Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 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.
DETAILED ACTION
Priority
This application is a continuation of many patent and provisional applications dating to 61/755,384 filed on 1/22/13.
Claim Objections
Claim 1 is objected to for the lack of “non-transitory.” The dependent claims of claim 1 all recite non-transitory and it appears to be an inadvertent omission.
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 1-20 are rejected under 35 U.S.C. § 101 because the instant application is directed to non-patentable subject matter. Specifically, the claims are directed toward at least one judicial exception without reciting additional elements that amount to significantly more than the judicial exception. The rationale for this determination is in accordance with the guidelines of USPTO, applies to all statutory categories, and is explained in detail below.
When considering subject matter eligibility under 35 U.S.C. 101, (1) it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. If the claim does fall within one of the statutory categories, (2a) it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so (2b), it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself. Examples of abstract ideas include fundamental economic practices; certain methods of organizing human activities; an idea itself; and mathematical relationships/formulas, (groups a, b - 2019 PEG)
STEP 1. Per Step 1 of the two-step analysis, the claims are determined to include, a computer readable medium as in independent Claim 1 and in the therefrom dependent claims. Such terminals fall under the statutory category of "item of manufacture." Therefore, the claims are directed to a statutory eligibility category.
Step 2A: The invention is directed to updating financial parameters which is akin to fundamental economic practices (see Alice), As such, the claims include an abstract idea. When considering the limitations individually and as a whole the limitations directed to the abstract idea are:
generate a graphical user interface comprising a first manipulable component and a second manipulable component, wherein the first manipulable component corresponds to a first value for a first finance parameter, wherein the second manipulable component corresponds to a first value for a second finance parameter, and wherein a combination of the first value for the first finance parameter and the first value for the second finance parameter satisfy candidate financial structure parameters; and in response to receiving an indication of user input to the first manipulable component: determine a first updated value for the first financial parameter corresponding to the user input, determine a second updated value for the second financial parameter such that the first updated value and the second updated value satisfy the candidate financial structure parameters, and update the second manipulable component in the graphical user interface to reflect the second updated value.
This judicial exception is not integrated into a practical application. The elements are recited at a high level of generality, i.e. a generic computing system performing generic functions including generic processing of data. Accordingly the additional elements do not integrate the abstract into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Therefore the claims are directed to an abstract idea. (2019 Revised Patent Subject Matter Eligibility Guidance ("2019 PEG"). Thus, under Step 2A of the Mayo framework, the Examiner holds that the claims are directed to concepts identified as abstract.
STEP 2B.
Because the claims include one or more abstract ideas, the examiner now proceeds to Step 2B of the analysis, in which the examiner considers if the claims include individually or as an ordered combination limitations that are "significantly more" than the abstract idea itself. This includes analysis as to whether there is an improvement to either the "computer itself," "another technology," the "technical field," or significantly more than what is "well-understood, routine, or conventional" in the related arts.
The instant application includes in Claim 1 no additional steps to those deemed to be abstract idea(s).
In the instant case, Claim 1 is directed to above mentioned abstract idea. Technical functions such as sending, receiving, displaying and processing data are common and basic functions in computer technology. The individual limitations are recited at a high level and do not provide any specific technology or techniques to perform the functions claimed.
The additional elements recited in the claim beyond the abstract idea include no additional elements.
Looking to MPEP 2106.05 (d), based on court decisions well understood, routine and conventional computer functions or mere instruction and/or insignificant activity have been identified to include: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321,120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TU Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); O/P Techs., /no., v. Amazon.com, Inc., 788 F,3d 1359, 1363, 115 USPQ2d 1090,1093 (Fed. Cir, 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPG2d 1097,
1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result-a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink," (emphasis added)}; Insignificant intermediate or post solution activity -See Bilski v. Kappos, 581 U.S. 593, 611 -12, 95 USPQ2d 1001,1010 (2010) (well-known random analysis techniques to establish the inputs of an equation were token extra-solution activity); In Bilski referring to Flook, where Flook determined that an insignificant post-solution activity does not makes an otherwise patent ineligible claim patent eligible. In Bilski, the court added to Flook that pre-solution (such as data gathering) and insignificant step in the middle of a process (such as receiving user input) to be equally ineffective. The specification and Claim does not provide any specific process with respect to the display output that would transform the function beyond what is well understood. Like as found in Electric Power Group, Bilski, the technical process to implement the input and display functions are conventional and well understood.
In addition, when the claims are taken as a whole, as an ordered combination, the combination of steps does not add "significantly more" by virtue of considering the steps as a whole, as an ordered combination. The instant application, therefore, still appears only to implement the abstract idea to the particular technological environments using what is well-understood, routine, and conventional in the related arts. The steps are still a combination made to the abstract idea. The additional steps only add to those abstract ideas using well-understood and conventional functions, and the claims do not show improved ways of, for example, an unconventional non-routine functions for authorizing the timing of a payment and to activate a display screen based on a trigger or camera functions that could then be pointed to as being "significantly more" than the abstract ideas themselves. Moreover, Examiner was not able to identify any "unconventional" steps, which, when considered in the ordered combination with the other steps, could have transformed the nature of the abstract idea previously identified. The instant application, therefore, still appears to only implement the abstract ideas to the particular technological environments using what is well-understood, routine, and conventional in the related arts.
Further, note that the limitations, in the instant claims, are done by the generically recited computing devices. The limitations are merely instructions to implement the abstract idea on a computing device and require no more than a generic computing devices to perform generic functions.
CONCLUSION
It is therefore determined that the instant application not only represents an abstract idea identified as such based on criteria defined by the Courts and on USPTO examination guidelines, but also lacks the capability to bring about "Improvements to another technology or technical field" (Alice), bring about "Improvements to the functioning of the computer itself" (Alice), "Apply the judicial exception with, or by use of, a particular machine" (Bilski), "Effect a transformation or reduction of a particular article to a different state or thing" (Diehr), "Add a specific limitation other than what is well-understood, routine and conventional in the field" (Mayo), "Add unconventional steps that confine the claim to a particular useful application" (Mayo), or contain "Other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment" (Alice), transformed a traditionally subjective process performed by humans into a mathematically automated process executed on computers (McRO), or limitations directed to improvements in computer related technology, including claims directed to software (Enfish).
The remaining dependent claims—which impose additional limitations—also fail to claim patent-eligible subject matter because the limitations cannot be considered statutory. In reference to claims 2-7 these dependent claim have also been reviewed with the same analysis as independent claim 1. The dependent claim(s) have been examined individually and in combination with the preceding claims, however they do not cure the deficiencies of claim 1; where all claims are directed to the same abstract idea, "addressing each claim of the asserted patents [is] unnecessary." Content Extraction &. Transmission LLC v, Wells Fargo Bank, Natl Ass'n, 776 F.3d 1343, 1348 (Fed. Cir. 2014). If applicant believes the dependent claims are directed towards patent eligible subject matter, they are invited to point out the specific limitations in the claim that are directed towards patent eligible subject matter. Claims for the other statutory classes are similarly analyzed.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-10, 12-16, 19-20 are rejected under 35 USC 102 as being anticipated by US 2008/0183616, Hankey
1. A computer readable medium comprising computer readable code executable by one or more processors to:
generate a graphical user interface comprising a first manipulable component and a second manipulable component, wherein the first manipulable component corresponds to a first value for a first finance parameter, wherein the second manipulable component corresponds to a first value for a second finance parameter, and wherein a combination of the first value for the first finance parameter and the first value for the second finance parameter satisfy candidate financial structure parameters; and (Hankey Fig 3. Many financial parameters that satisfy financial parameters structures).
in response to receiving an indication of user input to the first manipulable component: determine a first updated value for the first financial parameter corresponding to the user input, determine a second updated value for the second financial parameter such that the first updated value and the second updated value satisfy the candidate financial structure parameters, and update the second manipulable component in the graphical user interface to reflect the second updated value. (Hankey Fig 3 inputs are changeable and when the values change, other values on the screen also change)
2. The non-transitory computer readable medium of claim 1, wherein the second updated value is determined in response to a determination that the first updated value and the first value for a second finance parameter fail to satisfy the candidate financial structure parameters. (Hankey Fig 7 changes values to maximize dealer gross)
3. The non-transitory computer readable medium of claim 1, wherein a first value for a third financial parameter is configured to be presented in the graphical user interface with the first manipulable component indicating the first value for the first finance parameter, and the second manipulable component indicating the first value for the second finance parameter, and wherein the computer readable code to determine the second updated value for the second financial parameter further comprises computer readable code to: determine a third updated value corresponding to the third financial parameter such that a combination of the first updated value, second updated value, and third updated value satisfy the candidate financial structure parameters, and replace the first value for the third financial parameter with the third updated value. (Hankey Fig 3 includes at least 3 inputtable values)
5. The non-transitory computer readable medium of claim 1, wherein the candidate financial structure parameters are user specific. (Hankey the entry amounts are specific to the user)
6. The non-transitory computer readable medium of claim 1, wherein the financial structure parameters are associated with a motor vehicle. (Hankey ¶17 car)
7. The non-transitory computer readable medium of claim 1, wherein the graphical user interface further comprises an acceptance input component which, when selected, causes an additional user interface to be presented with additional financial terms. (Hankey Fig 9 additional finance terms for various cars)
Claims 8-9, 12-16, 18-20 are rejected under similar rationales.
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 of this title, 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 4, 11, 18 are rejected under 35 USC 103 as being unpatentable over Hankey
4. The non-transitory computer readable medium of claim 3, further comprising computer readable code to: detect an additional user input to lock the first updated value; and (Hankey ¶20 fixed down payment/fixed monthly payment)
in response to receiving an indication of user input to the second manipulable component: determine a fourth updated value for the second financial parameter corresponding to the additional user input, determine a fifth updated value corresponding to the third financial parameter such that a combination of the first updated value, fourth updated value, and fifth updated value satisfy the candidate financial structure parameters, and replace the third updated value for the third financial parameter with the fifth updated value, wherein the first updated value remains locked for the first financial parameter in accordance with the user input to lock the first updated value. (Hankey Fig 3 various other inputs)
Note while Hankey does not disclose an additional input to “lock” the first updated value, a fixed down payment or fixed monthly payment indicates a value that is not changeable in the deal. Thus, it would be obvious to modify the system of Hankey to include the option to “lock” the values for the purposes of prevent inadvertent changes to values that should not be changed.
Claims 11, 18 are rejected under a similar rationale.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ming Shui whose telephone number is (303)297-4247. The examiner can normally be reached on 7-5 Pacific Time, M-Th.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Greg Morse can be reached on 571-272-3838. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ming Shui/
Primary Examiner, Art Unit 2663
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