DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This Office action is in response to Applicant’s communication filed on October 4, 2024. Claims 1-3 are pending and have been examined. The rejections and a statement of reasons for the indication of allowable subject matter over prior art are stated below.
Claim Rejections - 35 USC § 101
2. 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.
3. Claims 1-3 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
The claim(s) recite(s) a method for analyzing and displaying company information using price-earnings growth (PEG) data, which is considered a judicial exception because it falls under the category of “Certain Methods of organizing human activity” such as fundamental economic practice as well as commercial or legal interactions including agreements as discussed below. This judicial exception is not integrated into a practical application as discussed below. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Analysis
Step 1: In the instant case, exemplary claim 2 is directed to a method (process).
Step 2A – Prong One: The limitations of “A company information analysis method using expected PEG, the method being performed by a server and comprising:
(a) a parameter setting stage that sets parameters necessary for analyzing a company;
(b) a data collection stage that collects stock prices and EPS data necessary for analyzing the expected PEG in the server;
(c) a data arithmetic-operation stage that calculates the expected PEG using [Mathematical Formula 13], [Mathematical Formula 14], [Mathematical Formula 15], [Mathematical Formula 16], [Mathematical Formula 17] and [Mathematical Formula 38] to specifically process PEG using an arithmetic-operation formula and the data collected in (b) above;
(d) a storage stage that stores data used for analysis and expected PEG calculation results in the server; and
(e) a display stage that displays company information and expected PEG data analyzed and stored in the server on a screen:
[Mathematical Formula 13]
lYE PEG =ABS(P/EPS t+1)/{(EPS t+1 - EPS t)/ABS(EPS t)x100}
where,
lYE PEG = Expected PEG in 1 year (lYE PEG)
P = Stock price on a calculation date
EPS t =EPS of the previous year prior to a year in which the calculation date falls
EPS t+1 = Expected EPS in 1 year based on the last day of the previous year prior to a year in which the calculation date falls
ABS = Absolute value
[Mathematical Formula 14]
2YE PEG =ABS (P/EPS t+2)/{(EPS t+2 - EPS t+1)/ABS (EPS t+1)x100}
where,
P = Stock price on a calculation date
2YE PEG = Expected PEG in 2 years (2YE PEG)
EPS t+1=Expected EPS in 1 year based on the last day of the previous year prior to a year in which the calculation date falls
EPS t+2 = Expected EPS in 2 years based on the last day of the previous year prior to a year in which the calculation date falls
ABS = Absolute value
[Mathematical Formula 15]
3YE PEG =ABS (P/EPS t+3)/{(EPS t+3 - EPS t+2)/ABS(EPS t+2)x100}where,
3YE PEG= Expected PEG in 3 years (3YE PEG)
P = Stock price on a calculation date EPS t+2 =Expected EPS in 2 years based on the last day of the previous year prior to a year in which the calculation date falls
EPS t+3 = Expected EPS in 3 years based on the last day of the previous year prior to a year in which the calculation date falls ABS = Absolute value
[Mathematical Formula 16]
2YAE PEG = ABS [P/{(EPS t+1+E PS t+2)/2}]/[{(EPS t+1+EPS t+2)/2 - EPS t}/ABS(EPS t)x 100]
where,
2YAE PEG = 2-year average expected PEG (2YAE PEG)
P = Stock price on a calculation date EPS t = EPS of the previous year prior to a year in which the calculation date falls
EPS t+1= Expected EPS in 1 year based on the last day of the previous year prior to a year in which the calculation date falls
EPS t+2 = Expected EPS in 2 years based on the last day of the previous year prior to a year in which the calculation date falls
ABS = Absolute value
[Mathematical Formula 17]
3YAE PEG =ABS[P/{(EPS t+1+E PS t+2 +EPS t+3)/3}]/[{(EPS t+1+EPS t+2+EPS t+3)/3 - EPS t}/ABS(EPS t)x100]
where,
3YAE PEG = 3-year average expected PEG (3YAE PEG)
P = Stock price on a calculation date
EPS t = EPS of the previous year prior to a year in which the calculation date falls
EPS t+1= Expected EPS in 1 year based on the last day of the previous year prior to a year in which the calculation date falls
EPS t+2= Expected EPS in 2 years based on the last day of the previous year prior to a year in which the calculation date falls
EPS t+3 = Expected EPS in 3 years based on the last day of the previous year prior to a year in which the calculation date falls
ABS = Absolute value
[Mathematical Formula 38]
IYBDE PEG =ABS (P/EPS t+1)/{(EPS t+1- EPS ct)/ABS(EPS ct) x100}
where,
IYBDE PEG = Expected PEG in 1 year before company performance is announced after the year has changed (IYBDE PEG)
P = Stock price on a calculation date
EPS ct = Expected EPS (consensus, estimated EPS) of the previous year (t) prior to a year in which the calculation date falls
EPS t+1= Expected EPS in 1 year based on the last day of the previous year prior to a year in which the calculation date falls
ABS = Absolute value” as drafted, when considered collectively as an ordered combination without the italicized portions, is a process that, under the broadest reasonable interpretation, covers the category of “Certain Methods of organizing human activity” such as fundamental economic practice as well as commercial or legal interactions including agreements.
Analyzing and displaying company information using price-earnings growth (PEG) data is a fundamental economic practice such as financial analysis.
The steps of “(a) a parameter setting stage that sets parameters necessary for analyzing a company;
(b) a data collection stage that collects stock prices and EPS data necessary for analyzing the expected PEG in the server;
(c) a data arithmetic-operation stage that calculates the expected PEG using [Mathematical Formula 13], [Mathematical Formula 14], [Mathematical Formula 15], [Mathematical Formula 16], [Mathematical Formula 17] and [Mathematical Formula 38] to specifically process PEG using an arithmetic-operation formula and the data collected in (b) above; ……. (e) a display stage that displays company information and expected PEG data analyzed and stored in the server on a screen” steps considered collectively is also fulfilling agreements between the parties concerned (the party providing the results of the analysis (using the formulas recited in the claim) and the user using the results). Hence, the steps of the claim, considered collectively as an ordered combination without the italicized portions, covers the abstract category of “Certain Methods of organizing human activity”.
That is, other than, a server and a screen on a display, nothing in the claim precludes the steps from being performed as a method of organizing human activity. If the claim limitations, under the broadest reasonable interpretation, covers methods of organizing human activity but for the recitation of generic computer components, then it falls within the “Certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A – Prong Two: The judicial exception is not integrated into a practical application. In particular, the claim only recites the additional elements of a server and a screen on a display to perform all the steps. Claim 1 recites in addition, the additional elements of a Parameter setting unit, a Data collection unit, a Data Arithmetic-Operation unit, and an arithmetic-Operation result storage unit to perform all the steps. A plain reading of Figures 1-2 and associated descriptions in the Specification reveals that the server is a generic server suitably programmed to perform the claimed steps. All the units including the Display unit, the Parameter setting unit, the Data collection unit, the Data Arithmetic-Operation unit, and the arithmetic-Operation result storage unit are broadly interpreted to comprise generic computer components suitably programmed to perform the associated functions. Hence, the additional elements in the claims are all generic components suitably programmed to perform their respective functions. The additional elements in all the steps are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Hence, claims 2 is directed to an abstract idea.
Step 2B: The claim does 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, using the additional elements (identified above) to perform the claimed steps amounts to no more than mere instructions to apply the exception using a generic computer component. The additional elements of the instant underlying process, when taken in combination, together do not offer substantially more than the sum of the functions of the elements when each is taken alone. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Hence, independent claim 2 is not patent eligible. Independent claims 1 and 3 are also not patent eligible based on similar reasoning and rationale.
In all the claims, the judicial exception is not integrated into a practical application because the limitations are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using generic computer components. Also, the claims do not affect an improvement to another technology or technical field; the claims do not amount to an improvement to the functioning of a computer system itself; the claims do not affect a transformation or reduction of a particular article to a different state or thing; and the claims do not move beyond a general link of the use of an abstract idea to a particular technological environment. In addition, the dependent claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements of the instant underlying process, when taken in combination, together do not offer substantially more than the sum of the functions of the elements when each is taken alone. The claims as a whole, do not amount to significantly more than the abstract idea itself. For these reasons, the independent claims are not patent eligible.
Allowable Subject Matter
4. Claims 1-3 would be allowable, over prior art, if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter over prior art:
The closest prior art of record, (Burnstein; Stanley M. US Pub 2015/0012459 A1 and Hu; Kuo-Tsai US Pub. 2014/0058977 A1), considered individually or in combination, fail to teach the steps of “calculating the expected Price-Earnings-Growth (PEG) using Mathematical Formulas ([Mathematical Formulas 13 -17], and [Mathematical Formula 38]) listed in the claim”. Page 3 of 13Appl. No.: 14/331,106For these reasons claims 1, 2 and 3 are deemed allowable over prior art.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are:
(a) Afshar; Cyrus (US Pub. 2018/0189883 A1) discloses a method for determining whether a stock price (or a stock price index or stock price indices) is more likely to rise or fall. A plurality of factor scores, based on a plurality of factors, is determined. An aggregate score, based on a plurality of factor scores, is then determined.
(b) Chugh; Ashu et al. (US Pub. 2015/0134502 A1) discloses a method for aggregating company information includes receiving a request from a user to obtain information associated with a company, aggregating, by one or more processing devices, the information associated with the company from a plurality of websites in real time without caching any data associated with the information. The information includes a news story associated with the company. The method further includes analyzing, by the one or more processing devices, the information by performing a plurality of calculations using the information. The plurality of calculations includes a plurality of financial ratios. The method further includes categorizing, by the one or more processing devices, the news story associated with the company into one or more of a plurality of news categories, creating a profile associated with the company based on the information, and communicating the profile associated with the company to the user.
6. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Narayanswamy Subramanian whose telephone number is (571) 272-6751. The examiner can normally be reached Monday-Friday from 9:00 AM to 5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Abhishek Vyas can be reached at (571) 270-1836. The fax number for Formal or Official faxes and Draft to the Patent Office is (571) 273-8300.
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/Narayanswamy Subramanian/
Primary Examiner
Art Unit 3691
January 19, 2026