MasterCard International IncorporatedDownload PDFPatent Trials and Appeals BoardNov 17, 20202020003790 (P.T.A.B. Nov. 17, 2020) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/259,767 09/08/2016 Srinivasa WUDARU 0076412-000610 4624 125578 7590 11/17/2020 MASTERCARD C/O Buchanan Ingersoll & Rooney PC P.O. Box 1404 Alexandria, VA 22314 EXAMINER CHAKRAVARTI, ARUNAVA ART UNIT PAPER NUMBER 3693 NOTIFICATION DATE DELIVERY MODE 11/17/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): ADIPDOC1@BIPC.com charles.wieland@bipc.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte SRINIVASA WUDARU Appeal 2020-003790 Application 15/259,767 Technology Center 3600 ____________ Before RICHARD M. LEBOVITZ, FRANCISCO C. PRATS, and RACHEL H. TOWNSEND, Administrative Patent Judges. LEBOVITZ, Administrative Patent Judge. DECISION ON APPEAL The Examiner rejected claims 1–20 under 35 U.S.C. § 103 as obvious and under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter. Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject the claims. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as MasterCard International Incorporated. Appeal Br. 2. Appeal 2020-003790 Application 15/259,767 2 STATEMENT OF THE CASE The claims stand rejected by the Examiner in the Final Office Action as follows: 1. Claims 1–20 under 35 U.S.C. § 103(a) as obvious in view of Matthews et al. (US 2007/0083444 A1, published Apr. 12, 2007) (“Matthews”) and Tichelaer et al. (US 2010/0288834 A1, published Nov. 18, 2010) (“Tichelaer”). Final Act. 7. 2. Claims 1–20 under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Final Act. 2. There are two independent claims on appeal, claims 1 and 11. Claim 1 is directed to a method and claim 11 is directed to a system for carrying out substantially the same method as recited in claim 1. Claim 1 is representative and reproduced below (the claim is annotated with bracketed numbers for reference): 1. A method for automatic generation and usage of a controlled payment number (CPN) in a web browsing environment, comprising: [1] storing, in a memory of a computing device, an account data entry, wherein the account data entry includes a structured data set related to a transaction account including at least an account identifier associated therewith; [2] receiving, by a receiving device of the computing device, a first data signal superimposed with web page data originating from a first computing system, wherein the web page data includes data related to a web site including at least a form having a plurality of input fields including a field associated with a primary account number and additional web page code; [3] receiving, by an input device of the computing device, an instruction for automatic generation of a CPN for use with the website; Appeal 2020-003790 Application 15/259,767 3 [4] in response to receiving the instruction, extracting, by an analytic module of the computing device, at least a transaction amount from the additional web page code included in the web page data; [5] generating, by a processing device of the computing device, a request for the CPN including at least the account identifier and the transaction amount extracted from the additional web page code; [6] electronically transmitting, by a transmitting device of the computing device, a second data signal superimposed with at least the CPN request to a second computing system; [7] receiving, by the receiving device of the computing device, a third data signal superimposed with payment data from the second computing system, wherein the payment data includes at least a generated CPN, the generated CPN being (i) linked to the transaction account associated with the account identifier included in the request and (ii) subject to one or more transaction controls including a spending limit based on the extracted transaction amount; and [8] inputting, by a data supply module of the computing device, the generated CPN, received from the second computing system, into the field associated with a primary account number included in the form included in the web page data. CLAIM 1 Claim 1 recites a method of payment accomplished on a webpage using a controlled payment number (“CPN”). The Specification discloses that a CPN is a payment number associated with a payment account that is subject to one or more rules, “such as spending limits, limits on days and/or times of a transaction, limits on merchants or industries, transaction spending or frequency limits, etc.” Spec. ¶ 22. The Specification lists patent and application numbers which describe “[a]dditional detail regarding controlled payment numbers.” Id. Appeal 2020-003790 Application 15/259,767 4 The method starts with storing an account identifier in the memory of a computing device (step [1]). The computing device “may be any type of computing device suitable for performing the functions” recited in the claim, “such as a desktop computer, laptop computer, notebook computer, tablet computer, cellular phone, smart phone, smart watch, wearable computing device, implantable computing device, etc.” Spec. ¶ 24. The computing device receives a webpage associated with a website that includes input fields (step [2]). One of the input fields is for a primary account number. The webpage is from a “first computing system.” The first computing system can be a merchant system (Spec. ¶ 58) from which the user will purchase a good or service using the CPN (Spec. ¶ 20). The computing device receives from an input device “an instruction for automatic generation of a CPN for use with the website” (step [3]). We interpret the instruction to be from a user who is using the input device to instruct the computing device to automatically generate the CPN2 that is used to purchase a good or service from the merchant. When the user inputs the instruction, the computing device extracts the “transaction amount” (i.e., the payment amount) from the webpage (step [4]) and generates the request for the CPN (step [5]). The request includes the user account identifier and the transaction amount extracted from the merchant’s webpage. 2 “The input devices 210 may be configured to receive input from a user of the computing device 102, such as the consumer 104, which may be provided to another module or engine of the processing server 102 (e.g., via the communication module 204) for processing accordingly.” Spec. ¶ 44. “In step 316, the input device 210 of the computing device 102 may receive input from the user (e.g., the consumer 104) indicating that a controlled payment number is desired for the payment transaction.” Spec. ¶ 53. Appeal 2020-003790 Application 15/259,767 5 The request is transmitted to a second computing system (step [6]). The second computing system can be a card issuer system associated with a financial institution that issues the CPN, such as a bank. Spec. ¶¶ 27, 59. The request for the CPN and the transmission of the request to the issuer is accomplished automatically upon the device receiving the input instruction from the user. The CPN is received by the second computing system as a part of the “payment data” in step [7] of the claim and then the CPN is inputted into the field of the webpage for the primary account number (step [8]), which completes the payment transaction. OBVIOUS REJECTION BASED ON MATTHEWS AND TICHAELAER The Examiner found that Matthews describes all the steps of the claimed method, including a request for a secondary transaction number (“STN”), which corresponds to the claimed CPN. Final Act. 8–9. The Examiner further cited Tichelaer for expressly disclosing a CPN. Final Act. 9. The Examiner determined it would have been obvious to one of ordinary skill in the art to use a CPN in Matthews’s method to process chargebacks by the issuer of the controlled payment number. Final Act. 9–10. Appellant argues that the Examiner erred in making the rejection. Appellant states that, in Matthews, the user logs on to the card provider’s website, and after authentication, the card provider issues an STN which is distributed to the user. Appeal Br. 17. Appellant distinguishes Matthews from the claimed method because the “claim removes any requirement of the user to leave a merchant’s website in order to request a CPN,” while Matthews requires the user to leave the merchant’s website to access the card provider’s website to request the STN. Id. at 18 (referring to step [3] of Appeal 2020-003790 Application 15/259,767 6 the claim). Appellant also states that the merchant applies the limited conditions to the STN, while in the claim, the transaction amount is extracted from the merchant webpage in step [4] and used as the basis for the transaction controls applied to the CPN. Appellant explains that, as a result, “the CPN is specific to the currently pending transaction and restricted to the current transaction amount without requiring user input of transaction controls,” a limitation not described by Matthews. Id. The Examiner entirely relied on Matthews for describing steps [3]–[5] of claim 1, specifically citing paragraphs 38, 46, 48, 51, 53, 57, 140, and 143 of Matthews to meet these limitations. Final Act. 8; Ans. 17–19. Paragraph 48 of Matthews discloses that the cardholder registers for the card provider’s transaction services, and then the card provider generates an STN and issues it to the cardholder. Paragraph 57 of Matthews discloses that the cardholder logs in to the card provider’s web site: The cardholder 1 is hyperlinked (manually or automatically) to a card provider’s web site to log in 130 (FIG. 5), which resides on and is managed by the card provider’s user interface system 4 (e.g., web server), and, upon logging in, obtains a STN 15 that may then be “cut and pasted,” “dragged and dropped” (or alternatively, automatically filled by the card provider 3 or downloaded from a digital wallet) into the payment fields 144, 146, 148 (FIG. 7) on the payment web page 2b. Paragraph 58 of Matthews further describes authenticating the cardholder during the log-in process and receiving the request for the STN. Thus, as argued by Appellant, Matthews teaches that the user logs on to the card provider’s website to obtain the STN. The Specification specifically distinguishes the type of transaction described by Matthews: “For example, in many cases a consumer may have to obtain the controlled payment number before navigating to the merchant Appeal 2020-003790 Application 15/259,767 7 web site, or must leave the merchant web site to obtain a controlled payment number, which may be inconvenient and time–consuming for the consumer.” Spec. ¶ 4. Matthew, like the prior art described in the Specification, requires the consumer to log-on to the card provider’s website to generate the STN. Matthew ¶¶ 12, 55, 56, 57, 58, 61. In contrast, the request to generate the CPN in claim 1 is accomplished automatically in steps [3]–[6] of claim 1 upon receipt of an instruction by a user. In response to Appellant’s argument that step [3] of claim 1 is not described by Matthews, the Examiner stated that an STN is generated upon request by a cardholder, but does not explain how Matthews meets or suggests the additional limitation that the STN (or CPN) is automatically generated without logging into the card provider’s website as in step [3] of clam 1. Ans. 18. The Examiner cited paragraphs 140 and 143 of Matthews for extraction of the transaction amount from the webpage. Final Act. 8. Paragraphs 140 and 143 refer to reconciliation of transaction data of the issuer/card provider after a transaction has taken place. See Appeal Br. 19– 20. The Examiner did not adequately explain the relevance of this disclosure to the extraction of data from a web page as required by step [5] of the claim. The Examiner further cited disclosure in Matthews from paragraph 51 that “a merchant’s request for settlement, i.e., to be paid for a transaction, the financial capture (FINCAP) 10 system receives and captures the financial information (e.g., transaction amount, date, merchant identification (SE) number, STN 15, etc.).” However, the capture of the transaction Appeal 2020-003790 Application 15/259,767 8 amount takes place after the transaction amount and therefore does not disclose or suggest step [5] of claim 1. “An examiner bears the initial burden of presenting a prima facie case of obviousness.” In re Huai-Hung Kao, 639 F.3d 1057, 1066 (Fed. Cir. 2011). The Examiner did not meet the burden of establishing that the cited publications describe or suggest automatic generation of a CPN number and extraction of a transaction amount from a web page as recited in steps [3] and [4]. All the rejected claims require these steps. Consequently, the obviousness rejection of claims 1–20 based on Matthews and Tichelaer is reversed. REJECTION BASED ON 101 Principles of Law Under 35 U.S.C. § 101, an invention is patent-eligible if it claims a “new and useful process, machine, manufacture, or composition of matter.” However, not every discovery is eligible for patent protection. Diamond v. Diehr, 450 U.S. 175, 185 (1981). “Excluded from such patent protection are laws of nature, natural phenomena, and abstract ideas.” Id. The Supreme Court articulated a two-step analysis to determine whether a claim falls within an excluded category of invention. Alice Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014); Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 75–77 (2012). In the first step, it is determined “whether the claims at issue are directed to one of those patent-ineligible concepts.” Alice, 573 U.S. at 217. If it is determined that the claims are directed to an ineligible concept, then the second step of the two-part analysis is applied in which it is asked “[w]hat Appeal 2020-003790 Application 15/259,767 9 else is there in the claims before us?” Id. (alteration in original). The Court explained that this step involves a search for an “‘inventive concept’”—i.e., an element or combination of elements that is “sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the [ineligible concept] itself.” Alice, 573 U.S. at 217–18 (alteration in original) (citing from Mayo, 566 U.S. at 75–77). Alice, relying on the analysis in Mayo of a claim directed to a law of nature, stated that in the second part of the analysis, “the elements of each claim both individually and ‘as an ordered combination’” must be considered “to determine whether the additional elements ‘transform the nature of the claim’ into a patent-eligible application.” Alice, 573 U.S. at 217 (citing Mayo, 566 U.S. at 75–76). The PTO published revised guidance on the application of 35 U.S.C. § 101. USPTO’s January 7, 2019 Memorandum, 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (Jan. 7, 2019) (“Eligibility Guidance”). This guidance provides additional direction on how to implement the two-part analysis of Mayo and Alice. Step 2A, Prong One, of the Eligibility Guidance, looks at the specific limitations in the claim to determine whether the claim recites a judicial exception to patent eligibility. In Step 2A, Prong Two, the claims are examined to identify whether there are additional elements in the claims that integrate the exception in a practical application, namely, is there a “meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception.” 84 Fed. Reg. 54 (Prong Two). Appeal 2020-003790 Application 15/259,767 10 If the claim recites a judicial exception that is not integrated into a practical application, then as in the Mayo/Alice framework, Step 2B of the Eligibility Guidance instructs us to determine whether there is a claimed “inventive concept” to ensure that the claims define an invention that is significantly more than the ineligible concept itself. 84 Fed. Reg. 56. With these guiding principles in mind, we proceed to determine whether the claimed subject matter in this appeal is eligible for patent protection under 35 U.S.C. § 101. Discussion Claim 1 is directed to a “method.” A “method” is a “process,” one of the broad statutory categories of patent-eligible subject matter under 35 U.S.C. § 101. Because the claim falls into one of the statutory categories of patent-eligible subject matter, following the first step of the Mayo/Alice analysis, we proceed to Step 2A, Prong One, of the Eligibility Guidance. Step 2A, Prong One In Step 2A, Prong One, of the Eligibility Guidance, the specific limitations in the claim are examined to determine whether the claim recites a judicial exception to patent eligibility, namely whether the claim recites an abstract idea, law of nature, or natural phenomenon. The Examiner found that the claimed method of extracting transaction amounts from a webpage (step [2] of claim 1), requesting and receiving payment data including a CPN (steps [3]–[7]), and inputting the CPN into a field for a primary account number (step [8]) is a method of organizing human activity, which is one of the categories of abstract ideas listed in the Eligibility Guidance. Final Act. 4–5. Appeal 2020-003790 Application 15/259,767 11 Appellant contends that the Examiner erred in this determination. Appellant argues that the claim does not fall into any of the specifically enumerated activities listed in the Eligibility Guidance. Appeal Br. 9. Appellant also argues that human activity is not involved in automatically generating the CPN, but instead all the steps are automatic. Id. We are not persuaded by Appellant’s argument that the Examiner erred. The claimed method involves a consumer making a payment on a merchant webpage using a CPN obtained from a financial institution. The method, as claimed, is therefore sales activity because making a payment for goods or services involves the sale of the goods or services. See Spec. ¶¶ 20, 58 (supra at 4). “Sales activities” are specifically listed in the Eligibility Guidance as a method of organizing human activity. 84 Eligibility Guidance 52. In Inventor Holdings, LLC v. Bed Bath & Beyond, Inc., 876 F.3d 1372, 1378 (Fed. Cir. 2017), a method of processing a payment for purchases of goods from a seller was determined to be a patent-ineligible fundamental business practice. While a human is involved only in the step of inputting the instruction to generate the CPN, with the other steps being performed on a computer, business transactions accomplished on a computer do not transform an abstract idea into one that is patent-eligible. Alice, 134 S.Ct. at 2352; Inventor Holdings, 876 F.3d at 139. Accordingly, we conclude that Examiner properly found that the claims recite a method of organizing human activity, and therefore proceed to Step 2A, Prong Two, of the Eligibility Guidance. Appeal 2020-003790 Application 15/259,767 12 Step 2A, Prong Two Prong Two of Step 2A under the 2019 Eligibility Guidance asks whether there are additional elements that integrate the exception into a practical application. As explained in the Mayo/Alice framework, we must look at the claim elements individually and “as an ordered combination” to determine whether the additional elements integrate the recited abstract idea into a practical application. Integration into a practical application is evaluated by identifying whether there are additional elements individually, and in combination, which go beyond the judicial exception. Eligibility Guidance, 84 Fed. Reg. 54–55. The October 2019 Update to Subject Matter Eligibility further explains that “the specification should be evaluated to determine if the disclosure provides sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement.” PEG Update 12.3 The Specification states that controlled payment numbers are helpful to consumers for making purchases, but can be inconvenient and time- consuming because the consumer “may have to obtain the controlled payment number before navigating to the merchant web site, or must leave the merchant web site to obtain a controlled payment number.” Spec. ¶ 4. The Specification also states that the consumer may not be certain of the eventual amount of the transaction and may overestimate it, leaving an amount open that could be compromised, or underestimate the amount, requiring the consumer “to go back to the provider to modify the limits on 3 Available at https://www.uspto.gov/sites/default/files/documents/peg_oct_2019_update.p df (last accessed July 3, 2020) (“PEG Update”). Appeal 2020-003790 Application 15/259,767 13 their new controlled payment number in order to be able to conduct the transaction.” Id. In view of these problems, the Specification states “there is a need for a technical solution where controlled payment numbers may be automatically generated at a computing device during the initiation of a payment transaction that are limited to aspects of the specific transaction for which they are generated.” Spec. ¶ 5. The solution described by the Specification is embodied in step [3] of claim 1 in which an instruction from the consumer to generate a CPN is received by the computing device which results in the automatic extraction of the transaction amount from the webpage (step [4]) and the transmission of a request for a CPN from a payment number issuer. The request includes the transaction amount (step [5]) to ensure that the CPN is in the exact amount required to complete the payment transaction. Appellant argues that these steps of the claim place meaningful limitations on the “alleged” abstract idea of consumer payment transactions and integrate the alleged exception into a practical application. Appeal Br. 12; Reply Br. 9. Appellant specifically describes the improvement as the automatic generation of the CPN and the extraction of the payment information from the webpage, which facilitate the user’s receipt of the CPN without leaving the merchant webpage, as well as having the CPN amount limited to the specific payment transaction. Appeal Br. 12–13. The concept embodied in steps [3]–[5] of claim 1 is sending an instruction to the computing device to generate a CPN which results in extracting the transaction amount from the webpage and then transmitting this in a request to a computing system, such as an issuer of a CPN. We consider these steps to be part of the abstract idea of the claim because they Appeal 2020-003790 Application 15/259,767 14 are involved in the processing of the payment. Requesting a CPN number for a certain value is acknowledged in the Specification to be a conventional step in payment transactions. Spec. ¶¶ 1–4. While Appellant has provided evidence that the steps provide an improvement to the conventional system in which a CPN is used to make a payment, not every improvement is sufficient to confer eligibility on the claims. As explained in McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1315 (Fed. Cir. 2016), the “abstract idea exception has been applied to prevent patenting of claims that abstractly cover results where ‘it matters not by what process or machinery the result is accomplished.’ [O’Reilly v. Morse, 56 U.S. 62, 113, (1853)]; see also Mayo, 132 S.Ct. at 1301.” McRO, 837 F.3d at 1314. McRO stated that therefore, a court must “look to whether the claims in these patents focus on a specific means or method that improves the relevant technology or are instead directed to a result or effect that itself is the abstract idea and merely invoke generic processes and machinery.” McRO, 837 F.3d at 1314. Further, as discussed in Dropbox, Inc. et al. v. Synchronism Technologies, Inc., 815 Fed. Appx. 529 (Fed. Cir. 2020): The patent has to describe how to solve the problem in a manner that encompasses something more than the “principle in the abstract.” See [ChargePoint, Inc. v. SemaConnect, Inc., 920 F.3d 759, 769 (Fed. Circ. 2019)] (explaining that an invention may not be patent eligible if the “claims ‘were drafted in such a result-oriented way that they amounted to encompassing the ‘principle in the abstract’ no matter how implemented’” (quoting Interval Licensing LLC v. AOL, Inc., 896 F.3d 1335, 1343 (Fed. Cir. 2018))); see also Finjan, Inc. v. Blue Coat Sys., Inc., 879 F.3d 1299, 1305 (Fed. Cir. 2018) (“[A] result, even an innovative result, is not itself patentable.”). Dropbox at 533. Appeal 2020-003790 Application 15/259,767 15 In this case, the claim steps do not recite how the CPN is automatically generated, how the transaction amount is extracted, or how the request is transmitted to the second computing system. The steps are recited in a “result-oriented way.” Steps [3], [4] and [5] of the claim state the result which is desired, but not how the result is accomplished. The Specification discloses generally that the computing device in configured to perform the claimed functions, but not specifically how. Spec. ¶ 40. In the section of the Specification titled: “Process for Generation and Usage of a Controlled Payment Number,” the Specification discloses that “the request may be submitted via an application program associated with the issuer system 110 used to supply the controlled payment” or in “other embodiments, the request may be submitted via a plug-in or other modification of the web browsing application program.” Spec ¶ 53. But neither of these disclosures explain in any detail how to specifically implement the method. Because the claim covers steps which are not limited in any meaningful way as to how they are implemented, we concluded that the claim encompasses the principle of the payment transaction in the abstract and therefore are not integrated into a practical application. Step 2B Because we determined that the judicial exception is not integrated into a practical application, we proceed to Step 2B of the Eligibility Guidance, which asks whether there is an inventive concept. In making this Step 2B determination, we must consider whether there are specific limitations or elements recited in the claim “that are not well-understood, routine, conventional activity in the field, which is indicative that an Appeal 2020-003790 Application 15/259,767 16 inventive concept may be present” or whether the claim “simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, indicative that an inventive concept may not be present.” Eligibility Guidance, 84 Fed. Reg. 56 (footnote omitted). We must also consider whether the combination of steps perform “in an unconventional way and therefore include an ‘inventive step,’ rendering the claim eligible at Step 2B.” Id. In this part of the analysis, we consider “the elements of each claim both individually and ‘as an ordered combination’” to determine “whether the additional elements ‘transform the nature of the claim’ into a patent- eligible application.” Alice, 573 U.S. at 217. As explained above, the receipt of the instruction to automatically generate a CPN and extract the transaction amount from the merchant’s webpage to generate the CPN request as recited in steps [3]–[5] of the claim are described in the Specification as an improvement to a conventional system using a CPN. However, the steps of the claim are not recited with adequate specificity to be more than the abstract idea, itself. The inventive step cannot reside in the abstract idea, itself. As held in Parker v. Flook, 437 U.S. 584, 591 (1978) “[t]he process itself, not merely the [abstract idea], must be new and useful.” Appellant argues that the extraction of the transaction amount from the webpage in step [4] is an additional element, which in combination with the other limitations in the claim are not well-understood, routine, or conventional activity, and therefore provide the inventive concept under Step 2B. Appeal Br. 14. Appellant points to paragraphs 7, 8, 55, and 60 of the Specification for how the transaction is accomplished. Appeal Br. 5. We Appeal 2020-003790 Application 15/259,767 17 have reviewed these disclosures and do not find that they disclose the specific way in which the transaction information is extracted. The data extraction method, itself, therefore appears to be conventional. Likewise, the Specification describes software available at the time of the invention for how the request for a CPN is submitted. Spec. ¶ 53. While there may be an improvement recited in the claim, the improvement is to the abstract idea and is implemented using well- understood, routine, or conventional activity. Thus, after considering the steps of the claim as an ordered combination, we conclude that claim 1 is direct to ineligible subject matter under 35 U.S.C. § 101. Claims 2–20 recite the same limitations and are unpatentable under § 101 for the same reasons. CONCLUSION In summary: Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–20 103 Matthews, Tichelaer 1–20 1–20 101 Eligibility 1–20 Overall Outcome 1–20 TIME PERIOD No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Copy with citationCopy as parenthetical citation