101 Rejection Reference Database

101 Rejection
reference database
A continuously growing library providing insight to techniques used to overcome a subject eligibility matter rejection under 35 U.S.C §101 from successfully prosecuted patents. These cases are grouped by art unit to provide an understanding of the patent at issue, rejections surround the patent, and the techniques used to overcome those rejections.
 
If you are seeking efficient and effective assistance with a 101-specific rejection, our team of knowledgeable patent specialists and technical advisors are prepared to assist you.
VIEW History By Art Unit
Data Processing: Financial, Business Practice, Management, Or Cost/Price Determination
Transportation, Construction, Electronic Commerce, Agriculture, National Security and License Review
Data Processing: Financial, Business Practice, Management, Or Cost/Price Determination
Transportation, Construction, Electronic Commerce, Agriculture, National Security And License & Review
Data Processing: Financial, Business Practice, Management, or Cost/Price Determination
Education and Demonstration
EXAMINER: Andrei, Radu

SYSTEMS AND METHODS FOR DEMOCRATIZED COUPON REDEMPTION

ASSIGNEE

EVERSIGHT

APPLICATION

15/217,005

PATENT SUMMARY

A product management system that registers an ID to and analyses previous user data to determine the price elasticity of the user to calculate the ROI parameter. This analyzes all shopping history data from a user store ID card and has the ability to use the calculated ROI metric to match at least one product(cupon) to another product.

REASON FOR 101 REJECTION    |    CTNF 6/30/20

Directed towards ineligible subject matter, the process is comparable to a marketing, sales activities process aimed at providing an offer and updating the offer database. Further the application is not integrated into a practical application, and the non-positively received claim elements are merely descriptive and do not integrate themselves into practical application.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 9/30/2020

The claims are directed to the backend system of managing the transactions of a product. The claims have been amended to remove the references to offers that may be associated with the products and instead focuses specifically on the product management. The resulting amendments to the claims named a database of products instead of offers, and systematically replaced the word “offer” for “product”. The applicant notes that the management of product has important implications for offer tracking and redemption, and that these products are the foundation that enables the judicial exception to be performed.

EXAMINER: Andrei, Radu

INFORMATION PROCESSING DEVICE, INFORMATION PROCESSING METHOD, PROGRAM AND STORAGE MEDIUM

ASSIGNEE

RAKUTEN

APPLICATION

15/027,893

PATENT SUMMARY

A method is claimed to control a display of changing images embedded with links. The system is capable of determining whether the user intended to click a previous image. This is implemented to save users time and reduce the amount of corrupt and incorrect data stored on the websites viewing history database.

REASON FOR 101 REJECTION    |    CTFR 12/12/2019

The independent claims have not been integrated into a practical application, all the elements in the independent claims amount to no more than obtaining and exchanging information.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 4/13/2020

This method provides an improvement to man-made user interfaces and helps incorrect data being collected about the use of the site. The application suggests previous methods enabled incorrect information to be captured about user viewing history. This incorrect data would corrupt the sites viewing history database and possibly result in lost time to the user and lost revenue to the company. Since there is a described computer benefit of avoiding corrupting memory the application is patentable.

EXAMINER: Andrei, Radu

SYSTEM AND METHOD FOR CARD-LINKED SERVICES

ASSIGNEE

MASTERCARD

APPLICATION

15/701,100

PATENT SUMMARY

A method for optimizing a marketing campaign through the optimization of promotions and the targeting associated with those campaigns. Match keys are generated and associated with users who select the promotion. The promotion will then be linked to the transaction account and applied. Information about how the promotion is used to analyze optimal distribution as the campaign moves forward.

REASON FOR 101 REJECTION    |    CTFR 12/11/2019

Method of organizing human activity. The claims are not properly limited under their current construction, and in their current embodiment covers the judicial exception of sales activities. Since the claims recite an abstract idea it is further demonstrated that the application does not incorporate the judicial exception into a practical application. The claim elements amount to no more than insignificant extra-solution activity.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 3/11/2020

The claims are directed to a specific implementation of generating and transmitting a “respective match key that uniquely represents the respective user”. This match key is then associated to a computing device continuing user account information which then generates a prompt representing possible transaction accounts. Upon selection of a selection of an item in the prompt a promotion is then associated with the transaction. These steps cannot be performed mentally and there is no claim of organizing human activity. Those features also provide additional elements that are sufficient to amount to significantly more than the judicial exception therefore further making the subject matter patent eligible.

EXAMINER: Andrei, Radu

UPFRONT ADVERTISEMENT PURCHASING EXCHANGE

ASSIGNEE

VIANT TECHNOLOGY

APPLICATION

14/474,962

PATENT SUMMARY

This patent claims the ability to bid for an advertising impression. The advertising publisher provides information about the impressions and accepts bids for them. The system then determines which publisher has provided the successful bid and transforms that bid into the usable impression. These ads further comprise a tracking pixel to be incorporated with the impressions allowing for the collection and analysis of user statistics to enable a better determination of an audience in the future.

REASON FOR 101 REJECTION    |    CTFR 5/17/2019

The claims are not directed to eligible subject matter without significantly more. The claims recite a method that under the broadest interpretation amounts to no more than a commercial activity being performed by generic computing components. Additionally, the insertion of a pixel to be used for analyzing statistics and determining the user base amount to insignificant extra-solution activity.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 8/19/2019

The applicant demonstrates that the claims are tied to both a system and a method satisfying the step 1 analysis. For steps 2A and 2B the applicant demonstrates that the claim is not directed to a judicial exception but rather that the judicial exception is integrated into a practical application of that exception. The applicant points out that this system not only performs a bidding process between two users but also incorporates the use of a tracking pixel to collect user statistics to analyze and determine the userbase using the system. Further arguments are made that the application recited additional elements and integrates any judicial exception into practical application by improving the technical field of “conducting an auction/exchange for online advertisements based on an advertisement purchasers specifications”. The system is further incorporated to an integral part of the computer and processor, and the bid is actually transformed by the system into an actual impression slot to be filled with an advertisement.

EXAMINER: Andrei, Radu

Method and Device and System for Processing Promotion Information

ASSIGNEE

TENCENT TECHNOLOGY

APPLICATION

15/643,961

PATENT SUMMARY

This is a method for processing promotion information. Agreement information and exposure requirements within a preset period are acquired. The promotion is distributed based on these parameters and statistics about the social propagation of the promotion is made in real-time. This method enables more effective and accurate delivery of the promotion.

REASON FOR 101 REJECTION    |    CTNF 6/30/20

Directed towards ineligible subject matter, the process is comparable to a marketing, sales activities process aimed at providing an offer and updating the offer database. Further the application is not integrated into a practical application, and the non-positively received claim elements are merely descriptive and do not integrate themselves into practical application.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 9/30/2020

The claims are directed to the backend system of managing the transactions of a product. The claims have been amended to remove the references to offers that may be associated with the products and instead focuses specifically on the product management. The resulting amendments to the claims named a database of products instead of offers, and systematically replaced the word “offer” for “product”. The applicant notes that the management of product has important implications for offer tracking and redemption, and that these products are the foundation that enables the judicial exception to be performed.

EXAMINER: Andrei, Radu

REAL-TIME TRACKING OF OFFLINE TRANSACTIONS

ASSIGNEE

Facebook

APPLICATION

15/170,354

PATENT SUMMARY

This is a method for an online system to receive offline third party data conversion to indicate a user action based on the identifying information of the offline user. The system identifies a local user based on the offline users identifying information and then analyzes the sponsored content responsible for the offline conversion. Through monitoring the offline conversion data and updating the bid price for the related sponsored content based the system enables a means of tracking offline transactions.

REASON FOR 101 REJECTION    |    CTFR 3/06/20

The claims are directed towards “Certain Methods of Organizing Human Activity”. The claim elements amount to no more than insignificant extra-solution activity. The non-substantial elements of the method may provide further helpful context for the claimed invention; it does not integrate the abstract idea into a practical application.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 4/30/2020

During the Examiner interview the examiner “stressed the importance of clarifying how the claimed invention can be integrated into a ‘practical application’”. The Examiner requests that the applicant better explain how the claimed invention improves upon the existing technology or technical field. The claimed invention is directed to tracking user response to content. The system implements an API that interacts with third party systems to identify a local user through the identifying information collected in an offline setting. Therefore the claims do not recite a commercial interaction or business relation. The method of the claims specifically collects offline conversion data that is not directly trackable to compute an updated bid price for the sponsored content. This demonstrates an improvement to the field of digital content management and advertising technology. The transmission of offline conversion data to an online system where the offline user is not directly trackable amounts to significantly more than the abstract idea.

EXAMINER: FRUNZI, VICTORIA

ONLINE AD DETECTION AND AD CAMPAIGN ANALYSIS

ASSIGNEE

ACCENTURE

APPLICATION

15/806,091

PATENT SUMMARY

This is a method for collecting and using metrics for ad campaign analysis through parsing web pages to determine the number of ads being circulated for a particular client. Through these metric key performance indicators can be used for auditing marketing campaigns and competitor analysis.

REASON FOR 101 REJECTION    |    CTNF 5/22/2020

The claims are directed to an abstract idea without significantly more. The method recites determining key performance indicators from a plurality of websites to determine the effectiveness of advertisements. Under the broadest reasonable interpretation these claims are directed towards “Certain Methods Of Organizing Human Activity. The additional elements of the claims merely add insignificant extra-solution activity that do not incorporate the judicial exceptions into practical application.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 8/24/2020

Per discussions during the Examiner interview, the § 101 rejections will be withdrawn based on the support of the features such as modifying the scan servers, and the modification of ads on web pages to increase the or decrease the number of identified online ads. The recited claims integrate any judicial exception into a practical application through the scanning of servers at different geographic locations and through competitor analysis of a client, and modifying the scan servers to increase or decrease the number of online ads.

EXAMINER: FRUNZI, VICTORIA

DETERMINING RELATIVE EFFECTIVENESS OF MEDIA CONTENT ITEMS

ASSIGNEE

NIELSEN

APPLICATION

12/618,950

PATENT SUMMARY

This patent application demonstrates a method to sample background audio for human-inaudible frequencies associated with reference media. The effectiveness of these advertisements is measured by detecting exposure to the media. The marketing campaigns can be tailored to individual users to maximize their effectiveness.

REASON FOR 101 REJECTION    |    CTNF 5/21/2019

The claims fall within “Certain Methods Of Organizing Human Activity” as the claims recite correlating effectiveness scores of advertisements to optimize the presentation of advertisements. The judicial exception is not integrated into practical application such that the additional elements amount to no more than applying instructions using a generic computer component.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 5/21/2019

The application sets forth a practical application of the alleged judicial exception. The claims are directed to a particular improvement in determining effectiveness scores for advertisements and transmitting advertisements having higher effectiveness scores to users. This method limits the identification of media to the human-inaudible codes associated with reference media. There is additional improvement in the way the correlation of the internet action and the exposure to media instantaneously. This specific improvement of performing a correlation between internet actions and exposure to media instantaneously demonstrates a practical application of the alleged judicial exception.

EXAMINER: FRUNZI, VICTORIA

INFORMATION PROVIDING DEVICE, INFORMATION PROVIDING METHOD, INFORMATION PROVIDING PROGRAM, AND RECORDING MEDIUM HAVING INFORMATION PROVIDING PROGRAM RECORDED THEREON

ASSIGNEE

RAKUTEN

APPLICATION

13/807,654

PATENT SUMMARY

This patent application demonstrates a method to associate advertisement links to regions of the website rather than the media of the advertisement. This better ensures that impressions will go to the correct advertiser and helps to reduce the network load needed to run the website. Through the use of dot areas coded directly into the website, impressions can be accurately associated to the correct advertiser regardless of the state of the advertising media.

REASON FOR 101 REJECTION    |    CTNF 1/7/2019

The claim is directed to a judicial exception. Under the broadest reasonable interpretation the claims do not include additional elements that amount to significantly more than the judicial exception because they represent computer functions representing insignificant extra solution activity. Each additional claim is listed and demonstrated to be well-understood in the art.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 3/8/2019

“Assuming arguendo that the claims recite a judicial exception” the claims are still patent eligible under prong two of the analysis. The claims are directed towards an improvement in providing the correct selection of advertiser regardless of the image of the advertisement. The use of dot areas to determine which advertisement has been clicked, reducing the processing load caused when advertisements are selected. Since the claims are directed to an improvement in the functionality of computing devices, the claims are integrated into a practical application and are therefore eligible.

EXAMINER: Araque jr, Gerardo

WORKFLOW MANAGEMENT IN A GLOBAL SUPPORT ORGANIZATION

ASSIGNEE

IBM

APPLICATION

12/254,092

PATENT SUMMARY

This application discloses a method in which a customer submitted support ticket would be analyzed to determine the appropriate support response to handle the issue. The incoming ticket would be analyzed to determine the level of expertise the issue would require as well as personnel recommendations based on their previous work history with other representatives.This case is pre-AIA and demonstrates the previous methods used to overcome 101 rejections by tying the method to an electronic device.

REASON FOR 101 REJECTION    |    CTNF 7/8/2011

Claims held to abstract subject matter, applicants should refer to the machines that that claims are tied to. The claims appear to be directed at a general business practice of customer service because no machines are recited explicitly or implied in the claims.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 10/5/2011

Established the use of an electronic device to demonstrate the application is directed towards statutory subject matter. They further amend their claims to only read to machine-readable storage medium demonstrating a meaningful limit on the non-statutory subject matter.

EXAMINER: Araque jr, Gerardo

MIGRATING COMPUTING ENVIRONMENT ENTITLEMENT CONTRACTS BETWEEN A SELLER AND A BUYER

ASSIGNEE

IBM

APPLICATION

13/171,558

PATENT SUMMARY

A method of configuring computing environment contacts to different computing resources. The allowed claims specify not only the configuration but also the set of computing resources that will be delivered to the customer. The original 101 rejection is based on the lack of exclusion for transitory signals.

REASON FOR 101 REJECTION    |    CTNF 6/11/2013

Rejections based on transitory signals are different from abstract ideas. Since this application had to do with computing environments the use of a signal within a tangible medium (computer-readable storage) it falls within the scope of 35 USC 101.

HOW 101 REJECTIONS WERE OVERCOME    |    APDR 2/16/2017

One of ordinary skill in the art would have recognized that a transitory wave can be a computer readable medium. As such, since the specification has failed to exclude transitory signals as being mediums a rejection under 35 USC 101 has been provided.

EXAMINER: Araque jr, Gerardo

APPROVAL SERVICE IN A CATALOG SERVICE PLATFORM

ASSIGNEE

AMAZON

APPLICATION

14/577,161

PATENT SUMMARY

This application relates to an approval service for computing services. This approval service matches approval templates to requests to authorize external computing resources. Templates are created by the administrator with multiple means of collecting approval. The templates are stored to a data system and matched to incoming requests. Once approved by the system the user will then be connected to the requested resources through the platform.

REASON FOR 101 REJECTION    |    CTFR 12/10/2018

The examiner claims the application is directed at an abstract idea without significantly more. The application is determined to be relating to the managing of relationships or transactions between people.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 4/10/2019

The applicant points out how the claims are directed towards computing resources and not the organization of human resources. Further explanation is given to how the system provides a meaningful feature beyond the general linking of the use of a judicial exception to a technological environment. The applicant demonstrates how the claims integrate the judicial exception into a limited practical application.

EXAMINER: Araque jr, Gerardo

VIRTUAL RECEPTIONIST SYSTEM

ASSIGNEE

RICOH

APPLICATION

14/790,957

PATENT SUMMARY

This patent claims a method of enabling a virtual receptionist having the ability to control the distribution of customer service sessions over a video-conferencing server. Where, “the distribution server instructing the assigned virtual receptionist application to initiate a video conferencing session between the cabinet application executing on the computing device and the assigned virtual receptionist using a video conferencing server that is separate from the distribution server and the computing device”

REASON FOR 101 REJECTION    |    CTNF 11/20/2018

All independent claims are directed towards judicial exceptions so step 2b analysis must be performed. The method merely discloses a general purpose device that would perform conventional activities known in customer service not amounting to significantly more. Mr. Araque throws the entire book of possible 101 rejections in this case, very insightful to the full extent of possible references this examiner cites pre-2019.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 2/20/2019

The claims apply the idea of a “customer service at a call center” in a meaningful way by reciting the judicial exception in the context of a particular technological environment of a virtual customer call distribution center. The invention integrates itself into a practical application since the invention is directed toward a specific configuration of devices and servers that allow for video conferencing between a customer and an agent on their respective devices after the system has performed specific operations to allow for it to facilitate the communication session.

EXAMINER: Araque jr, Gerardo

PREVENTING RESTRICTED TRADES USING PHYSICAL DOCUMENTS

ASSIGNEE

BANK OF AMERICA

APPLICATION

14/950,764

PATENT SUMMARY

This patent provides a method for computers to intelligently process and analyze individual documents from a stream of non-homogenous documents. The information collected from the physical document can be used to analyze the proposed trade and prevent restricted trades.

REASON FOR 101 REJECTION    |    CTFR 12/19/2018

The claims are directed towards a judicial exception without significantly more. The fundamental economic principle and method of organizing human activity is not further expanded on to demonstrate a practical application.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 5/1/2019

The claims are integrated into a practical application that provides a technological improvement by enabling computer systems to recognize and process non-uniform paper documents. The system is capable of identifying key information in documents and applying the learned location to future documents. This is demonstrated to be a technological improvement in the field of computer physical document processing.

EXAMINER: Norman, samica l

Cover-OCO For Legged Order

ASSIGNEE

TRADING TECHNOLOGIES INTERNATIONAL

APPLICATION

16/704,493

PATENT SUMMARY

This relates to a method of accepting synthetic spread quote orders that will be executed one the proper market conditions have been met.

REASON FOR 101 REJECTION    |    CTNF 3/2/2020

“A claim drawn to a computer readable medium that covers both transitory and non transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. 101 by adding the limitation “non-transitory” to the claim. Its not acceptable to just add “physical” or “tangible” – Nuijten’s ineligible signals were physical and tangible.”

HOW 101 REJECTIONS WERE OVERCOME    |    REM 7/1/2020

“The Applicant respectfully disagrees that the examined claims were directed to non-statutory subject matter. However, to expedite prosecution, the Applicant has amended the pending claims to more clearly recite that they are directed to statutory subject matter.”

EXAMINER: Norman, samica l

ALTERNATIVE FORM FACTOR FOR FINANCIAL INCLUSION

ASSIGNEE

MASTERCARD

APPLICATION

15/286,044

PATENT SUMMARY

This is a method for enabling the use of an active token that can be used similar to a bank, but the wealth is tied to the token rather than a financial institution. This is meant as an improvement in money handling capabilities for those that do not have access to traditional banking services by providing a place that they can store their wealth and protect it. This method includes secure means for completing transactions with the enabled token to ensure that the user is only spending what is agreed upon.

REASON FOR 101 REJECTION    |    CTNF 10/10/2019

Fundamental economic principle. The way that the token is described in the claims makes it so that under the broadest reasonable interpretation the method could be implemented with the use of generic computer components. Additionally, the claims do not provide additional elements that would be sufficient to amount to significantly more than the judicial exception.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 1/8/2020

The focus of the patent involves the mitigation of risk in online and offline data transactions. The solution proposed is an enabled token stored on an attachment. The applicants demonstrate an improvement to traditional credit and debit cards by removing the need for a bank and allowing the user to store their funds personally to their own device. The improvement of risk mitigation in transactions for “unbanked  consumers”. “The claimed process allows a user to execute transactions with good-funds in a reliable manner without using a conventional debit or credit card, which the prior art systems were previously not equipped to do”

EXAMINER: Norman, samica l

MULTI-CURRENCY TRANSACTION ROUTING PLATFORM FOR PAYMENT PROCESSING SYSTEM

ASSIGNEE

MASTERCARD

APPLICATION

14/873,440

PATENT SUMMARY

This patent relates to a method tying accounts of different currencies to a generic account associated with a card enabling the user to select the currency used for each purchase. Based on the user’s selection of currency for the purchase the money is routed from the individual account to the generic account and used for the transaction.

REASON FOR 101 REJECTION    |    CTFR 5/22/2018

Non-statutory subject matter, this is one that spans the 2019 guidelines. This means that the reason the 101 rejections were brought up is instead argued under the new guidelines.

HOW 101 REJECTIONS WERE OVERCOME    |    APDR 2/26/2020

BPAI Decision: Examiner reversed. The disclosed method limited the use of the judicial exception of fundamental economic principles. 

Specifically, the additional elements limit the conventional practice of transacting multi-currency payments by reciting a “multi-currency transaction routing platform” that routes to one oftwo accounts, where each account has a different currency (first and second currencies). As explained in the  specification, these limitations provide an instrument holder with one single payment card “all his or [her] currency exchange rate transactions” as “a universal multicurrency solution to all of his or her foreign travel needs.” Spec. 8: 13-16. The Specification further discloses that the claimed “routing platform that may enable a card provider to efficiently and intelligently use multi currencies to fund his or her card purchase transactions.” Spec. 13:13-16. Thus, the use of the multi-currency platform with two accounts and two currencies tied to a single generic account provides a technological improvement over prior multi-currency payment systems. See also Ex parte Smith, Appeal 2018-000064 (PTAB Jan. 31, 2019) (designated informative Mar. 19, 2019) (“the use of the claimed timing mechanisms and the associated temporary restraints on execution of trades provide a specific technological improvement over prior derivatives trading systems.”).

EXAMINER: Norman, samica l

DISTRIBUTING WORK LOAD OF HIGH-VOLUME PER SECOND TRANSACTIONS RECORDED TO APPEND-ONLY LEDGERS

ASSIGNEE

DOMUS TOWER

APPLICATION

15/078,768

PATENT SUMMARY

A method for efficiently processing blockchain securities transactions. This relates to a system that first verifies the users before transaction then batch does transactions that are appended to the metadata blockchain.

REASON FOR 101 REJECTION    |    CTFR 5/23/2019

Claim 5 is directed to a method that is not (1) tied to another statutory class of invention (such as a particular apparatus) nor (2) transforms underlying subject matter (such as an article or materials) to a different state or thing

HOW 101 REJECTIONS WERE OVERCOME    |    REM 8/13/2019

Applicant submits that claim 5 has been amended to clarify that the claimed invention is a method performed by a processor for implementing an append-only cryptographic ledger and various other components. For at least the reasons provided, Applicant submits that the grounds for the rejections are no longer applicable. Therefore, withdrawal of the rejections is respectfully requested.

EXAMINER: Norman, samica l

METHOD AND SYSTEM FOR CREDITS IN A SOCIAL NETWORK

ASSIGNEE

MASTERCARD

APPLICATION

15/237,184

PATENT SUMMARY

A method for executing transactions between non-financial entities. The system discloses a method to set up a controlled payment number (CPN) for each transaction that verifies the identities of both parties before completing the transaction. These CPNs are created in such a way to protect the seller and the buyers interest by only allowing the specific amount of money required for the transaction to be entered into the CPN, with the addition of the verification system this application discloses a secure method for NFIs to complete financial transactions.

REASON FOR 101 REJECTION    |    CTFR 7/19/2019

Rejected for organizing human activity due to the nature of the claim merely sending request messages between entities. Further the judicial exception is not integrated into a practical application because under the broadest reasonable interpretation the method could be performed on a generic computing device.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 10/21/2019

2A.P1: applicant asserts that it does not claim a judicial exception and even if it did, by demonstrating an improvement to existing technology there is clearly a practical application

2A.P2 The application integrates the judicial exception into a practical application by enabling users to conduct transactions with non-financial institutions (NFI) to make any changes to their technical systems, verifies user identity without the NFI entity to operate as a financial institution and enables the regular transaction of traditional payment systems without the need for an alteration of the systems hardware. By demonstrating the improvement of the system it is clear there is a practical application for the alleged judicial exception.

EXAMINER: Khattar, rajesh

ONLINE QUICK KEY PAY

ASSIGNEE

EBAY

APPLICATION

15/431659

PATENT SUMMARY

The method enables the user to make a payment from a website through the use of a user identifier in a pop-up window. The payment provider can then automatically determine the merchant, user, and transaction information automatically.

REASON FOR 101 REJECTION    |    CTFR 5/05/2020

The claims are directed towards a fundamental economic principle corresponding to “Certain Methods of Organizing Human Activity”. The claims do not integrate the judicial exception into a practical application beyond the use of generic computer elements.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 7/20/2020

When viewed as a whole the amended claims integrate the abstract idea into practical application. The highlighted sections of the specification integrate the abstract idea into a practical application of providing an enhanced online payment processing flow. The claimed solution is directed toward a quick pay option enabling the user to simply enter a user-known identifier to be confirmed with the payment provider to process the payment. This method of payment can be done without having to redirect the user to submit additional information, and imposes a meaningful limit on any alleged judicial exceptions. Specifically, when viewed as a whole, the claims recite a specific and ordered combination of steps directed to providing an enhanced online payment processing flow.

EXAMINER: Khattar, rajesh

METHODS OF PROVIDING INSURANCE SAVINGS BASED UPON TELEMATICS AND DRIVING BEHAVIOR IDENTIFICATION

ASSIGNEE

STATE FARM MUTUAL AUTOMOBILE INSURANCE

APPLICATION

14/798615

PATENT SUMMARY

A method disclosing a telematics system applied to insurance-based applications. Using multiple data inputs the system determines a risk aversion score and has the capability of adjusting insurance policies. The insurance provider may also use the data collected from the driver to provide behavior based incentives to adjust insurance rates as well.

REASON FOR 101 REJECTION    |    CTFR 5/05/2020

The claims are directed to an abstract idea of adjustment to an insurance policy without significantly more. The determination of a driving risk score based on the collected data described under their broadest reasonable interpretation corresponds to “Certain Methods of Organizing Human Activity” as the claim limitations relate to a fundamental economic principle. All additional elements of the method do not necessarily restrict the claim from reciting an abstract idea and as such amount to no more than insignificant extra-solution activity.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 7/20/2020

The claims are not directed to an abstract idea, instead they are directed to a technological solution to a technical problem. The claims recites a process of transmitting a warning notification  to limit the functionality of at least one component of the vehicle for the driver when the collected telematics indicate that the driver is at a high risk for accident. Since this process is neither achievable by human intervention nor pertaining to economic practices the applicant submits that the elimination of driver distractions is not an abstract idea. The claims are further incorporated into a practical application by including limitations that reflect an improvement in the functioning of a vehicle system to reduce a driver’s risk of accident. Through the analysis of biometric data and a risk aversion score the claimed invention limits the functionalities of a mobile device or onboard computer, something not well understood or routine in the field of fundamental economic principles. The claimed subject matter therefore incorporates the abstract idea into a practical application through the demonstration of an improvement of a vehicle system’s functionality to reduce a user’s risk of accident.

EXAMINER: Khattar, rajesh

PAYMENTS PORTAL

ASSIGNEE

AMAZON

APPLICATION

15/656666

PATENT SUMMARY

The method describes a payment portal that iterates as the user interacts with the webpage. The portal hosts payment systems enabling a consistent payment experience across multiple merchant sites. The widgets can be configured to access external data sites and communicate with the payment portal.

REASON FOR 101 REJECTION    |    CTFR 3/23/2020

The claims are rejected for being directed to an abstract idea regarding transactions without significantly more. The limitations of a webpage, user interface widget, a computer system, and a portal service do not necessarily restrict the claim from reciting the abstract idea of Certain Methods of Organizing Human Activity. The use of generic computing components do not meaningfully apply the abstract idea into practical application.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 5/19/2020

The claims have been amended to recite receiving information from a web server  via a network the first interaction of a user interface widget. The system requires interaction with a network, which cannot be performed by a human without the use of a computing device, as such the applicant submits that the amended claims are not directed to an abstract idea. Arguendo Step 2 analysis will be performed. The method is directed toward the performance of a particular iteration process to update widgets on a webpage. The claimed invention integrates this process into practical application by effecting an improvement to e-commerce payment transaction systems Thus, the amended claims improve upon the shortcomings of prior art solutions, thereby providing significantly more than the alleged abstract idea.

EXAMINER: Khattar, rajesh

INSTANT EXCHANGE

ASSIGNEE

COINBASE

APPLICATION

14/660014

PATENT SUMMARY

This method facilitates a transaction between a customer and merchant exchanging a first type of currency for a cryptographic key based currency. Once a transaction has been initiated the merchant locks in an exchange rate for the cryptographic key based currency once payment has been received from the customer. The merchant will then send payment instructions to a host computer that will execute the transaction of the cryptographic currency..

REASON FOR 101 REJECTION    |    CTFR 10/22/2019

The claims are directed to an abstract idea of effecting payment. The additional limitations of a host computer system, a customer computer system, a host wallet, and a bank transfer module do not necessarily restrict the claim from reciting an abstract idea. The judicial exception is not integrated into a practical application as all additional claim elements under their broadest reasonable interpretation can be composed of a generic computing arrangement. Therefore the additional elements do not meaningfully apply the abstract idea and hence do not integrate the abstract idea into practical application.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 11/25/2019

The claims are directed to a method of communicating between merchant and customer computer systems to effect payment using a cryptographic key based currency. By providing a technical solution to a technical problem the method enables the customer to pay the merchant using cryptographic key based currency functionality of a host computer. The specific interaction of a host computer with a merchant computer system and a customer computer system to perform a cryptographic key based currency demonstrates specific limitations to the practical idea.

EXAMINER: Khattar, rajesh

METHOD FOR CONDUCTING A TRANSACTION

ASSIGNEE

MASTERCARD

APPLICATION

14/788081

PATENT SUMMARY

This patent discloses a method of performing a transaction between a merchant and a consumer using a secure connection through the exchange of encryption keys. Once the merchant accepts the transaction the customer’s cart and information is transferred to the merchant device where the secure wireless channel determines at least one payment option for checking out the items.

REASON FOR 101 REJECTION    |    CTNF 3/18/2019

The claims recites an abstract idea of conducting a transaction and is illustrated by a series of steps. Current device limitations do not necessarily restrict the claim from reciting an abstract idea. This judicial exception is not integrated into a practical application due to the additional elements of the device under their broadest reasonable interpretation amounting to no more than generic computing parts.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 6/14/2019

The claims do not recite an abstract idea. The claims recite specific functions that cannot be performed mentally. The present claims do not recite a mathematical relationship or formula, and thus does not recite a mathematical concept. While the claims generally relate to payment transactions, the claim limitations themselves are narrowly focused on a sequence of actions performed by the merchant and the customer. The detailed limitation recites a specific manner of establishing a secure connection between the devices and synchronizing cart information between the devices to process payment over the secure wireless channel. Here the claims recite a specific improvement in the field of conducting electronic payment transactions between a cardholder device and a merchant point-of-service device. As the present independent claims provide specific improvements over prior systems they demonstrate a practical application, such that the present claims are not directed to an abstract idea under the Second Prong of Step 2A

EXAMINER: Rada, alex

SYSTEMS AND METHODS FOR MANAGING MONEY FROM MULTIPLE PLAYERS

ASSIGNEE

CFPH

APPLICATION

14/840,965

PATENT SUMMARY

This is a method of organizing a game over multiple users. This application relates to taking in multiple users games and coordinating both the outcomes of the games played between the players and the associated payout from the games. This application discusses the methods the internal currency is manipulated to be properly distributed to players.

REASON FOR 101 REJECTION    |    CTNF 12/18/2018

The proposed claims do not incorporate the judicial exception beyond routine and well-understood functions. The game seeks to embrace the abstract idea of conducting a game and applying it to a computer. From this the Examiner asserts that the application does not provide meaningful limitations sufficient to transform the claimed subject matter into a patent-eligible application

HOW 101 REJECTIONS WERE OVERCOME    |    REM 3/11/2019

The applicant explains how the claims integrate the abstract idea into a practical application. The applicant shows how the proposed claims improve on the functioning of a computer by helping to control the activity over the network to better manage computer resources. With the claims clearly reciting improvements to a known technology the applicant clearly demonstrates a practical application.

EXAMINER: Rada, alex

VARIABLE PLAYBACK GAMING

ASSIGNEE

AG 18 LLC

APPLICATION

15/948,608

PATENT SUMMARY

A method for providing interactive gaming opportunities to players. The game evaluates the skill of different players to determine the payout of the game. The method calculates and refines a skill distribution within players of a game. This skill distribution correlates to a variable payout method, altering the payout depending on the characteristics of the player.

REASON FOR 101 REJECTION    |    CTFR 5/29/2020

The Examiner rejected this application on the basis that it was directed at the fundamental economic principle of placing a wager and mitigating risk. The application was just applying generic computing components to an abstract method.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 7/24/2020

The applicant clarified the method in which the system determined the payout methods and demonstrates that it focuses on a specific method to improve the relevant technology. Specific examples of these benefits are provided along with an explanation of how these examples are enabled by the limitations of the claims. 

EXAMINER: Rada, alex

GAMING SYSTEM AND METHODS OF OPERATING GAMING MACHINES TO PROVIDE SKILL-BASED WAGERING GAMES TO PLAYERS

ASSIGNEE

KONAMI

APPLICATION

15/720,823

PATENT SUMMARY

A method for skill-based wagering where the players performance is correlated to a larger set of player data to determine the payout. While this application has a component relating to a game cabinet, the Examiners rejections were focused on the incorporation of the abstract idea into the methods.

REASON FOR 101 REJECTION    |    CTFR 10/25/2019

The Examiner claims that all these operations could be performed with a generic computer. They further imply that the application does not impose a meaningful limit on the use of the judicial exception so that the application is just a drafting effort to monopolize the exception.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 1/27/2020

The applicant references prior cases where the fundamental economic principles were found to have been applied. The applicant demonstrates how the proposed claims are defined outside of the precedent to be considered a fundamental economic principle. A similar approach is taken in regard to the Examiners claim the invention is directed to managing personal behavior. The applicant demonstrates how the claims are defined outside of the given precedent.

EXAMINER: Rada, alex

LOTTERY DEVICE AND LOTTERY METHOD

ASSIGNEE

SEGA SAMMY CREATION

APPLICATION

16/310,091

PATENT SUMMARY

This is a device for lottery games that comprises a function for associating, based on random data, the positions of virtual marks and the lottery associated on the basis of the position of a mark. The association of the virtual mark ensures randomness throughout the lottery process. This patent seeks to implement the use of random number generating circuits into the lottery logic of virtual objects. The results of the lottery may be biased based on the design of the virtual object. Linking the virtual object to  a random number generating circuit ensures randomness in the way the virtual object operates.

REASON FOR 101 REJECTION    |    CTNF 12/11/2019

The broadest interpretation of these claims recites rules and instructions of a game, falling under the judicial exception of “Certain Methods of Organizing Human Activity”. The judicial exception is not integrated into a practical application beyond the use of generic computer components such that it is more than a drafting effort to monopolize the exception. All of the additional claimed elements also do not amount to significantly more than the judicial exception and are all considered to be extra-solution activity.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 9/14/2020

The claims provide further emphasis that they are directed to an improvement in the functioning of an electronic lottery device by ensuring randomness in the lottery result. The claims may recite an aspect of a lottery game but should not be considered to preempt those rules. The claims are directed at a method of improving the operation of a lottery game. The claimed invention provides an improvement in the technical field of lottery gaming  through a unique associating function for the marks on a virtual object ensuring randomness of the lottery result. The claims are directed to a specific improvement in the field of lottery gaming so they demonstrate  practical application of judicial exceptions.

EXAMINER: Rada, alex

LACEMENT OF VIRTUAL ELEMENTS IN A VIRTUAL WORLD ASSOCIATED WITH A LOCATION-BASED PARALLEL REALITY GAME

ASSIGNEE

NIANTIC

APPLICATION

15/728,462

PATENT SUMMARY

This is a patent used in the popular mobile game Pokémon GO to associate  virtual elements to a parallel reality game. The location of the virtual elements in the virtual world is determined based on real world conditions. This link between the virtual world and the real world improves is responsible for “enhancing the illusion that the virtual world is another dimension of the real world”.

REASON FOR 101 REJECTION    |    CTNF 3/15/2019

The claimed invention is directed to abstract ideas without significantly more. The limitations under the broadest interpretations covers Certain Methods of Organizing Human Activity with the addition of generic computer components. The judicial exception is not integrated into a practical application, all additional steps amount to no more than mere instruction to apply the exception using generic computer components.

HOW 101 REJECTIONS WERE OVERCOME    |    REM 5/20/2019

The prong one analysis, the claimed method incorporates the real world and the virtual world of a parallel reality game. This cannot be done by the human mind and does not describe a mathematica formula, therefore the claims are not directed to ineligible subject matter. The claimed method is not a method of organizing human activity because nothing claimed creates a legal obligation nor directs humans to behave in any particular way. This application integrates the judicial exceptions into a practical application of that exception by “updating the game database to include the virtual element at the determined location” and “transmitting information for displaying the virtual element at the determined location”. Therefore these claims are not “directed to” judicial exception.

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