DETAILED ACTION
Notice of Pre-AIA or AIA Status
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 of November 1, 2024. The rejections are stated below. Claims 1-20 are pending and have been examined.
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.
2. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
3. Claim 1 recites “…, comprising: at least …, wherein the memory device stores a … including a plurality of loan profiles generated by a plurality of lenders, wherein each of the plurality of loan profiles includes a loan type, loan metrics, and borrower metrics and wherein the loan type includes a type of commercial loan; and
at …, wherein the … and wherein the at least … …, causes the … to:
obtain borrower data including a plurality of business metrics from a …;
compare the borrower data to the plurality of loan profiles of the plurality of lenders;
determine at least one matching loan profile from the plurality of loan profiles;
determine loan terms from the at least one matching loan profile, wherein the loan terms include at least a loan amount and a loan rate; and
generate a … for display on the …, wherein the … file includes the loan terms”.
4. These limitations describe an abstract idea of lending and corresponds to Certain Methods of Organizing Human Activity( hedging, mitigating risk) and Mathematical Concepts (mathematical calculations). Accordingly, claim 1 recites an abstract idea (Step 2A: Prong 1: YES).
5. The claim also recites as additional elements such as “a lending system, comprising at least one memory device, wherein the memory devices stores a database, at least one processing circuit operatively coupled to the memory device and wherein the at least one memory device stores instructions that when executed by the at least one processing circuit, causes the lending system, user device, generate a graphical user interface (GUI) file for display on the user device” which do no more than implement the abstract idea and/or provide a particular technological environment. Therefore, claim 1 recites an abstract idea without a practical application (Step 2A - Prong 2: NO).
6. Further, as the additional elements of claim 1 do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, they do not improve computer functionality or improve another technology or technical field. Thus, claim 1 is not patent eligible (Step 2B: NO).
7. Claim 13 also recite the abstract idea of idea lending and corresponds to Certain Methods of Organizing Human Activity (hedging, mitigating risk) and Mathematical Concepts (mathematical calculations) step one of step 2A (MPEP 2106.04). Claim includes the additional elements of “a lending system, comprising at least one memory device, wherein the memory devices stores a database, at least one processing circuit operatively coupled to the memory device and wherein the at least one memory device stores instructions that when executed by the at least one processing circuit, causes the lending system, web portal”. The additional elements do no more than serve as a tool to implement the abstract idea and/or link the abstract idea a particular technological environment. Therefore, as they do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, they do not improve computer functionality or improve another technology or technical field.
8. Claim 2 recites “wherein … to obtain the initial borrower data including the plurality of business metrics from an unknown user of the …, wherein the unknown user is not associated with an account in the …; and display the … including the loan terms on the …” which further defines the abstract idea. The claim includes the additional elements of “lending system is further configured, user device, GUI”. The additional elements do no more than serve as a tool to implement the abstract idea and/or link the abstract idea a particular technological environment. Therefore, as they do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, they do not improve computer functionality or improve another technology or technical field.
9. Claim 3 recites “generate a borrower account including the initial borrower data; generate loan application data using additional borrower data associated with a borrower account and store the loan application data in the at least …; and determine a plurality of updated matching loan profiles from the plurality of loan profiles stored in the at least one memory device using the loan metrics and the borrower metrics from the plurality of loan profiles and the loan application data” which further defines the abstract idea. The claim includes the additional element of “at least one memory device”. The additional element does no more than serve as a tool to implement the abstract idea and/or link the abstract idea a particular technological environment. Therefore, as it does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve computer functionality or improve another technology or technical field.
10. Claim 4 recites “determine a plurality of matched lenders associated with the plurality of updated matching loan profiles; and provide access to the loan application data stored in the at least … to lender accounts associated with the plurality of matched lenders” which further describe the abstract idea. The additional element does no more than serve as a tool to implement the abstract idea and/or link the abstract idea a particular technological environment. Therefore, as it does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve computer functionality or improve another technology or technical field.
11. Claim 5 recites “determine the plurality of updated matching loan profiles by: determining a matching score between the loan application data and each of the plurality of loan profiles; comparing the matching score for each of the plurality of loan profiles to a minimum matching score; and selecting the plurality of updated matching profiles with associated matching scores above the minimum matching score” which further defines the abstract idea.
12. Claim 6 recites “obtain and store a plurality of non-binding term sheets (NBTS) from a plurality of the matched lenders; and provide access to the plurality of NBTS to the borrower account” which further defines the abstract idea.
13. Claim 7 recites “obtain a selection of one of the plurality of NBTS from the borrower account; notify a selected lender associated with the selected one of the plurality of NBTS; and notify a plurality of non-selected lenders of a stand-by status” which further defines the abstract idea.
14. Claim 8 recites “track a status of the loan application” which further defines the abstract idea.
15. Claim 9 recites “generate a customizable template for a loan application GUI; receive updates to the customizable template from a lender account; and generate an updated template for the loan application GUI for the lender account” as additional elements. The additional elements do no more than serve as a tool to implement the abstract idea and/or link the abstract idea a particular technological environment. Therefore, as they do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, they do not improve computer functionality or improve another technology or technical field.
16. Claim 10 recites “obtain one or more parameters relating to lender performance; and generate a rating of a lender account using the one or more parameters” which further defines the abstract idea.
17. Claim 11 recites “generate a template of a pro forma financial statement for one or more business types; extract data associated with the borrower account from …; and generate a pro forma financial statement for the borrower account using the extracted data and loan terms from the at least one matching loan profile” which further defines the abstract idea. The claim includes the additional element of “third party accounting system”. The additional element does no more than serve as a tool to implement the abstract idea and/or link the abstract idea a particular technological environment. Therefore, as it does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve computer functionality or improve another technology or technical field.
18. Claim 12 recites “a web server including at least a network interface, wherein the web server communicates the GUI to a web browser on the user device; and an application server coupled to the web server” as an additional elements. The additional element does no more than serve as a tool to implement the abstract idea and/or link the abstract idea a particular technological environment. Therefore, as it does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve computer functionality or improve another technology or technical field.
19. Claim 14 recites “determine the plurality of matching loan profiles by: determining a matching score between the loan application data and each of the plurality of loan profiles; comparing the matching score for each of the plurality of loan profiles to a minimum matching score; and determining the plurality of loan profiles with associated matching scores above the minimum matching score” which further define the abstract idea.
20. Claim 15 recites “determine a plurality of matched lenders associated with the plurality of matching loan profiles; and provide access to the loan application data stored in the … to lender accounts associated with the plurality of matched lenders” which further defines the abstract idea. The claim recites “at least one memory device” as an additional elements. The additional element does no more than serve as a tool to implement the abstract idea and/or link the abstract idea a particular technological environment. Therefore, as it does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve computer functionality or improve another technology or technical field.
21. Claim 16 recites “obtain and store a plurality of non-binding term sheets (NBTS) from the plurality of matched lenders; and provide access to the plurality of NBTS to the borrower account” which further defines the abstract idea.
22. Claim 17 recites “obtain a selection of one of the plurality of NBTS from the borrower account; notify a selected lender associated with the selected one of the plurality of NBTS; and notify a plurality of non-selected lenders of a stand-by status” which further defines the abstract idea.
23. Claim 18 recites obtain one or more parameters relating to lender performance for each of the plurality of lender accounts; and generate a lender rating for each of the plurality of lender accounts” which further defines the abstract idea.
24. Claim 19 recites “generate a loan specialist web portal for access by a plurality of loan specialists; and generate a GUI for the loan specialist web portal including a loan status for each of a plurality of loan applications associated with the plurality of lender accounts” as an additional elements. The additional element does no more than serve as a tool to implement the abstract idea and/or link the abstract idea a particular technological environment. Therefore, as it does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve computer functionality or improve another technology or technical field.
25. Claim 20 recites “generate a GUI for the loan specialist web portal including a plurality of process steps and a status for each of the plurality of process steps for each of the plurality of loan applications associated with the plurality of lender accounts” as an additional elements. The additional element does no more than serve as a tool to implement the abstract idea and/or link the abstract idea a particular technological environment. Therefore, as it does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve computer functionality or improve another technology or technical field.
Claim Rejections – 35 USC §112
26. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
27. Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
28. Claim 1 recites "compare the borrower data to the plurality of loan profiles". The claims recite this function at a high level of abstraction but provide no detail on how the comparison is performed. A skilled artisan would not know whether this is a simple rule-based comparison (e.g., "if revenue > X, then match"), a weighted scoring model, a machine learning model, or another complex algorithm. The specification provides no guidance on the algorithm's structure, inputs, weights, or decision thresholds, leaving the skilled artisan to unduly experiment to determine a viable method. Claim 13 is rejected as the same basis as it recites similar language, “…compare the loan application data to the loan metrics and the borrower metrics in each of the plurality of loan profiles …”.
29. Claims 5 and 14 each recite “… determining a matching score …”. The claim requires determining a "matching score" but provides no disclosure regarding how this score is calculated. The factors considered, their relative weights, normalization techniques, and the scoring formula itself are completely absent. The art of credit scoring and loan matching is unpredictable and complex; simply stating the function of "determining a score" without the underlying algorithm is not enabling for the claimed scope.
30. Claim 9 recites "generate a customizable template for a loan application GUI". The claim requires determining a "matching score" but provides no disclosure regarding how this score is calculated. Stating the function of "determining a score" without the underlying algorithm is not enabling for the claimed scope.
31. Claim 10 recites "generate a rating of a lender account". The claim requires determining a "matching score" but provides no disclosure regarding how this score is calculated. The factors considered, their relative weights, normalization techniques, and the scoring formula itself are completely absent. The art of credit scoring and loan matching is unpredictable and complex; simply stating the function of "determining a score" without the underlying algorithm is not enabling for the claimed scope.
32. Claim 11 recites "extract data associated with the borrower account from a third-party accounting system". The claim does not describe the means for extraction.
33. Claims 2-12 and 14-20 are rejected as each depends on claims 1 and 13.
34. 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.
35. Claims 1-20 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.
36. Claims 1 and 13 each recite “loan metrics” and “borrower metrics”. The specification provides no standard for what constitutes a loan metric or a borrower metric. This lack of clarity leaves the public unable to determine the scope of protection sought. See Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. 898, 901 (2014) (a claim is indefinite if it fails to inform, with reasonable certainty, those skilled in the art about the scope of the invention).
37. Claims 1 and 13 each recite “type of commercial loan”. This term is indefinite because it is a classical category name without a specific definition within the claim. The scope of "commercial loan" is vast and could include small business administration (SBA) loans, commercial real estate mortgages, equipment financing, asset-backed loans, etc. The claim does not specify which types are included, leaving the public to guess at the claim's boundaries.
38. Claims 1 and 13 each recite “processing circuit”. While this is a common term, when combined with the highly functional and non-enabled limitations it is intended to perform (e.g., "compare," "determine a matching score"), it constitutes non-structural functional language. Under the precedent of Williamson v. Citrix Online, LLC, the term "processing circuit" is a generic term that does not impart structure. When coupled with the purely functional limitations, the claim fails to inform those skilled in the art about the scope of the invention with reasonable certainty.
39. Claim 1 recites "business metrics". ”. The specification provides no standard for what constitutes business metrics. This lack of clarity leaves the public unable to determine the scope of protection sought. See Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. 898, 901 (2014) (a claim is indefinite if it fails to inform, with reasonable certainty, those skilled in the art about the scope of the invention).
40. Claims 5 and 14 each recite "matching score". This term is indefinite because the claim does not define the scale, units, or methodology of the score. Without knowing what the score represents or how it is derived, the public cannot ascertain the metes and bounds of the claim.
41. Claim 10 recites “one or more parameters relating to lender performance”. The claim fails to specify what these "parameters" are. The complete lack of specificity for this core claim element renders the claim insolubly ambiguous.
42. Claims 2-12 and 14-20 are rejected as each depends on claims 1 and 13.
Claim Rejections – 35 USC 102
43. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
form the rejections under this section made in this Office action.
A person shall be entitled to a patent unless -
(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.
44. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bjonerud et al. [US Pub No. 2019/0102835 A1].
45. Regarding claim 1, Bjonerud discloses a lending system, comprising: at least one memory device, wherein the memory device stores a database including a plurality of loan profiles generated by a plurality of lenders, wherein each of the plurality of loan profiles includes a loan type, loan metrics, and borrower metrics and wherein the loan type includes a type of commercial loan (0111); and
at least one processing circuit, wherein the processing circuit is operatively coupled to the at least one memory device and wherein the at least one memory device stores instructions that, when executed by the at least one processing circuit, causes the lending system (0111) to:
obtain borrower data including a plurality of business metrics from a user device (0050-0051, 0063, 0113);
compare the borrower data to the plurality of loan profiles of the plurality of lenders (0048, 0103);
determine at least one matching loan profile from the plurality of loan profiles (0012-0013, 0047, 0055-0057, 0123);
determine loan terms from the at least one matching loan profile, wherein the loan terms include at least a loan amount and a loan rate (0012-0013, 0047, 0055-0057, 0123); and
generate a graphical user interface (GUI) file for display on the user device, wherein the GUI file includes the loan terms (0038).
46. Regarding claim 2, Bjonerud discloses the lending system of claim 1, wherein the lending system is further configured to obtain the initial borrower data including the plurality of business metrics from an unknown user of the user device, wherein the unknown user is not associated with an account in the lending system; and display the GUI including the loan terms on the user device (0047, 0051, 0055, 0066).
47. Regarding claim 3, Bjonerud discloses the lending system of claim 2, wherein the lending system is further configured to obtain the initial borrower data including the plurality of business metrics from an unknown user of the user device, wherein the unknown user is not associated with an account in the lending system; and display the GUI including the loan terms on the user device (0047, 0051, 0055, 0066).
48. Regarding claim 4, Bjonerud discloses the lending system of claim 3, wherein the lending system is further configured to: determine a plurality of matched lenders associated with the plurality of updated matching loan profiles; and provide access to the loan application data stored in the at least one memory device to lender accounts associated with the plurality of matched lenders (0012-0013, 0047, 0055-0057).
49. Regarding claim 5, Bjonerud discloses the lending system of claim 4, wherein the lending system is further configured to determine the plurality of updated matching loan profiles by: determining a matching score between the loan application data and each of the plurality of loan profiles; comparing the matching score for each of the plurality of loan profiles to a minimum matching score; and selecting the plurality of updated matching profiles with associated matching scores above the minimum matching score (0012-0013, 0047, 0055-0057).
50. Regarding claim 6, Bjonerud discloses the lending system of claim 5, wherein the lending system is further configured to: obtain and store a plurality of non-binding term sheets (NBTS) from a plurality of the matched lenders; and provide access to the plurality of NBTS to the borrower account (0012-0013, 0047, 0055-0057)
51. Regarding claim 7, Bjonerud discloses the lending system of claim 6, wherein the lending system is further configured to determine the plurality of updated matching loan profiles by: determining a matching score between the loan application data and each of the plurality of loan profiles; comparing the matching score for each of the plurality of loan profiles to a minimum matching score; and selecting the plurality of updated matching profiles with associated matching scores above the minimum matching score (0012-0013, 0047, 0055-0057).
52. Regarding claim 8, Bjonerud discloses the lending system of claim 7, wherein the lending system is further configured to track a status of the loan application (0154).
53. Regarding claim 9, Bjonerud discloses the lending system of claim 8, wherein the lending system is further configured to track a status of the loan application (0012-0013, 0047. 0055-0057).
54. Regarding claim 10, Bjonerud discloses the lending system of claim 9, wherein the lending system is further configured to: obtain one or more parameters relating to lender performance; and generate a rating of a lender account using the one or more parameters (0041).
55. Regarding claim 11, Bjonerud discloses the lending system of claim 10, wherein the lending system is further configured to: generate a template of a pro forma financial statement for one or more business types; extract data associated with the borrower account from a third-party accounting system; and generate a pro forma financial statement for the borrower account using the extracted data and loan terms from the at least one matching loan profile (0012-0013, 0047, 0055-0057).
56. Regarding claim 12, Bjonerud discloses the lending system of claim 1, comprising: a web server including at least a network interface, wherein the web server communicates the GUI to a web browser on the user device; and an application server coupled to the web server (0113).
57. Regarding claim 13, Bjonerud discloses a lending system comprising:
at least one memory device (0111); and
at least one processing circuit, wherein the processing circuit is operatively coupled to the at least one memory device and wherein the at least one memory device stores instructions that, when executed by the at least one processing circuit, causes the lending system (0111) to:
generate a lender web portal for access by a plurality of lender accounts (0050-0051, 0063, 0113);
generate a plurality of loan profiles for each of the plurality of lender accounts, wherein each of the plurality of loan profiles includes a loan type, loan metrics, and borrower metrics and wherein the loan type includes a type of commercial loan (0012-0013, 0047, 0055-0057, 0123);
generate loan application data using borrower data associated with a borrower account and store the loan application data in the at least one memory device (0012-0013, 0047, 0055-0057, 0123);
compare the loan application data to the loan metrics and the borrower metrics in each of the plurality of loan profiles (0048, 0103); and
determine a plurality of matching loan profiles from the plurality of loan profiles (0012-0013, 0047, 0055-0057).
58. Regarding claim 14, Bjonerud discloses the lending system of claim 13, wherein the lending system is further configured to determine the plurality of matching loan profiles by: determining a matching score between the loan application data and each of the plurality of loan profiles; comparing the matching score for each of the plurality of loan profiles to a minimum matching score; and determining the plurality of loan profiles with associated matching scores above the minimum matching score (0012-0013, 0047, 0055-0057, 0123).
59. Regarding claim 15, Bjonerud discloses the lending system of claim 14, wherein the lending system is further configured to: determine a plurality of matched lenders associated with the plurality of matching loan profiles; and provide access to the loan application data stored in the at least one memory device to lender accounts associated with the plurality of matched lenders (0012-0013, 0047, 0055-0057, 0123).
60. Regarding claim 16, Bjonerud discloses the lending system of claim 15, wherein the lending system is further configured to: obtain and store a plurality of non-binding term sheets (NBTS) from the plurality of matched lenders; and provide access to the plurality of NBTS to the borrower account (0012-0013, 0047, 0055-0057) .
61. Regarding claim 17, Bjonerud discloses the lending system of claim 16, wherein the lending system is further configured to: obtain a selection of one of the plurality of NBTS from the borrower account; notify a selected lender associated with the selected one of the plurality of NBTS; and notify a plurality of non-selected lenders of a stand-by status (0012-0013, 0047, 0055-0057).
62. Regarding claim 18, Bjonerud discloses the lending system of claim 17, wherein the lending system is further configured to: obtain one or more parameters relating to lender performance for each of the plurality of lender accounts; and generate a lender rating for each of the plurality of lender accounts (0047-0048).
63. Regarding claim 19, Bjonerud discloses the lending system of claim 18, wherein the lending system is further configured to: generate a loan specialist web portal for access by a plurality of loan specialists; and generate a GUI for the loan specialist web portal including a loan status for each of a plurality of loan applications associated with the plurality of lender accounts (0038).
64. Regarding claim 20, Bjonerud discloses the lending system of claim 19, wherein the lending system is further configured to: generate a GUI for the loan specialist web portal including a plurality of process steps and a status for each of the plurality of process steps for each of the plurality of loan applications associated with the plurality of lender accounts (0038).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN T POE whose telephone number is (571)272-9789. The examiner can normally be reached on Monday-Friday 9:30am through 6pm EST.
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/K.T.P/Examiner, Art Unit 3692 /KEVIN T POE/
/DANIEL S FELTEN/Primary Examiner, Art Unit 3692