DETAILED ACTION
Status of Claims
The present application is being examined under the pre-AIA first to invent provisions.
This action is in reply to the arguments/remarks for Application 18/825,066 filed on 9 December 2025.
Claim 1 has been amended.
Claims 2-15 have been added.
Claims 1-15 are currently pending and have been examined.
Response to Arguments
A. Claim Rejections - 35 U.S.C. § 101:
Claim 1 stands rejected under 35 U.S.C. § 101 as being directed to an abstract idea without significantly more.
In response, Applicant’s amendments and remarks/arguments regarding the claims at issue have been considered and are persuasive. Accordingly, the rejection of the claims under 35 U.S.C § 101 is withdrawn.
B. Claim Rejections - 35 U.S.C. § 103:
Claim 6 stands rejected under U.S.C. 103(a) as being unpatentable over Speth et al., US 2013/0246305 (hereinafter “Speth”), in view of Labsuzewski et al., US 2012/0254062 (hereinafter “Labsuzewski”), further in view of Judge et al., US 7,779,466 (hereinafter “Judge”).
The Office has given consideration to the remarks and amendments made to the pending set of claims, but are considered moot in light of the grounds of rejection, provided below, for the current listing of claims.
Claim Rejections – 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office Action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-15 are rejected under 35 U.S.C. 103(a) as being unpatentable over Speth et al., US 2013/0246305 (“Speth”), in view of Labsuzewski et al., US 2012/0254062 (“Labsuzewski”), in view of Judge et al., US 7,779,466 (“Judge”), further in view of Mullany, US 8,527,909 B1 (“Mullany”).
Re Claim 1: (Currently Amended) Speth discloses a method comprising:
receiving, via a processor, a plurality of bids and offers for a binary options instrument, in which each bid and offer comprises a quantity and a price; (Para. 0007)
Speth doesn’t explicitly disclose:
applying, via a processor, at least one rule to the subset of bids and offers to generate a reduced subset of bids and offers …
Labsuzewski, however, makes these teachings in a related endeavor (Para. 0034: “Other techniques could be used for calculating a sample value. As a further example, a subset… could be averaged…”). It would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the teaching of Labsuzewski to the invention of Speth as disclosed above for the motivation of enhancing index accuracy through the use of more relevant data or information samples.
Speth doesn’t further explicitly disclose:
determining, via a processor, that at least one of the plurality of bids and offers is potentially manipulative; and
transmitting to a remote device an alert the at least one bid or offer that is potentially manipulative, in which the remote device and the processor are in electronic communication over a network.
Judge, however, makes this teaching in a related endeavor (Abstract: “An analysis engine analyzes the data generated by the collection engine along with data associated with previously received communications to [determine] whether an anomaly exists. If an anomaly exists with respect to the received communication, an action engine initiates a predetermined response.”; C5 L51-57: “…output anomaly indicator signal may… notify an application server administrator of the detected anomaly… or trigger some corrective measure such as shutting down the application server… or…deny access to all communications from a particular source.”). It would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the teachings of Judge to the invention of Speth as disclosed above for the motivation of enhancing index accuracy through the use of more relevant data or information samples.
Speth doesn’t further explicitly disclose:
displaying a price graph on a graphical user interface of the remote device, wherein the price graph displays a first domain and a first range;
determining a user's location and a corresponding position on the price graph;
retrieve data points within a pre-defined area surrounding the position on the price graph and writing the data points to a local memory of the remote device;
receiving an input from the remote device requesting display of the price graph with a second domain and a second range, wherein at least one of the second domain and the second range is different from the first domain and the first range; and
displaying the price graph on the graphical user interface of the remote device with the second domain and the second range based at least in part on at least one of the data points written to the local memory of the remote device.
Mullany, however, makes this teaching in a related endeavor (Abstract: “According to embodiments of the invention, graphical user interface (GUI) data visualization objects (e.g., column charts, bar charts, pie charts, etc.) displayed on a touch screen may be manipulated by a user performing a variety of different conventional touch gestures directed to the touch screen”; FIG. 1 [116]: “Cursor Control”; C1 L65-67, C2 L1-3: “FIGS. 2A-B illustrate a graphical user interface (GUI) displayed on a touch screen at various points during the performance of a touch gesture to zoom out the vertical axis of a column chart, according to an embodiment of the invention”; C7 L64-67, C8 L1-11: “A "pinch" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact bringing the elements in contact with the touch screen surface closer together while maintaining contact with the touch screen surface. For example, the user may perform a pinch gesture by touching the touch screen surface with two fingers and then bringing the fingers closer together. A "spread" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact moving the elements in contact with the touch screen surface farther apart while maintaining contact with the touch screen surface. For example, the user may perform spread gesture by touching the touch screen surface with two fingers and then moving the fingers away from each other”; C8 L58-67, C9 L1-2: “4.1 Manipulation of Column Charts, 4.1.1 Zooming Out the Vertical Axis, According to one embodiment of the invention, a user may perform a pinch gesture to zoom out the vertical axis of a column chart. FIGS. 2A-B illustrate a GUI 240 displayed on a touch screen 212 at various points during the performance of a pinch gesture 243 to zoom out the vertical axis 241 of a column chart, according to an embodiment of the invention. The user may zoom out the vertical axis of the chart to increase the range of values represented by the vertical axis and reduce the display size of the columns of the chart”; C5 L34-37: “Main memory 106 also may be used for storing temporary variables or other intermediate information during execution of instructions to
be executed by processor 104”; C6 L65-67, C7 L1-3: “Bus 102 carries the data to main memory 106, from which processor 104 retrieves and executes the instructions. The instructions received by main memory 106 may optionally be stored on storage device 110 either before or after execution
by processor 104.”; C5 L34-41: “Main memory 106 also may be used for storing temporary variables or other intermediate information during execution of instructions to be executed by processor 104. Such instructions, when stored in non-transitory storage media accessible to processor 104, render device 100 into a special-purpose machine that is customized to perform the operations specified in the instructions.”; C16 L21-24: “… user may drag the initial contact point 843A along (e.g., substantially in parallel with) the horizontal axis 842 and then release contact with touch screen
812 at a target location …”). It would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the teachings of Mullany to the invention of Speth as disclosed above for the motivation of enabling rich, intuitive, and meaningful manipulation of computer-generated data visualizations.
Re Claim 2: (New) Speth in view of Labsuzewski in view of Judge in view of Mullany discloses the method of claim 1. Speth doesn’t explicitly disclose:
wherein the user's location comprises a touch point on a touch screen of the remote device.
Mullany, however, makes this teaching in a related endeavor (Abstract: “According to embodiments of the invention, graphical user interface (GUI) data visualization objects (e.g., column charts, bar charts, pie charts, etc.) displayed on a touch screen may be manipulated by a user performing a variety of different conventional touch gestures directed to the touch screen”; FIG. 1 [116]: “Cursor Control”; C1 L65-67, C2 L1-3: “FIGS. 2A-B illustrate a graphical user interface (GUI) displayed on a touch screen at various points during the performance of a touch gesture to zoom out the vertical axis of a column chart, according to an embodiment of the invention”; C7 L64-67, C8 L1-11: “A "pinch" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact bringing the elements in contact with the touch screen surface closer together while maintaining contact with the touch screen surface. For example, the user may perform a pinch gesture by touching the touch screen surface with two fingers and then bringing the fingers closer together. A "spread" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact moving the elements in contact with the touch screen surface farther apart while maintaining contact with the touch screen surface. For example, the user may perform spread gesture by touching the touch screen surface with two fingers and then moving the fingers away from each other”; C8 L58-67, C9 L1-2: “4.1 Manipulation of Column Charts, 4.1.1 Zooming Out the Vertical Axis, According to one embodiment of the invention, a user may perform a pinch gesture to zoom out the vertical axis of a column chart. FIGS. 2A-B illustrate a GUI 240 displayed on a touch screen 212 at various points during the performance of a pinch gesture 243 to zoom out the vertical axis 241 of a column chart, according to an embodiment of the invention. The user may zoom out the vertical axis of the chart to increase the range of values represented by the vertical axis and reduce the display size of the columns of the chart”; C5 L34-37: “Main memory 106 also may be used for storing temporary variables or other intermediate information during execution of instructions to
be executed by processor 104”; C6 L65-67, C7 L1-3: “Bus 102 carries the data to main memory 106, from which processor 104 retrieves and executes the instructions. The instructions received by main memory 106 may optionally be stored on storage device 110 either before or after execution
by processor 104.”; C5 L34-41: “Main memory 106 also may be used for storing temporary variables or other intermediate information during execution of instructions to be executed by processor 104. Such instructions, when stored in non-transitory storage media accessible to processor 104, render device 100 into a special-purpose machine that is customized to perform the operations specified in the instructions.”; C16 L21-24: “… user may drag the initial contact point 843A along (e.g., substantially in parallel with) the horizontal axis 842 and then release contact with touch screen
812 at a target location …”). It would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the teachings of Mullany to the invention of Speth as disclosed above for the motivation of enabling rich, intuitive, and meaningful manipulation of computer-generated data visualizations.
Re Claim 3: (New) Speth in view of Labsuzewski in view of Judge in view of Mullany discloses the method of claim 1. Speth doesn’t explicitly disclose:
wherein the user's location comprises a cursor position.
Mullany, however, makes this teaching in a related endeavor (Abstract: “According to embodiments of the invention, graphical user interface (GUI) data visualization objects (e.g., column charts, bar charts, pie charts, etc.) displayed on a touch screen may be manipulated by a user performing a variety of different conventional touch gestures directed to the touch screen”; FIG. 1 [116]: “Cursor Control”; C1 L65-67, C2 L1-3: “FIGS. 2A-B illustrate a graphical user interface (GUI) displayed on a touch screen at various points during the performance of a touch gesture to zoom out the vertical axis of a column chart, according to an embodiment of the invention”; C7 L64-67, C8 L1-11: “A "pinch" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact bringing the elements in contact with the touch screen surface closer together while maintaining contact with the touch screen surface. For example, the user may perform a pinch gesture by touching the touch screen surface with two fingers and then bringing the fingers closer together. A "spread" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact moving the elements in contact with the touch screen surface farther apart while maintaining contact with the touch screen surface. For example, the user may perform spread gesture by touching the touch screen surface with two fingers and then moving the fingers away from each other”; C8 L58-67, C9 L1-2: “4.1 Manipulation of Column Charts, 4.1.1 Zooming Out the Vertical Axis, According to one embodiment of the invention, a user may perform a pinch gesture to zoom out the vertical axis of a column chart. FIGS. 2A-B illustrate a GUI 240 displayed on a touch screen 212 at various points during the performance of a pinch gesture 243 to zoom out the vertical axis 241 of a column chart, according to an embodiment of the invention. The user may zoom out the vertical axis of the chart to increase the range of values represented by the vertical axis and reduce the display size of the columns of the chart”; C5 L34-37: “Main memory 106 also may be used for storing temporary variables or other intermediate information during execution of instructions to
be executed by processor 104”; C6 L65-67, C7 L1-3: “Bus 102 carries the data to main memory 106, from which processor 104 retrieves and executes the instructions. The instructions received by main memory 106 may optionally be stored on storage device 110 either before or after execution
by processor 104.”; C5 L34-41: “Main memory 106 also may be used for storing temporary variables or other intermediate information during execution of instructions to be executed by processor 104. Such instructions, when stored in non-transitory storage media accessible to processor 104, render device 100 into a special-purpose machine that is customized to perform the operations specified in the instructions.”; C16 L21-24: “… user may drag the initial contact point 843A along (e.g., substantially in parallel with) the horizontal axis 842 and then release contact with touch screen
812 at a target location …”). It would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the teachings of Mullany to the invention of Speth as disclosed above for the motivation of enabling rich, intuitive, and meaningful manipulation of computer-generated data visualizations.
Re Claim 4: (New) Speth in view of Labsuzewski in view of Judge in view of Mullany discloses the method of claim 1. Speth doesn’t explicitly disclose:
wherein the input comprises a pinch to shrink gesture.
Mullany, however, makes this teaching in a related endeavor (Abstract: “According to embodiments of the invention, graphical user interface (GUI) data visualization objects (e.g., column charts, bar charts, pie charts, etc.) displayed on a touch screen may be manipulated by a user performing a variety of different conventional touch gestures directed to the touch screen”; FIG. 1 [116]: “Cursor Control”; C1 L65-67, C2 L1-3: “FIGS. 2A-B illustrate a graphical user interface (GUI) displayed on a touch screen at various points during the performance of a touch gesture to zoom out the vertical axis of a column chart, according to an embodiment of the invention”; C7 L64-67, C8 L1-11: “A "pinch" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact bringing the elements in contact with the touch screen surface closer together while maintaining contact with the touch screen surface. For example, the user may perform a pinch gesture by touching the touch screen surface with two fingers and then bringing the fingers closer together. A "spread" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact moving the elements in contact with the touch screen surface farther apart while maintaining contact with the touch screen surface. For example, the user may perform spread gesture by touching the touch screen surface with two fingers and then moving the fingers away from each other”; C8 L58-67, C9 L1-2: “4.1 Manipulation of Column Charts, 4.1.1 Zooming Out the Vertical Axis, According to one embodiment of the invention, a user may perform a pinch gesture to zoom out the vertical axis of a column chart. FIGS. 2A-B illustrate a GUI 240 displayed on a touch screen 212 at various points during the performance of a pinch gesture 243 to zoom out the vertical axis 241 of a column chart, according to an embodiment of the invention. The user may zoom out the vertical axis of the chart to increase the range of values represented by the vertical axis and reduce the display size of the columns of the chart”; C5 L34-37: “Main memory 106 also may be used for storing temporary variables or other intermediate information during execution of instructions to
be executed by processor 104”; C6 L65-67, C7 L1-3: “Bus 102 carries the data to main memory 106, from which processor 104 retrieves and executes the instructions. The instructions received by main memory 106 may optionally be stored on storage device 110 either before or after execution
by processor 104.”; C5 L34-41: “Main memory 106 also may be used for storing temporary variables or other intermediate information during execution of instructions to be executed by processor 104. Such instructions, when stored in non-transitory storage media accessible to processor 104, render device 100 into a special-purpose machine that is customized to perform the operations specified in the instructions.”; C16 L21-24: “… user may drag the initial contact point 843A along (e.g., substantially in parallel with) the horizontal axis 842 and then release contact with touch screen
812 at a target location …”). It would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the teachings of Mullany to the invention of Speth as disclosed above for the motivation of enabling rich, intuitive, and meaningful manipulation of computer-generated data visualizations.
Re Claim 5: (New) Speth in view of Labsuzewski in view of Judge in view of Mullany discloses the method of claim 1. Speth doesn’t explicitly disclose:
wherein the input comprises a stretch to expand gesture.
Mullany, however, makes this teaching in a related endeavor (Abstract: “According to embodiments of the invention, graphical user interface (GUI) data visualization objects (e.g., column charts, bar charts, pie charts, etc.) displayed on a touch screen may be manipulated by a user performing a variety of different conventional touch gestures directed to the touch screen”; FIG. 1 [116]: “Cursor Control”; C1 L65-67, C2 L1-3: “FIGS. 2A-B illustrate a graphical user interface (GUI) displayed on a touch screen at various points during the performance of a touch gesture to zoom out the vertical axis of a column chart, according to an embodiment of the invention”; C7 L64-67, C8 L1-11: “A "pinch" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact bringing the elements in contact with the touch screen surface closer together while maintaining contact with the touch screen surface. For example, the user may perform a pinch gesture by touching the touch screen surface with two fingers and then bringing the fingers closer together. A "spread" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact moving the elements in contact with the touch screen surface farther apart while maintaining contact with the touch screen surface. For example, the user may perform spread gesture by touching the touch screen surface with two fingers and then moving the fingers away from each other”; C8 L58-67, C9 L1-2: “4.1 Manipulation of Column Charts, 4.1.1 Zooming Out the Vertical Axis, According to one embodiment of the invention, a user may perform a pinch gesture to zoom out the vertical axis of a column chart. FIGS. 2A-B illustrate a GUI 240 displayed on a touch screen 212 at various points during the performance of a pinch gesture 243 to zoom out the vertical axis 241 of a column chart, according to an embodiment of the invention. The user may zoom out the vertical axis of the chart to increase the range of values represented by the vertical axis and reduce the display size of the columns of the chart”; C5 L34-37: “Main memory 106 also may be used for storing temporary variables or other intermediate information during execution of instructions to
be executed by processor 104”; C6 L65-67, C7 L1-3: “Bus 102 carries the data to main memory 106, from which processor 104 retrieves and executes the instructions. The instructions received by main memory 106 may optionally be stored on storage device 110 either before or after execution
by processor 104.”; C5 L34-41: “Main memory 106 also may be used for storing temporary variables or other intermediate information during execution of instructions to be executed by processor 104. Such instructions, when stored in non-transitory storage media accessible to processor 104, render device 100 into a special-purpose machine that is customized to perform the operations specified in the instructions.”; C16 L21-24: “… user may drag the initial contact point 843A along (e.g., substantially in parallel with) the horizontal axis 842 and then release contact with touch screen
812 at a target location …”). It would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the teachings of Mullany to the invention of Speth as disclosed above for the motivation of enabling rich, intuitive, and meaningful manipulation of computer-generated data visualizations.
Re Claim 6: (New) Claim 6, as best understood by the Examiner, encompasses the same or substantially the same scope as claim 1. Accordingly, claim 6 is rejected in the same or substantially the same manner as claim 1.
Re Claim 7: (New) Claim 7, as best understood by the Examiner, encompasses the same or substantially the same scope as claim 2. Accordingly, claim 7 is rejected in the same or substantially the same manner as claim 2.
Re Claim 8: (New) Claim 8, as best understood by the Examiner, encompasses the same or substantially the same scope as claim 3. Accordingly, claim 8 is rejected in the same or substantially the same manner as claim 3.
Re Claim 9: (New) Claim 9, as best understood by the Examiner, encompasses the same or substantially the same scope as claim 4. Accordingly, claim 9 is rejected in the same or substantially the same manner as claim 4.
Re Claim 10: (New) Claim 10, as best understood by the Examiner, encompasses the same or substantially the same scope as claim 5. Accordingly, claim 10 is rejected in the same or substantially the same manner as claim 5.
Re Claim 11: (New) Claim 11, as best understood by the Examiner, encompasses the same or substantially the same scope as claim 1. Accordingly, claim 11 is rejected in the same or substantially the same manner as claim 1.
Re Claim 12: (New) Claim 12, as best understood by the Examiner, encompasses the same or substantially the same scope as claim 2. Accordingly, claim 12 is rejected in the same or substantially the same manner as claim 2.
Re Claim 13: (New) Claim 13, as best understood by the Examiner, encompasses the same or substantially the same scope as claim 3. Accordingly, claim 13 is rejected in the same or substantially the same manner as claim 3.
Re Claim 14: (New) Claim 14, as best understood by the Examiner, encompasses the same or substantially the same scope as claim 4. Accordingly, claim 14 is rejected in the same or substantially the same manner as claim 4.
Re Claim 15: (New) Claim 15, as best understood by the Examiner, encompasses the same or substantially the same scope as claim 5. Accordingly, claim 5 is rejected in the same or substantially the same manner as claim 5.
Conclusion
The prior art(s) made of record and not relied upon is/are considered pertinent to Applicant's disclosure.
Cheng et al., US 8,630,938
Claims 1-15 are rejected.
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 from the examiner should be directed to Clifford Madamba whose telephone number is 571-270-1239. The examiner can normally be reached on Mon-Thu 7:30-5:00 EST Alternate Fridays.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan Donlon, can be reached at 571-272-3602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLIFFORD B MADAMBA/Primary Examiner, Art Unit 3692