment, an IPM containing numerous program registrant records. One such record is called out in the bottom right-hand of 16C2. As depicted by FIGS. 16B1 through 16B7, a wide variety of information may be associated with a particular record.
a processing circuit coupling to the database and to a user device associated with the account, wherein the user device comprises a data storage (smart device offers may be downloaded to in Figure 8B and [0014], and the processing circuit is structured to: [0091, Figure 33, 34 [0120] In another embodiment, incentive offers are sent to a program registrant based on information shared dynamically through an electronic device. [0121] In accordance with one embodiment of the system and method, a database query is run to identify incentive offers which correspond to the dynamically-provided location information and/or other parameters set by either or both the merchant and program registrant.]
receive, from the first third-party computing system (A merchant of the IPM), second information; (shown in Figure 8B a plurality of incentives triggered for multiple different merchants based on location); update the information associated with the user to include the second information;[0225] In another embodiment, GPS systems associated with a program registrant can be utilized to generate or trigger incentives if the data is transmitted (even transmitted periodically) or otherwise accessible by the IPM. A GPS located in a vehicle, for example, may be utilized in certain embodiments. Where a phone is not equipped with GPS technology, or said GPS data is not transmittable, location data may still be obtainable. For example, cell phones utilizing radio frequencies that are picked up and transmitted from cell phone towers. In general, cell phone towers that are physically closest to a cell phone are utilized. As will be recognized by one of skill in the art, even where an individual is not actively talking on their phone, data from that phone is transmitted to and from that cell phone such that a cell phone network "knows" where (roughly) a customer is, and is thus able to transmit incoming calls to that customer wherever they are. That data in aggregate form may be utilized to show travel patterns for any one consumer, and said data may, in certain embodiments, be utilized by the IPM 71 or other entity, and/or stored in a database 74. Said data 74 is especially powerful for identifying appropriate incentive offers for delivery to program registrants traveling for business or pleasure outside of their home territory.
determine to transmit the first information to the data storage of the user device and to refrain from transmitting the second information; [0266] Once the incentive offer is created, it is then communicated to the program registrants 141, who have either enrolled one or more preexisting electronic payment instruments in the incentive program 14G or have been issued a new eligible EPI 14H. The incentive offer is communicated to the program registrant through any communicati