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 Claims
This action is in reply to the application filed on 5/19/2025, which is a CON of application 17/301,210 issued as U.S. Patent 12,333,598, and 3/4/2026 amendments to the claims wherein:
Claims 1-20 have been cancelled;
Claims 21-40 are new; and
Claims 21-40 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/9/2025 was in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21-40 of Application 19/211983 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US Patent No.12,333,598. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘598 Patent recite all the limitations of claims 21-40 of the instant Application 19/211983, as indicated in the comparison table below.
Claims of Application 19/211983
Claims of US 12,333,598
21. A communication system comprising: a host system, a client device, a credit card specialist device, and a plurality of information sources in communication with each other via a communication network,
each information source includes data that is disparate from another information source;
wherein: the host system is configured transmit data to the client device to generate a graphical user interface (GUI), the GUI being configured to facilitate data entry to the host system via the client device;
the host system is configured to generate a credit card module configured to, depending on the data received by the client device, establish a connection between the host system and the plurality of information sources to cause the host system to acquisition data from the plurality of information sources,
wherein the acquisitioned data is stored in memory of the host system;
the host system is configured to generate a code or receive a code via the client device, wherein the code is configured to allow:
the client device to recall information saved by a user of the client device; and the credit card specialist device to receive data stored in memory of the host system;
the credit card module is configured to generate a financial solution product application display,
allowing the user of the client device to apply for a financial solution product by transmitting details of the financial solution product to the credit card specialist device; and
the code allows the client device and the credit card specialist device to recall the financial solution product.
1. A communication system comprising:
a host system, a server, a database, a plurality of information sources, and a communication network forming a centrally accessed platform; and a client device in communication with the host system; a credit card specialist device in communication with the host system;
each information source includes data that is disparate from another information source;
wherein:
the host system is configured transmit data to the client device to generate a graphical user interface (GUI), the GUI being configured to facilitate data entry to the host system by a user via the client device;
the host system configured to retrieve data from the database and to generate a credit card module configured to, depending on the data entered by the user, establish a connection between the host system and the plurality of information sources to cause the host system to acquisition data from the plurality of information sources, the data including one or more of whether and how much credit/debt will be transferred, how much monthly card spending is anticipated, and whether it is anticipated for the balance to be paid in full each month,
wherein the data is stored in memory of the host system;
the host system is configured to generate a code or receive a code via the client device, wherein the code is configured to allow:
the client device to recall information saved by a user of the client device; and
the credit card specialist device to receive data stored in memory of the host system;
the credit card module generates a financial solution for finding the right credit card, the financial solution comprising a plurality of financial solution products dynamically calculated based on data entered and data retrieved,
the financial solution presented to a user via the client device, wherein the presentation provides the user with access to the plurality of financial solution products; the credit card module is configured to allow the user to select at least one financial solution product from the plurality of financial solution products;
the credit card module is configured to generate a financial solution product application display, allowing the user of the client device to apply for any one or combination of the selected financial solution products by transmitting details of the any one or combination of the selected financial solution product to the credit card specialist device; and
the code allows the client device and the credit card specialist device to recall the financial solution and the at least one financial solution product selected by the user.
22. The communication system of claim 21, wherein the credit card module is configured to provide a financial education icon with financial solution product that provides additional information to the user, the additional information including how to use the credit card, the credit associated with the credit card, and/or any rewards associated with the credit card.
2. The communication system of claim 1, wherein the credit card module is programmed to provide a financial education icon with the plurality of financial solution products that provides additional information to the user, the additional information including one or more of how to use the credit card, the credit associated with the credit card, and any rewards associated with the credit card.
23. The communication system of claim 22, wherein the additional information is presented within a pop-up window.
3. The communication system of claim 2, wherein the additional information is presented within a pop-up window.
24. The communication system of claim 21, wherein the credit card module is configured to present an itemized spending categories window.
4. The communication system of claim 1, wherein the credit card module is programmed to present an itemized spending categories window.
25. The communication system of claim 21, wherein the credit card module is configured to generate a find a right credit card calculator display, allowing the user to enter information regarding finding a credit card option.
5. The communication system of claim 1, wherein the credit card module is programmed to generate a find a right credit card calculator display, allowing the user to enter information regarding finding a credit card option.
26. The communication system of claim 25, wherein the information regarding finding a credit card option includes primary use information.
6. The communication system of claim 5, wherein the information regarding finding a credit card option includes primary use information.
27. The communication system of claim 26, wherein the primary use information includes pay down/consolidate debt, everyday spending, earn rewards, make large purchases, establish credit, and/or travel.
7. The communication system of claim 6, wherein the primary use information includes pay down/consolidate debt, everyday spending, earn rewards, make large purchases, establish credit, and travel.
28. The communication system of claim 21, wherein the credit card module is configured to generate a plurality of financial solution products which are presented as a side-by-side comparison.
8. The communication system of claim 1, wherein the plurality of financial solution products is presented as a side-by-side comparison.
29. The communication system of claim 28, wherein the side-by-side comparison is in tabular format.
9. The communication system of claim 8, wherein the side-by-side comparison is in tabular format.
30. The communication system of claim 28, wherein the side-by-side comparison is in graphical format.
10. The communication system of claim 8, wherein the side-by-side comparison is in graphical format.
31. The communication system of claim 30, wherein the graphical format includes an interactive line graph.
11. The communication system of claim 10, wherein the graphical format includes an interactive line graph.
32. A method for providing a financial solution product,
the method comprising: forming a communication network between a host system, a client device, a credit card specialist device, and a plurality of information sources,
wherein each information source includes data that is disparate from another information source;
transmitting data from the host system to the client device to generate a graphical user interface (GUI), the GUI being configured to facilitate data entry to the host system via the client device;
retrieving data by the host system from the client device and, depending on the data received, establishing a connection between the host system and the plurality of information sources to cause the host system to acquisition data from the plurality of information sources;
generating or receiving, via the host system, a code via the client device, wherein the code is configured to allow:
the client device to recall information saved by a user of the client device; and
the credit card specialist device to receive data stored in memory of the host system;
generating a financial solution product application display, allowing the user of the client device to apply for a financial solution product by transmitting details of the financial solution product to the credit card specialist device;
wherein the code allows the client device and the credit card specialist device to recall the financial solution product.
12. A method for providing a centrally accessed platform for providing financial solution products,
the method comprising: forming a centrally accessed platform comprising a host system, a server, a database, a plurality of information sources, and a communication network,
wherein each information source includes data that is disparate from another information source;
placing a client device in communication with the host system; placing a credit card specialist device in communication with the host system;
transmitting data from the host system to the client device to generate a graphical user interface (GUI), the GUI being configured to facilitate data entry to the host system by a user via the client device;
retrieving data by the host system from the database and, depending on the data entered by the user, establishes a connection between the host system and the plurality of information sources to cause the host system to acquisition data from the plurality of information sources,
the data including one or more of whether and how much credit/debt will be transferred, how much monthly card spending is anticipated, and whether it is anticipated for the balance to be paid in full each month;
storing the data in memory of the host system
generating or receiving, via the host system, a code via the client device, wherein the code is configured to allow:
the client device to recall information saved by a user of the client device; and
the credit card specialist device to receive data stored in memory of the host system;
generating, via the credit card module, a financial solution for finding the right credit card, the financial solution comprising a plurality of financial solution products dynamically calculated based on data entered and data retrieved, the financial solution presented to the user via the client device, wherein the presentation provides the user with access to the plurality of financial solution products;
allowing the user to select at least one financial solution product from the plurality of financial solution products; and
generating a financial solution product application display, allowing the user of the client device to apply for any one or combination of the selected financial solution products by transmitting details of the any one or combination of the selected financial solution product to the credit card specialist device;
wherein the code allows the client device and the credit card specialist device to recall the financial solution and the at least one financial solution product selected by the user.
33. The method of claim 32, further comprising: providing additional information to the user, the additional information including how to use the credit card, the credit associated with the credit card, and/or any rewards associated with the credit card.
13. The method of claim 12, further comprising:
providing additional information to the user, the additional information including one or more of how to use the credit card, the credit associated with the credit card, and any rewards associated with the credit card.
34. The method of claim 33, wherein the additional information is presented within a pop-up window.
14. The method of claim 13, wherein the additional information is presented within a pop-up window.
35. The method of claim 32, further comprising: presenting an itemized spending categories window.
15. The method of claim 12, further comprising:
presenting an itemized spending categories window.
36. The method of claim 32, further comprising: generating a find a right credit card calculator display, allowing the user to enter information regarding finding a credit card option.
16. The method of claim 12, further comprising:
generating a find a right credit card calculator display, allowing the user to enter information regarding finding a credit card option.
37. The method of claim 36, wherein the information regarding finding a credit card option includes primary use information. Application No. 19/211,983
17. The method of claim 16, wherein the information regarding finding a credit card option includes primary use information.
38. The method of claim 37, wherein the primary use information includes pay down/consolidate debt, everyday spending, earn rewards, make large purchases, establish credit, and/or travel.
18. The method of claim 17, wherein the primary use information includes pay down/consolidate debt, everyday spending, earn rewards, make large purchases, establish credit, and travel.
39. The method of claim 32, further comprising: presenting a plurality of financial solution products as a side-by-side comparison.
19. The method of claim 12, further comprising:
presenting the plurality of financial solution products as a side-by-side comparison.
40. The method of claim 39, wherein the side-by-side comparison is one or more of in tabular format and in graphical format.
20. The method of claim 19, wherein the side-by-side comparison is one or more of in tabular format and in graphical format.
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 21-40 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite a system and method for identifying and selecting a financial product which is considered a judicial exception because it falls under Certain Methods of Organizing Human Activity such as commercial or legal interactions. This judicial exception is not integrated into a practical application as discussed below and the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
This rejection follows the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed Reg 4, January 7, 2019, pp. 50-57 (“2019 PEG”).
Analysis
Step 1 (Statutory Categories) – 2019 PEG pg. 53
Claims 21-40 are directed to the statutory category of a process.
Step 2A, Prong 1 (Do the claims recite an abstract idea?) – 2019 PEG pg. 54
For independent claims 21 and 32, the claims recite an abstract idea of: identification and selection of a financial product. The steps of independent claim 1 recite the abstract idea (in bold below) of: A communication system comprising: a host system, a client device, a credit card specialist device, and a plurality of information sources in communication with each other via a communication network; each information source includes data that is disparate from another information source; wherein: the host system is configured transmit data to the client device to generate a graphical user interface (GUI), the GUI being configured to facilitate data entry to the host system via the client device; the host system is configured to generate a credit card module configured to, depending on the data received by the client device, establish a connection between the host system and the plurality of information sources to cause the host system to acquisition data from the plurality of information sources, wherein the acquisitioned data is stored in memory of the host system; the host system is configured to generate a code or receive a code via the client device, wherein the code is configured to allow the client device to recall information saved by a user of the client device; and the credit card specialist device to receive data stored in memory of the host system; the credit card module is configured to generate a financial solution product application display, allowing the user of the client device to apply for a financial solution product by transmitting details of the financial solution product to the credit card specialist device; and the code allows the client device and the credit card specialist device to recall the financial solution product. Independent claim 32 recites similar steps that recite the abstract idea. Independent claims 21 and 32, as drafted, are a process that, under the broadest reasonable interpretation, covers Certain Methods of Organizing Human Activity, since they recite commercial or legal interactions. If the claim limitations, under the broadest reasonable interpretation, covers methods of organizing human activity but for the recitation of additional elements including generic computer components, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Other than reciting the abstract idea, the independent claims recite additional elements including generic computer components such as “a communication system comprising a host system, a client device, a credit card specialist device, information sources, a communication network, a GUI, a credit card module, memory, and a financial solution product application display”, and nothing in the claims precludes the steps from being performed as a method of organizing human activity. Accordingly, the independent claims recite an abstract idea.
Dependent claims 22-31, and 33-40 recite similar limitations as claims 21 and 32; and when analyzed as a whole are held to be patent ineligible under 35 U.S.C 101 because the additional recited limitations only refine the abstract idea further. Other than reciting the abstract idea, the dependent claims recite similar additional elements including generic computer components as the independent claims, such as “the communication system, a display, and the credit card module”. If a claim limitation, under its broadest reasonable interpretation, covers commercial or legal interactions, but for the recitation of generic computer components, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas.
Step 2A, Prong 2 (Does the claim recite additional elements that integrate the judicial exception into a practical application?) – 2019 PEG pg. 54
This judicial exception is not integrated into a practical application. In particular, independent claims 21 and 32 only recite the additional elements of “a communication system comprising a host system, a client device, a credit card specialist device, information sources, a communication network, a GUI, a credit card module, memory, and a financial solution product application display”. A plain reading of the Figures and associated descriptions in the specification reveals that generic processors may be used to execute the claimed steps. The additional elements are recited at a high level of generality (i.e., as a generic processor performing generic computer functions) such that it amounts to no more than mere instructions to apply the exception using generic computer components (See MPEP 2106.05(f)) and limits the judicial exception to a particular environment (See MPEP 2106.05(h)). Mere instructions to apply an exception using a generic computer component and limiting the judicial exception to a particular environment doesn’t integrate the abstract idea into a practical application in Step 2A. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Hence, independent claims 1 and 12 are directed to an abstract idea.
Dependent claims 22-31, and 33-40, recite similar additional elements as the independent claims including generic computer components, such as “the communication system, a display, and the credit card module”. The judicial exception is not integrated into a practical application because the additional elements in the dependent claims are also recited at a high-level of generality such that it amounts to more no more than mere instructions to apply the exception using generic computer components. Therefore, the additional elements do not integrate the abstract idea into a practical application because they also do not impose any meaningful limits on practicing the abstract idea. Also, the claims do not affect an improvement to another technology or technical field; the claims do not amount to an improvement of the functioning of a computer system itself; the claims do not effect a transformation or reduction of a particular article to a different state or thing; and the claims do not move beyond a general link of the use of an abstract idea to a particular technological environment.
Step 2B (Does the claim recite additional elements that amount to significantly more than the judicial exception?) – 2019 PEG pg. 56
Independent claims 21 and 32 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 recited additional elements amount to no more than mere instructions to apply the exception using a generic computer component (See MPEP 2106.05(f)) and limits the judicial exception to the particular environment of computers (See MPEP 2106.05(h)). The additional elements of the instant underlying process, when taken in combination, together do not offer substantially more than the sum of the function of the elements when each is taken alone. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept in Step 2B.
In addition, the dependent claims 22-31, and 33-40 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 the dependent claims to perform the claimed limitations, amounts to no more than mere instructions to apply the exception using a generic computer component (See MPEP 2106.05(f)). Similar to the independent claims, mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Also, for the same reasoning as the independent claims, the additional elements of the limitations of the dependent claims, when considered individually and as an ordered combination, together do not offer significantly more than the sum of the functions of the elements when each is taken alone and the dependent claims as a whole, do not amount to significantly more than the abstract idea itself. For these reasons, the dependent claims also are not patent eligible.
Subject Matter Overcoming 35 USC §102/§103
Claims 21-40 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 101 set forth in this Office Action. The following is an examiner’s statement of reasons for subject matter of independent clams 21 and 32 overcoming the prior art rejections under 35 USC §102/§103.
The closest prior art of record is US 2011/0178908 to Benefield (hereinafter referred to as Benefield), US 2015/0363862 to Ranft (hereinafter referred to as Ranft), US 9846786 to Martignoni (hereinafter referred to as Martignoni), and US 11315179 to Rehder (hereinafter referred to as Rehder). Allowable subject matter is indicated because none of the prior art of record, alone or in combination, appears to teach or fairly suggest or render obvious the combination set forth in independent claims 21 and 32. For independent claim 21, the prior art of Benefield, Ranft, Martignoni, and Rehder, specifically do not disclose: “the credit card module is configured to generate a financial solution product application display, allowing the user of the client device to apply for a financial solution product by transmitting details of the financial solution product to the credit card specialist device; and the code allows the client device and the credit card specialist device to recall the financial solution product”. Similar reasoning and rationale apply to the other independent claim 32. Dependent claims 22-31, and 33-40 are allowable over the prior art by virtue of their dependency on an allowed claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul Schwarzenberg whose telephone number is (313) 446-6611. The examiner can normally be reached on Monday-Thursday (7:30-6:30).
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/PAUL S SCHWARZENBERG/Primary Examiner, Art Unit 3695 7/09/2026
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