DETAILED ACTION
A. This action is in response to the following communications: Transmittal of New Application filed on 10/06/2024.
B. Claims 2-21 remains pending.
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 2-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to certain methods of mental process without significantly more. The claim(s) 1, 8 and 15 recite(s) “displaying market data by a first and second control application”, grouping of abstract ideas. The mere nominal recitation of a generic display and computing devices does not take the claim out of the “certain methods of mental processing” grouping. Thus, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application because the claim as a whole merely describes how to generally “apply” the concept of storing and updating user input from gaze application the determined information in a computer environment. The claimed “machine implemented method”, “system” and “non-transitory computer readable medium” are recited at a high level of generality and are merely invoked as tools perform on user interface for an update process. Even considered in combination, simply implementing the abstract idea on a generic computer with storage devices recited at a high level of generality is not a practical application of the abstract idea.The limitation updating the first portion of the user interface based on the received updated market data related to the first tradeable object on a generic user interface executed by a generic computer, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “by a processor,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “by a processor” language, “in response to receiving” in the context of this claim encompasses the user manually mental process.
The claim does not include additional elements that are sufficient to amount to the significantly more than the judicial exception because as noted previously, the machine and medium storage devices individually and in combination merely describe how to generally “apply” the concept of displaying update from user gaze input in a computer environment. The same applies here. (MPEP 2106.05(d). Thus, even when viewed as a whole, nothing in the claims adds significantly more (i.e. an inventive concept) to the abstract idea.
The claim is ineligible.
Claims 3-11, 13-16 and 18-21 do not include elements that amount to significantly more than the abstract idea and are also rejected under the same rational.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 2-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buck, Brian J. (US Pub. 2012/0233059 A1), herein referred to as “Buck”.
As for claims 2, 12 and 17, Buck teaches. A method and corresponding non-transitory computer readable medium of claim 12 and system of claim 17 including:
a computing device, wherein the computing device is configured to displaying, by a first control application of a computing device, market data related to a first tradeable object in a first portion of a user interface generated by the first control application (par. 18 electronic trading environment, when a trader selects a tradeable object, the trader may access market data related to the selected tradeable object(s). Referring to FIG. 1, an example communication that might occur between an electronic exchange and a client terminal in accordance with the preferred embodiments is shown. Par. 29 Portions of the X_TRADER® and the MD Trader™-style display are described in U.S. patent application Ser. No. 09/590,692, entitled “Click Based Trading With Intuitive Grid Display of Market Depth,” filed on Jun. 9, 2000, U.S. patent application Ser. No. 09/971,087, entitled “Click Based Trading With Intuitive Grid Display of Market Depth and Price Consolidation,” filed on Oct. 5, 2001, and U.S. patent application Ser. No. 10/125,894, entitled “Trading Tools for Electronic Trading,” filed on Apr. 19, 2002, the contents of each are incorporated herein by reference) ;
displaying, by a second control application of the computing device, market data related to a second tradeable object in a second portion of the user interface generated by the second control application (par. 19-21 various multiple market data consisting of tradable objects are displayed and interacted with);
determining, by an attention control application of the computing device, gaze position data for a user, wherein the gaze position data represents the user's gaze with respect to the user interface (par. 30 gaze control application determines position coordinates of the user’s gaze towards workspaces);
determining, by the attention control application of the computing device, that the gaze position data indicates a user focus area is within the first portion of the user interface (par. 30 may determine position coordinates of the user's gaze in relation to one or more monitors in a user's workspace. Upon detecting that the user has shifted his eyes away from one of the monitors, the gaze control application 304 may provide a signal to the display manager application 306 to start managing the display of the monitor. The display manager application 306 may start recording market data or any other data being displayed on the monitor while the user is not looking at the monitor);
sending, by the attention control application of the computing device, in response to determining that the gaze position data indicates the user focus area is within the first portion of the user interface, a request to change communication of updated market data related to the second tradeable object to the second control application, wherein the request to change communication reduces updated market data related to the second tradeable object received by the second control application (par. 30 as intercepting low-level window manager messages related to commands to paint the physical screen, could be used as well to modify a display while a user is not looking at a monitor. Also, in one preferred embodiment, the process of updating the monitor display preferably resumes immediately upon detecting the user's eyes returning back to the monitor. In fact, the display manager application 306 could stop management of the display as soon as the gaze interface 320 detects that there is a reasonable probability of the gaze coming to rest upon the display monitor in question);
receiving, by the first control application of the computing device, updated market data related to the first tradable object (par. 30 updated display based upon gaze control application and tradable objects displayed on user interface) and
updating, by the first control application of the computing device, the first portion of the user interface based on the received updated market data related to the first tradeable object (par. 30 Also, in one preferred embodiment, the process of updating the monitor display preferably resumes immediately upon detecting the user's eyes returning back to the monitor) .
As for claim 3, Buck teaches. The method of claim 2, wherein the market data related to the first tradeable object includes data received from one of a first electronic exchange, a first gateway, or a first server, wherein the market data related to the second tradeable object includes data received from one of a second electronic exchange, a second gateway, or a second server (par. 18 During a trading session, market data 108, in the form of messages, may be relayed from a host exchange 106 over communication links 116 and 112 to a client terminal generally indicated as 102. As illustrated in FIG. 1, intermediate devices, such as gateway(s) 104, may be used to facilitate communications between the client terminal 102 and the host exchange 106. It should be understood that while FIG. 1 illustrates the client terminal 102 communicating with a single host exchange, in an alternative embodiment, the client terminal 102 could establish trading sessions to more than one host exchange).
As for claim 4, Buck teaches. The method of claim 3, wherein the first electronic exchange is the same as the second electronic exchange, wherein the first gateway is the same as the second gateway, and the first server (Host) is the same as the second server (par. 18 During a trading session, market data 108, in the form of messages, may be relayed from a host exchange 106 over communication links 116 and 112 to a client terminal generally indicated as 102. As illustrated in FIG. 1, intermediate devices, such as gateway(s) 104, may be used to facilitate communications between the client terminal 102 and the host exchange 106. It should be understood that while FIG. 1 illustrates the client terminal 102 communicating with a single host exchange, in an alternative embodiment, the client terminal 102 could establish trading sessions to more than one host exchange).
As for claim 5, Buck teaches. The method of claim 2, wherein the first control application is the same as the second control application (par.30 gaze control application 304 is a single application).
As for claim 6, Buck teaches. The method of claim 2, wherein the attention control application uses a tracking mechanism to determine the gaze position data for the user, wherein the tracking mechanism includes at least one of a facial recognition system, an acoustic position system, a distance sensor, or an imaging sensor (par. 13 one or more gaze tracking units, and a display manager application. The gaze tracking units preferably non-intrusively capture the direction of the user's gaze and calculate which screen or which portion of the screen the user is currently viewing. If one of the gaze tracking units detects the user shifting his eyes away from a monitor or from one or more graphical interfaces being displayed on the monitor, the gaze tracking unit may notify the display manager application of the occurrence of such an event, and the display manager application can responsively start managing at least a portion of the display monitor).
As for claim 7, Buck teaches. The method of claim 2, wherein the user interface is displayed on one of a single display device or a plurality of display devices (par. 13 a plurality of monitors).
As for claims 8, 13 and 18, Buck teaches. The method of claim 2, wherein determining that the gaze position data indicates a user focus area is within the first portion of the user interface is based on an attention value (par. 34 users attention is monitored and determined events based upon determined attention).
As for claims 9, 14 and 19, Buck teaches. The method of claim 2, wherein the request to change communication is an unsubscribe request (par. 30 as intercepting low-level window manager messages related to commands to paint the physical screen, could be used as well to modify a display while a user is not looking at a monitor. Also, in one preferred embodiment, the process of updating the monitor display preferably resumes immediately upon detecting the user's eyes returning back to the monitor. In fact, the display manager application 306 could stop management of the display as soon as the gaze interface 320 detects that there is a reasonable probability of the gaze coming to rest upon the display monitor in question).
As for claims 10, 15 and 20, Buck teaches. The method of claim 2, further including:
sending, by the attention control application of the computing device, in response to determining that the gaze position data indicates the user focus area is within the first portion of the user interface, a second request to change communication of updated market data related to the first tradeable object to the first control application, wherein the second request to change communication increases updated market data related to the first tradeable object received by the first control application (par. 34 example of a user attention based events such as window obscured and other user configurable events which is example of first and second requests; par. 43 Knowing the current user's gaze position, the display manager application 306 may place notifications of appropriate severity within the edges of the user's current field of view, preferably without obscuring the interface that is central to the user's gaze, yet still be able to attract the user's attention).
As for claims 11, 16 and 21, Buck teaches. The method of claim 2, further including:
determining, by the attention control application of the computing device, that at least one of: (i) the first portion of the user interface is obscured or minimized or (ii) the user is not in front of a display device of the computing device; and
sending, by the attention control application of the computing device, a second request to change communication of updated market data related to the first tradeable object to the first control application, wherein the second request to change communication reduces updated market data related to the first tradeable object received by the first control application (par. 30 the display manager application 306 may suppress the active display of the monitor by minimizing any windows that are displayed on the monitor, or by obscuring the windows with a snapshot of what the display looks like at various intervals.).
(Note :) It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gaze Tracking For Field Analyzer
Document ID
US 5220361 A
Date Published
1993-06-15
Abstract
A field test apparatus is disclosed which is interactive both in the automated positioning of trial lenses (used to correct the patient's focal distance to the tester hemispherical projection screen) as well as providing automatic gaze direction determination through automated video surveillance of the patient's eye. A moveable trial lens holder is provided. This trial lens holder is remotely moveable horizontally and vertically and carries light sources for illuminating the eye preferably in the infrared spectrum at oblique angles preferably towards the center of the eye from the periphery of the trial lens holder. In the gaze direction determination system, a gaze direction determination infrared source--preferably on the surface of the screen near the center of the screen--generates a gaze direction determination reflection on the cornea of the eye--this reflection being near the apex of a normal spherical cornea. At the same time, provision for the automated video measurement of the center of the eye pupil is provided--preferably including measuring a horizontal chord of the eye pupil, bisecting this horizontal chord, locating the bottom of the eye pupil along the bisected dimension, and thereafter finding the pupil center. The relative position of the gaze direction determination reflection from the cornea and the center of the pupil is necessarily related to the direction of gaze of the eye. This relative position is compared to the relative position that the patient initially had when properly fixated. Change in this comparison value is utilized to indicate a change in gaze direction.
METHOD AND INTERFACE FOR PRESENTING LAST TRADED QUANTITY INFORMATION
Document ID
US 20100131405 A1
Date Published
2010-05-27
Abstract
Trading software may receive trading information from an exchange. The trading software may use the trading information to compute an estimate of last traded total sweep quantity. The trading software may also display the last traded total sweep quantity on a trading screen.
Inquires
Any inquiry concerning this communication should be directed to NICHOLAS AUGUSTINE at telephone number (571)270-1056.
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.
PNG
media_image1.png
213
559
media_image1.png
Greyscale
/NICHOLAS AUGUSTINE/Primary Examiner, Art Unit 2178 July 17, 2026
Prosecution Insights