DETAILED ACTION
Status of the Application
This Office Action is in response to Application Serial 17/201,632. In response to the Examiner’s action mail dated on December 29, 2025, Applicant amended claims 1, 12 and 20, on mail date April 29, 2026. Claims 5, 6, 9, 10, 11, 16, and 17 are cancelled. Claims 1-4, 7-8, 12-15, and 18-20 are pending in this application.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Information Disclosure Statement
Applicant did not submit an information disclosure statement for consideration.
Response to Amendments
Claims 1-4, 7-8, 12-15, and 18-20 are pending in this application. The claims 1, 12 and 20 are amended. Claims 5, 6, 9, 10, 11, 16, and 17 are cancelled.
Regarding the 35 U.S.C. 101 rejection, the amendments are not persuasive. The claims 1-4, 7-8, 12-15, and 18-20 are rejected under 35 U.S.C. 101, see below.
Regarding the 35 U.S.C. 103 the pending claims were found allowable in the Office Action dated December 29, 2025.
Response to Arguments
Applicant’s arguments filed on April 29, 2026 have been fully considered but they are not persuasive and/or are moot in view of the revised rejections. Applicant’s arguments will be addressed herein below.
Claim Rejections under 35 U.S.C. 101
On pages 10-11 of the Applicant’s 35 U.S.C. 101 arguments, the Applicant traverses, Applicant has amended the claim 1 (and similarly claims 12 and 20) so that the claim is not directed toward judicial exception and are instead directed toward patentable subject matter. As such, Applicant submits that these rejections are rendered moot, at least in view of the amendments to claims contained herein.
Dependent claims 2-4 and 7, 8, and 11 ultimately depend from claim 1 and are therefore directed to patentable subject matter for at least similar reasons as claim 1. Claims 9 and 10 have been cancelled. Claims 13-15, 18, and 19 ultimately depend from claim 12 and are therefore directed to patentable subject matter for at least similar reasons as claim 12. Accordingly, for at least the above reasons, Applicant requests the Examiner reconsider and withdraw the rejections to claims 1-4, 7-15, and 18-20 under 35 U.S.C 101.
Examiner’s respectfully disagrees. The claims 1-4, 7-15, and 18-20 are examined under 35 U.S.C. 101 in light of Subject Matter Eligibility Guidance”. Claims 1-4, 7-8,11-15, and 18-20 in view of the limitation recites the abstract ideas of matching a requestor with a “surrogate” who can help with a task when the requestor is unavailable and these claims recite commercial interactions or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations), and thus, the claims recite certain methods of organizing human activity.
Furthermore, the claims recite … view a list or map of eligible surrogates … which is/are concepts performed in the human mind (including an observation, evaluation, judgement, opinion), and thus, the claims are recite mental processes.
The pending claims recite certain methods of organizing human activity and mental processes, and thus, the limitations of the claims recite an abstract idea. Since the claims recite an abstract idea, the claims are directed to a judicial exception at Step 2A prong one.
This judicial exception is not integrated into a practical application under the second prong of Step 2A. In light of the Applicant’s specification [027] – [029], [046]-[047]. The system 400 may include the requestor device 202, surrogate device 304, and/or the surrogacy provider device 206 the system 400 may further include a surrogate database 402 for storing storage information. The system 400 may further include a mapping service 404 for presenting a map to one or more presenter’s devices 202, and thus, the claims are adding the words “apply it” (or equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea – see MPEP 2106.05(f).
Although Applicant amended the claims to include the use of a map. The map is an output displayed on the processor. The claims are using a computer to display the map, which is apply it. See MPEP 2106.05(f).
Applicant is encouraged to point Examiner to the area in the specification, perhaps an algorithm, that determines the surrogacy match or adjusting as disclosed in the instant specification [046].
At Step 2B, the claims are considered as a whole. The claims are apply it. – See MPEP 2106.05 (f). Applicant amended the claims to include the limitations: wherein the respective surrogate includes a surrogate device comprising drone having capacity and authentication to perform functions associated with at least some of the surrogacy criteria. Pointing to specification [0134] and as recited in the limitations of the claims the drone is apply-it. See MPEP 2106.05 (f). The Applicant is encouraged to integrate the drone into the functions that the limitations are performing. The claims are not patent eligible.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-4, 7-8, 11 are machine.
Claims 12-15, 18-19 are process.
Claim 20 is manufacture.
Claims 5, 6, 9, 10, 11, 16, and 17 are cancelled.
Claims 1-4, 7-8,11-15, and 18-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims (claim 1 and similarly claims 12 and claim 20) recite, “… receive, … including requestor information and request information, … receive, at least, input from a requestor that corresponds to the requestor information and the request information, and wherein … generate … the input that corresponds to the requestor information and the request information; identify, using … , surrogacy criteria corresponding to the requestor information, wherein … includes at least one of a pet monitoring request. and a child or senior monitoring request: receive, … , … corresponds to a respective surrogate and … for a respective surrogate includes availability information for the respective surrogate and at least a copy of a state issued identification associated with a respective individual associated with the respective surrogate, wherein the respective surrogate includes … having capacity and authentication to perform functions associated with at least some of the surrogacy criteria; output, …, the availability information for each respective surrogate that meets the surrogacy criteria, wherein the availability information includes, for each respective surrogate, at least a surrogate name and cross streets associated with a surrogate location, generate, based on surrogate physical proximity to an address associated with the requestor and for output, a grid availability information, wherein, the surrogate proximity to the address associated with the requestor is determined based on the surrogacy criteria… , wherein the overlaid grid illustrates, on the rendering of the map … to allow the requestor to interact with aspects of the overlaid grid; identify, a street address associated with each respective surrogate location and selectively remove … , the identified street address associated with each respective surrogate location to protect privacy of each respective surrogate; receive a surrogate selection, wherein the requestor provides the surrogate selection based on the availability information and by interacting … ; determine, based on the surrogate selection and the copy of the state issued identification …, a surrogate; generate, based on the requestor information and the determined surrogate, surrogacy instructions; transmit, … , … including the surrogacy instructions; output, … the surrogacy instructions … ; and receive …a surrogacy end indicator, wherein … includes requestor location, the availability information includes a surrogate location, and the surrogacy criteria includes physical proximity between the requestor location and the surrogate location… ”. Claims 1-4, 7-8,11-15, and 18-20 in view of the limitations recite the abstract ideas of matching a requestor with a “surrogate” who can help with a task when the requestor is unavailable and these claims recite commercial interactions or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations), and thus, the claims recite certain methods of organizing human activity.
Furthermore, the claims recite … view a list or map of eligible surrogates … which is concepts performed in the human mind (including an observation, evaluation, judgement, opinion), and thus, the claims are recite mental processes.
The pending claim recites certain methods of organizing human activity and mental processes, and thus, the limitations of the claims recite an abstract idea. Since the claims recite an abstract idea, the claims are directed to a judicial exception at Step 2A prong one.
This judicial exception are not integrated into a practical application under the second prong of Step 2A. In particular, the claims recite the additional elements beyond the recited abstract idea of, “A system for online surrogacy comprising: a server computing device comprising: a processor; and a memory including instructions that, when executed by the processor, cause the processor to”, “from a first instance of a surrogate provider application executed on a requestor device, a request data object”, “the first instance of the surrogate provider application includes a software application executed on the requestor device and is configured to”, “the first instance of the surrogate provider application is further configured to”, “the request data object”, “via a network interface, a plurality of surrogate data objects, each surrogate data object”, “a surrogate device comprising drone”, “on a display associate with the requestor device”, “on the display associated with the requestor device,” “overlay the grid on a digital rendering of a map,” “ the display associated with the requestor device, wherein the overlaid grid is configured, ” “from the overlaid grid on the digital rendering of the map”, “the display associated with the requestor device”; “a second instance of the surrogate provider application executed on a surrogate device associated with the determined surrogate, a surrogacy instruction data object,” “a display device associated with the surrogate device,” “using the second instance of the surrogate provider application;” “a surrogacy end data object including a surrogacy end indicator,” in claim 1; and “ via a network interface at a server computing device from a first instance of a surrogate provider application executed on a requestor device, a request data object,” “the first instance of the surrogate provider application includes a software application executed on the requestor device and is configured to,” “the first instance of the surrogate provider application is further configured to,” “the request data object,” “at the server computing device, a plurality surrogate data objects, each surrogate data object corresponds”, “a corresponding surrogate data object,” “a surrogate device comprising drone,” “on a display associate with the requestor device,” “on the display associated with the requestor device as a grid,” “on a digital rendering of a map,” “on the display associated with the requestor device. wherein the overlaid grid is configured,” “on the digital rendering of the map,” “with the display associated with the requestor device;” “for surrogate data object,” “a second instance of the surrogate provider application executed on a surrogate device,” “a surrogacy instruction data object,” “a display device associated with the surrogate device,” “using the second instance of the surrogate provider application,” “a surrogacy end data object,” “the request data object;” in claim 12. “A non-transitory computer-readable storage medium, comprising executable instructions that, when executed by a processor, facilitate performance of operations, comprising:,” “via a network interface and from a first instance of a surrogate provider application executed on a requestor device, a request data object,” “the first instance of the surrogate provider application includes a software application executed on the requestor device and is configured,” “the first instance of the surrogate provider application is further configured to,” “the request data object,” “a plurality surrogate data objects, each surrogate data object,” “a surrogate device comprising drone,” “on a display associate with the requestor device,” “on the display associated with the requestor device as a grid,” “on a digital rendering of a map,” “on the display associated with the requestor device,” “a second instance of the surrogate provider application executed on a surrogate device associated with the determined surrogate, a surrogacy instruction data object,” “a display device associated with the surrogate device,” “using the second instance of the surrogate provider application,” “a surrogacy end data object,” in claim 20; however, when viewed as an ordered combination, and pursuant to the broadest reasonable interpretation, each of the additional elements are computing elements recite adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer or merely uses a computer as a tool to perform an abstract idea. – see MPEP 2106.05 (f).
Regarding the dependent claims. The dependent claims do not cite additional elements beyond the elements that are recited in the independent claims.
Accordingly, the additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing abstract idea at Step 2A prong two.
The claims also fail to recite any improvements to another technology or technical field, improvements to the functioning of the computer itself, use of a particular machine, effecting a transformation or reduction of a particular article to a different state or thing, adding unconventional steps that confine the claim to a particular useful application, and/or meaningful limitations beyond generally linking the use of an abstract idea to a particular environment.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, the additional elements when considered both individually and as an ordered combination do not amount to significantly more, - See MPEP 2106.05 (f) – mere instructions to apply an exception. The claims are not improvement at Step 2A prong two.
When evaluated at step 2B, it is MPEP 2106.05 (d) – Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information).
Examiner concludes that the additional elements in combination fail to amount to significantly more than the abstract idea based on findings that each element merely performs the same function (s) in combination as each element performs separately. The claim is not patent eligible. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified exception (the abstract idea). Looking at the limitation as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
Dependent claims 2-4, 7-8, 11 further narrow the abstract idea of independent claim 1. Dependent claims 13 – 15, 18-19 further narrow the abstract idea of independent claim 12. The claims 1-4, 7-8, 11-15, and 18-20 are not patent eligible.
Moreover, aside from the aforementioned additional elements, the remaining elements of dependent claims 1-4, 7-8, 11-15, and 18-20 do not transform the recited abstract idea into a patent eligible invention because these claims merely recite further limitations that provide no more than simply narrowing the recited abstract idea.
Since there are no limitations in these claims that transform the exception into a patent eligible application such that these claims amount to significantly more than the exception itself, claims 1-4, 7-8, 11-15, and 18-20 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/THEA LABOGIN/Examiner, Art Unit 3624 /PATRICIA H MUNSON/Supervisory Patent Examiner, Art Unit 3624
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