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 . This office action is in response to applicant's communication of May 19, 2025. The rejections are stated below. Claims 1-20 are pending and have been examined.
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.
Claim 1 is directed to the abstract idea of “verifying a person’s identity using a biometric characteristic and authorizing a financial transfer based on that verification” which is grouped under “organizing human activity… fundamental economic practice” in prong one of step 2A (See 2019 Revised Patent Subject Matter Eligibility Guidance).
Claim 1 recites “a method carried out by a …, the method comprising:
maintaining a staging order book for a given option contract that is being made available for fractional trading, wherein the staging order book indicates pending fractional orders for the given option contract;
receiving, from an …, a request to submit a new fractional order for the given option contract;
determining whether adding the new fractional order to the staging order book for the given option contract will cause a cumulative unit amount of pending fractional orders in the staging order book to reach or exceed one full unit of the given option contract; and
based on the determining, either:
if adding the new fractional order to the … for the given option
contract will not cause the cumulative unit amount of pending fractional orders in the
staging order book to reach or exceed one full unit of the given option contract, updating
the staging order book to book the new fractional order as a new pending fractional order;
or
if adding the new fractional order to the … for the given option
contract will cause the cumulative unit amount of pending fractional orders in the … to reach or exceed one full unit of the given option contract, (i) generating a new full order for the given option contract based on an underlying set of fractional orders and (ii) causing the new full order for the given option contract to be routed to at least one market system for execution”.
These limitations describe an abstract idea of verifying a person’s identity using a biometric characteristic and authorizing a financial transfer based on that verification and corresponds to Certain Methods of Organizing Human Activity (fundamental economic practice).
Claim 1 does not recite any additional elements. Therefore, claim 1 is directed to an abstract idea without a practical application (Step 2A - Prong 2: NO).
Further, as recited above the claims do not recite any additional elements so therefore there is no improved computer functionality or improvement to another technology or technical field. Thus, claim 1 is not patent eligible (Step 2B: NO).
Claim 2 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the … associated with the first party” which further describes the abstract idea. The claims recites “first device comprises a mobile phone” as an additional element. The additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. And, as the additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve the functioning of a computer or improve any other technology or technical field (MPEP 2106.05(a).
Claim 3 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the … to capture the biometric characteristic”. The claims recites “first device comprises a payment application configured” as an additional element. The additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. And, as the additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve the functioning of a computer or improve any other technology or technical field (MPEP 2106.05(a).
Claim 4 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein capturing the biometric characteristic comprises … of a face of the second party”. The claims recites “taking a picture” as an additional element. The additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. And, as the additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve the functioning of a computer or improve any other technology or technical field (MPEP 2106.05(a).
Claim 5 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein sending the biometric characteristic or the representation thereof to the third party comprises converting the captured biometric characteristic into a biometric template prior to sending, and sending the biometric template in place of the captured biometric characteristic” which further describe the abstract idea.
Claim 6 recites “the method of transferring a financial amount between a first party and a second party according to claim 5, wherein the captured biometric characteristic is converted into the biometric template by the …”. The claims recites “first device” as an additional element. The additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. And, as the additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve the functioning of a computer or improve any other technology or technical field (MPEP 2106.05(a).
Claim 7 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the third party comparing the biometric characteristic with the stored copy of the biometric characteristic associated with the second party comprises searching a … comprising biometric characteristics of many different parties, and matching the biometric characteristic received from the first party with a closest one of the biometric characteristics in the …” which further describes the abstract idea. The claims recites “biometric database” as an additional element. The additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. And, as the additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve the functioning of a computer or improve any other technology or technical field (MPEP 2106.05(a).
Claim 8 recites “the method of transferring a financial amount between a first party and a second party according to claim 7, wherein the biometric characteristics of the many different parties are biometric templates of each of the many different parties' faces” which further describe the abstract idea.
Claim 9 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the transfer of the financial amount from the first party to the second party comprises an account-to-account transfer” which further describe the abstract idea.
Claim 10 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the first party does not provide account information to the second party associated with a financial account from which the financial amount is to be transferred from” which further describe the abstract idea.
Claim 11 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the second party does not provide account information to the first party associated with a financial account to which the financial amount is to be transferred to” which further describe the abstract idea.
Claim 12 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the first party authorizing the transfer of the financial amount from the first party to the second party comprises the first party sending an authorization message to the third party, the third party initiating the transfer from a financial account of the first party to a financial account of the second party” which further describe the abstract idea.
Claim 13 recites “the method of transferring a financial amount between a first party and a second party according to claim 12, wherein the financial account of the first party is sent by the first party to the third party, and the financial account of the second party is sent by the second party to the third party” which further describe the abstract idea.
Claim 14 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the financial amount is limited by the third party to $50 or less” which further describe the abstract idea.
Claim 15 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the first party receiving the authentication message comprises the second party receiving a notification message from the third party with a … associated with the stored copy of the biometric characteristic, the second party sending the authentication message to the first party in response to the notification message” which further describe the abstract idea. The claim includes “second device” as an additional element. The additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. And, as the additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve the functioning of a computer or improve any other technology or technical field (MPEP 2106.05(a).
Claim 16 recites “the method of transferring a financial amount between a first party and a second party according to claim 15, wherein the … associated with the second party, contact information for the mobile phone of the second party being stored with the stored copy of the biometric characteristic” which further describe the abstract idea. The claim includes “second device comprises a mobile phone” as an additional element. The additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. And, as the additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve the functioning of a computer or improve any other technology or technical field (MPEP 2106.05(a).
Claim 17 recites “the method of transferring a financial amount between a first party and a second party according to claim 15, wherein the second party sends the authentication message to the first party in person” which further describe the abstract idea.
Claim 18 recites “the method of transferring a financial amount between a first party and a second party according to claim 15, wherein the authentication message sent by the second party to the first party contains a code included in the notification message sent from the third party to the second party, the third party also sending another notification message to the first party with a matching code, and the first party comparing the code received from the second party with the matching code received from the third party to verify a match” which further describe the abstract idea.
Claim 19 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the third party maintains a … comprising biometric characteristics of many different parties, the stored copy of the biometric characteristic being stored in the …, and the third party sends a notification to the first party if the second party has been previously identified as engaging in fraudulent activity” which further describe the abstract idea. The claim includes “biometric database” as an additional element. The additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. And, as the additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, it does not improve the functioning of a computer or improve any other technology or technical field (MPEP 2106.05(a).
Claim 20 recites “the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the first device comprises a software payment app configured to capture the biometric characteristic, send the biometric characteristic or the representation thereof to the third party and send an authorization message to the third party to authorize the transfer of the financial amount from the first party to the second party” which further describe the abstract idea.
Claim Rejections – 35 USC 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
form 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 1-13, 16-17, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Agarwal et al. [WO 2015183394 A1].
Regarding claim 1, Agarwal discloses a method of transferring a financial amount between a first party and a second party, comprising:
the first party capturing a biometric characteristic of the second party with a first device (0030);
the first device sending the biometric characteristic or a representation thereof to a third party (0031);
the third party comparing the biometric characteristic with a stored copy of the biometric characteristic associated with the second party (0041);
the first party receiving an authentication message indicating that the biometric characteristic matches the stored copy of the biometric characteristic (0012-0013, and 0041); and
the first party authorizing a transfer of the financial amount from the first party to the second party in response to receiving the authentication message (0042).
Regarding claim 2, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the first device comprises a mobile phone associated with the first party (0019, 0051).
Regarding claim 3, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the first device comprises a payment application configured to capture the biometric characteristic (0035-0036).
Regarding claim 4, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 1, wherein capturing the biometric characteristic comprises taking a picture of a face of the second party (0011).
Regarding claim 5, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 1, wherein sending the biometric characteristic or the representation thereof to the third party comprises converting the captured biometric characteristic into a biometric template (reads on the necessary step of creating an image file of the “images or pictures”) prior to sending, and sending the biometric template in place of the captured biometric characteristic (0031).
Regarding claim 6, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 5, wherein the captured biometric characteristic is converted into the biometric template by the first device (0031).
Regarding claim 7, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the third party comparing the biometric characteristic with the stored copy of the biometric characteristic associated with the second party comprises searching a biometric database comprising biometric characteristics of many different parties, and matching the biometric characteristic received from the first party with a closest one of the biometric characteristics in the biometric database (0012).
Regarding claim 8, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 7, wherein the biometric characteristics of the many different parties are biometric templates of each of the many different parties' faces (Abstract).
Regarding claim 9, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the transfer of the financial amount from the first party to the second party comprises an account-to-account transfer (0042).
Regarding claim 10, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the transfer of the financial amount from the first party to the second party comprises an account-to-account transfer (0031).
Regarding claim 11, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the second party does not provide account information to the first party associated with a financial account to which the financial amount is to be transferred to (0031).
Regarding claim 12, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the first party authorizing the transfer of the financial amount from the first party to the second party comprises the first party sending an authorization message to the third party, the third party initiating the transfer from a financial account of the first party to a financial account of the second party (0022).
Regarding claim 13, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 12, wherein the financial account of the first party is sent by the first party to the third party, and the financial account of the second party is sent by the second party to the third party (0026).
Regarding claim 16, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 15, wherein the second device comprises a mobile phone associated with the second party, contact information for the mobile phone of the second party being stored with the stored copy of the biometric characteristic (0003, 0010-0011, 0014-0015, 0022, 0048).
Regarding claim 17, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 15, wherein the second party sends the authentication message to the first party in person (0038).
Regarding claim 20, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the first device comprises a software payment app configured to capture the biometric characteristic, send the biometric characteristic or the representation thereof to the third party and send an authorization message to the third party to authorize the transfer of the financial amount from the first party to the second party (0022, 0035).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claim 14 is rejected under 35 U.S.C. 103(a) as being unpatentable over Agarwal et al. [WO 2015183394 A1] in view of Royer et al. [US Pub No. 2004/0155101 A1].
Regarding claim 14 Agarwai does not disclose however Gardiner teaches wherein the financial amount is limited by the third party to $50 or less (0106). Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine the teaching of Agarwai and Royer. The rationale to combine the teachings would be to enhance the functionality of a biometric payment system.
Claim 15 is rejected under 35 U.S.C. 103(a) as being unpatentable over Agarwal et al. [WO 2015183394 A1] in view of Reiss [US Pub No. 2010/0211503 A1].
Regarding claim 15, Agarwal discloses the method of transferring a financial amount between a first party and a second party according to claim 1, wherein the first party receiving the authentication message comprises the second party receiving a notification message from the third party with a second device associated with the stored copy of the biometric characteristic (0017). Agarwai does not disclose however Reiss teaches the second party sending the authentication message to the first party in response to the notification message (0008-0009, 0011, 0027). Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine the teaching of Agarwai to include the teachings of Reiss because implementing biometric authentication ensures secure transactions between users.
Claim 18 is rejected under 35 U.S.C. 103(a) as being unpatentable over Agarwal et al. [WO 2015183394 A1] in view of Naccache et al. [US Pub 2023/0009385 A1].
Regarding claim 18, Agarwai does not disclose however Naccache teaches wherein the authentication message sent by the second party to the first party contains a code (0010). Agarwai teaches a code included in the notification message sent from the third party to the second party (0017, 0024). Agarwai does not disclose however Naccache teaches the third party also sending another notification message to the first party with a matching code (0010, 0016, 0022). Agarwai does not disclose however Naccache teaches the first party comparing the code received from the second party with the matching code received from the third party to verify a match (0014, claim 1). Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine the teaching of Agarwai with Naccache because both references address electronic payment authentication and verification and a person of ordinary skill would naturally look to teachings in the same field to improve a payment system or to make the payment system more secure.
Claim 19 is rejected under 35 U.S.C. 103(a) as being unpatentable over Agarwal et al. [WO 2015183394 A1] in view of Sancho [US Pub No. 2004/0254890 A1].
Regarding claim 19, Agarwai does not disclose however Sancho teaches wherein the third party maintains a biometric database comprising biometric characteristics of many different parties, the stored copy of the biometric characteristic being stored in the biometric database, and the third party sends a notification to the first party if the second party has been previously identified as engaging in fraudulent activity (Abstract, 0020). Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to incorporate the fraud flagging and notification system of Sancho into the biometric payment system of Agarwai, because fraud screening and notification are desired features of biometric payment system.
Conclusion
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/K.T.P/Examiner, Art Unit 3692 /KEVIN T POE/
/RYAN D DONLON/Supervisory Patent Examiner, Art Unit 3692 July 31, 2026
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