ISAACSON, Thomas M. et al.Download PDFPatent Trials and Appeals BoardAug 15, 201914046444 - (D) (P.T.A.B. Aug. 15, 2019) 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. 14/046,444 10/04/2013 Thomas M. ISAACSON 088-0104 3383 40271 7590 08/15/2019 Polsinelli PC 2810 Laurian Lane, Suite 300 Dunkirk, MD 20754 EXAMINER TROTTER, SCOTT S ART UNIT PAPER NUMBER 3696 NOTIFICATION DATE DELIVERY MODE 08/15/2019 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): athumann@polsinelli.com patentdocketing@polsinelli.com qle@polsinelli.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte THOMAS M. ISAACSON and CARY P. JENKINS ____________________ Appeal 2018-007650 Application 14/046,4441 Technology Center 3600 ____________________ Before JAMES W. DEJMEK, SCOTT B. HOWARD, and STEPHEN E. BELISLE, Administrative Patent Judges. DEJMEK, Administrative Patent Judge. DECISION ON APPEAL Appellants appeal under 35 U.S.C. § 134(a) from a Final Rejection of claims 1–15 and 17–20. Appellants have canceled claim 16. App. Br. 19. We have jurisdiction over the remaining pending claims under 35 U.S.C. § 6(b). We affirm. 1 Appellants identify Thomas M. Isaacson as the real party in interest. App. Br. 3. Appeal 2018-007650 Application 14/046,444 2 STATEMENT OF THE CASE Introduction Appellants’ disclosed and claimed invention generally relates to receiving an indication of the initiation of a purchasing transaction and performing an analysis of the financial condition of a user prior to the completion of the purchasing transaction. Spec. ¶¶ 2, 7–8. A user’s financial condition “may be their probability of default on one of their loans . . . or may relate to their retirement plans . . . or some other aspect of their financial condition.” Spec. ¶ 7. According to the Specification, by providing the results of the analysis of the user’s financial condition prior to the completion of the purchasing transaction, the user may be alerted to a potentially risky transaction. Spec. ¶¶ 8–11. Claim 1 is representative of the subject matter on appeal and is reproduced below: 1. A method comprising: receiving, via the Internet, an electronic indication of an initiation of a purchasing transaction for a product or a service by a user via a purchasing system; prior to completion of the purchasing transaction, performing, in real time, an analysis via a processor, assuming the completion of a purchase, of an effect of the purchase on a financial condition of the user, wherein the analysis of the financial condition of the user assuming the completion of the purchase is based on two or more of: an income of the user, mortgage information for the user received over the Internet from a mortgage company, student loan information for the user received over the Internet from a student loan company, credit card information for the user received over the Internet from a credit card company, bank information for the user received over the Internet from a bank, car loan information for the user received over the Internet from a car loan manager, investment Appeal 2018-007650 Application 14/046,444 3 information for the user received over the Internet from an investment manager, and retirement account information for the user received over the Internet from a retirement account manager; when the analysis yields a result which is above a threshold: presenting, via the Internet, an interactive notice to the user indicating that a change in the financial condition of the user would occur if the purchasing transaction where to be completed; receiving from the user via the interactive notice an indication identifying that the user desires to either complete the purchasing transaction or to discontinue the purchasing transaction; and providing an instruction to continue with the purchasing transaction when the indication is to complete the purchasing transaction; and when the analysis yields that the result is at or below the threshold, not presenting the interactive notice to the user. The Examiner’s Rejection Claims 1–15 and 17–20 stand rejected under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter. Final Act. 3–7. ANALYSIS2 Appellants dispute the Examiner’s conclusion that the pending claims are directed to patent-ineligible subject matter. App. Br. 5–13; Reply Br. 3– 2 Throughout this Decision, we have considered the Appeal Brief, filed August 14, 2017 (“App. Br.”); the Supplemental Appeal Brief, filed September 25, 2017 (“Supp. App. Br.”); the Reply Brief, filed July 17, 2018 (“Reply Br.”); the Examiner’s Answer, mailed May 17, 2018 (“Ans.”); and Appeal 2018-007650 Application 14/046,444 4 9. In particular, Appellants argue the Examiner mischaracterizes and oversimplifies the claims as being directed to “monitoring a user’s purchasing transactions and conducting a real-time analysis of the user’s financial condition based on the effects of those purchases before they are completed and if the effect exceeds a threshold, notifying the user of the change in the user’s financial condition th[e]n either completing or discontinuing the purchase based on the user’s actions.” App. Br. 5–7; Reply Br. 3–5. Appellants assert the claims do not “monitor” a user’s purchasing transactions and that the Examiner has not shown the claims are directed to a concept “long prevalent in our system of commerce.” App. Br. 5, 8–9; Reply Br. 4–5. Additionally, Appellants assert the claims were not properly analyzed under the Alice framework.3 App. Br. 8–9; Reply Br. 3–5. Moreover, Appellants argue the claimed approach “improve[s] computer related technology by allowing the computer . . . performance of a function not previously performed by the computer.” App. Br. 11–13. The Supreme Court’s two-step framework guides our analysis of patent eligibility under 35 U.S.C. § 101. Alice, 573 U.S. at 217. In addition, the Office recently published revised guidance for evaluating subject matter eligibility under 35 U.S.C. § 101, specifically with respect to applying the Alice framework. USPTO, 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (Jan. 7, 2019) (“Office Guidance”). If a claim falls within one of the statutory categories of patent eligibility (i.e., a process, machine, manufacture, or composition of matter) then the first the Final Office Action, mailed February 10, 2017 (“Final Act.”), from which this Appeal is taken. 3 Alice Pty. Ltd. Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014). Appeal 2018-007650 Application 14/046,444 5 inquiry is whether the claim is directed to one of the judicially recognized exceptions (i.e., a law of nature, a natural phenomenon, or an abstract idea). Alice, 573 U.S. at 217. As part of this inquiry, we must “look at the ‘focus of the claimed advance over the prior art’ to determine if the claim’s ‘character as a whole’ is directed to excluded subject matter.” Affinity Labs of Tex., LLC v. DIRECTV, LLC, 838 F.3d 1253, 1257 (Fed. Cir. 2016). Per Office Guidance, this first inquiry has two prongs of analysis: (i) does the claim recite a judicial exception (e.g., an abstract idea), and (ii) if so, is the judicial exception integrated into a practical application. See 84 Fed. Reg. at 54. Under the Office Guidance, if the judicial exception is integrated into a practical application, see infra, the claim is patent eligible under § 101. See 84 Fed. Reg. at 54–55. If the claim is directed to a judicial exception (i.e., recites a judicial exception and does not integrate the exception into a practical application), the next step is to determine whether any element, or combination of elements, amounts to significantly more than the judicial exception. Alice, 573 U.S. at 217; 84 Fed. Reg. at 56. Here, we conclude Appellants’ claims recite an abstract idea. More specifically, Appellants’ claims are generally directed to analyzing the impact of a pending purchase on the financial condition of a user (i.e., the would-be purchaser). This is consistent with how Appellants describe the claimed invention. See Spec. ¶¶ 2 (describing the disclosure relates to providing a financial condition evaluation to a purchaser when making a purchase), 10 (describing the disclosed system can perform an analysis of a financial condition implication of the purchase); App. Br. 7 (describing the claimed invention as receiving an indication of a purchasing transaction and performing an analysis of the purchase to the financial condition of the user). Appeal 2018-007650 Application 14/046,444 6 Analyzing the impact of a pending purchase on the financial condition of a user is a certain method of organizing human activity (e.g., a fundamental economic practice or commercial interaction, such as sales activities)—i.e., an abstract idea. See 84 Fed. Reg. at 52; see also Alice, 573 U.S. at 219–20 (concluding that use of a third party to mediate settlement risk is a “fundamental economic practice” and thus, an abstract idea); Bilski v. Kappos, 561 U.S. 593, 611–12 (2010) (concluding hedging to be a fundamental economic practice and, therefore, an abstract idea); Credit Acceptance Corp. v. Westlake Servs., 859 F.3d 1044, 1054 (Fed. Cir. 2017) (holding that “processing an application for financing a purchase” falls within certain methods of organizing human activities and is, therefore, an abstract idea). Additionally, contrary to Appellants’ assertions, analyzing the impact of a pending purchase on the financial condition of a user is long prevalent in our system of commerce. See, e.g., Theresa Freas, Credit through the Ages: Where it all Began, http://insight.equifax.com/the-history- of-consumer-credit/ (last visited Aug. 1, 2019). Further, if a claim, under its broadest reasonable interpretation, covers performance in the mind but for the recitation of generic computer components, then it is still in the mental processes category unless the claim cannot practically be performed in the mind. See Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1318 (Fed. Cir. 2016) (“[W]ith the exception of generic computer-implemented steps, there is nothing in the claims themselves that foreclose them from being performed by a human, mentally or with pen and paper.”); see also CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 1372 (Fed. Cir. 2011) (holding that the incidental use of “computer” or “computer readable medium” does not make Appeal 2018-007650 Application 14/046,444 7 a claim otherwise directed to process that “can be performed in the human mind, or by a human using a pen and paper” patent eligible); Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 71 (2012) (explaining mental processes are not patentable); and 84 Fed. Reg. at 52–53 nn.14–15. In particular, analyzing the impact of a pending purchase on the financial condition of a user can be performed by a human, mentally or with pen and paper. Consistent with our Office Guidance and case law, we conclude that analyzing the impact of a pending purchase on the financial condition of a user is a mental process (i.e., an evaluation) and, thus, an abstract idea. See 84 Fed. Reg. at 52; see also CyberSource, 654 F.3d at 1371–72 (concluding claims directed to “detecting credit card fraud based on information relating to past transactions” can be performed in the human mind and were drawn to a patent-ineligible mental process); FairWarning IP LLC v. Iatric Sys., Inc., 839 F.3d 1089, 1093–94 (Fed. Cir. 2016) (concluding claims directed to “collecting and analyzing information to detect misuse and notifying a user when misuse is detected” to be mental processes within the abstract-idea category). Additionally, we note that using a computer to perform tasks more quickly or efficiently does not confer patent eligibility on an otherwise ineligible abstract idea. See, e.g., Bancorp Servs., L.L.C. v. Sun Life Assurance Co. of Can. (U.S.), 687 F.3d 1266, 1278 (Fed. Cir. 2012), aff’g 771 F. Supp. 2d 1054, 1065 (E.D. Mo. 2011) (“[T]he fact that the required calculations could be performed more efficiently via a computer does not materially alter the patent eligibility of the claimed subject matter.”). Appeal 2018-007650 Application 14/046,444 8 Moreover, the United States Court of Appeals for the Federal Circuit has noted that, in certain instances, there may be an overlap between an abstract idea within the mathematical concepts category and an abstract idea within the mental processes category. See Elec. Power Grp., LLC v. Alstom S.A., 830 F.3d 1350, 1354 (Fed. Cir. 2016) (concluding that “analyzing information by steps people go through in their minds, or by mathematical algorithms, without more, as essentially mental processes within the abstract-idea category”). Further, merely combining several abstract ideas does not render the combination any less abstract. RecogniCorp, LLC v. Nintendo Co., LTD., 855 F.3d 1322, 1327 (Fed. Cir. 2017) (“Adding one abstract idea . . . to another abstract idea . . . does not render the claim non- abstract.”); see also FairWarning, 839 F.3d at 1094 (determining the pending claims were directed to a combination of abstract ideas). Claim 1 is reproduced below and includes the following claim limitations that recite analyzing the impact of a pending purchase on the financial condition of a user, emphasized in italics: 1. A method comprising: receiving, via the Internet, an electronic indication of an initiation of a purchasing transaction for a product or a service by a user via a purchasing system; prior to completion of the purchasing transaction, performing, in real time, an analysis via a processor, assuming the completion of a purchase, of an effect of the purchase on a financial condition of the user, wherein the analysis of the financial condition of the user assuming the completion of the purchase is based on two or more of: an income of the user, mortgage information for the user received over the Internet from a mortgage company, student loan information for the user received over the Internet from a student loan company, credit card information for the user received over the Internet from a Appeal 2018-007650 Application 14/046,444 9 credit card company, bank information for the user received over the Internet from a bank, car loan information for the user received over the Internet from a car loan manager, investment information for the user received over the Internet from an investment manager, and retirement account information for the user received over the Internet from a retirement account manager; when the analysis yields a result which is above a threshold: presenting, via the Internet, an interactive notice to the user indicating that a change in the financial condition of the user would occur if the purchasing transaction where to be completed; receiving from the user via the interactive notice an indication identifying that the user desires to either complete the purchasing transaction or to discontinue the purchasing transaction; and providing an instruction to continue with the purchasing transaction when the indication is to complete the purchasing transaction; and when the analysis yields that the result is at or below the threshold, not presenting the interactive notice to the user. More particularly, the concept of analyzing the impact of a pending purchase on the financial condition of a user comprises (i) receiving an indication that a purchasing transaction is pending (i.e., the claimed step of receiving an electronic indication of an initiation of a purchasing transaction; and (ii) performing an analysis of the effect of the pending purchase on the financial condition of the purchaser based on relevant data (i.e., the claimed step of performing an analysis of the financial condition of the user based on received financially related data about the user). Because the claim recites a judicial exception, we next determine whether the claim integrates the judicial exception into a practical Appeal 2018-007650 Application 14/046,444 10 application. 84 Fed. Reg. at 54. To determine whether the judicial exception is integrated into a practical application, we identify whether there are “any additional elements recited in the claim beyond the judicial exception(s)” and evaluate those elements to determine whether they integrate the judicial exception into a recognized practical application. 84 Fed. Reg. at 54–55 (emphasis added); see also Manual of Patent Examining Procedure (“MPEP”) § 2106.05(a)–(c), (e)–(h) (9th ed. Rev. 08.2017, Jan. 2018). Here, we find the additional limitation(s) do not integrate the judicial exception into a practical application. In particular, the claims do not recite (i) an improvement to the functionality of a computer or other technology or technical field (see MPEP § 2106.05(a)); (ii) use a “particular machine” to apply or use the judicial exception (see MPEP § 2106.05(b)); (iii) a particular transformation of an article to a different thing or state (see MPEP § 2106.05(c)); or (iv) any other meaningful limitation (see MPEP § 2106.05(e)). See 84 Fed. Reg. at 55; see also Final Act. 6–7. Rather, the additional elements recite, inter alia, that the abstract idea is performed by sending and receiving data over the Internet. Additionally, the claimed steps of presenting the results of the analysis (if a threshold has been exceeded) and receiving a user response to complete or discontinue the purchase, or not presenting the results to the user of the results of the analysis are below a threshold are the types of extra-solution activities (i.e., in addition to the judicial exception) the courts have determined insufficient to transform judicially excepted subject matter into a patent-eligible application. See MPEP § 2106.05(g); see also Parker v. Flook, 437 U.S. 584, 590 (1978) (explaining “[t]he notion that post-solution activity, no matter how Appeal 2018-007650 Application 14/046,444 11 conventional or obvious in itself, can transform an unpatentable principle into a patentable process exalts form over substance”); Elec. Power Grp., LLC v. Alstom S.A., 830 F.3d 1350, 1354 (Fed. Cir. 2016) (recognizing “that merely presenting the results of abstract processes of collecting and analyzing information, without more (such as identifying a particular tool for presentation), is abstract as an ancillary part of such collection and analysis”); Bancorp Servs., 771 F. Supp. 2d at 1065 (explaining that “storing, retrieving, and providing data . . . are inconsequential data gathering and insignificant post solution activity”). Additionally, we disagree with Appellants (see App. Br. 11–12) that the claims recite an advancement over conventional computer technology. Notably, Appellants assert the pending claims set forth a set of rules that improve computer related technology “by allowing the computer . . . performance of a function not previously performed by the computer.” App. Br. 12. “[T]he fact that the required calculations could be performed more efficiently via a computer does not materially alter the patent eligibility of the claimed subject matter.” Bancorp, 687 F.3d at 1278; see also OIP Techs., Inc. v. Amazon.com, Inc., 788 F. 3d 1359, 1363 (Fed. Cir. 2015) (explaining that “relying on a computer to perform routine tasks more quickly or more accurately is insufficient to render a claim patent eligible”) (citing Alice, 573 U.S. at 224 (“use of a computer to create electronic records, track multiple transactions, and issue simultaneous instructions” is not an inventive concept)); see also Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335–36 (Fed. Cir. 2016) (distinguishing between claims wherein the focus of the claims is on an improvement in computer capabilities and those that invoke a computer as a tool). Appeal 2018-007650 Application 14/046,444 12 For at least the foregoing reasons, the claims do not integrate the judicial exception into a practical application. Because we determine the claims are directed to an abstract idea or combination of abstract ideas, we analyze the claims under step two of Alice to determine if there are additional limitations that individually, or as an ordered combination, ensure the claims amount to “significantly more” than the abstract idea. Alice, 573 U.S. at 217–18 (citing Mayo, 566 U.S. at 77– 79). As stated in the Office Guidance, many of the considerations to determine whether the claims amount to “significantly more” under step two of the Alice framework are already considered as part of determining whether the judicial exception has been integrated into a practical application. See 84 Fed. Reg. at 56. Thus, at this point of our analysis, we determine if the claims add a specific limitation, or combination of limitations, that is not well-understood, routine, conventional activity in the field, or simply appends well-understood, routine, conventional activities at a high level of generality. See 84 Fed. Reg. at 56. Here, Appellants’ claims do not recite specific limitations (or a combination of limitations) that are not well-understood, routine, and conventional. The claims (see, e.g., independent claims 1, 12, and 17) merely recite generic computer components (e.g., a computing device, a processor, and memory) performing generic computing functions (e.g., receiving and transmitting data, processing data, and displaying the results of the data processing). See Mortgage Grader, Inc. v. First Choice Loan Servs. Inc., 811 F.3d 1314, 1324–25 (Fed. Cir. 2016) (generic computer components, such as an “interface,” “network,” and “database,” fail to satisfy the inventive concept requirement); see also Alice, 573 U.S. at Appeal 2018-007650 Application 14/046,444 13 226 at 2360 (“Nearly every computer will include a ‘communications controller’ and a ‘data storage unit’ capable of performing the basic calculation, storage, and transmission functions required by the method claims.”); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355 (Fed. Cir. 2014) (“That a computer receives and sends the information over a network—with no further specification—is not even arguably inventive.”); and Ans. 8–9. Moreover, we note Appellants describe the various components at a generic, high level. See Spec. ¶¶ 24–27, Fig. 1. Further, to the extent Appellants are asserting a lack of rejection under Sections 102 and/or 103 suggests the instant claims do not recite well understood, routine, or conventional activities or, otherwise, recite an inventive concept (see, e.g., App. Br. 9–10), we are not persuaded. Subject- matter eligibility under 35 U.S.C. § 101 is a requirement separate from other patentability inquiries. See Mayo, 566 U.S. at 90 (recognizing that the § 101 inquiry and other patentability inquiries “might sometimes overlap,” but that “shift[ing] the patent-eligibility inquiry entirely to these [other] sections risks creating significantly greater legal uncertainty, while assuming that those sections can do work that they are not equipped to do”); see also Diehr, 450 U.S. at 188–89 (“[t]he ‘novelty’ of any element or steps in a process, or even of the process itself, is of no relevance in determining whether the subject matter of a claim falls within the § 101 categories of possibly patentable subject matter”); Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576, 591 (2013) (“Groundbreaking, innovative, or even brilliant discovery does not by itself satisfy the § 101 inquiry.”); Two-Way Media Ltd. v. Comcast Cable Commc’ns, LLC, 874 Appeal 2018-007650 Application 14/046,444 14 F.3d 1329, 1340 (Fed. Cir. 2017) (“[e]ligibility and novelty are separate inquiries”). Additionally, to the extent Appellants contend the claims do not seek to tie-up (i.e., preempt) an abstract idea (see App. Br. 10–11; Reply Br. 8–9), we are unpersuaded of Examiner error. “‘[W]hile preemption may signal patent ineligible subject matter, the absence of complete preemption does not demonstrate patent eligibility.’” FairWarning IP, 839 F.3d at 1098 (quoting Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1379 (Fed. Cir. 2015)); see also OIP Techs., 788 F.3d at 1362–63 (“[T]hat the claims do not preempt all price optimization or may be limited to price optimization in the e-commerce setting do not make them any less abstract.”). Further, “[w]here a patent’s claims are deemed only to disclose patent ineligible subject matter under the Mayo framework, as they are in this case, preemption concerns are fully addressed and made moot.” Ariosa, 788 F.3d at 1379. For the reasons discussed supra, we are unpersuaded of Examiner error. Accordingly, we sustain the Examiner’s rejection of claims 1–15 and 17–20 under 35 U.S.C. § 101. See 37 C.F.R. § 41.37(c)(1)(iv) (2016). DECISION We affirm the Examiner’s decision rejecting claims 1–15 and 17–20 under 35 U.S.C. § 101. Appeal 2018-007650 Application 14/046,444 15 No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 41.50(f). AFFIRMED Notice of References Cited Application/Control No. 14/046,444 Applicant(s)/Patent Under Patent Appeal No. 2018-007650 Examiner Art Unit 3696 Page 1 of 1 U.S. PATENT DOCUMENTS * Document Number Country Code-Number-Kind Code Date MM-YYYY Name Classification A US- B US- C US- D US- E US- F US- G US- H US- I US- J US- K US- L US- M US- FOREIGN PATENT DOCUMENTS * Document Number Country Code-Number-Kind Code Date MM-YYYY Country Name Classification N O P Q R S T NON-PATENT DOCUMENTS * Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages) U Theresa Freas, Credit through the Ages: Where it all Began, http://insight.equifax.com/the-history-of- consumer-credit/ (last visited Aug. 1, 2019) V W X *A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign. U.S. Patent and Trademark Office PTO-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. Generate Leads / Apr 27th, 2018 Credit through the Ages: Where it all Began By Theresa Freas Exploding volumes of data and staggering advances in analytics and technology provide financial institutions with limitless opportunities to assess and predict consumer financial behavior. Financial institutions use this insight to inform credit decisioning, acquisition and account management strategies. But where did it all begin? Just where did the concept of credit get its start? Join Equifax and Visual Capitalist as we journey through time and explore the evolution of credit. In this three-part series, we’ll visit the earliest days of consumer credit to better understand how the credit system has evolved over time. We’ll then explore the impact on consumer credit of present-day analytic techniques and machine learning. And finally, we’ll journey into the future and share a sneak peek into consumer credit decisioning, acquisition and account management strategies of tomorrow. Are you ready? Part 1: The History of Consumer Credit Today, financial institutions use credit reports to inform decisions about housing, employment, insurance and utilities deposits. Consumers and businesses alike rely on forms of credit. They buy many big-ticket items (homes, autos, appliances, and vacations), as well as everyday goods (groceries, clothing and medicine). But where did this system of credit all begin? To understand our modern-day system of credit, we need to take a step back in time. Our journey starts over 5,000 years ago in Sumer where it is thought that consumer loans make their first appearance for agricultural purposes[1]. Fast forward 1,700 years to Babylonian SEARCH BLOGINSIGHTS BLOG TOPICS INDUSTRIES Support PERSONAL BUSINESS GOVERNMENT ABOUT US Page 1 of 4Credit through the Ages: Where it all Began - Equifax Insights Blog 8/1/2019https://insight.equifax.com/the-history-of-consumer-credit/ RECOMMENDED FOR YOU Leverage Analytics and Insights / Jul 31st, 2019 Trended Data – Minimize Risk and Head Off Default Leverage Analytics and Insights / Jul 26th, 2019 Trended Data – Impact on Credit Decisions times when The Code of Hammurabi is written, formalizing the first known laws around credit[2]. They establish maximum interest rates, and now a public official must witness loans and record them as a contract to be legally valid. Fast-forward a few thousand years more to 800 AD and the fall of the Western Roman Empire. Under Charlemagne’s rule (768-814 AD), the Church bans usury for all laymen and economic activity grinds to a halt[3]. As we skip ahead a few more years to 1787, English Philosopher Jeremy Bentham writes “A Defense of Usury,” a treatise arguing that restrictions on interest rates harm the ability to raise capital for innovation[4]. Retail Credit Company is Born As we head into the early 19th century, the roots of our modern day system of credit reporting take hold when a group of English tailors come together to swap information about customers who fail to settle their debts[5]. Crossing the pond, the oldest of today’s three major credit reporting agencies in the U.S. – the Retail Credit Company – is established in 1899, compiling an extensive list of creditworthy customers[6]. Today, we know the company as Equifax. In the 1950s-60s, credit records were maintained on index cards stored in filing cabinets[7]. In 1964, The U.S. Association of Credit Bureaus studies the application of computer technologies in credit reporting. Around this same time, credit application forms become standardized[8]. In 1970, the Fair Credit Reporting Act is passed in the U.S., establishing a standard legal framework for credit reporting[9]. Finally, in 1989 credit bureaus introduce credit scoring, quickly becoming a standard system to measure credit in the U.S.[10] This system of credit scoring remains largely unchanged. However, there are great advances in analytics and technology leading the way to improved credit decisioning. In part two of our three-part series, we’ll discuss how those advances impact credit decisioning, acquisition and account management. To discuss the future of consumer credit with one of our experts, contact us now, or read more about alternative data, trended data and neural networks at www.equifax.com/business/. This is part one in a series of articles on the evolution of credit, based on a three-part infographics series with Visual Capitalist. Sources: Visual Capitalist [1] Quantum Future Group (http://cof.quantumfuturegroup.org/events/5461) [2] Armstrong Economics (https://www.armstrongeconomics.com/research/a-brief-history-of-world-creditinterest-rates/3000-b-c-500-a-d-the- ancient-economy/) [3] The Guardian (https://www.theguardian.com/notesandqueries/query/0,5753,-1030,00.html) [4] New World Encyclopedia (http://www.newworldencyclopedia.org/entry/Jeremy_Bentham) [5] Denver Post (http://www.denverpost.com/2005/08/08/credit-gets-closer-look/) [6] Time (http://time.com/3961676/history-credit-scores/) [7] Philadelphia Fed (https://www.philadelphiafed.org/-/media/consumer-credit-andpayments/payment-cards- center/publications/discussionpapers/2002/CreditReportingHistory_062002.pdf) [8] New Research in Corporate Finance and Banking – Biaise, Bruno; Pagano, Marco (http://bit.ly/2xqx2zc) [9] The Balance (https://www.thebalance.com/fair-credit-reporting-act-of-1970-1947567) [10] MyFico (http://www.myfico.com/credit-education/credit-score-versions/) CATEGORIES Banking and Lending Mortgage Generate Leads Improve Customer Experiences Leverage Analytics and Insights Prevent Fraud TAGS Consumer Credit Data Page 2 of 4Credit through the Ages: Where it all Began - Equifax Insights Blog 8/1/2019https://insight.equifax.com/the-history-of-consumer-credit/ This is the third article in a 5-part series. We originally published this post on December 20, 2016, and updated it […] Leverage Analytics and Insights / Jun 3rd, 2019 Infographic: Alternative Data Sheds Light on Credit Invisibles Lenders have historically used credit data to score consumers. But the problem with this approach is that it prevents lenders […] Manage Loans / Aug 28th, 2018 Getting to Know CECL This is the first in a three-part series from guest blogger, Cris deRitis, PhD, Senior Director at Moody’s Analytics An obscure […] Page 3 of 4Credit through the Ages: Where it all Began - Equifax Insights Blog 8/1/2019https://insight.equifax.com/the-history-of-consumer-credit/ Theresa Freas As Senior Director of Portfolio Marketing at Equifax, Theresa leads marketing strategy and execution for the company’s financial services portfolio and enterprise capabilities. In this role, she is responsible for developing and implementing integrated marketing campaigns, including thought leadership, sales enablement and demand generation that support the portfolio. Theresa and her team received a 2018 Killer Content Award for Measurable R[...] VIEW MORE FROM THIS AUTHOR HOT TOPICS Credit Reports ACA Risk Analytics Employment Data SECURITY Security Breach Alerts RESOURCES Videos Product Sheets Infographics Insights MORE Careers Contact Us Pay Invoice Furnishing Data to Equifax Model Risk Management Supplier Diversity CONNECT WITH US Find us on Facebook Follow us on Twitter Visit us on Linkedin CUSTOMER SUPPORT Business Personal Solutions Privacy Policy Terms of Use FACT Act Sitemap Connect with Us Copyright 2018 Equifax, Inc. All rights reserved Equifax and the Equifax marks used herein are trademarks of Equifax Inc. Other product and company names mentioned herein are the property of their respective owners. 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