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 .
Status of the Claims
This Office Action is in response to the application filed 12/13/2024. Claims 1–20 are currently pending and are being examined in this reply.
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 claimed invention is directed to a judicial exception (i.e., an abstract idea) without “significantly more.”
Claims 1-20 are directed to certain methods of organizing human activity which is considered an abstract idea. Further, the claim(s) as a whole, when examined on a limitation-by-limitation basis and in ordered combination do not include an inventive concept.
Step 1 – Statutory Categories
In regard to claims 1-20 as indicated in the preamble of the claims, the examiner finds the claims are directed to a process, machine, or article of manufacture.
Step 2A – Prong One - Abstract Idea Analysis
Representative claim 1 recites the following abstract concepts, in italics below, which are found to include an “abstract idea”:
A system, comprising: one or more processors, coupled with memory, to: receive, from a client device, a request to execute an automatic repeating network operation using a profile data structure associated with the client device; query, using the profile data structure, a database to retrieve multiple source identifiers and corresponding computing infrastructure identifiers, wherein each source identifier is associated with a computing infrastructure identifier for the automatic repeating network operation; cause the client device to present a user interface comprising an interface object for each of the multiple source identifiers, the interface object configured to display configurations for the automatic repeating network operation associated with a respective source identifier; receive, from the client device, a plurality of interactions corresponding to partial switches for the automatic repeating network operation for at least two of the multiple source identifiers; generate one or more executable commands to cause a payroll processing system to update the profile data structure based on the plurality of interactions; and execute the automatic repeating network operation in accordance with the updated profile data structure.
The claim features in italics above as drafted, under its broadest reasonable interpretation are certain methods of organizing human activity (managing personal behavior or relationships or interactions between people) performed by generic computer components. That is, other than reciting “processor, memory/database, client device, and payroll processing system”, nothing in the claim element precludes the step from practically being a method of organized human activity. For example, but for the “processor, memory/database, client device, and payroll processing system”, the above italicized limitations in the context of this claim encompasses certain methods of organizing human activity. If the claim limitations, under its broadest reasonable interpretation, covers managing personal behavior or relationships or interactions between people and fundamental economic practices, 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 - Abstract Idea Analysis
This judicial exception is not integrated into a practical application. In particular, the claim only recites 4 additional elements – “processor, memory/database, client device, and payroll processing system”. They are recited at a high-level of generality (i.e., as a generic processor performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component (MPEP 2106.05(f)), data gathering, which is a form of insignificant extra-solution activity (MPEP 2106.05(g)), and linking the use of the judicial exception to a particular technological environment or field of use (MPEP 2106.05(h)). 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. The claim is directed to an abstract idea.
Step 2B - Significantly More Analysis
The claims do 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, the additional elements of “processor, memory/database, client device, and payroll processing system” amounts to no more than mere instructions to apply the exception using a generic computer component, insignificant extra-solution activity, and linking the use of the judicial exception to a particular technological environment or field of use. Mere instructions to apply the exception using a generic computer component, insignificant extra-solution activity, and linking the use of the judicial exception to a particular technological environment or field of use, cannot provide an inventive concept. Further, the background and specification does not provide any indication that the “processor, memory/database, client device, and payroll processing system” is anything other than a generic, off-the-shelf computer components. For these reasons, there is no inventive concept.
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)(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 1–2, 4–5, 8–14, and 16–20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Application Publication No. 2021/0350340 A1 to Lai et al. (“Lai”).
In regards to claims 1, 13, and 20, Lai discloses the following limitations:
A system, comprising: one or more processors, coupled with memory, to: receive, from a client device, a request to execute an automatic repeating network operation using a profile data structure associated with the client device, (see at least Lai ¶¶ 0143–0144 (client 1310 sends a “/deposit switch/create” instruction via the API 1330, and the database 1340 creates a deposit switch token corresponding to a targetable bank account to which a direct deposit will be switched) and ¶ 0158, block 1510 (acquiring account credentials for an institution account associated with the future transfers); receiving a request from a user to change at least one of the set of the endpoints and the set of the further transfers to the endpoints. The method 1500 may involve, at block 1540, using the proxy instance, executing the requested change to at least one of the set of the endpoints or the set of the future transfers to the endpoints.)
query, using the profile data structure, a database to retrieve multiple source identifiers and corresponding computing infrastructure identifiers, wherein each source identifier is associated with a computing infrastructure identifier for the automatic repeating network operation, (see at least Lai ¶ 0146 (the API 1330 sends an updateDirectDeposit call to the scheduler 1350, which issues a “Login, getAllocations” instruction to the gateway 1360, and the gateway returns a “pdr.getAllocationConfiguration” response) and ¶ 0158, block 1520 (“initiating … a proxy instance … to determine a set of endpoints and a set of the future transfers to the endpoints”))
cause the client device to present a user interface comprising an interface object for each of the multiple source identifiers, the interface object configured to display configurations for the automatic repeating network operation associated with a respective source identifier, (see at least Lai ¶¶ 0150 and 0154 and FIGS. 14G–14I (the user is presented with the user’s bank accounts associated with the payroll account and the current allocation of paychecks/deposits into each of those accounts, with each displayed account selectable to be changed) and ¶ 0196, block 2210 (reading and displaying the current allocation for the recurring transfer, describing each current endpoint))
receive, from the client device, a plurality of interactions corresponding to partial switches for the automatic repeating network operation for at least two of the multiple source identifiers, (see at least Lai ¶ 0151 and FIGS. 14J–14N (the user is provided fields and buttons to select/change partial recurring deposit amounts – e.g., dollar amount or percentage of pay – across the displayed accounts), ¶ 0155 (the user selects a dollar amount, or alternatively a percentage, to be deducted from the recurring transfers to current external user account(s) and instead routed to the new external user account), ¶ 0159 (custom allocations to one or more bank accounts), and ¶ 0149 (the system may edit the allocation configurations in a series of requests))
generate one or more executable commands to cause a payroll processing system to update the profile data structure based on the plurality of interactions, and (see at least Lai ¶ 0147 (the scheduler 1350 sends “updateAllocations” instructions to the payroll institution(s) via the gateway 1360), ¶ 0158, block 1540 (“using the proxy instance, executing the requested change to at least one of the set of the endpoints or the set of the future transfers to the endpoints”), and ¶ 0198, block 2240 (writing the new allocation to the external payroll account via the proxy instance))
execute the automatic repeating network operation in accordance with the updated profile data structure. (see at least Lai ¶ 0138 and 0198, blocks 2240–2250 (writing the new allocation to the external payroll account and then reading back the written allocation to confirm it was correctly written, such that subsequent recurring transfers are made according to the updated allocation))
Independent method claim 13 and independent computer-readable-medium claim 20 recite limitations commensurate in scope with claim 1 and are rejected for the same reasons. Lai further discloses a non-transitory computer readable medium storing instructions executable by a processor (¶¶ 0124, 0129, 0199–0201), and, with respect to claim 20’s recitation that the request is “based on data retrieved by a gateway from data sources, the data sources comprising at least one of databases, APIs, or computing infrastructures,” discloses a gateway 1360 (one or more institution interface modules) configured to communicate with one or more payroll institutions and to retrieve allocation configuration data via APIs/proxy instances (¶¶ 0142, 0146).
In regards to claims 2 and 14, Lai discloses the following limitations:
wherein the profile data structure is associated with one or more accounts maintained in the database, wherein each account comprises a routing number and an account number associated with the corresponding computing infrastructure identifiers. (see at least Lai ¶ 0145 (the client-side interface verifies that the account is a valid subtype (checking or savings) and that the account and routing numbers pass validation checks), ¶ 0087 (the account addressing information may be the account number and the routing number of an account), and ¶ 0107 (collected transaction information for each account endpoint includes at least an account number and a corresponding routing number for use in ACH transactions))
In regards to claims 4, 10, and 16, Lai discloses the following limitations:
wherein the processors are further configured to cause each interface object to present an interactive element that, when interacted with, executes actions comprising initiating the partial switches; and to cause, upon receiving a confirmation from the client device, the payroll processing system to update the configurations, comprising at least one of updating direct deposit allocations, adding or removing direct deposit accounts, or modifying direct deposit payment schedules. (see at least Lai ¶¶ 0150–0151 and FIGS. 14G–14N (the user is provided the option of adding a new bank account and changing the allocation of direct deposits, with fields and buttons to select/change partial recurring deposit amounts and to confirm the changes), ¶ 0198, blocks 2230–2240 (receiving confirmation for the new allocation from the user computing device and, in response, writing the new allocation to the external payroll account via the proxy instance)
In regards to claims 5 and 17, Lai discloses the following limitations:
wherein, in response to receipt of the plurality of interactions corresponding to the partial switches, the processors are further configured to cause the payroll processing system to modify an allocation of direct deposit amounts to one or more accounts associated with the corresponding computing infrastructure identifiers; and to allocate the direct deposit amounts based on a percentage (see at least Lai ¶ 0151 (fields and buttons to select/change partial recurring deposit amounts as a dollar amount or percentage of pay), ¶ 0155 (the user can select a dollar amount, or alternatively a percentage, to be deducted from the recurring transfers and routed to another account), ¶ 0096 (an account holder may set a proxy account to automatically split deposits between two accounts in a 30/70 balance), and ¶ 0197 (amounts allocated to each endpoint in percentage, absolute value, etc))
In regards to claims 6 and 18, Lai discloses the following limitations:
wherein the one or more processors are further configured to cause the payroll processing system to allocate the direct deposit amounts based on a numerical amount. (see at least Lai ¶ 0151 (fields and buttons to select/change partial recurring deposit amounts as a dollar amount or percentage of pay), ¶ 0155 (the user can select a dollar amount, or alternatively a percentage, to be deducted from the recurring transfers and routed to another account), ¶ 0096 (an account holder may set a proxy account to automatically split deposits between two accounts in a 30/70 balance), and ¶ 0197 (amounts allocated to each endpoint in percentage, absolute value, etc))
In regards to claims 7 and 18, Lai discloses the following limitations:
wherein the one or more processors are further configured to cause the payroll processing system to allocate the direct deposit amounts based on a percentage. (see at least Lai ¶ 0151 (fields and buttons to select/change partial recurring deposit amounts as a dollar amount or percentage of pay), ¶ 0155 (the user can select a dollar amount, or alternatively a percentage, to be deducted from the recurring transfers and routed to another account), ¶ 0096 (an account holder may set a proxy account to automatically split deposits between two accounts in a 30/70 balance), and ¶ 0197 (amounts allocated to each endpoint in percentage, absolute value, etc))
In regards to claims 8 and 19, Lai discloses the following limitations:
wherein the processors are further configured to utilize OAuth to establish secure authorization, the OAuth causing execution of the automatic repeating network operation associated with the profile data structure. (see at least Lai ¶ 0143–0144 (the database 1340 creates a deposit switch token with which the client-side interface is initialized, and responds with a public access token having a defined time-to-live, e.g., 30 minutes, used to initialize the deposit-switch flow), ¶ 0056 (a proxy instance includes an authentication token used to authenticate with the institution), and ¶ 0046 (secure authorization without revealing account credentials to the external user-facing application);
In regards to claim 9, Lai discloses the following limitations:
wherein the processors are further configured to generate one or more application programming interface (API) tokens configured to establish secure communication with at least one of a client device or a gateway. (see at least Lai ¶ 0144 (the database 1340 responds to the client 1310 with a public access token via the API 1330, having a defined TTL, with which the client initializes the client-side interface) and ¶ 0121 (requests may include identifier tokens))
In regards to claim 11, Lai discloses the following limitations:
wherein the processors are further configured to generate a session identifier to track updates to the configurations for the automatic repeating network operation. (see at least Lai ¶ 0144 (creation of a deposit switch token / public access token, having a defined time-to-live, that is associated with and tracks the particular deposit-switch flow, and ¶ 0144 noting that the “/link/item/create” request may include a switch ID), and ¶¶ 0065 and 0069 (communication sessions are set up and maintained through the proxy instance and may expire after a set time))
In regards to claim 12, Lai discloses the following limitations:
wherein the processors are further configured to execute an operation upon updating the profile data structure, the operation comprising generating payment instructions for the corresponding computing infrastructure identifiers. (see at least Lai ¶ 0147 (the scheduler 1350 sends “updateAllocations” instructions to the payroll institution(s) via the gateway 1360) and ¶ 0198, block 2240 (writing the new allocation to the external payroll account via the proxy instance), such that the subsequent recurring transfer is effected to the corresponding accounts per ¶ 0094, block 550 (executing the transaction between endpoints))
Claim Rejections - 35 USC § 103
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 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, 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 3 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lai, and further in view of U.S. Patent Application Publication No. 2019/0188659 A1 to Wolff et al. (“Wolff”).
In regards to claims 3 and 15, Lai teaches that each account is a valid subtype such as checking or savings (¶ 0145) but does not appear to specifically disclose the following limitations:
wherein each account is at least one of a savings account, a checking account, an investment account, or a retirement account.
The Examiner provides Wolff to teach the following limitation:
wherein each account is at least one of a savings account, a checking account, an investment account, or a retirement account. (see at least Wolff ¶ 0022 (“The payroll management system 110 is connected to various financial institutions 130 that may maintain accounts for employees. The financial institutions may include banks, credit unions, brokerage firms or other types of financial institutions where payroll deposits may be made, such as deposits to an illustrated account 140, which may (for example) be a demand deposit account (checking account)”) and ¶ 0030 (net proceeds deposited into a checking account or into other types of accounts))
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include in the system and method as taught by Lai, the destination accounts include savings, checking, investment, or retirement accounts as taught by Wolff, since the claimed invention is merely a combination of old elements, in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M MUTSCHLER whose telephone number is (313)446-6603. The examiner can normally be reached 0600-1430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian Zeender can be reached at (571)272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M MUTSCHLER/Examiner, Art Unit 3627
/A. Hunter Wilder/Primary Examiner, Art Unit 3627
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