Detailed Action
Claims 1-20 are pending in this application.
Drawings
The Drawings filed on 6/2/25 are acceptable.
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 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recites
As per claims 1,19,20, providing for display: at least one first section, wherein each first section is associated with an online activity identifier; and
a plurality of second sections, wherein each second section is associated with one of an activity data set;
receiving a data set for a plurality of parties, wherein the data set includes, for each of the plurality of parties, at least one of: a party identifier, an activity identifier associated with a party, a counterparty identifier, an activity source account identifier, a beneficiary account identifier, a party authorized signatory, or distribution parameters;
determining, for each of the plurality of parties, an activity instruction based on the received data set;
storing data from the data set and the activity instruction in a directory;
sending, upon a notification authorization, an alert notification to a counterparty about the activity instruction;
receiving an additional data set for the counterparty, wherein the additional data set includes at least one of: a counterparty identifier, a counterparty authorized signatory, or changes to the distribution parameters;
determining an additional activity instruction based on the received additional data set;
storing data from the additional data set and the additional activity instruction in the directory;
modifying the activity instruction by integrating the additional activity instruction;
receiving, for each activity identifier, an activity authorization associated with the activity identifier;
determining, for each activity identifier, an activity permission associated with the activity identifier; and
initiating a resource distribution protocol based on the modified activity instruction.
2. The method of claim 1, further comprising displaying a plurality of lists, the plurality of lists associated with at least one of: a party identifier, an activity identifier associated with a party, a counterparty identifier, an activity source account identifier, a beneficiary account identifier, a party authorized signatory, a counterparty signatory, distribution parameters, or any combination thereof.
3. The method of claim 1, further comprising populating an activity instruction based on a previously received data set.
4. The method of claim 3, wherein the populated activity instruction is based on at least one of: a party identifier, an activity identifier associated with a party, a counterparty identifier, an activity source account identifier, a beneficiary account identifier, a party authorized signatory, a counterparty signatory or distribution parameters.
5. The method of claim 3, further comprising modifying the populated activity instruction when the party overwrites a data element in the previously received data set.
6. The method of claim 1, further comprising: providing for display at least one file upload page or modal for the plurality of parties; receiving external files, wherein the external files are associated with the data set for the plurality of parties; and storing the external files in the directory.
7. The method of claim 1, further comprising: providing for display at least one file upload page or modal for the counterparty; receiving external files, wherein the external files are associated with the additional data set for the counterparty; and storing the external files in the directory.
8. The method of claim 1, wherein the notification authorization is initially set to not authorized status.
9. The method of claim 8, further comprising updating the notification to authorized status.
11. The method of claim 1, further comprising: providing for display a confirmation page or modal; displaying the received data set associated with activity identifier and source account data; and receiving, via the confirmation page or modal, the party input to modify the data set or to confirm the data set to be proper.
12. The method of claim 1, further comprising: providing for display a confirmation page or modal; displaying the received data set associated with activity identifier, a first value amount and reference instructions data; and receiving, via the confirmation page or modal, the party input to modify the data set or to confirm the data set to be proper.
13. The method of claim 1, further comprising: providing for display a confirmation page or modal; displaying the received data set associated with activity identifier and transfer instructions data; and receiving, via the confirmation page or modal, the party input to modify the data set or to confirm the data set to be proper.
14. The method of claim 13, wherein the transfer instructions data include transfer method options.
15. The method of claim 1, further comprising: providing for display a confirmation page or modal; displaying the received data set associated with activity identifier and party authorized signatory data; and receiving, via the confirmation page or modal, the party input to modify the data set or to confirm the data set to be proper.
16. The method of claim 1, further comprising: providing for display a confirmation page; displaying the summary of received data set associated the activity instruction; and receiving, via the confirmation page, the party input to modify the data set or to submit the data set.
17. The method of claim 1, wherein determining the activity permission based on the activity authorization, the activity instruction, the data set and the additional data set further comprises: setting the activity permission to permitted if there is no missing requisite data.
18. The method of claim 1, further comprising blocking a certain value amount from the resource distribution protocol if an unresolved claim associated with the source account identifier exists prior to the resource distribution protocol.
The claims are directed towards managing escrow agreement/accounts and/or financial accounts, such as adding authorized signers, distributing funds, etc. which is akin to way traditional escrow or financial accounts are managed but merely uses a computing/online environment.
Therefore the claims and the specification is drawn to certain methods of organizing human activity(in particular commercial or legal interactions including agreements in from of contracts, legal obligations, or business relations) and/or mental processes that can be performed mentally and/or with the aid of pen and paper. If the claim under broadest reasonable interpretation covers limitation that is drawn to certain methods of organizing human activity and mental processes but for recitation of a generic computer and/or generic computer components described at a high level of generality or linking the use of the judicial exception to a particular technological environment or field of use, then it falls within the grouping of abstract ideas. Accordingly, the claim recites an abstract idea. (Step 2A, prong 1).
This judicial exception is not integrated into a practical application. In particular, the claims recites additional elements such as
1. A method for enhancing data security and data transmission efficiency for online activities, the method being performed by at least one processor and comprising:
19. A non-transitory computer readable medium storing instructions that, when executed by at least one processor, cause the at least one processor to perform operations for enhancing data security and data transmission efficiency for secure online activities, the operations comprising:
20. A system for enhancing data security and data transmission efficiency for secure online activities, comprising:a memory storing instructions; andat least one processor configured to execute the instructions to:provide for display, on a graphical user interface:
on a graphical user interface
an electronic resource
automatically
10. The method of claim 1, wherein the alert notification is delivered via at least one of a short message service text notification, an application push notification, an email notification, or any combination thereof.
The claim does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the limitations of 1. A method for enhancing data security and data transmission efficiency for online activities, the method being performed by at least one processor and comprising: 19. A non-transitory computer readable medium storing instructions that, when executed by at least one processor, cause the at least one processor to perform operations for enhancing data security and data transmission efficiency for secure online activities, the operations comprising: 20. A system for enhancing data security and data transmission efficiency for secure online activities, comprising:a memory storing instructions; andat least one processor configured to execute the instructions to: provide for display, on a graphical user interface; on a graphical user interface, an electronic resource, automatically are generic computer components described at a high level of generality and limitations amounts to mere instructions to implement the abstract idea on a computer and/or adding the words “apply it”(or an equivalent) with the judicial exception, or merely uses a computer as a tool to perform an abstract idea. MPEP 2106.05(f).
The claim does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims recites 10. The method of claim 1, wherein the alert notification is delivered via at least one of a short message service text notification, an application push notification, an email notification, or any combination thereof, which is generally linking the use of the judicial exception to a particular technological environment or field of use, in this case to a mobile phone environment. Such limitation are not enough to add significantly more to the claimed method and/or is an attempt to limit the use of the abstract idea to a particular technological environment for which to apply the underlying abstract concept, which does not add significantly more. The claims is directed to an abstract idea and merely links the judicial exception to a particular technological environment or field of use, chat/Instant Messaging,(MPEP 2106.05(h))
Therefore the additional limitation/elements does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Even considering all the additional element in combination, they are just providing a computerized system to perform the invention, but doesn’t improve the computing technology as the additional elements do not integrate the invention into a practical application, rather the claims and the additional limitations are drawn to management of escrow or financial accounts. The claims is directed to an abstract idea and merely reciting generic computer components described at a high level of generality and limitations amounts to mere instructions to implement the abstract idea on a computer and/or adding the words “apply it”(or an equivalent) with the judicial exception, or merely uses a computer as a tool to perform an abstract idea MPEP 2106.05(f) and links the judicial exception to a particular technological environment or field of use, mobile phone environment,(MPEP 2106.05(h)). Therefore the claims are not patent eligible. (Step 2A, prong2).
The claim does not include additional elements/limitations 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/limitations is drawn to limitations that use a computer as a tool, and includes well-understood, routine, and conventional activities(ie. receiving or transmitting data over a network MPEP 2106.05(d)(II)) that amount to no more than implementing the abstract idea with a computerized system. The claim is not patent eligible(Step 2B).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 rejected under 35 U.S.C. 103 as being unpatentable over US 7,698,212 issued to Peirson et al.(Peirson) in view of US 2023/0306540 issued to Carcamo et al.(Carcamo).
As per claims 1, 19, 20, Peirson teaches a method for enhancing data security and data transmission efficiency for online activities, the method being performed by at least one processor/a non-transitory computer readable medium storing instructions that, when executed by at least one processor, cause the at least one processor to perform operations for enhancing data security and data transmission efficiency for secure online activities, the operations/a system for enhancing data security and data transmission efficiency for secure online activities(Abstract, Fig.13, col.31, lines 5-15), comprising: a memory storing instructions; and at least one processor configured to execute the instructions to:
providing for display, on a graphical user interface: at least one first section, wherein each first section is associated with an online activity identifier(Fig.6A-12B(2),col.26, lines 31-col.29, lines 67; FIG. 6B--My Transactions. Here the user will see their seventy-five most recent transactions with fifteen transactions listed per page. Transactions can be deleted by clicking the red "X." It is important to note, however, that these transactions are only removed from the "My Transactions" page, they are not removed from the database. To enter a given transaction, the user can click on the green arrow found next to the loan number. A search feature is also available, where the loan number can be entered. If the loan was found, and the user has access to this transaction, the user is sent to the "General Information" screen.); and
a plurality of second sections, wherein each second section is associated with one of an activity data set(Fig.6A-12B(2),col.26, lines 31-col.29, lines 67; FIG. 6B--My Transactions. Here the user will see their seventy-five most recent transactions with fifteen transactions listed per page. Transactions can be deleted by clicking the red "X." It is important to note, however, that these transactions are only removed from the "My Transactions" page, they are not removed from the database. To enter a given transaction, the user can click on the green arrow found next to the loan number. A search feature is also available, where the loan number can be entered. If the loan was found, and the user has access to this transaction, the user is sent to the "General Information" screen.. FIG. 6G--Payees. This screen displays all of those payees assigned to this transaction. From here, the user has the option to add, edit, and delete payees. This list of payees is then used to populate a drop-down list of payees when entering specific line item information. Clicking the "Edit" button will take the user to the "Edit Payee Information" screen for that particular payee.);
receiving a data set for a plurality of parties, wherein the data set includes, for each of the plurality of parties, at least one of: a party identifier, an activity identifier associated with a party, a counterparty identifier, an activity source account identifier, a beneficiary account identifier, a party authorized signatory, or distribution parameters(Figs.6A-12B(2), col.21, lines 30-33, FIG. 6G--Payees. This screen displays all of those payees assigned to this transaction. From here, the user has the option to add, edit, and delete payees. This list of payees is then used to populate a drop-down list of payees when entering specific line item information. Clicking the "Edit" button will take the user to the "Edit Payee Information" screen for that particular payee.);
determining, for each of the plurality of parties, an activity instruction based on the received data set(Fig.9, Fig.12A(1)-12B(2), col.16, lines 61-col.17, lines 10, The System 50 facilitates automation of electronic communication between Mortgage Originator, Settlement Agent and the Mortgage Originator's Warehouse Funding Source in connection with a real property transaction. The System can also incorporate internet-based check funding software on the part of Mortgage Originator, Settlement Agent and Warehouse Funding Source to facilitate the automated certified check funding of loan proceeds in connection with the transaction. The System provides a funding mechanism that is contingent upon the Settlement Agent certification of no differences between the HUD1/1A generated by the System 50 and the actual HUD 1/1A signed by the buyer/borrower and seller. Portions of the internet-based check funding software are required to be installed on the Settlement Agent and Warehouse Funding Source local computers as an additional layer of security to further protect transaction funds. col.30, lines 7-19, FIG. 9--Net Funding Reconciliation. This is essentially the funding request to be sent to the Warehouse Funding Source. This includes a breakdown of each line item that goes into the Net Funding Total. This Net Funding Total is the deducted from the Loan Amount to achieve the final, "Net Funding Amount." Below, the user can enter Fund Remittance information, such as "Remit Funds To" (Settlement Agent, Funding Coordinator, Broker, Other) and "Fund By" (Cashier's Check, Corporate Check, Digital Check, Wire Transfer). Once completed, this document can be Emailed by filling in the recipients' Email address(es) and clicking, "Send."; col.30, lines 42-47; An example of a final HUD-1 Settlement Statement, that can be generated in PDF format, is illustrated in FIG. 12. Saving the HUD-1 in PDF format prevents any last minute changes or editing of fees without first going back into the system and having both parties approve the transaction and generate a new HUD-1.);
storing data from the data set and the activity instruction in a directory(Fig.1A, 2, col.13, lines 15-22; 1) Mortgage Electronic Registration System (MERS) Registration--MERS was created by the real estate finance industry to eliminate the need to prepare and record assignments when trading mortgage loans. This audit determines if the subject loan has been assigned a MERS Identification Number (MIN) and the accuracy thereof by comparing file information to the MERS database controlled by Merscorp, Inc.);
receiving an additional data set for the counterparty, wherein the additional data set includes at least one of: a counterparty identifier, a counterparty authorized signatory, or changes to the distribution parameters(Fig.6A-12B(2), col.21, lines 11-45; Step 532: User manually inputs loan file data required by System. Step 534: User causes System to convert loan file data into XML format for importing Step 536: Loan file data is imported or manually input. System maintains loan file data in usable format using SQL Tables and XMLU Module.Step 538: User advanced to General Information Screen of HUD-1 Module.FIG. 5C illustrates the series of steps that can be performed when a user enters general information into the System. In particular, FIG. 5C comprises the following steps described below:Step 540: User asked to approve use of loan file data selected. If Yes, advance to 542. If No, return to 538.Step 542: User prompted to enter or edit name, address, and other identifying information for borrower and any co-borrowers.Step 544: User asked to review and confirm use of borrower (and co-borrower) identifying information input in 542. If information confirmed for use, advance to 546. If information not confirmed for use, return to 542 for editing.Step 546: User prompted to enter or edit name, address, and other identifying information for seller.Step 548: User asked to review and confirm use of seller identifying information input in 546. If information confirmed for use, advance to 550. If information not confirmed for use, return to 546 for editing.Step 550: User prompted to enter or edit name, address, and other identifying information for payee who will receive proceeds from the subject property transaction upon closing.Step 552: User asked to review and confirm use of payee identifying information input in 550. If information confirmed for use, advance to 554. If information not confirmed for use, return to 550 for editing. Step 554: Beginning of data entry/editing routine for 700, 800, 900, 1000, 1100, 1200, 1300 and 1400 series of line items for the HUD-1 settlement statement for the proposed real property transaction. Step 556: Beginning of data entry/editing routine for 100, 200, 300, 400, 500, and 600 series of line items for the HUD-1 settlement statement for the proposed real property transaction.);
determining an additional activity instruction based on the received additional data set(Fig.6A-12B(2), col.21, lines 11-45; Step 532: User manually inputs loan file data required by System. Step 534: User causes System to convert loan file data into XML format for importing Step 536: Loan file data is imported or manually input. System maintains loan file data in usable format using SQL Tables and XMLU Module.Step 538: User advanced to General Information Screen of HUD-1 Module.FIG. 5C illustrates the series of steps that can be performed when a user enters general information into the System. In particular, FIG. 5C comprises the following steps described below:Step 540: User asked to approve use of loan file data selected. If Yes, advance to 542. If No, return to 538.Step 542: User prompted to enter or edit name, address, and other identifying information for borrower and any co-borrowers.Step 544: User asked to review and confirm use of borrower (and co-borrower) identifying information input in 542. If information confirmed for use, advance to 546. If information not confirmed for use, return to 542 for editing.Step 546: User prompted to enter or edit name, address, and other identifying information for seller.Step 548: User asked to review and confirm use of seller identifying information input in 546. If information confirmed for use, advance to 550. If information not confirmed for use, return to 546 for editing.Step 550: User prompted to enter or edit name, address, and other identifying information for payee who will receive proceeds from the subject property transaction upon closing.Step 552: User asked to review and confirm use of payee identifying information input in 550. If information confirmed for use, advance to 554. If information not confirmed for use, return to 550 for editing. Step 554: Beginning of data entry/editing routine for 700, 800, 900, 1000, 1100, 1200, 1300 and 1400 series of line items for the HUD-1 settlement statement for the proposed real property transaction. Step 556: Beginning of data entry/editing routine for 100, 200, 300, 400, 500, and 600 series of line items for the HUD-1 settlement statement for the proposed real property transaction.);
storing data from the additional data set and the additional activity instruction in the directory(Fig.1A, 2, col.13, lines 15-22; 1) Mortgage Electronic Registration System (MERS) Registration--MERS was created by the real estate finance industry to eliminate the need to prepare and record assignments when trading mortgage loans. This audit determines if the subject loan has been assigned a MERS Identification Number (MIN) and the accuracy thereof by comparing file information to the MERS database controlled by Merscorp, Inc.);
modifying the activity instruction by integrating the additional activity instruction(Fig.6A-12B(2), col.21, lines 11-45; Step 532: User manually inputs loan file data required by System. Step 534: User causes System to convert loan file data into XML format for importing Step 536: Loan file data is imported or manually input. System maintains loan file data in usable format using SQL Tables and XMLU Module.Step 538: User advanced to General Information Screen of HUD-1 Module.FIG. 5C illustrates the series of steps that can be performed when a user enters general information into the System. In particular, FIG. 5C comprises the following steps described below:Step 540: User asked to approve use of loan file data selected. If Yes, advance to 542. If No, return to 538.Step 542: User prompted to enter or edit name, address, and other identifying information for borrower and any co-borrowers.Step 544: User asked to review and confirm use of borrower (and co-borrower) identifying information input in 542. If information confirmed for use, advance to 546. If information not confirmed for use, return to 542 for editing.Step 546: User prompted to enter or edit name, address, and other identifying information for seller.Step 548: User asked to review and confirm use of seller identifying information input in 546. If information confirmed for use, advance to 550. If information not confirmed for use, return to 546 for editing.Step 550: User prompted to enter or edit name, address, and other identifying information for payee who will receive proceeds from the subject property transaction upon closing.Step 552: User asked to review and confirm use of payee identifying information input in 550. If information confirmed for use, advance to 554. If information not confirmed for use, return to 550 for editing. Step 554: Beginning of data entry/editing routine for 700, 800, 900, 1000, 1100, 1200, 1300 and 1400 series of line items for the HUD-1 settlement statement for the proposed real property transaction. Step 556: Beginning of data entry/editing routine for 100, 200, 300, 400, 500, and 600 series of line items for the HUD-1 settlement statement for the proposed real property transaction.);;
receiving, for each activity identifier, an activity authorization associated with the activity identifier(col.3, lines 1-24; More particularly, the System and Method of one embodiment of the present invention can manage the closing of a real property transaction using a networked computer system, wherein the networked computer system includes one or more client computers, a server computer, and a network which interfaces the one or more client computers and the server computer. In the System and Method, the Mortgage Originator can access, through a client computer, one or more computer program products stored on the server computer, wherein the one or more computer program products are used to manage the closing of a real property transaction in accordance with one embodiment of the present invention. Through the one or more computer program products, the Mortgage Originator can enter a first group of data into a settlement statement used in a real property transaction. Then, the Settlement Agent can access the one or more computer program products, through their client computer, and enter a second group of data into the settlement statement. The Mortgage Originator can then view and authorize the second group of data that was entered by the Settlement Agent. A real property transaction will be presented for funding and the settlement statement will be presented for signature by the borrower/buyer and seller only if the Mortgage Originator authorizes the second group of data entered into the settlement statement.);
determining, for each activity identifier, an activity permission associated with the activity identifier(col.3, lines 1-24; col.9, lines 49-col.10, lines 38, he System 50 permits multiple users to input and/or import data into an interne based system via the XMLU 64. The System 50 requires various levels of permissions and control based on the user's involvement, functional position or contribution in the real property transaction.
For example: 1) The Mortgage Originator is permitted to begin the process, but cannot complete it without interaction of the Settlement Agent. 2) The Settlement Agent can interact with the Mortgage Originator, but cannot request loan funds without approval by Mortgage Originator and Warehouse Funding Source. 3) The Mortgage Originator has sole control to limit the Settlement Agent's access to lender-defined portions of the H1M 68. 4) The System automatically prompts the Mortgage Originator in the event of a change to the HUD 1/1A after approval by the Mortgage Originator. 5) The Warehouse Funding Source is prohibited from entering data in the H1M 68, but can be permitted to view the completed settlement statement and/or audit results reports 6) Outside parties such as real estate professionals, etc. are prohibited from entering the System 50, but may receive an electronic copy of the resulting HUD 1/1A settlement statement…….);
initiating an electronic resource distribution protocol based on the modified activity instruction(Fig.9, col. 30, lines 7-19, FIG. 9--Net Funding Reconciliation. This is essentially the funding request to be sent to the Warehouse Funding Source. This includes a breakdown of each line item that goes into the Net Funding Total. This Net Funding Total is the deducted from the Loan Amount to achieve the final, "Net Funding Amount." Below, the user can enter Fund Remittance information, such as "Remit Funds To" (Settlement Agent, Funding Coordinator, Broker, Other) and "Fund By" (Cashier's Check, Corporate Check, Digital Check, Wire Transfer). Once completed, this document can be Emailed by filling in the recipients' Email address(es) and clicking, "Send.", ).
Peirson however does not explicitly teaches sending, upon a notification authorization, an alert notification to a counterparty about the activity instruction.
Carcamo sending, upon a notification authorization, an alert notification to a counterparty about the activity instruction ([0007] In some embodiments, the system relays notifications to various users (buyers, sellers, financial institutions, agents, etc.) based on another user's interactions with the system. For example, once a seller accepts an offer, all buyers with pending offers (other than the accepted offer) may automatically receive notifications that their offer has been rejected. In some embodiments, when a notification alerts the buyer to a counteroffer made by the seller, the notification may include options to improve the offer. This technical solution solves the technical problem of needing to access a separate application (e.g., by opening a separate application and signing in) to update an offer. This increases the speed of the negotiation and makes the overall transaction more efficient and fair to all parties (particularly important in today's fast-paced economy).
Therefore it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify Peirson’s system of managing the closing, funding, and audit of real property transactions to include the teaching of Carcamo to include sending notifications to various users in order to provide the predictable result of managing and notifying the closing, funding, and audit of real property.
One ordinary skill in the art would have been motivated to combine the teachings in order to speed up negotiation and makes overall transaction more efficient and fair to all parties(Carcamo, para.7).
As per claim 2, Peirson in view of Carcamo teaches the method of claim 1, further comprising displaying a plurality of lists, on a graphical user interface, the plurality of lists associated with at least one of: a party identifier, an activity identifier associated with a party, a counterparty identifier, an activity source account identifier, a beneficiary account identifier, a party authorized signatory, a counterparty signatory, distribution parameters, or any combination thereof(Peirson, Fig.6A-12B(2)).
As per claim 3, Peirson in view of Carcamo teaches the method of claim 1, further comprising automatically populating an activity instruction based on a previously received data set(Peirson, col.8, lines 41-50; The Settlement Agent is responsible for confirmation and certification of the identity of every signing party (borrower/buyer and seller, if applicable) in every real property transaction. The H1M 68 has the further ability to receive and retain the identity information, including photographs relating to the identification validation. At the option of the Settlement Agent, or Mortgage Originator, the H1M 68 will permit the Settlement Agent to automatically import a photographic image for use in creating an affidavit produced for signature and notarization in connection with the subject closing).
As per claim 4, Peirson in view of Carcamo teaches the method of claim 3, wherein the automatically populated activity instruction is based on at least one of: a party identifier, an activity identifier associated with a party, a counterparty identifier, an activity source account identifier, a beneficiary account identifier, a party authorized signatory, a counterparty signatory or distribution parameters(Peirson, col.8, lines 41-50; The Settlement Agent is responsible for confirmation and certification of the identity of every signing party (borrower/buyer and seller, if applicable) in every real property transaction. The H1M 68 has the further ability to receive and retain the identity information, including photographs relating to the identification validation. At the option of the Settlement Agent, or Mortgage Originator, the H1M 68 will permit the Settlement Agent to automatically import a photographic image for use in creating an affidavit produced for signature and notarization in connection with the subject closing).
As per claim 5, Peirson in view of Carcamo teaches the method of claim 3, further comprising modifying the automatically populated activity instruction when the party overwrites a data element in the previously received data set(Carcamo, [0126] ….. The buyer may also be able to modify the buyer's offer from the buyer's dashboard by selecting a selectable component. [0127] The buyer's dashboard 470 may be displayed on the buyer device 102 of FIG. 1A to communicate to the buyer information relating to the buyer's pending offer. Smart pricing strategy graph 472 may display in a bar graph the seller's asking price, the current offer price, the offer price less commission and credits, a comparable suggested value, a lower comparable suggested value, and a higher comparable suggested value. Additionally, the smart pricing strategy graph 472 may display the buyer's affordability threshold as determined by the pricing system 134 of the smart negotiation system 106 of FIG. 1A.). Therefore it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify Peirson in view of Carcamo’s of auto population of data and modification of data that when a party overwrites data that the there is modification of the automated populated activity. One ordinary skill in the art would have been motivated to combine the teachings in order to speed up negotiation and makes overall transaction more efficient and fair to all parties(Carcamo, para.7). In further taken broadest reasonable interpretation of the claim, the word "when," is interpreted as conditional/optional claim language. Language that suggests or makes optional but does not require steps to be performed or does not limit the claim to a particular structure or does not limit the scope of a claim or claim limitation. Accordingly, the Examiner need not cite art for the optional limitations. See Ex parte Katz, 2011 WL 514314, at *4-5 (BPAI Jan. 27, 2011) (citing In re Am. Acad. ofSci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004)) (the broadest reasonable interpretation of a conditional step in a method claim includes instances in which the conditional step would not be invoked), 2011 WL 1211248, at *2 (BPAI Mar. 25, 2011) (denying request for rehearing); see also In re Johnston, 435 F.3d 1381, 1384 (Fed. Cir. 2006) (“optional elements do not narrow the claim because they can always be omitted”). If, under the broadest reasonable interpretation of a method claim, one or more conditional method steps would not be invoked, an examiner need not find the conditional method steps in the prior art to establish the claimed method would have been obvious. See id. at *4—5 (explaining that because “ under the broadest scenario, the steps dependent on the ‘if conditional would not be invoked, the Examiner was not required to find these limitations in the prior art in order to render the claims obvious”); cf. Cybersettle, Inc. v. Natl Arbitration Forum, Inc., 243 Fed. Appx. 603, 607 (Fed. Cir. 2007) (unpublished) (“It is of course true that method steps may be contingent. If the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed.”); Applera Corp. v. Illumina, Inc., 375 Fed. Appx. 12, 21 (Fed. Cir. 2010) (unpublished) (affirming a district court’s interpretation of a method claim as including a step that need not be practiced if the condition for practicing the step is not met).
As per claim 6, Peirson in view of Carcamo teaches the method of claim 1, further comprising: providing for display, on a graphical user interface, at least one file upload page or modal for the plurality of parties; receiving external files, wherein the external files are associated with the data set for the plurality of parties; and storing the external files in the directory(Carcamo, [0138] Upon selecting an offer amount with offer terms, the user may continue through additional dashboards and graphical user interfaces to further provide additional terms of the offer, verify and upload documents, review the offer, and submit the offer to the seller. [0142] Test C check whether the buyer is qualified to close the transaction. The buyer's financial credentials, as evidenced by an uploaded proof of funds and direct lender's pre-approval letter, have to be provided to complete the transaction. If the system detects insufficient funds or an incorrect pre-approval loan amount, the offer will be sent back to buyer for correction. Alternatively, the buyer may be prompted to upload additional supporting documents, [0163].). Motivation to combine set forth in claim 1 above.
As per claim 7, Peirson in view of Carcamo teaches the method of claim 1, further comprising: providing for display, on a graphical user interface, at least one file upload page or modal for the counterparty; receiving external files, wherein the external files are associated with the additional data set for the counterparty; and storing the external files in the directory(Carcamo, [0138] Upon selecting an offer amount with offer terms, the user may continue through additional dashboards and graphical user interfaces to further provide additional terms of the offer, verify and upload documents, review the offer, and submit the offer to the seller. [0142] Test C check whether the buyer is qualified to close the transaction. The buyer's financial credentials, as evidenced by an uploaded proof of funds and direct lender's pre-approval letter, have to be provided to complete the transaction. If the system detects insufficient funds or an incorrect pre-approval loan amount, the offer will be sent back to buyer for correction. Alternatively, the buyer may be prompted to upload additional supporting documents, [0163].). Motivation to combine set forth in claim 1 above.
As per claim 8, Peirson in view of Carcamo teaches the method of claim 1, wherein the notification authorization is initially set to not authorized status(Carcamo, [0007] In some embodiments, the system relays notifications to various users (buyers, sellers, financial institutions, agents, etc.) based on another user's interactions with the system. For example, once a seller accepts an offer, all buyers with pending offers (other than the accepted offer) may automatically receive notifications that their offer has been rejected. In some embodiments, when a notification alerts the buyer to a counteroffer made by the seller, the notification may include options to improve the offer. This technical solution solves the technical problem of needing to access a separate application (e.g., by opening a separate application and signing in) to update an offer. This increases the speed of the negotiation and makes the overall transaction more efficient and fair to all parties (particularly important in today's fast-paced economy). Motivation to combine set forth in claim 1.
As per claim 9, Peirson in view of Carcamo teaches the method of claim 8, further comprising updating the notification to authorized status(Carcamo, [0007] In some embodiments, the system relays notifications to various users (buyers, sellers, financial institutions, agents, etc.) based on another user's interactions with the system. For example, once a seller accepts an offer, all buyers with pending offers (other than the accepted offer) may automatically receive notifications that their offer has been rejected. In some embodiments, when a notification alerts the buyer to a counteroffer made by the seller, the notification may include options to improve the offer. This technical solution solves the technical problem of needing to access a separate application (e.g., by opening a separate application and signing in) to update an offer. This increases the speed of the negotiation and makes the overall transaction more efficient and fair to all parties (particularly important in today's fast-paced economy). Motivation to combine set forth in claim 1.
As per claim 10, Peirson in view of Carcamo teaches the method of claim 1, wherein the alert notification is delivered via at least one of a short message service text notification, an application push notification, an email notification, or any combination thereof(Carcamo, 0160] User interface 600 also may include selectable component 604, configured to receive, by the user, the user's email address. Again, the user may input the user's email address through text input, a dropdown menu, or the smart negotiation system may pull the user's email address from a known database storing the user's email address. Selectable component 606 prompts the user to indicate whether the user is a buyer or seller. The selection of selectable component 606 determines subsequent graphical user interfaces presented to the user. For example, upon selecting “I'm a Buyer” from selectable component 606, the smart negotiation system may present the buyer's dashboard and associated information on the buyer's device. Alternatively, upon selecting “I'm an Owner” from selectable component 606, the smart negotiation system may present the seller's dashboard and associated information on the seller's device. Upon receiving an indication of the user's email address, the smart negotiation system may transmit an authentication token to the user's email address with which the user may authenticate the user's email address. In some embodiments, the user may be required to input the authentication token (e.g., an access code) into selectable component 608. Upon inputting the required information in selectable components 602, 604, 606, 608 the user may select selectable component 610 to progress to a subsequent user interface 650.). Motivation to combine set forth in claim 1.
As per claim 11, Peirson in view of Carcamo teaches the method of claim 1, further comprising: providing for display, on a graphical user interface, a confirmation page or modal; displaying the received data set associated with activity identifier and source account data; and receiving, via the confirmation page or modal, the party input to modify the data set or to confirm the data set to be proper(Carcamo, Fig.10-11, [0167] Referring to FIG. 8, various user interfaces are shown, according to an embodiment. User interface 800 illustrates a user interface including multiple selectable components 802, 804, 806, 808, 810 with which to manage the multiple offers received for the property for sale. The seller may select selectable component 802 to accept an offer and automatically generate a notification to the remaining buyers that another offer has been accepted, as shown in user interface 1150 of FIG. 11. User interface 1150 may include a notification message 1152 to notify the buyer that another buyer's offer was accepted. The smart negotiation system may also transmit the notification message 1152 to the buyer's agent. A notification may also be automatically sent to the buyer's device of the buyer whose offer was accepted by the seller, as illustrated in user interface 1100 of FIG. 11. The notification may be sent in real time and transmitted through the network as illustrated in FIG. 1A. User interface 1100 may include a notification message 1102 notifying the buyer that the seller has accepted the buyer's offer, subsequent steps table 1104 to notify the buyer of the next steps (e.g., seller's contractual disclosures, loan contingency removal, inspection contingency removal, title review, and close of escrow), escrow information 1106 to notify the buyer of requirements for an earnest money deposit and escrow information (escrow number, escrow officer, and contact information), and transaction information 1108 (e.g., transaction coordinator with associated contact information). Motivation to combine set forth in claim 1.
As per claim 12, Peirson in view of Carcamo teaches the method of claim 1, further comprising: providing for display, on a graphical user interface, a confirmation page or modal; displaying the received data set associated with activity identifier, a first value amount and reference instructions data; and receiving, via the confirmation page or modal, the party input to modify the data set or to confirm the data set to be proper(Carcamo, Fig.10-11, [0167] Referring to FIG. 8, various user interfaces are shown, according to an embodiment. User interface 800 illustrates a user interface including multiple selectable components 802, 804, 806, 808, 810 with which to manage the multiple offers received for the property for sale. The seller may select selectable component 802 to accept an offer and automatically generate a notification to the remaining buyers that another offer has been accepted, as shown in user interface 1150 of FIG. 11. User interface 1150 may include a notification message 1152 to notify the buyer that another buyer's offer was accepted. The smart negotiation system may also transmit the notification message 1152 to the buyer's agent. A notification may also be automatically sent to the buyer's device of the buyer whose offer was accepted by the seller, as illustrated in user interface 1100 of FIG. 11. The notification may be sent in real time and transmitted through the network as illustrated in FIG. 1A. User interface 1100 may include a notification message 1102 notifying the buyer that the seller has accepted the buyer's offer, subsequent steps table 1104 to notify the buyer of the next steps (e.g., seller's contractual disclosures, loan contingency removal, inspection contingency removal, title review, and close of escrow), escrow information 1106 to notify the buyer of requirements for an earnest money deposit and escrow information (escrow number, escrow officer, and contact information), and transaction information 1108 (e.g., transaction coordinator with associated contact information).). Motivation to combine set forth in claim 1.
As per claim 13, Peirson in view of Carcamo teaches the method of claim 1, further comprising: providing for display, on a graphical user interface, a confirmation page or modal; displaying the received data set associated with activity identifier and transfer instructions data; and receiving, via the confirmation page or modal, the party input to modify the data set or to confirm the data set to be proper(Fig.9-11, [0163] Selectable component 716 allows the buyer to modify the buyer's offer. Upon a user's selection of “Modify Offer” selectable component 716, the smart negotiation system may display user interface 900 of FIG. 9 to present the buyer with various selectable inputs to update/modify the buyer's offer. Selectable inputs 902 available to the user on user interface 900 of FIG. 9 include, but are not limited to, the buyer's name, offered price, selling agent's commission, net price after commission, earnest money deposit, deposit increase, days to deposit increase, mortgage loan amount, loan to value amount, loan contingency removal, appraisal contingency (in days), inspection contingency (in days), days to close of escrow, proof of funds, preapproval status, escrow information, and title insurance information. By selecting any of these inputs, the buyer may update the details of the buyer's offer either by supplying information (e.g., proof of funds), increasing the offer amount, changing a contingency status, etc. In some embodiments, the buyer may upload documents or photos to the smart negotiation system. User interface 900 may also include a selectable component 904 to indicate the buyer's agreement with an agreement policy and a selectable component 906 to submit the modified offer terms. Upon modifying the buyer's offer through user interface 900 and submitting the modified offer terms through selecting selectable component 906, the user may be presented with a signature page, such as illustrated by user interface 950 of FIG. 9. User interface 950 may include current bid information 952 (including property address/ID, current bid price, price per square foot, and estimated monthly payment), selectable component 954 through which the buyer may review and sign the updated offer upon selecting the selectable component 954, and a selectable component 956 to indicate the buyer's agreement with an agreement policy, and selectable component 958 through which the buyer may submit the updated offer upon selecting the selectable component 958. In some embodiments, the estimated monthly payment is based on an estimated cost of principal, interest, taxes, and insurance (“PITT”).). Motivation to combine set forth in claim 1.
As per claim 14, Peirson in view of Carcamo teaches the method of claim 13, wherein the transfer instructions data include transfer method options(Pierson, Fig.9, col.30, lines 8-19, FIG. 9--Net Funding Reconciliation. This is essentially the funding request to be sent to the Warehouse Funding Source. This includes a breakdown of each line item that goes into the Net Funding Total. This Net Funding Total is the deducted from the Loan Amount to achieve the final, "Net Funding Amount." Below, the user can enter Fund Remittance information, such as "Remit Funds To" (Settlement Agent, Funding Coordinator, Broker, Other) and "Fund By" (Cashier's Check, Corporate Check, Digital Check, Wire Transfer). Once completed, this document can be Emailed by filling in the recipients' Email address(es) and clicking, "Send.").
As per claim 15, Peirson in view of Carcamo teaches the method of claim 1, further comprising: providing for display, on a graphical user interface, a confirmation page or modal; displaying the received data set associated with activity identifier and party authorized signatory data; and receiving, via the confirmation page or modal, the party input to modify the data set or to confirm the data set to be proper(Carcamo, Fig.8-11, [0167] Referring to FIG. 8, various user interfaces are shown, according to an embodiment. User interface 800 illustrates a user interface including multiple selectable components 802, 804, 806, 808, 810 with which to manage the multiple offers received for the property for sale. The seller may select selectable component 802 to accept an offer and automatically generate a notification to the remaining buyers that another offer has been accepted, as shown in user interface 1150 of FIG. 11. User interface 1150 may include a notification message 1152 to notify the buyer that another buyer's offer was accepted. The smart negotiation system may also transmit the notification message 1152 to the buyer's agent. A notification may also be automatically sent to the buyer's device of the buyer whose offer was accepted by the seller, as illustrated in user interface 1100 of FIG. 11. The notification may be sent in real time and transmitted through the network as illustrated in FIG. 1A. User interface 1100 may include a notification message 1102 notifying the buyer that the seller has accepted the buyer's offer, subsequent steps table 1104 to notify the buyer of the next steps (e.g., seller's contractual disclosures, loan contingency removal, inspection contingency removal, title review, and close of escrow), escrow information 1106 to notify the buyer of requirements for an earnest money deposit and escrow information (escrow number, escrow officer, and contact information), and transaction information 1108 (e.g., transaction coordinator with associated contact information).). Motivation to combine set forth in claim 1.
As per claim 16, Peirson in view of Carcamo teaches the method of claim 1, further comprising: providing for display, on a graphical user interface, a confirmation page; displaying the summary of received data set associated the activity instruction; and receiving, via the confirmation page, the party input to modify the data set or to submit the data set(Carcamo, Fig.10-11, [0167] Referring to FIG. 8, various user interfaces are shown, according to an embodiment. User interface 800 illustrates a user interface including multiple selectable components 802, 804, 806, 808, 810 with which to manage the multiple offers received for the property for sale. The seller may select selectable component 802 to accept an offer and automatically generate a notification to the remaining buyers that another offer has been accepted, as shown in user interface 1150 of FIG. 11. User interface 1150 may include a notification message 1152 to notify the buyer that another buyer's offer was accepted. The smart negotiation system may also transmit the notification message 1152 to the buyer's agent. A notification may also be automatically sent to the buyer's device of the buyer whose offer was accepted by the seller, as illustrated in user interface 1100 of FIG. 11. The notification may be sent in real time and transmitted through the network as illustrated in FIG. 1A. User interface 1100 may include a notification message 1102 notifying the buyer that the seller has accepted the buyer's offer, subsequent steps table 1104 to notify the buyer of the next steps (e.g., seller's contractual disclosures, loan contingency removal, inspection contingency removal, title review, and close of escrow), escrow information 1106 to notify the buyer of requirements for an earnest money deposit and escrow information (escrow number, escrow officer, and contact information), and transaction information 1108 (e.g., transaction coordinator with associated contact information).). Motivation to combine set forth in claim 1.
As per claim 17, Peirson in view of Carcamo teaches the method of claim 1, wherein determining the activity permission based on the activity authorization, the activity instruction, the data set and the additional data set further comprises: setting the activity permission to permitted if there is no missing requisite data. Taken broadest reasonable interpretation of the claim, the word "if," is interpreted as conditional/optional claim language. Language that suggests or makes optional but does not require steps to be performed or does not limit the claim to a particular structure or does not limit the scope of a claim or claim limitation. Accordingly, the Examiner need not cite art for the optional limitations. See Ex parte Katz, 2011 WL 514314, at *4-5 (BPAI Jan. 27, 2011) (citing In re Am. Acad. ofSci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004)) (the broadest reasonable interpretation of a conditional step in a method claim includes instances in which the conditional step would not be invoked), 2011 WL 1211248, at *2 (BPAI Mar. 25, 2011) (denying request for rehearing); see also In re Johnston, 435 F.3d 1381, 1384 (Fed. Cir. 2006) (“optional elements do not narrow the claim because they can always be omitted”). If, under the broadest reasonable interpretation of a method claim, one or more conditional method steps would not be invoked, an examiner need not find the conditional method steps in the prior art to establish the claimed method would have been obvious. See id. at *4—5 (explaining that because “ under the broadest scenario, the steps dependent on the ‘if conditional would not be invoked, the Examiner was not required to find these limitations in the prior art in order to render the claims obvious”); cf. Cybersettle, Inc. v. Natl Arbitration Forum, Inc., 243 Fed. Appx. 603, 607 (Fed. Cir. 2007) (unpublished) (“It is of course true that method steps may be contingent. If the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed.”); Applera Corp. v. Illumina, Inc., 375 Fed. Appx. 12, 21 (Fed. Cir. 2010) (unpublished) (affirming a district court’s interpretation of a method claim as including a step that need not be practiced if the condition for practicing the step is not met).
As per claim 18, Peirson in view of Carcamo teaches the method of claim 1, further comprising blocking a certain value amount from the electronic resource distribution protocol if an unresolved claim associated with the source account identifier exists prior to the electronic resource distribution protocol. Taken broadest reasonable interpretation of the claim, the word "if," is interpreted as conditional/optional claim language. Language that suggests or makes optional but does not require steps to be performed or does not limit the claim to a particular structure or does not limit the scope of a claim or claim limitation. Accordingly, the Examiner need not cite art for the optional limitations. See Ex parte Katz, 2011 WL 514314, at *4-5 (BPAI Jan. 27, 2011) (citing In re Am. Acad. ofSci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004)) (the broadest reasonable interpretation of a conditional step in a method claim includes instances in which the conditional step would not be invoked), 2011 WL 1211248, at *2 (BPAI Mar. 25, 2011) (denying request for rehearing); see also In re Johnston, 435 F.3d 1381, 1384 (Fed. Cir. 2006) (“optional elements do not narrow the claim because they can always be omitted”). If, under the broadest reasonable interpretation of a method claim, one or more conditional method steps would not be invoked, an examiner need not find the conditional method steps in the prior art to establish the claimed method would have been obvious. See id. at *4—5 (explaining that because “ under the broadest scenario, the steps dependent on the ‘if conditional would not be invoked, the Examiner was not required to find these limitations in the prior art in order to render the claims obvious”); cf. Cybersettle, Inc. v. Natl Arbitration Forum, Inc., 243 Fed. Appx. 603, 607 (Fed. Cir. 2007) (unpublished) (“It is of course true that method steps may be contingent. If the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed.”); Applera Corp. v. Illumina, Inc., 375 Fed. Appx. 12, 21 (Fed. Cir. 2010) (unpublished) (affirming a district court’s interpretation of a method claim as including a step that need not be practiced if the condition for practicing the step is not met).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
US 2006/0111945 issued to Tinsley et al., teaches a method and system is provided for tracking real estate transactions via the Internet and other networked devices. The method includes the steps of receiving and storing in a computerized database initial data inputs from buyers, sellers, and real estate agents and other vendors relating to identifiable pieces of real estate. In the next step, database files are established for these identifiable pieces of a transaction and these files are organized according to each contact. Throughout the transaction, information is continuously being received and stored into the database file from the contacts after a task is completed of the tasks required to be completed.
US 2007/0078762 issued to Triola, teaches manages, and tracks on-line digital transactions via an escrow, including opening, servicing, real-time or near-real time status of the broker, title company, lender, vendor, buyer and seller, and closing of an escrow via a medium such as the internet. Multiple access methods are employed. The present invention provides computerization and internet type process implementation for escrow processes including, but not limited to, digital transaction coordination, digital status coordinators, seamless escrow transactions, on-line digital signatures, video signature authentication, digital certificate authentication, signature authentication, satellite and other wireless transmission of escrow transactions, voice digital instruction, the merging of voice with digital data transactions, set-top/WebTV digital escrow transmission, global digital escrow networking, and the like.
US 2018/0285991 issued to Wickersham teaches interactive web-based processing of real estate transactions. In one embodiment the system includes a seller device, a server system, counselor device, and one or more home listing websites. In one embodiment, the server system provides an online interactive tutorial to the seller device having a corresponding dashboard on the counselor device that provides guidance for a real estate transaction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BACKHEAN TIV whose telephone number is (571)272-5654. The examiner can normally be reached on Mon.-Thurs. 5:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TONIA DOLLINGER can be reached on (571) 272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BACKHEAN TIV/
Primary Examiner
Art Unit 2459
Prosecution Insights