DETAILED ACTION
Acknowledgements
Claims 1-20 are pending.
Claims 1-20 have been examined.
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 .
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.
Analysis
In the instant case, claims 1-7 are directed to a method, claims 8-14 are directed to a CRM, and claims 15-20 are directed to a system. Therefore, these claims fall within the four statutory categories of invention.
The claim(s) recite(s) processing financial transaction. Specifically, the claims recite “converting, by a [cryptocurrency account server] associated with a [cryptocurrency transfer service system], an amount of an asset in an account of the cryptocurrency transfer service system for a first user within a plurality of users to a virtual cryptocurrency asset having a value backed by an equivalent amount of the asset; updating, by the cryptocurrency account server, a sub-account of the account to reflect the amount of the virtual cryptocurrency asset in the account; receiving, by the [cryptocurrency account server], a request for transfer of a second amount of the virtual cryptocurrency asset from the first user to a second user not included within the plurality of users, the [cryptocurrency transfer service system] having a reserve comprising assets or virtual cryptocurrency assets associated with the plurality of users; executing, by the [cryptocurrency account server], a transfer of the second amount of the virtual cryptocurrency asset from the reserve to a second account associated with the second user; and debiting, by the [cryptocurrency account server], of the second amount of the virtual cryptocurrency asset from the account.”, which is “commercial or legal interactions” within the “certain methods of organizing human activity” grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See MPEP 2106) because the claims involve a series of steps for processing financial transaction. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See MPEP 2106), the additional element(s) of the claim(s) such as the use of cryptocurrency account server, cryptocurrency transfer service system, non-transitory computer-readable medium and processor merely use(s) a computer as a tool to perform an abstract idea. The processors and memories are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of financial transaction) such that it amounts no more than mere instructions to apply the exception using a generic computer components. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using cryptocurrency account server, cryptocurrency transfer service system, non-transitory computer-readable medium and processor to perform financial transaction steps amounts to no more than mere instructions to apply the exception using a generic computer components. Mere instructions to apply an exception using a generic computer components cannot provide an inventive concept. The claim is not patent eligible.
Dependent claims 2-3, 9-10 and 16-17 describe reserve rebalancing. Dependent claims 4, 11 and 18 describe sub-account. Dependent claims 5, 12 and 19 describe asset. Dependent claims 6, 13 and 20 describe reserve. Dependent claims 7 and 14 describe transfer. These claims further recite the abstract idea of certain methods of organizing human activity. This judicial exception is not integrated into a practical application because the additional element(s) of the claim(s) such as the use of cryptocurrency account server, cryptocurrency transfer service system, non-transitory computer-readable medium and processor to perform financial transaction merely use(s) a computer as a tool to perform an abstract idea. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claims are not patent eligible.
Viewed as a whole, the combination of elements recited in the claims simply recite the concept of processing financial transaction. The claims do not, for example, purport to improve the functioning of the computer itself. Nor do they effect an improvement in any other technology or technical field.
The use of a cryptocurrency account server, cryptocurrency transfer service system, non-transitory computer-readable medium and processor to perform financial transaction as tools to implement the abstract idea does not render the claim patent eligible because it does not provide meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment and requires no more than a computer performing functions that correspond to acts required to carry out 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 basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless -
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4-6, 8-9, 11-13, 15-16 and 18-20 are rejected under 35 U.S.C. 102 as being anticipated by US Application Publication US20150262140A1 (“Armstrong”).
Regarding claims 1, 8 and 15, Armstrong discloses:
a cryptocurrency account server associated with a cryptocurrency transfer service system, the cryptocurrency account server (claim 1,¶0022) configured to:
converting, by a cryptocurrency account server associated with a cryptocurrency transfer service system, an amount of an asset in an account of the cryptocurrency transfer service system for a first user within a plurality of users to a virtual cryptocurrency asset having a value backed by an equivalent amount of the asset; (Fig. 73d step 5a; ¶0215)
updating, by the cryptocurrency account server, a sub-account of the account to reflect the amount of the virtual cryptocurrency asset in the account; (Fig. 73d step 9a; ¶¶0219)
receiving, by the cryptocurrency account server, a request for transfer of a second amount of the virtual cryptocurrency asset from the first user to a second user not included within the plurality of users, the cryptocurrency transfer service system having a reserve comprising assets or virtual cryptocurrency assets associated with the plurality of users; (claim 3; Fig. 45, Transfer 7; Fig. 72; ¶0105, ¶0205)
executing, by the cryptocurrency account server, a transfer of the second amount of the virtual cryptocurrency asset from the reserve to a second account associated with the second user; and (¶0224)
debiting, by the cryptocurrency account server, of the second amount of the virtual cryptocurrency asset from the account. (Fig. 73f step 13a; ¶¶0223-224)
Regarding claims 2, 9 and 16, Armstrong discloses all limitations as described above. Armstrong further discloses:
executing, by the cryptocurrency account server, a reserve rebalancing process to cause assets held within the reserve to reflect the request. (Fig. 73f step 13b update; ¶¶0223-224)
Regarding claims 4, 11 and 18, Armstrong discloses all limitations as described above. Armstrong further discloses:
wherein the sub-account has a private key controlled by the cryptocurrency transfer service system. (¶¶0022-23)
Regarding claims 5, 12 and 19, Armstrong discloses all limitations as described above. Armstrong further discloses:
wherein the asset corresponds to at least one of a fiat currency, securities and commodities, or assets corresponding to precious metals held in an external account. (Fig. 42; ¶0101)
Regarding claims 6, 13 and 20, Armstrong discloses all limitations as described above. Armstrong further discloses:
wherein the reserve comprises at least one of a fiat currency, securities and commodities, or assets corresponding to precious metals held in an external account. (abs)
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 3, 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US Application Publication US20150262140A1 (“Armstrong”) in view of US Application Publication US20150073961A1 (“Cristoforo”).
Regarding claims 3, 10 and 17, Armstrong discloses all limitations as described above. Armstrong does not explicitly disclose:
wherein the rebalancing is executed after a defined time period.
However, Cristoforo discloses:
wherein the rebalancing is executed after a defined time period. (¶0139)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Send Bitcoin to email address of Armstrong by adding the feature of rebalancing after a defined time period in accordance with the teaching of Cristoforo. This modification enables Armstrong's system to rebalance reserve regularly to meet business needs and regulatory requirement.
Allowable Subject Matter
Claims 7 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if the 101 rejection, set forth in this Office action, is overcome and if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The reason for allowance will be furnished upon allowance of the application.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20150170112A1 (“DeCastro”) discloses systems, devices, and methods for conducting financial transactions, digital asset exchanges, and multi-currency interoperability on a private network of member subscribers in communication with other commercial banking and finance networks and services.
US20150324764A1(“Van Rooyen et al.”) discloses a system and method of enabling a user to transact using cryptocurrency of a value defined in relation to a different medium of exchange or financial instrument is provided.
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/YINGYING ZHOU/Primary Examiner, Art Unit 3697
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