DETAILED ACTION
Acknowledgements
The amendment filed on 8/02/2024 is acknowledged.
Claims 1-8 and 11-22 are pending.
Claims 1-8 and 11-22 have been examined.
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 .
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 1-8 and 11-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Analysis
In the instant case, claims 1-8 are directed to a method, claims 11-18 are directed to a system, and claims 19-22 are directed to a CRM. Therefore, these claims fall within the four statutory categories of invention.
The claim(s) recite(s) currency exchange. Specifically, the claims recite “determining, via an [intermediation engine], that an exchange has occurred within the [virtual platform], the exchange being of a first data record for a first amount of a first electronic currency associated with the [virtual platform], the first data record associated with a [computing device] external to the virtual platform, the exchange associated with a first account profile associated with the [computing device]; exchanging, via the [intermediation engine], within the [virtual platform], the first amount of the first electronic currency, for a second data record associated with the [virtual platform]; maintaining, via the [intermediation engine], at a first [memory], an indication of the second data record; exchanging via the [intermediation engine], the indication of the second data record for a second amount of a second electronic currency used external to the [virtual platform], the second amount received external to the [virtual platform]; transferring, via the [intermediation engine], within the [virtual platform], the second data record to a second account profile; transferring, via the [intermediation engine], external to the [virtual platform], at least a portion of the second amount to a second [memory] associated with the [computing device]; and in response to the transferring of the second data record to the second account profile, clearing, via the [intermediation engine], the first [memory] of the indication of the second data record”, which is “commercial or legal interactions” within the “certain methods of organizing human activity” grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See MPEP 2106) because the claims involve a series of steps for conducting currency exchange. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See MPEP 2106), the additional element(s) of the claim(s) such as the use of intermediation engine, virtual platform, computing device, memory, controller, and storage medium merely use(s) a computer as a tool to perform an abstract idea. The processors and memories are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of conducting currency exchange) such that it amounts no more than mere instructions to apply the exception using a generic computer components. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using intermediation engine, virtual platform, computing device, memory, controller, and storage medium to perform currency exchange steps amounts to no more than mere instructions to apply the exception using a generic computer components. Mere instructions to apply an exception using a generic computer components cannot provide an inventive concept. The claim is not patent eligible.
Dependent claims 2, 12 and 20 describe exchange amount. Dependent claims 3-5, 13-15 and 21 describe exchange rate. Dependent claims 6, 16 and 22 describe exchange based rule set of the computing device. Dependent claims 7 and 17 describe exchanging the second currency based on demand. Dependent claims 8 and 18 describe monitoring and notifying currency exchange rate change. These claims further recite the abstract idea of certain methods of organizing human activity. This judicial exception is not integrated into a practical application because the additional element(s) of the claim(s) such as the use of intermediation engine, virtual platform, computing device, memory, controller, and storage medium to perform merely use(s) a computer as a tool to perform an abstract idea. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claims are not patent eligible.
Viewed as a whole, the combination of elements recited in the claims simply recite the concept of currency exchange. The claims do not, for example, purport to improve the functioning of the computer itself. Nor do they effect an improvement in any other technology or technical field.
The use of a intermediation engine, virtual platform, computing device, memory, controller, and storage medium to perform as tools to implement the abstract idea does not render the claim patent eligible because it does not provide meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment and requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Unclear
Claim 1 recites “exchanging, via the intermediation engine, within the virtual platform, the first amount of the first electronic currency, for a second data record associated with the virtual platform;” However, Fig. 1 illustrates that the intermediation engine 102 is external to the virtual platform 104, the second data record 132 and the first amount of the first electronic currency 136 are in the virtual platform memory 134. Specification PGPub ¶0052 discloses “The first exchange engine 111 may be used to exchange the data records, and/or indications thereof, internal to the virtual platform, for any suitable amount of a first electronic currency which is particular to the virtual platform 104.” and ¶0060 discloses “the intermediation engine 102 may be associated with, and/or operated by, an entity that is different from respective entities associated with, and/or which operate, the virtual platform 104 and the computing device 106.” This renders the claim indefinite because it is unclear to one of ordinary skill in the art that the exchange is performed by the intermediation engine or exchange engine 111.
Dependent claims 2-8 are also rejected as each depends from claim 1.
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 1-3, 6, 11-13, 16, 19-20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over US Application Publication US20190244237A1 (“Magnuson, Jr. et al.”) in view of US Grant Publication US11915315B1 (“Joshua et al.”).
Regarding claims 1, 11 and 19, Magnuson, Jr. et al. discloses:
a controller; and (Fig. 5 item 506)
a computer-readable storage medium having stored thereon program instructions that, when executed by the controller, (Fig. 5 items 508, 510 and 512) causes the controller to perform a set of operations comprising:
determining, via an intermediation engine, that an exchange has occurred within the virtual platform, the exchange being of a first data record for a first amount of a first electronic currency associated with the virtual platform, the first data record associated with a computing device external to the virtual platform, the exchange associated with a first account profile associated with the computing device; (Fig. 4 step 405, ¶0053)
exchanging, via the intermediation engine, within the virtual platform, the first amount of the first electronic currency, for a second data record associated with the virtual platform; (Fig. 4 step 415, ¶0062)
maintaining, via the intermediation engine, at a first memory, an indication of the second data record; (Fig. 4 step 415, ¶0062)
exchanging via the intermediation engine, the indication of the second data record for a second amount of a second electronic currency used external to the virtual platform, the second amount received external to the virtual platform; (Fig. 4 step 440, ¶0071)
transferring, via the intermediation engine, within the virtual platform, the second data record to a second account profile; (abs; Fig. 4 step 445; ¶0073)
transferring, via the intermediation engine, external to the virtual platform, at least a portion of the second amount to a second memory associated with the computing device; and (abs; Fig. 4 step 445; ¶0073)
Magnuson, Jr. et al. does not explicitly disclose:
in response to the transferring of the second data record to the second account profile, clearing, via the intermediation engine, the first memory of the indication of the second data record.
However, Joshua et al. discloses:
in response to the transferring of the second data record to the second account profile, clearing, via the intermediation engine, the first memory of the indication of the second data record. (col 21 lines 23-27)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Intermediary to Manage A Point Exchange Across A Plurality of Different Reward Programs of Magnuson, Jr. et al. by including clearing data from the memory in accordance with the teaching of Joshua et al.. This modification “reducing use of memory resources of the system” (Joshua et al. col 21 lines 26-27).
Regarding claims 2, 12 and 20, Magnuson, Jr. et al. in view of Joshua et al. discloses all limitations as described above. Magnuson, Jr. et al. further discloses:
determining the second amount of the second electronic currency from the first amount of the first electronic currency based on an exchange rate between the second electronic currency and the first electronic currency. (Fig. 4 step 435, ¶0070)
Regarding claims 3 and 13, Magnuson, Jr. et al. in view of Joshua et al. discloses all limitations as described above. Magnuson, Jr. et al. further discloses:
determining the exchange rate via a currency engine external to the intermediation engine and the virtual platform. (Fig. 4 step 435, ¶0070)
Regarding claims 6, 16 and 22, Magnuson, Jr. et al. in view of Joshua et al. discloses all limitations as described above. Magnuson, Jr. et al. further discloses:
exchanging the second data record for the second amount of the second electronic currency based on a rule set associated with the computing device.(¶0028)
Claims 4-5, 14-15 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over US Application Publication US20190244237A1 (“Magnuson, Jr. et al.”) in view of US Grant Publication US11915315B1 (“Joshua et al.”), and in further view of US Application Publication US20220114664A1 (“Curtis”).
Regarding claims 4, 14 and 21, Magnuson, Jr. et al. in view of Joshua et al. discloses all limitations as described above. Magnuson, Jr. et al. and Joshua et al. do not explicitly disclose:
exchanging the second data record for the second amount of the second electronic currency after a given time period; and
determining the given time period by estimating changes in an exchange rate between the second electronic currency and the first electronic currency.
However, Curtis discloses:
exchanging the second data record for the second amount of the second electronic currency after a given time period; and (abs; ¶0017 and ¶0020)
determining the given time period by estimating changes in an exchange rate between the second electronic currency and the first electronic currency. (abs; ¶0017 and ¶0020)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined system of Magnuson, Jr. et al. and Joshua et al. by including exchanging at optima time based on exchange rate in accordance with the teaching of Curtis. This modification optimizes resource utilization of various resources (Curtis ¶0020).
Regarding claims 5 and 15, Magnuson, Jr. et al. in view of Joshua et al., and in further view of Curtis discloses all limitations as described above. Curtis further discloses:
determining one or more of the given time period and the estimated changes in the exchange rate using one or more machine learning algorithms. (abs; ¶0017 and ¶0020)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined system of Magnuson, Jr. et al. and Joshua et al. by including exchanging at optima time based on exchange rate in accordance with the teaching of Curtis. This modification optimizes resource utilization of various resources (Curtis ¶0020).
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US Application Publication US20190244237A1 (“Magnuson, Jr. et al.”) in view of US Grant Publication US11915315B1 (“Joshua et al.”), and in further view of US Application Publication US20190172130A1 (“Gurin”).
Regarding claims 7 and 17, Magnuson, Jr. et al. in view of Joshua et al. discloses all limitations as described above. Magnuson, Jr. et al. and Joshua et al. do not explicitly disclose:
exchanging the second data record for the second amount of the second electronic currency after a given time period; and
determining the given time period by estimating a demand for the second data record as a function of time.
However, Gurin discloses:
exchanging the second data record for the second amount of the second electronic currency after a given time period; and (abs)
determining the given time period by estimating a demand for the second data record as a function of time. (abs)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined system of Magnuson, Jr. et al. and Joshua et al. by including determining exchanging time based on function of time relating to the second data record in accordance with the teaching of Gurin. This modification enables the system to pre-determine an optima exchange time based on demand of second data record.
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US Application Publication US20190244237A1 (“Magnuson, Jr. et al.”) in view of US Grant Publication US11915315B1 (“Joshua et al.”), and in further view of US Application Publication US20150363769A1 (“Ronca et al.”).
Regarding claims 8 and 18, Magnuson, Jr. et al. in view of Joshua et al. discloses all limitations as described above. Magnuson, Jr. et al. further discloses:
monitoring a plurality of electronic currencies; and (¶0016)
Magnuson, Jr. et al. and Joshua et al. do not explicitly disclose:
notifying the computing device of changes in one or more the plurality of currencies that affects exchange rates therebetween.
However, Ronca et al. discloses:
notifying the computing device of changes in one or more the plurality of currencies that affects exchange rates therebetween. (¶0075)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined system of Magnuson, Jr. et al. and Joshua et al. by including notifying the computing device when exchange rates changes in accordance with the teaching of Ronca et al.. This modification enables the system to inform customer regarding the change of exchange rate. So, the customer can take action accordingly and promptly.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20240232884A1(“Jayaraman”) discloses a system for transforming a resource from a first type into a second type. The system receives login credentials and a request for remote access to a user account associated with an entity utilizing a centralized network. The system authenticates the login credentials and grants access to the user account. The system receives a unique identifier for a first type of electronic digital certificate resource associated with a decentralized ledger and stores a record of it. Once the system receives a request to initiate an interaction between the decentralized ledger and the user account, the system determines a balance of the first type of resource on the decentralized ledger using the stored record of the unique identifier. The system transforms the resource from the first type to a second type and completes the requested interaction between the decentralized ledger and the user account.
US20210133735A1 (“Maim”) discloses Token-based transactional systems and methods. It proposes a network transactional system, comprising a set of token nodes (TN), a set of user nodes (UN) and a set of provider nodes (PN), the nodes being capable of executing an executable contract for a user node to obtain token account units (Voucher Tokens) by reserving (R) reserve account units according to a value of the token units which itself varies according to the reserve, the number of token units in circulation and the reserve ratio (RR). A provider node is associated with each token node and the token is representative of a product or asset (good, service, right or other benefit) of the provider, or a group of such products or assets.
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/YINGYING ZHOU/Examiner, Art Unit 3697