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 .
Information Disclosure Statement
2. The Information disclosure Statement(s) filed 12/20/2024 have been considered. Initialed copies of the Form 1449 are enclosed herewith.
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.
3. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention recites an abstract idea without significantly more. Using the limitations in claim 1 to illustrate, the claim recite(s) the limitations of: categorize, in a log, the plurality of messages according to timestamps; weight, in the log, the plurality of message according to size and/or quantity; and identify a highest message user out of the plurality of terminal devices based on the log including the categorized and weighted plurality of messages.
The limitations, as drafted, is a process that, under its broadest reasonable interpretation, covers certain methods of organizing human activity, in particular, fundamental economic practices, but for the recitation of generic computer components. The claimed invention allows for an improved exchange of information between the electronic financial exchange and subscribers which is a certain method of organizing human activity (commercial or legal interactions). The mere nominal recitation of an apparatus comprising: a memory; and a processor disposed in communication with the memory, and configured to issue a plurality of processing instructions stored in the memory that causes the apparatus to perform the claimed functions, and terminal devices do not take the claim out of the methods of organizing human activity grouping. Thus, under Eligibility Step 2A, prong one, (MPEP §2106.04(a)), the claims recite an abstract idea.
Under Eligibility Step 2A, prong two, (MPEP §2106.04(d)), this judicial exception is not integrated into a practical application. The claim recites the additional elements: receiving a plurality of messages from each of a plurality of terminal devices. The receiving steps/function is recited at a high level of generality (i.e., as a general means of receiving data). Receiving data is a form of insignificant extra-solution activity –see MPEP 2106.05(g).
The apparatus comprising a memory and a processor disposed in communication with the memory, and configured to issue a plurality of processing instructions stored in the memory that causes the apparatus to perform the claimed steps of categorizing messages in a log and weight, in the log, the plurality of messages, are also recited at a high level of generality and merely automates the categorizing and weighing steps. Each of the additional limitations is no more than mere instructions to apply the exception using generic computer components (the memory and processor). The combination of these additional elements is no more than mere instructions to apply the exception using generic computer components. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose meaningful limits on practicing the abstract idea.
Similar arguments can be extended to independent claims 10 and 14 and hence claims 10 and 14 are rejected on similar grounds as claim 1. In addition, claim 14 recites a non- transitory machine-readable medium that amount to generic computer implementation.
The claims are directed to an abstract idea.
Under Eligibility Step 2B, (MPEP §2106.05), the claim(s) does/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 in the claims amount to no more than mere instructions to apply the exception using generic computer components.
Mere instructions to apply an exception using generic computer components cannot provide an inventive concept.
Furthermore, under Step 2B, the additional elements found to be insignificant extra-solution activities under step 2A prong two, are re-evaluated to determine if the elements are more than what is well-understood, routine and conventional activity in the field. Here, the Specification does not provide any indication that the memory and processor disposed in communication with the memory, and configured to issue a plurality of processing instructions stored in the memory that causes the apparatus to perform the claimed functions, and the terminal devices are anything other than generic computer components and the Symantec, TLI Communications, OIP Techs, and buySafe court decisions cited in MPEP 2106.05[d][ii] indicate that the mere receiving and transmitting data over a network are well-understood, routine, and conventional functions when they are claimed in a merely generic manner (as they are here). Accordingly, a conclusion that the receiving limitations are well understood, routine, and conventional activities is supported under Berkheimer Option 2. For these reasons, there is no inventive concept. The claims are not patent eligible.
The dependent claims have been given the full two part analysis including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because for the same reasoning as above and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. Dependent claims 2-9, 11-13, 15-20 simply help to define the abstract idea. The additional limitations of the dependent claim(s) when considered individually and as an ordered combination do not amount to significantly more than the abstract idea.
Viewing the claim limitations as an ordered combination does not add anything further than looking at the claim limitations individually. When viewed either individually, or as an ordered combination, the additional limitations do not amount to a claim as a whole that is significantly more than the abstract idea. Accordingly, claim(s) 1-20 is/are ineligible.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 8,626,637 (Gooch et al.)-cited for trade messages including time stamps and trade logs.
US 7,974,909 (Tresenriter)-cited for trade messages and time or processing messages.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELDA MILEF whose telephone number is (571)272-8124. The examiner can normally be reached Monday-Thursday 6:30am-3:30pm; Friday 7am-12pm.
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/ELDA G MILEF/Primary Examiner, Art Unit 3694