DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/12/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 an abstract idea without significantly more.
6. In the instant case, claim 1 is directed to a system and claim 11 is directed to a method for use by a system of acquiring and using credit.
7. Claim 1 is directed to the abstract idea of “managing digital funds” which is grouped under in prong one of step 2A (See 2019 Revised Patent Subject Matter Eligibility Guidance). Claim 1 recites,
“receiving,…, a request to fund a digital fund …, wherein the digital fund is funded by a plurality of participant accounts including a participant account …, the digital fund being connected to each of the plurality of participant accounts; processing,…, a transaction adding a currency amount to the digital fund, wherein each of the plurality of participant accounts contributes an equal currency amount to the digital fund; generating…, a contactless payment instrument connected with the digital fund, each contactless payment instrument comprising payment information, wherein each of the plurality of participant accounts are enabled to access the contactless payment instrument; and updating each of the plurality of participant accounts with the payment information for the contactless payment instrument. ”
Which can be interpreted as a method of organizing human activity being related to managing transactions between people that involve certain contractual/agreement relationships (e.g., wherein the digital fund involves agreements between participants of the fund similar to subscription, limited partnership and/or cash pooling agreements). Accordingly, the claim recites an abstract idea (See 2019 Revised Patent Subject Matter Eligibility Guidance).
8. This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A (See 2019 Revised Patent Subject Matter Eligibility Guidance), the additional elements of the claim such as “digital fund database”, “remote server”, “mobile devices”, “processors” and “accounts” represent the use of a computer system as a tool to perform an abstract idea and/or does no more than generally link the abstract idea to a particular field of use. Therefore, the additional elements do not integrate the abstract idea into a practical application as they do no more than represent a computer system performing functions that correspond to (i.e. automate) managing digital funds.
9. When analyzed under step 2B (See 2019 Revised Patent Subject Matter Eligibility Guidance), the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception itself. Viewed as a whole, the combination of elements recited in the claims merely describe the concept of managing digital funds using computer technology (e.g. digital fund database) receiving, processing and storing data [e.g., see Alice Corp., 134 S. Ct. at 2360] as well as electronic recordkeeping [see e.g., Alice Corp., 134 S. Ct. 2359 (creating and maintaining “shadow accounts”); Ultramercial, 772 F.3d at 716 (updating an activity log)]. Therefore, the use of these additional elements does no more than employ a computer as a tool to automate and/or implement the abstract idea, which cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)).
10. Hence, system claim 1, is not patent eligible.
11. Similarly independent method claims 9 and 17 are rejected.
12. Claims 2-8, 10-16 and 18-20 are rejected as not providing significantly more than the abstract idea.
Claim Rejections - 35 USC § 102
13. 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.
14. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by over Sagastiverza et al (US 2015/0142657) .
15. As per claims 1 and 17, Sagastiverza discloses a system supporting a payment network of digital funds, comprising:
a digital fund database (item# 2210)[¶0036],[¶0042-¶0043-baskets may accept contributions from multiple users ]comprising:
a plurality of participant accounts, each participant account being associated with at least one user and comprising a digital payment source [¶0042]; and
a digital fund, the digital fund being connected to each of the plurality of participant accounts [¶0042], and being accessible via a contactless payment instrument; and
a remote server (item# 2140)[¶0035]in communication with one or more payment processors and a plurality of mobile devices, each of the plurality of mobile devices being associated with one of the plurality of participant accounts and the respective at least one user, wherein the remote server comprises or is in communication with the digital fund database and is configured to:
receive a request from at least one of the plurality of mobile devices via a digital fund application being executed on the plurality of mobile devices, the request comprising a request to create and/or fund the digital fund by the plurality of participant accounts;[¶0069], as also in method claim 17
process, for each of the plurality of participant accounts via the one or more payment processors (item#2100), a transaction adding a currency amount to the digital fund from the one or more digital payment sources to create a funded digital fund, wherein each of the plurality of participant accounts contributes an equal currency amount to the digital fund;[¶0032], as also in method claim 17
generate, via the one or more payment processors (item# 2120), a contactless payment instrument connected with the funded digital fund [¶0050-¶0052], each contactless payment instrument comprising payment information, wherein each of the plurality of participant accounts are enabled to access the contactless payment instrument [¶0059-¶0060]; as also in method claim 17 and
update each of the plurality of participant accounts with the payment information for the contactless payment instrument.[¶0056] as also in method claim 17
16. As per claims 2 and 20, Sagastiverza discloses wherein the remote server is further configured to receive, from one or more payment processors, transaction information for a transaction instance corresponding to a transaction using the contactless payment instrument. [0008], [¶0058-¶0059] as also in method claim 20
17. As per claim 3, Sagastiverza discloses wherein the digital fund database further comprises a digital ledger comprising a record of each transaction instance associated with the digital fund, and wherein the remote server is configured to update the digital ledger upon receiving the transaction information.[¶0063]
18. As per claims 4, 18 and 19, Sagastiverza discloses wherein the funded digital fund comprises a predetermined time limit, wherein upon reaching the predetermined time limit the remote server suspends the contactless payment instrument and refunds, using the one or more payment processors, any currency amount remaining in the funded digital fund split evenly to the plurality of participant accounts. [¶0074-¶0075], as also in part method claims 18 and 19
19. As per claims 5, 18 and 19, Sagastiverza discloses, wherein upon receiving a closing request from any one of the plurality of participants, the remote server suspends the contactless payment instrument and refunds, using the one or more payment processors, any currency amount remaining in the funded digital fund split evenly to the plurality of participant accounts. [¶0055],[¶0077] as also in part method claims 18 and 19
20. As per claim 6, Sagastiverza discloses, wherein the remote server is configured to generate the contactless payment instrument connected with the digital fund upon receiving a request from one of the plurality of mobile devices. [¶0050-¶0052]
21. As per claim 7, Sagastiverza discloses, wherein the one or more digital payment sources includes at least one of: a bank account, a credit card, a debit card, an online payment account, and a digital wallet. [¶0045-¶0046]
22. As per claim 8, Sagastiverza discloses, wherein the remote server is further configured to:
receive, from one of the plurality of mobile devices, user information comprising user credentials, wherein the user information corresponds to the participant account associated with the mobile device;[¶0035-¶0036]
validate the received user credentials in connection with the participant account from the digital fund database; and upon validation of the user credentials, transmit participant account information to the mobile device. [¶0035-¶0036], [¶0040]
23. As per claim 9, Sagastiverza discloses a mobile device associated with a digital payment network, the mobile device comprising a processor and a digital fund application configured to cause the mobile device to:[¶0025]
transmit a request to create and/or fund a digital fund of the digital payment network by a plurality of participant accounts including the participant account associated with the mobile device, the digital fund being connected to each of the plurality of participant accounts and being accessible via a contactless payment instrument;
receive information from the digital payment network comprising confirmation that the digital fund has been funded by the plurality of participant accounts, wherein each of the plurality of participant accounts funds an equal portion of the digital fund, and wherein the received information further comprises a contactless payment instrument connected with the funded digital fund, the contactless payment instrument comprising payment information, wherein each of the plurality of participant accounts are enabled to access the contactless payment instrument; and make a transaction using the contactless payment instrument.[¶0036], [¶0054]
24. As per claim10, Sagastiverza discloses, wherein the digital fund comprises a predetermined time limit, wherein upon reaching the predetermined time limit the contactless payment instrument is suspended, and wherein the processor and the digital fund application are further configured to cause the mobile device to: receive information from the digital payment network comprising a refund, split evenly amount the plurality of participant accounts, of any currency amount remaining in the funded digital fund upon reaching the predetermined time limit. [¶0074-¶0075]
25. As per claim 11, Sagastiverza discloses, wherein the processor and the digital fund application are further configured to cause the mobile device to: transmit a closing request to the digital payment network; and receive information from the digital payment network comprising a refund, split evenly amount the plurality of participant accounts, of any currency amount remaining in the funded digital fund upon receiving the closing request. [¶0055],[¶0077]
26. As per claim 12, Sagastiverza discloses, wherein the processor and the digital fund application are further configured to cause the mobile device to: transmit user information comprising user credentials to the digital payment network, wherein the user information corresponds to the participant account associated with the mobile device; and receive participant account information from the digital payment network once the transmitted user credentials are validated. [¶0035-¶0036], [¶0040]
27. As per claim 13, Sagastiverza discloses, wherein the processor and the digital fund application are further configured to cause the mobile device to: receive, from the digital payment network, one or more of transaction information for one or more transaction instances associated with the digital fund, and a real- time balance amount of the digital fund. [¶0008],[¶0019], [¶0036-basket balance is tracked]
28. As per claim 14, Sagastiverza discloses, wherein the processor and the digital fund application are further configured to cause the mobile device to: display, on a display screen, one or more of information about the digital fund, and payment information or transaction information corresponding to the contactless payment instrument.[¶0091]
29. As per claim 15, Sagastiverza discloses, wherein the digital fund comprises a digital fund restriction, the digital fund restriction comprising one or more of a location-based restriction, a merchant-based restriction, and a time-based restriction. [¶0045], [¶0061]
30. As per claim 16, Sagastiverza discloses, wherein the processor and the digital fund application are further configured to cause the mobile device to: transmit payment information of the contactless payment instruments to a payment terminal (account), wherein transmitting the payment information to the payment terminal initiates a transaction instance.[¶0086]
Conclusion
31. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sivalingam et al (US 2008/0119162)
32. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S FELTEN whose telephone number is (571)272-6742. The examiner can normally be reached Flex.
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DANIEL S. FELTEN
Examiner
Art Unit 3692
/DANIEL S FELTEN/Primary Examiner, Art Unit 3692
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