Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Status of Claims
Claims 1, 4-13, 14-16 and 18-22 are pending.
Response to Arguments
Applicant’s arguments regarding the 101 rejection have been considered but are not persuasive.
Applicant argues that automatic rearrangement of icons on a graphical user interface qualifies as non-human activity.
The Office asserts that the automatic rearrangement represents adding the words “apply it’. Rearrangement of data is a human activity as evidenced by claim 3 of example 37 of the subject matter eligibility examples.
Applicant argues the claims mirror examples 1 and 2 of example 37 of the subject matter eligibility examples.
The Office asserts that the claims more accurately mirror claim 3 of the example 37 and is similarly ineligible. The applicant asserts that the present claims rearrange according to location as in example claims 1 and 2 but the rearrangement as described by the specification is merely an ordering, either ascending or descending.
Applicant argues the rearrangement feature both facilitates and enhances the efficiency of verification of entity ownership attributes by consolidating and organizing large amounts of information about entities into readily understandable icon-mediated displays of frequencies of electronic transfers and relationship histories.
The Office asserts that the rearrangement is merely claimed in a descriptive manner and does not imply any effect upon the verification process itself.
Applicant argues the rearrangement represents an improved user interface similar to Core Wireless.
The Office asserts that the claims do not facilitate and enhance the efficiency of verification of entity ownership as the rearrangement is merely descriptive as discussed previously.
Applicant argues elements of the claim are not well-understood, routine and conventional.
The Office asserts that the claim limitations were not rejected as being well-understood, routine and conventional thus this argument is moot.
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.
Claim(s) 1, 4-12, 14-16 and 18-22 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):
1. (Currently Amended) A non-transitory computer readable medium containing instructions that when executed by at least one processor, cause the at least one processor to perform operations for verifying entities and provide an electronic transfer between entities, the operations comprising:
retrieving a first reference number and a first transmit number associated with a first entity repository, wherein the first entity repository is owned by a first entity;
generating a first internal profile associated with the first entity, wherein the first internal profile includes the first reference number and the first transmit number associated with the first entity repository;
generating a first access token, wherein the first access token includes a first identification;
generating a first external profile associated with the first entity, wherein the first external profile for the first entity includes the first access token;
storing the first internal profile and the first external profile in a first directory of profiles, wherein the first directory of profiles includes a plurality of internal profiles and a plurality of external profiles both associated with a plurality of entities, the plurality of entities displayed as icons on a graphical user interface and the icons automatically rearranging based on a frequency of electronic transfers associated with the first entity and a relationship history with the first entity, wherein the relationship history includes at least one of a positive history indication, a neutral history indication, or a negative history indication;
retrieving a second identification of a second access token, wherein the second access token is associated with a second external profile from the plurality of external profiles, the second external profile associated with an icon listed first at the top of a rearrangement list displayed in the graphical user interface as the external profile with both the most frequent electronic transfers with the first entity and a positive history indication with the first entity with any remaining external profiles in the rearrangement list associated with icons listed after that of the second external profile;
identifying a second entity associated with the second external profile using the second identification;
identifying a second internal profile from the plurality of internal profiles associated with the second entity;
using a second reference number and a second transmit number associated with the second internal profile, identifying a current status and a history of a second entity repository associated with the second internal profile,
distributing the current status and the history associated with the second entity repository to the first entity; and
upon receiving a positive status indication and a positive history indication,
generating data associated with an electronic transfer from the first entity repository to the second entity repository and providing the data associated with the electronic transfer to the second entity to initiate the electronic transfer from the first entity repository to the second entity repository.
The underlined elements of the claim represent certain methods of organizing human activity, fundamental economic practices of mitigating risk because the claims are directed to verifying entities before initiating funds transfers between the entities. The claim also includes rearranging icons based upon certain criteria which is a mental process. Per MPEP 2106.04, claims with multiple abstract ideas should be identified as such to make the record clear.
This judicial exception is not integrated into a practical application because the claims are The additional elements being a non-transitory computer readable medium containing instructions executed by a processor and the term electronic which are generically recited. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because for the reasons.
The dependent claims merely narrow the abstract idea and as a whole and in combination, the claims represent the abstract idea with the words “apply it”, or the like.
The dependent claims further narrow the abstract idea by reciting how the positive history indication is calculated or are merely further descriptive of the abstract idea.
Claims 12 and 13 are similarly rejected.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM E RANKINS whose telephone number is (571)270-3465. The examiner can normally be reached on 9-530 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bennett Sigmond can be reached on 303-297-4411. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM E RANKINS/ Primary Examiner, Art Unit 3694
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