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 .
Preliminary Amendment
The preliminary amendment filed 12/04/2025 has been entered.
Acknowledgement
It is acknowledged that this application is a CON of 18/378149 dated 10/10/2023 that is ABN, 18/378,149 is a CON of 16/993,254 dated 08/13/2020 that is ABN, 16/993,254 is a CON of 15/704,586 dated 09/14/2017 is PAT 10,755,348, 15/704,586 is a CON of 14/477,866 dated 12/19/2014 that is ABN.
Status of Claims
Claims 1-23 have been cancelled.
Claims 24-43 are new and pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 24-43 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements in claim 24 are: the elements which provide [1] obtaining psychometric information about the user, [2] determining a weighted sum of the plurality of psychological traits of the user, [3] determining one or more personalized financial product parameters based on the predicted credit risk level of the user; and generating a personalized communication for transmission to a user device associated with the user.
Claims 24-43 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the structural relationships between the elements which provide [1] obtaining psychometric information about the user, [2] determining a weighted sum of the plurality of psychological traits of the user, [3] determining one or more personalized financial product parameters based on the predicted credit risk level of the user; and generating a personalized communication for transmission to a user device associated with the user, [4] transmitting the personalized communication to the user device. [e.g., what are the structural relationships between the elements which perform the obtaining, determining, generating and transmitting steps?]
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 24-43 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
In the instant case, claim 24 is directed to a method, claim 34 computer program product.
Claim 24 is directed to the abstract idea of “using psychological traits and behaviors to provide financial coaching to a user” which is grouped under certain methods of organizing human activity being related to managing relationships or transactions between people, found in prong one of step 2A (See 2019 Revised Patent Subject Matter Eligibility Guidance). Claim 24 recites “ obtaining psychometric information about the user, the psychometric information comprising an evaluation of a plurality of psychological traits of the user; determining a weighted sum of the plurality of psychological traits of the user, wherein the weighted sum is used to classify the user into a category having a predicted credit risk level; determining one or more personalized financial product parameters based on the predicted credit risk level of the user; generating a personalized communication for transmission to a user device associated with the user, wherein the personalized communication is tailored based on at least one of the plurality of psychological traits of the user, and wherein the personalized communication comprises at least one of: a payment deadline alert, financial guidance information, feedback regarding financial decisions, and coaching content; and transmitting the personalized communication to the user….”
Accordingly, the claim recites an abstract idea (See 2019 Revised Patent Subject Matter Eligibility Guidance).
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 “user device” is claimed at a high level of generality and represent the use of a computer 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 element does not integrate the abstract idea into a practical application as they do no more than represent computer functions that correspond to (i.e. automate) the acts of using rules or using psychological traits and behaviors to provide financial coaching.
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 using psychological traits and behaviors to provide financial coaching to a user using computer technology (e.g. user device). 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)).
Hence, claim 24 is not patent eligible.
Claims 25-33 also do not provide significantly more than the judicial exception.
Claim 34 is directed to the abstract idea of “obtaining psychometric information about a user” which is grouped under certain methods of organizing human activity being related to managing relationships or transactions between people, found in prong one of step 2A (See 2019 Revised Patent Subject Matter Eligibility Guidance). Claim 34 recites, “ obtaining psychometric information about the user, the psychometric information comprising an evaluation of a plurality of psychological traits of the user; determining a weighted sum of the plurality of psychological traits of the user, wherein the weighted sum is used to classify the user into a category having a predicted credit risk level; determining one or more personalized financial product parameters based on the predicted credit risk level of the user; generating a personalized communication for transmission to a user device associated with the user, wherein the personalized communication is tailored based on at least one of the plurality of psychological traits of the user, and wherein the personalized communication comprises at least one of: a payment deadline alert, financial guidance information, feedback regarding financial decisions, and coaching content; and transmitting the personalized communication to the user….”
Accordingly, the claim recites an abstract idea (See 2019 Revised Patent Subject Matter Eligibility Guidance).
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 “the computer readable medium” is claimed at a high level of generality and represent the use of a computer 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 element does not integrate the abstract idea into a practical application as they do no more than represent computer functions that correspond to (i.e. automate) the acts of using rules or using psychological traits and behaviors to provide financial coaching.
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 obtaining psychometric information about a user using computer technology (e.g. computer readable medium). 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)).
Hence, claim 34 is not patent eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ranganathan et al (US 2021/0390875) discloses system and method for providing behavioral based personalized nudges for creating saving goals.
Zarlengo (US 2018/0336048) discloses an interactive virtual assistant system and method
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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