DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/10/2026 has been entered.
Status of the Application
This is a Non-Final Action in response to the claims and remarks submitted on 02/10/2026.
Claims 1-2, 10, 12-14 are amended.
Claims 1-16 are examined herein.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “development influence degree calculation unit”, “project/result management unit”, and “contract condition decision unit” in claims 1 and 10; “an invitation/application management unit”, “development influence degree calculation unit” and “contract condition decision unit” in claim 2; “project/result management unit” in claim 6, “a credit score calculation unit” in claim 8.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
Claim limitation ““development influence degree calculation unit”, “project/result management unit”, and “contract condition decision unit” in claims 1 and 10; “an invitation/application management unit”, “development influence degree calculation unit” and “contract condition decision unit” in claim 2; “project/result management unit” in claim 6, “a credit score calculation unit” in claim 8” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The originally filed specification does not specify the structural elements of the units. For examination purposes the units are interpreted as software. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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 1-16 are rejected under 35 U.S.C. 101 because the claims are directed to an abstract idea without significantly more.
With respect to Step 1 of the eligibility inquiry (as explained in MPEP 2106), it is first noted that the method (claims 1 and 19), and system (claim 12) are directed to at least one potentially eligible category of subject matter (i.e., process and machine, respectively). Thus, Step 1 of the Subject Matter Eligibility test for claims 1-16 is satisfied.
With respect to Step 2A Prong One, it is next noted that the claims recite an abstract idea that falls under the “Certain Methods Of Organizing Human Activity” and “Mental Processes” group within the enumerated groupings of abstract ideas set forth in the MPEP 2106 since the claims set forth steps that recite commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations) and concepts performed in the human mind (including an observation, evaluation, judgment, opinion). Claims 1 and 10 recites the abstract idea of assisting intermediation between a developer of a solution product and a user (see paragraphs 001, 003). This idea is described by the following claim steps:
wherein prior to development of the solution product, a market place that performs a transaction involved in use of the solution product is actively offered to the developer and the user;
calculate a ratio of committed use amounts to minimum use amounts by executing arithmetic operations on data retrieved from a development initiation condition field and a use commitment field to calculate development influence degrees; and
automatically update utilization projects and trigger contract condition updates when differences between stored planned use amount values and actual use amount values exceed predetermined thresholds; and
decide a contract condition between the developer and the user based on the development influence degree calculated.
This idea falls within the certain methods of organizing human activity grouping of abstract ideas because it is directed towards commercial interactions (including sales activities or behaviors; business relations) such that as required when assisting intermediation between a developer of a solution product and a user [001]. The noted abstract idea is also directed to observation, evaluation of the data to develop an opinion when identifying a minimum use amount and comparing the data to calculate influence degrees and determine utilization differences.
With respect to independent claim 10, the limitations reciting the abstract idea are indicated in bold below:
offers a market place involved in a transaction of a solution product to a developer who develops the solution product and a user who uses the solution product prior to development of the solution product and that assists intermediation between the developer and the user;
actively perform a use invitation using the solution product on the market place based on invitation information registered beforehand by the developer;
actively accept an application by the user to the use invitation and sets a utilization project of the solution product by the user, and store both invitation information and application information;
calculate a development influence degree of the solution product on the utilization project by calculating a ratio of committed use amounts to minimum use amounts through executing arithmetic operations on data retrieved from a development initiation condition field and a use commitment field, wherein the minimum use amount is necessary for initiation of development of the solution product; and
decide a contract condition between the developer and the user based on the development influence degree, wherein reward and penalty conditions are tied to whether the user achieves the committed use amount of the solution product.
This idea falls within the certain methods of organizing human activity grouping of abstract ideas because it is directed towards commercial interactions (including sales activities or behaviors; business relations) such that as required when assisting intermediation between a developer of a solution product and a user [001]. The noted abstract idea is also directed to observation, evaluation of the data to develop an opinion when identifying a minimum use amount and comparing the data to calculate influence degrees and determine utilization differences.
Because the above-noted limitations recite steps falling within the Certain Methods Of Organizing Human Activity and Mental Processes abstract idea groupings of the MPEP 2106, they have been determined to recite at least one abstract idea when evaluated under Step 2A Prong One of the eligibility inquiry.
Therefore, because the limitations above set forth activities falling within the Certain Methods Of Organizing Human Activity and Mental Processes abstract idea groupings described in the MPEP 2106, the additional elements recited in the claims are further evaluated, individually and in combination, under Step 2A Prong Two and Step 2B below.
With respect to Step 2A Prong Two, the judicial exception is not integrated into a practical application. The additional elements that fail to integrate the abstract idea into a practical application are:
a processor;
a development influence calculation unit;
a project/result management unit;
a contract condition decision unit; and
a computer.
However, using a computer environment such as a processor and software (i.e. units) amounts to no more than generally linking the use of the abstract idea to a particular technological environment. Assisting intermediation between a developer of a solution product and a user can reasonably be performed by pencil and paper until limited to a computerized environment by requiring the use of a computer, software and a processor.
These additional elements have been evaluated, but fail to integrate the abstract idea into a practical application because they amount to using generic computing elements or computer-executable instructions (software) to perform the abstract idea, similar to adding the words “apply it” (or an equivalent), and alternatively serve to link the use of the judicial exception to a particular technological environment. See MPEP 2106.05(f) and 2106.05(h).
In addition, these limitations fail to provide an improvement to the functioning of a computer or to any other technology or technical field, fail to apply the exception with a particular machine, fail to apply the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, fail to effect a transformation of a particular article to a different state or thing, and fail to apply/use the abstract idea in a meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, because the Step 2A Prong One and Prong Two analysis resulted in the conclusion that the claims are directed to an abstract idea, additional analysis under Step 2B of the eligibility inquiry must be conducted in order to determine whether any claim element or combination of elements amount to significantly more than the judicial exception.
With respect to Step 2B of the eligibility inquiry, it has been determined that the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As noted above, the claims as a whole merely describes a method, computer system, and computer program product that generally “apply” the concepts discussed in prong 1 above. (See MPEP 2106.05 f (II)) In particular applicant has recited the computing components at a high-level of generality such that it amounts to no more than mere instructions to apply the exception using generic computer components. As the court stated in TLI Communications v. LLC v. AV Automotive LLC, 823 F.3d 607, 613 (Fed. Cir. 2016) merely invoking generic computing components or machinery that perform their functions in their ordinary capacity to facilitate the abstract idea are mere instructions to implement the abstract idea within a computing environment and does not add significantly more to the abstract idea. Accordingly, these additional computer components do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Therefore, even when viewed as a whole, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea and as a result the claim is not patent eligible.
In addition, when taken as an ordered combination, the ordered combination adds nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements integrates the abstract idea into a practical application. Their collective functions merely provide generic computer implementation. Therefore, when viewed as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a practical application of the abstract idea or that, as an ordered combination, amount to significantly more than the abstract idea itself.
For the reasons identified with respect to Step 2A, prong 2, claims 1 and 10 fail to recite additional elements that amount to an inventive concept. For example, use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a commercial or legal interaction or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more (see MPEP 2106.05(g)). In addition, limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application (see MPEP 2106.05(h)).
Dependent claims 2-9 and 11-16 recite the same abstract idea as recited in the independent claims, and when evaluated under Step 2A Prong One are found to merely recite details that serve to narrow the same abstract idea recited in the independent claims accompanied by the same generic computing elements or software as those addressed above in the discussion of the independent claims, which is not sufficient to amount to a practical application or add significantly more, or other additional elements that fail to amount to a practical application or add significantly more, as noted above.
Dependent claims 2-9 and 11-16 further limits the abstract idea by narrowing the abstract idea and linking the judicial exception to a particular technological environment by introducing limitations requiring different “units” that appear to be related to software components. However, further embellishing that the invention is capable of processing information in a generic computing environment does not integrate the abstract idea into a practical application or adds significantly more to the abstract idea. Therefore the claims are also non-statutory subject matter.
The ordered combination of elements in the dependent claims (including the limitations inherited from the parent claim(s)) add nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology, and the collective functions merely provide high level of generality computer implementation. Therefore, whether taken individually or as an order combination, the claims are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
For more information see MPEP 2106.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s)1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamal (US Patent Publication 2003/0046141).
Regarding claim 1, Kamal discloses an information processor that assists intermediation between a developer who develops a solution product and a user who uses the solution (abstract),
wherein prior to development of the solution product, a market place that performs a transaction involved in use of the solution product is actively offered to the developer and the user by the information processor (abstract, [0007] Accordingly, it is an object of the present invention to provide a method for strategic product planning by which firm product purchase commitments are negotiated with subjects in advance of, or simultaneous with, the full introduction of the product.), wherein the information processor includes;
a development influence degree calculation unit that calculates a ratio of committed use amounts to minimum use amounts by executing arithmetic operations on data retrieved from a development initiation condition field and a use commitment field to calculate development influence degrees ([0011] Based on the number, level and type of firm commitments (individual, aggregate or clustered), strategic product decisions can be made during and after the commitment collection process. [026] Specifically, at step 104 the subject has the ability to make one or more commitments to indicate his/her support for one or more products. These commitments are typically obtained and stored electronically. [0027] At step 106, commitments are continuously profiled and analyzed, along with information on subjects. Various types of analysis may be performed on the commitments, ranging from cluster analysis to multivariate regression or time series analysis. Correlation and predictive analyses may also be performed to evaluate the impact of or correlation of commitments with such items as products gross sales, rate of sales, subject demographics and market penetrations. [0028] At step 108, once either a specified time period has elapsed and/or a specified number, type or set of commitments has been received, the commitment collection process for the product or product set is ended, either manually or automatically by the system. See claim 2 The method for product planning according to claim 1, further comprising the step of sponsoring products that attain predetermined minimum number of commitments. See also Figure 3 providing an example.): and
a project/result management unit that automatically updates utilization projects and triggers contract condition updates when differences between stored planned use amount values and actual use amount values exceed predetermined thresholds ([0030] As shown at step 112, the analyses of commitments and subjects from step 110 are used to make decisions related to the product(s), including the use of aggregated, clustered or individual effects of commitments and/or committing subjects to make product/product category budgeting, financial, product development, marketing, production, manufacturing and inventory decisions. These decisions may be manual or rules-based automatic decisions. [0031] As shown at step 114, after the commitment collection period commitments and benefits provision are fulfilled by the appropriate parties, and the fulfillment of commitments and benefits provision are monitored. In some cases, fulfillment may be electronic; in others, physical (for example, product delivery); or a combination of both. Information on these various aspects of commitment and benefit fulfillment is collected in conventional ways to enable monitoring and tracking. See also claim 3. The method for product planning according to claim 3, wherein said commitments further comprise a predetermined monetary amount payable contingent on the respective product receiving a predetermined minimum number of commitments.); and
a contract condition decision unit that decides a contract condition between the developer and the user based on the development influence degree calculated by the development influence degree calculation unit ([0031] As shown at step 114, after the commitment collection period commitments and benefits provision are fulfilled by the appropriate parties, and the fulfillment of commitments and benefits provision are monitored. In some cases, fulfillment may be electronic; in others, physical (for example, product delivery); or a combination of both. Information on these various aspects of commitment and benefit fulfillment is collected in conventional ways to enable monitoring and tracking. [0033] Screen 30 reflects a variety of specific benefit or benefits to be provided in exchange for the commitment choice by the subject. In this example the benefits include the early provision of the product to the subject, plus a user-selectable choice between a specified share in the revenues that are obtained from the product, or a success-based percentage discount on the anticipated product sales price. See also [049] providing an example of an agreed condition based on the calculated commitment obtained, wherein the calculated commitment obtained is based on a calculation of a an actual user commitment vs a minimum user commitment.).
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-14 and 16 is/are rejected under 35 U.S.C. 103 as being anticipated by Kamal (US Patent Publication 2003/0046141) in view of Milkurak (US Patent Publication 2006/0178918).
Regarding claim 2, Kamal discloses
wherein the information processor further comprises:
an invitation/application management unit that performs use invitation using the solution product on the market place based on invitation information registered beforehand by the developer, that actively accepts an application by the user to the use invitation, and that actively sets a utilization project of the solution product by the user, and that stores both invitation information and application information in storage ([0022] As the cycle begins, at step 100 the initial presentation of product categories, products or set of products is typically made to the user through an electronic system, device or computer. The presentation includes a written and, as applicable, model/pictorial/3-D list of products, with a description of each product along with, as appropriate, audio and/or video samples, previews or prototypes. Product descriptions will obviously vary depending on the specific product category, but may include an overview of the product, purpose of the product, target market, information on features or proposed features, financial details on the product, creative aspects of the product, people involved in the product and if relevant, an electronic depiction or sample of the product. Examples of product categories include music, episodic series, games, toys, sporting goods, fragrances, apparel, and motion pictures. Examples of products include a band or song, a television series, a computer game, a toy, a sporting good, an automobile, a fragrance, an article or line of apparel, and a film. Example depictions that will be presented to the subject include a music sample, a series pilot visual/video excerpt, a game level, a toy mock-up, a sporting good prototype, a 3-D automobile concept, a scent, an apparel picture, and a film excerpt or rough cut excerpt. [0007] Accordingly, it is an object of the present invention to provide a method for strategic product planning by which firm product purchase commitments are negotiated with subjects in advance of, or simultaneous with, the full introduction of the product.);
a development influence degree calculation unit that actively calculates a development influence degree of the solution product on the utilization project, wherein the development influence degree is calculated as a ratio of a committed use amount of the solution product committed by the user to a minimum use amount necessary for initiation of development of the solution product ([0011] Based on the number, level and type of firm commitments (individual, aggregate or clustered), strategic product decisions can be made during and after the commitment collection process. [026] Specifically, at step 104 the subject has the ability to make one or more commitments to indicate his/her support for one or more products. These commitments are typically obtained and stored electronically. [0027] At step 106, commitments are continuously profiled and analyzed, along with information on subjects. Various types of analysis may be performed on the commitments, ranging from cluster analysis to multivariate regression or time series analysis. Correlation and predictive analyses may also be performed to evaluate the impact of or correlation of commitments with such items as products gross sales, rate of sales, subject demographics and market penetrations. [0028] At step 108, once either a specified time period has elapsed and/or a specified number, type or set of commitments has been received, the commitment collection process for the product or product set is ended, either manually or automatically by the system. See claim 2 The method for product planning according to claim 1, further comprising the step of sponsoring products that attain a predetermined minimum number of commitments. See also Figure 3 providing an example.); and
a contract condition decision unit that actively decides a contract condition between the developer and the user based on the development influence degree, and that dynamically updates contract conditions based on stored reward fields, wherein the reward conditions are tied to whether the user achieves the committed use amount of the solution product ([010] . In exchange for agreeing to these firm commitments, subjects are guaranteed one or more specific benefits, which may also be contingent, and may also be tiered, for instance, based on the achievement of specific post-launch sales goals. Commitments are monitored and extensively analyzed. [0023] As shown at step 102, subjects are presented with commitment requests in conjunction with presentation of each product. In each case a commitment is requested of the subject in order to obtain specified benefits related to that product. [0025] In conjunction with the step 102 presentation of the product or product set, or at another time prior to or along with the presentation of the commitment requests, the specific benefit or benefits to be provided in exchange for the commitment are also described to the subject. Benefits can range widely, and could include both financial and non-financial benefits. Benefits may also be tiered based on various factors, including the number and type of commitments obtained, and the post-launch success of the product. Examples of benefits include a success-based discount on the expected market price of the product, the early provision of the product to the subject, the ability to influence feature selection, or the ability to receive benefits tied to the success of the product. This latter category of benefits can include, for example, a tiered or non-tiered share in the revenues that are obtained from the product. [0033] Screen 30 reflects a variety of specific benefit or benefits to be provided in exchange for the commitment choice by the subject. In this example the benefits include the early provision of the product to the subject, plus a user-selectable choice between a specified share in the revenues that are obtained from the product, or a success-based percentage discount on the anticipated product sales price.).
Kamal provides an environment where a developer and a user are assisted in working on product and services solution. Kamal disclose a condition rewarding the user based on an use agreement and commitment obtained, however fails to disclose contract conditions that specifies penalties if the commitment is not achieved.
However Milkurak is introduced to teach a method for providing a contract that specifies agreed upon services.
a contract condition decision unit that actively decides a contract condition between the developer and the user based on the development influence degree, and that dynamically updates contract conditions based on stored penalty fields, wherein the penalty conditions are tied to whether the user achieves the committed use amount of the solution product ([2728] Another benefit of the bandwidth contract is that it specifies agreed upon service levels for call setup. After the call has been completed, usage data can be analyzed to see if these service levels have been met. This allows a bandwidth provider and its distributors to provide customers with Service Level Agreements that may have penalty clauses for violations. [2769] Then, in operation 13402, an amount of money the buyer owes the seller for the reallocated bandwidth is determined based on the terms regarding the reallocation of bandwidth. Most often, this may be calculated as the price per unit of bandwidth times the number of units of bandwidth being sold and taking into account any penalties and discounts. If amounts of bandwidth of more than one seller are sold together such as under a contract as discussed above, the amount of money the buyer owes each seller is calculated. More detail is provided below in the discussion referencing FIGS. 135 through 139.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filled to decide a penalty based on utilization and adjust a contract condition, such a as a price of the product, since such improvement in the system of Kamal allows for a final price determination based on an agreement and provides the known benefit of allowing the developers of the products to have penalty clauses for violations upon agreed conditions as disclosed by Milkurak [2728].
Regarding claim 3, Kamal discloses
wherein: the invitation information includes information relating to a development initiation condition of the solution product ([0024] Commitments may, in some circumstances, be permitted to be contingent upon one or more factors, the factors being referred to as "configuration options." As an example, a commitment to buy a new jacket may be made contingent on its availability in black, its availability in a specified price range, and/or its delivery within six months of making the commitment. Such contingencies can also be expressed as non-binding, that is the firm commitment stands regardless of acceptance of the contingency. Commitments may also, in some circumstances, be permitted to be contingent upon other factors, such as the total number or amount of commitments received for a product.); and
the invitation/application management unit continues the use invitation when the development initiation condition is not achieved, whereas the invitation/application management unit ends the use invitation when the development initiation condition is achieved ([0028] At step 108, once either a specified time period has elapsed and/or a specified number, type or set of commitments has been received, the commitment collection process for the product or product set is ended, either manually or automatically by the system.).
Regarding claim 4, Kamal discloses:
wherein: the invitation information includes information relating to an invitation period; and the invitation/application management unit ends the use invitation when invitation period is expired even though the development initiation condition is not achieved ([0028] At step 108, once either a specified time period has elapsed and/or a specified number, type or set of commitments has been received, the commitment collection process for the product or product set is ended, either manually or automatically by the system.).
Regarding claim 5, Kamal discloses:
wherein: the invitation information includes information relating to a minimum use amount of the solution product necessary for initiation of development of the solution product ([0023] As shown at step 102, subjects are presented with commitment requests in conjunction with presentation of each product. In each case a commitment is requested of the subject in order to obtain specified benefits related to that product. An exemplary commitment is for the subject to indicate support for a product by placing a non-contingent firm advance order for the product. In that case, the subject would place an advance order for the product at a specified price, typically electronically or over a telephone system, and would provide a method of payment, which would be used to fulfill the advance order commitment. Another form of commitment would be an agreement to perform specified actions. For example, a subject may commit to watch the first five episodes of a new television series and agree to have his/her compliance with this agreement monitored via an agreed-upon monitoring system. [0024] Commitments may, in some circumstances, be permitted to be contingent upon one or more factors, the factors being referred to as "configuration options." As an example, a commitment to buy a new jacket may be made contingent on its availability in black, its availability in a specified price range, and/or its delivery within six months of making the commitment. Such contingencies can also be expressed as non-binding, that is the firm commitment stands regardless of acceptance of the contingency. Commitments may also, in some circumstances, be permitted to be contingent upon other factors, such as the total number or amount of commitments received for a product. [0025] In conjunction with the step 102 presentation of the product or product set, or at another time prior to or along with the presentation of the commitment requests, the specific benefit or benefits to be provided in exchange for the commitment are also described to the subject. Benefits can range widely, and could include both financial and non-financial benefits. Benefits may also be tiered based on various factors, including the number and type of commitments obtained, and the post-launch success of the product. Examples of benefits include a success-based discount on the expected market price of the product, the early provision of the product to the subject, the ability to influence feature selection, or the ability to receive benefits tied to the success of the product. This latter category of benefits can include, for example, a tiered or non-tiered share in the revenues that are obtained from the product.);
the invitation/application management unit sets the utilization project including a use amount of the solution product committed to the developer by the user at time of application ([0026] After reviewing product descriptions, commitment descriptions and benefit descriptions, the subject completes the commitment acquisition steps. Specifically, at step 104 the subject has the ability to make one or more commitments to indicate his/her support for one or more products. These commitments are typically obtained and stored electronically.); and
the development influence degree calculation unit calculates the development influence degree based on a ratio of the use amount to the minimum use amount ([0011] Based on the number, level and type of firm commitments (individual, aggregate or clustered), strategic product decisions can be made during and after the commitment collection process. [026] Specifically, at step 104 the subject has the ability to make one or more commitments to indicate his/her support for one or more products. These commitments are typically obtained and stored electronically. [0027] At step 106, commitments are continuously profiled and analyzed, along with information on subjects. Various types of analysis may be performed on the commitments, ranging from cluster analysis to multivariate regression or time series analysis. Correlation and predictive analyses may also be performed to evaluate the impact of or correlation of commitments with such items as products gross sales, rate of sales, subject demographics and market penetrations. [0028] At step 108, once either a specified time period has elapsed and/or a specified number, type or set of commitments has been received, the commitment collection process for the product or product set is ended, either manually or automatically by the system. See claim 2 The method for product planning according to claim 1, further comprising the step of sponsoring products that attain a predetermined minimum number of commitments. See also Figure 3 providing an example.).
Regarding claim 6, Kamal discloses:
comprising a project/result management unit that manages the utilization project and a use result of the solution product by the user ([0029] The method of the present invention flows to a sequence of decision steps, beginning at step 110 where the analysis/profiling results that were performed on the commitments at step 106 are consolidated, compiled and reported to the decision-maker at step 110. [0030] As shown at step 112, the analyses of commitments and subjects from step 110 are used to make decisions related to the product(s), including the use of aggregated, clustered or individual effects of commitments and/or committing subjects to make product/product category budgeting, financial, product development, marketing, production, manufacturing and inventory decisions. These decisions may be manual or rules-based automatic decisions. [0031] As shown at step 114, after the commitment collection period commitments and benefits provision are fulfilled by the appropriate parties, and the fulfillment of commitments and benefits provision are monitored. In some cases, fulfillment may be electronic; in others, physical (for example, product delivery); or a combination of both. Information on these various aspects of commitment and benefit fulfillment is collected in conventional ways to enable monitoring and tracking.).
Regarding claim 7, Milkurak further teaches
decide a reward or a penalty to the user based on comparison result between the utilization project and the use result, and update the contract condition based on the decided reward or the decided penalty ([2728] Another benefit of the bandwidth contract is that it specifies agreed upon service levels for call setup. After the call has been completed, usage data can be analyzed to see if these service levels have been met. This allows a bandwidth provider and its distributors to provide customers with Service Level Agreements that may have penalty clauses for violations. [2769] Then, in operation 13402, an amount of money the buyer owes the seller for the reallocated bandwidth is determined based on the terms regarding the reallocation of bandwidth. Most often, this may be calculated as the price per unit of bandwidth times the number of units of bandwidth being sold and taking into account any penalties and discounts. If amounts of bandwidth of more than one seller are sold together such as under a contract as discussed above, the amount of money the buyer owes each seller is calculated. More detail is provided below in the discussion referencing FIGS. 135 through 139.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filled to decide a penalty based on utilization and adjust a contract condition, such a as a price of the product, since such improvement in the system of Kamal allows for a final price determination based on an agreement and provides the known benefit of allowing the developers of the products to have penalty or discount clauses for violations or successfully fulfilling agreed conditions as disclosed by Mikurak [2728].
Regarding claim 8, Mikurak further teaches:
comprising a credit score calculation unit that calculates a credit score of the user based on a comparison result between the utilization project and the use result, wherein the contract condition decision unit updates the contract condition based on the credit score ([0446] In addition, the Rating and Discounting Process 1306 applies any rebates due because service level agreements were not met. The aim is to correctly rate usage and to correctly apply discounts, promotions and credits.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filled to calculate a credit score of the user based on a comparison result between the utilization project and the use result, wherein the contract condition decision unit updates the contract condition based on the credit score, since such improvement in the system of Kamal allows for a final price determination based on an agreement and provides the known benefit of allowing the developers of the products to establish discounts, promotions or credits as disclosed by Mikurak [0446].
Regarding claim 9, Kamal discloses:
wherein: the project/result management unit updates the utilization project based on a comparison result between the utilization project and the use result ([0030] As shown at step 112, the analyses of commitments and subjects from step 110 are used to make decisions related to the product(s), including the use of aggregated, clustered or individual effects of commitments and/or committing subjects to make product/product category budgeting, financial, product development, marketing, production, manufacturing and inventory decisions. These decisions may be manual or rules-based automatic decisions.);
the development influence degree calculation unit updates the development influence degree based on the updated utilization project ([0027] At step 106, commitments are continuously profiled and analyzed, along with information on subjects. Various types of analysis may be performed on the commitments, ranging from cluster analysis to multivariate regression or time series analysis. Correlation and predictive analyses may also be performed to evaluate the impact of or correlation of commitments with such items as products gross sales, rate of sales, subject demographics and market penetrations. [0028] At step 108, once either a specified time period has elapsed and/or a specified number, type or set of commitments has been received, the commitment collection process for the product or product set is ended, either manually or automatically by the system. [0029] The method of the present invention flows to a sequence of decision steps, beginning at step 110 where the analysis/profiling results that were performed on the commitments at step 106 are consolidated, compiled and reported to the decision-maker at step 110. ); and
the contract condition decision unit updates the contract condition based on the updated development influence degree ([0029] The method of the present invention flows to a sequence of decision steps, beginning at step 110 where the analysis/profiling results that were performed on the commitments at step 106 are consolidated, compiled and reported to the decision-maker at step 110. [0030] As shown at step 112, the analyses of commitments and subjects from step 110 are used to make decisions related to the product(s), including the use of aggregated, clustered or individual effects of commitments and/or committing subjects to make product/product category budgeting, financial, product development, marketing, production, manufacturing and inventory decisions. These decisions may be manual or rules-based automatic decisions. [0031] As shown at step 114, after the commitment collection period commitments and benefits provision are fulfilled by the appropriate parties, and the fulfillment of commitments and benefits provision are monitored. In some cases, fulfillment may be electronic; in others, physical (for example, product delivery); or a combination of both. Information on these various aspects of commitment and benefit fulfillment is collected in conventional ways to enable monitoring and tracking.).
Regarding claim 10, Kamal discloses a method that offers a market place involved in a transaction of a solution product to a developer who develops the solution product and a user who uses the solution product using a computer prior to development of the solution product and that assists intermediation between the developer and the user (abstract, [0007] Accordingly, it is an object of the present invention to provide a method for strategic product planning by which firm product purchase commitments are negotiated with subjects in advance of, or simultaneous with, the full introduction of the product.), wherein the computer:
actively performs a use invitation using the solution product on the market place based on invitation information registered beforehand by the developer; and actively accepts an application by the user to the use invitation and sets a utilization project of the solution product by the user, and stores both invitation information and application information in storage ([0022] As the cycle begins, at step 100 the initial presentation of product categories, products or set of products is typically made to the user through an electronic system, device or computer. The presentation includes a written and, as applicable, model/pictorial/3-D list of products, with a description of each product along with, as appropriate, audio and/or video samples, previews or prototypes. Product descriptions will obviously vary depending on the specific product category, but may include an overview of the product, purpose of the product, target market, information on features or proposed features, financial details on the product, creative aspects of the product, people involved in the product and if relevant, an electronic depiction or sample of the product. Examples of product categories include music, episodic series, games, toys, sporting goods, fragrances, apparel, and motion pictures. Examples of products include a band or song, a television series, a computer game, a toy, a sporting good, an automobile, a fragrance, an article or line of apparel, and a film. Example depictions that will be presented to the subject include a music sample, a series pilot visual/video excerpt, a game level, a toy mock-up, a sporting good prototype, a 3-D automobile concept, a scent, an apparel picture, and a film excerpt or rough cut excerpt. [0007] Accordingly, it is an object of the present invention to provide a method for strategic product planning by which firm product purchase commitments are negotiated with subjects in advance of, or simultaneous with, the full introduction of the product.);
calculates a development influence degree of the solution product on the utilization project by calculating a ratio of committed use amounts to minimum use amounts through executing arithmetic operations on data retrieved from a development initiation condition field and a use commitment field, wherein the minimum use amount is necessary for initiation of development of the solution product ([0011] Based on the number, level and type of firm commitments (individual, aggregate or clustered), strategic product decisions can be made during and after the commitment collection process. [026] Specifically, at step 104 the subject has the ability to make one or more commitments to indicate his/her support for one or more products. These commitments are typically obtained and stored electronically. [0027] At step 106, commitments are continuously profiled and analyzed, along with information on subjects. Various types of analysis may be performed on the commitments, ranging from cluster analysis to multivariate regression or time series analysis. Correlation and predictive analyses may also be performed to evaluate the impact of or correlation of commitments with such items as products gross sales, rate of sales, subject demographics and market penetrations. [0028] At step 108, once either a specified time period has elapsed and/or a specified number, type or set of commitments has been received, the commitment collection process for the product or product set is ended, either manually or automatically by the system. See claim 2 The method for product planning according to claim 1, further comprising the step of sponsoring products that attain predetermined minimum number of commitments. See also Figure 3 providing an example.); and
decides a contract condition between the developer and the user based on the development influence degree, wherein reward conditions are tied to whether the user achieves the committed use amount of the solution product ([010] . In exchange for agreeing to these firm commitments, subjects are guaranteed one or more specific benefits, which may also be contingent, and may also be tiered, for instance, based on the achievement of specific post-launch sales goals. Commitments are monitored and extensively analyzed. [0023] As shown at step 102, subjects are presented with commitment requests in conjunction with presentation of each product. In each case a commitment is requested of the subject in order to obtain specified benefits related to that product. [0025] In conjunction with the step 102 presentation of the product or product set, or at another time prior to or along with the presentation of the commitment requests, the specific benefit or benefits to be provided in exchange for the commitment are also described to the subject. Benefits can range widely, and could include both financial and non-financial benefits. Benefits may also be tiered based on various factors, including the number and type of commitments obtained, and the post-launch success of the product. Examples of benefits include a success-based discount on the expected market price of the product, the early provision of the product to the subject, the ability to influence feature selection, or the ability to receive benefits tied to the success of the product. This latter category of benefits can include, for example, a tiered or non-tiered share in the revenues that are obtained from the product. [0033] Screen 30 reflects a variety of specific benefit or benefits to be provided in exchange for the commitment choice by the subject. In this example the benefits include the early provision of the product to the subject, plus a user-selectable choice between a specified share in the revenues that are obtained from the product, or a success-based percentage discount on the anticipated product sales price.).
Kamal provides an environment where a developer and a user are assisted in working on product and services solution. Kamal disclose a condition rewarding the user based on an use agreement and commitment obtained, however fails to disclose contract conditions that specifies penalties if the commitment is not achieved.
However Milkurak is introduced to teach a method for providing a contract that specifies agreed upon services.
decides a contract condition between the developer and the user based on the development influence degree, wherein penalty conditions are tied to whether the user achieves the committed use amount of the solution product ([2728] Another benefit of the bandwidth contract is that it specifies agreed upon service levels for call setup. After the call has been completed, usage data can be analyzed to see if these service levels have been met. This allows a bandwidth provider and its distributors to provide customers with Service Level Agreements that may have penalty clauses for violations. [2769] Then, in operation 13402, an amount of money the buyer owes the seller for the reallocated bandwidth is determined based on the terms regarding the reallocation of bandwidth. Most often, this may be calculated as the price per unit of bandwidth times the number of units of bandwidth being sold and taking into account any penalties and discounts. If amounts of bandwidth of more than one seller are sold together such as under a contract as discussed above, the amount of money the buyer owes each seller is calculated. More detail is provided below in the discussion referencing FIGS. 135 through 139.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filled to decide a penalty based on utilization and adjust a contract condition, such a as a price of the product, since such improvement in the system of Kamal allows for a final price determination based on an agreement and provides the known benefit of allowing the developers of the products to have penalty clauses for violations upon agreed conditions as disclosed by Mikurak [2728].
Regarding claim 11, Kamal discloses
wherein the information processor comprises: an arithmetic processing unit configured using a central processing unit (CPU), a read only memory (ROM), and a random access memory (RAM), and having functional blocks including an invitation/application management unit, a project/result management unit, a credit score calculation unit, a development influence degree calculation unit, and a contract condition decision unit ([0022] As the cycle begins, at step 100 the initial presentation of product categories, products or set of products is typically made to the user through an electronic system, device or computer. [0035] The core method is suitable for implementation in software form as an internet exchange, which gives broad exposure to thousands of potential subjects who can combine their resources to launch new products and share in their success. [0036] The software is maintained on a conventional web-enabled central server and is remotely accessible, for example, using a conventional domain name system (DNS) for access over the internet. The program provides a graphical user interface which helps consumers navigate through three basic steps, Explore, Launch and Track. ).
Regarding claim 12, Kamal discloses
wherein the information processor comprises a storage unit configured using a recording medium including a hard disk drive (HDD) and a solid-state disk (SSD), the storage unit storing invitation information, application information, project/result information, credit score information, and contract condition information (([0022] As the cycle begins, at step 100 the initial presentation of product categories, products or set of products is typically made to the user through an electronic system, device or computer. [0035] The core method is suitable for implementation in software form as an internet exchange, which gives broad exposure to thousands of potential subjects who can combine their resources to launch new products and share in their success. [0036] The software is maintained on a conventional web-enabled central server and is remotely accessible, for example, using a conventional domain name system (DNS) for access over the internet. The program provides a graphical user interface which helps consumers navigate through three basic steps, Explore, Launch and Track. )), and
wherein the storage unit stores a development initiation condition field containing minimum use amount data and a use commitment field containing committed use amount data, and wherein the development influence degree calculation unit retrieves data from the development initiation condition field and the use commitment field stored in the storage unit to execute the arithmetic operations for calculating the development influence degree ([0027] At step 106, commitments are continuously profiled and analyzed, along with information on subjects. Various types of analysis may be performed on the commitments, ranging from cluster analysis to multivariate regression or time series analysis. Correlation and predictive analyses may also be performed to evaluate the impact of or correlation of commitments with such items as products gross sales, rate of sales, subject demographics and market penetrations. [0028] At step 108, once either a specified time period has elapsed and/or a specified number, type or set of commitments has been received, the commitment collection process for the product or product set is ended, either manually or automatically by the system. [0029] The method of the present invention flows to a sequence of decision steps, beginning at step 110 where the analysis/profiling results that were performed on the commitments at step 106 are consolidated, compiled and reported to the decision-maker at step 110. ).
Regarding claim 13, Kamal discloses
wherein the information processor is configured to enable the developer and the user to access the information processor using a web browser to perform predetermined operations through displayed screens including an invitation screen, an application screen, a contract management screen, and a project/result scree, wherein user operations on the application screen cause transmission of an application request to the information processor, and the information processor processes the application request to set the utilization request ([0016] FIGS. 3-6 are screen prints from a web [0036] The software is maintained on a conventional web-enabled central server and is remotely accessible, for example, using a conventional domain name system (DNS) for access over the internet. The program provides a graphical user interface which helps consumers navigate through three basic steps, Explore, Launch and Track. [0041] The foregoing steps will now be described in more detail with reference to screen prints from a website which implements the method. Once a user accesses the website, they presented with the Launch screen 10 of FIG. 3. The launch screen 10 provides users with a listing of the bands that are competing for launch orders.).
Regarding claim 14, Kamal further disclose
wherein the invitation information includes development initiation conditions expressing conditions for launching development of the solution product, including a minimum use amount that represents a lower limit of a total use amount of the solution product committed by users at time of application ([0023] As shown at step 102, subjects are presented with commitment requests in conjunction with presentation of each product. In each case a commitment is requested of the subject in order to obtain specified benefits related to that product. An exemplary commitment is for the subject to indicate support for a product by placing a non-contingent firm advance order for the product. In that case, the subject would place an advance order for the product at a specified price, typically electronically or over a telephone system, and would provide a method of payment, which would be used to fulfill the advance order commitment. Another form of commitment would be an agreement to perform specified actions. For example, a subject may commit to watch the first five episodes of a new television series and agree to have his/her compliance with this agreement monitored via an agreed-upon monitoring system. [0024] Commitments may, in some circumstances, be permitted to be contingent upon one or more factors, the factors being referred to as "configuration options." As an example, a commitment to buy a new jacket may be made contingent on its availability in black, its availability in a specified price range, and/or its delivery within six months of making the commitment. Such contingencies can also be expressed as non-binding, that is the firm commitment stands regardless of acceptance of the contingency. Commitments may also, in some circumstances, be permitted to be contingent upon other factors, such as the total number or amount of commitments received for a product. [0025] In conjunction with the step 102 presentation of the product or product set, or at another time prior to or along with the presentation of the commitment requests, the specific benefit or benefits to be provided in exchange for the commitment are also described to the subject. Benefits can range widely, and could include both financial and non-financial benefits. Benefits may also be tiered based on various factors, including the number and type of commitments obtained, and the post-launch success of the product. Examples of benefits include a success-based discount on the expected market price of the product, the early provision of the product to the subject, the ability to influence feature selection, or the ability to receive benefits tied to the success of the product. This latter category of benefits can include, for example, a tiered or non-tiered share in the revenues that are obtained from the product.),
wherein the developer determines whether to launch development of the solution product based on whether the total use amount committed by users exceeds the minimum use amount while taking into consideration uncertainty ([0028] At step 108, once either a specified time period has elapsed and/or a specified number, type or set of commitments has been received, the commitment collection process for the product or product set is ended, either manually or automatically by the system. [0029] The method of the present invention flows to a sequence of decision steps, beginning at step 110 where the analysis/profiling results that were performed on the commitments at step 106 are consolidated, compiled and reported to the decision-maker at step 110. [0030] As shown at step 112, the analyses of commitments and subjects from step 110 are used to make decisions related to the product(s), including the use of aggregated, clustered or individual effects of commitments and/or committing subjects to make product/product category budgeting, financial, product development, marketing, production, manufacturing and inventory decisions.), and
wherein when the total use amount exceeds the minimum use amount, the solution product is offered to users who applied during an invitation period, and when the total use amount falls short of the minimum use amount, development is not launched ([0046] For each CLO that gets entered, the total amount of the order gets charged in two parts. As described above, the user may specify on occasion how much can be charged immediately (from 50% to about 80% of the order amount). That represents the launch funding amount. The remainder of the order amount, plus shipping and handling, will be charged on shipping the CD. However, all launch orders are final and cannot be cancelled after they are placed. If the band's CD is launched and yet fails (for example, the CD still does not get released), no refund is provided for the pre-billed amount. However, the user will not be billed the part of the order that was scheduled to be billed on shipment of the order. As an example, if they agreed that $10 of a $13 order would be placed at risk, the sponsor would bill the $10 upon launch the CD. If for some reason the band's CD could not be made, the user would lose that amount but not the $3 balance. [0048] FIG. 6 is a screen print of the tracking screen by which users can follow the progress of the band(s) they launched. Only users who have placed a CLO are given access to the tracking section of the website. In addition to simply tracking the launch vote results, this section allows user's to feel involved, e.g., by reading about life on the road, chatting with the band members--and participating in other cool events exclusively for persons placing launch orders. Users are also updated on their cash share of the sales. [0049] A functional example of the process follows, albeit the numbers are used purely to illustrate the process. If 20,000 people place conditional launch orders (CLOs) for the "ChangerzCool" CD and that equals the minimum required, the sponsor ceases taking CLO's for ChangerzCool. If the user is one of the people who placed a CLO in time, they gain access to the private tracking area of the site in FIG. 6 where they see how much they have earned as a share of the band's success. If 15% was specified as the amount of revenue to be distributed to the CLO group (this number is determined separately by us for each product, and for business reasons, may not be disclosed), and after 6 months the band has sold 500,000 CDs and received revenue of $4 million, then the CLO group (20,000 people) splits 15% of $4 million, or $600,000. If each user had put at risk the same amount, that would translate to $30 per person at the 6 month mark. ).
Regarding claim 16, Lakan further teaches:
wherein the invitation information includes reward and penalty information for users based on status of solution product use, wherein rewards are declared beforehand to incentivize application or use, wherein penalties are declared beforehand to suppress hindrance actions, wherein reward and penalty conditions are adjusted between developer and user at contract conclusion, and wherein the reward and penalty conditions form a base for adjustment prior to contract conclusion ([0023] As shown at step 102, subjects are presented with commitment requests in conjunction with presentation of each product. In each case a commitment is requested of the subject in order to obtain specified benefits related to that product. [0043] If a user indicates that they wish to place a CLO by depressing the corresponding button in FIG. 4, they are directed to the screen of FIG. 5 where they enter the order. Depending on the launch vote, there may be a standard amount of, for example, $10, that everyone puts at risk. [0044] Alternatively, for some launchers it is possible to allow users to specify how much of their conditional launch order they want to risk. So, for example, if the total CLO price is $13 for a CD, the user might be given an option to risk between $9 and $11. The amount you place at risk is used to help launch the band. The user's benefits, such as their share of revenue, are tied to how much they place at risk. Once a band attains the minimum number of CLOs, the band is "launched" and all supporting users' credit cards are charged the specified amount. [0045] Once the user's order has been entered, the user must login either by entering a pre-established user name and password, or (for new user's) by registering with the system and entering their email address, user name, address, credit charge information, and/or other information as desired. [0046] For each CLO that gets entered, the total amount of the order gets charged in two parts. As described above, the user may specify on occasion how much can be charged immediately (from 50% to about 80% of the order amount). That represents the launch funding amount. The remainder of the order amount, plus shipping and handling, will be charged on shipping the CD. However, all launch orders are final and cannot be cancelled after they are placed. If the band's CD is launched and yet fails (for example, the CD still does not get released), no refund is provided for the pre-billed amount. However, the user will not be billed the part of the order that was scheduled to be billed on shipment of the order. As an example, if they agreed that $10 of a $13 order would be placed at risk, the sponsor would bill the $10 upon launch the CD. If for some reason the band's CD could not be made, the user would lose that amount but not the $3 balance.).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being anticipated by Kamal (US 2003/0046141) in view of Mikurak (US Patent Publication 2006/0178918) and Leach (US Patent Publication 2009/0070249).
Regarding claim 15, Kamal does not disclose:
wherein the invitation information includes development pull-out conditions expressing conditions for pulling out of development or operation of the solution product, wherein the developer sets and discloses the development pull-out conditions to users beforehand during invitation, and wherein the development pull-out conditions enable the developer to pull out of development or operation when use does not proceed as initially projected or planned return on investment is not expected, thereby suppressing expansion of losses
Leach which is related to a future item creation platform that allows for analyzing data related to a future product (Fig. 3 [0139] and further teaches:
wherein the invitation information includes development pull-out conditions expressing conditions for pulling out of development or operation of the solution product, wherein the developer sets and discloses the development pull-out conditions to users beforehand during invitation, and wherein the development pull-out conditions enable the developer to pull out of development or operation when use does not proceed as initially projected or planned return on investment is not expected, thereby suppressing expansion of losses ([0127] Future item providers 204 may register through an interface of the demand aggregation facility 202 to facilitate the availability of future items. Future item providers 204 may include manufacturers, distributors, retailers, performers, musicians, celebrities, lecturers, sports figures, entertainers, game developers, artists, individuals, amateurs, or the like, or may include other individuals or entities that facilitate production of a future item, such as described herein. A future item provider 204 may specify conditions under which the future item will be produced, such as if a certain minimum amount of money is guaranteed; if the event is in a certain location, date, venue; if there is a guaranteed number of performances per year; or the like. A future item producer or provider 204 may contractually bind themselves to these specified conditions thereby enabling the demand aggregation facility 202 to generate a forward market 2802. The future item producer or provider 204 may monitor the demand aggregation for the future item using the demand aggregation facility 202 web pages. Of course, the future item producer or provider 204 may choose to accept conditions outside the initially specified conditions if a prediction and/or guarantee of demand indicates acceptance may be beneficial for the future item producer or provider 204. For example, if a product manufacturer had originally specified only certain features of a new tent, but the demand aggregation facility 202 predicts and/or guarantees a good demand for the tent, they may choose to add additional features to the tent. In another example, if an event performer had originally specified New York City as the only performance location, but the demand aggregation facility 202 predicts and/or guarantees a good demand for them to perform in a different city, they may accept the new location and agree to perform there. [0202] The future item 624 may be associated with a product launch 634, as described in Harmon 1 and elsewhere. For example, a product designer may have a concept for a new type of home appliance. The product designer may offer contingent event certificates 606 that both entitle and obligate the holder to purchase the home appliance. Through promotion of the appliance, demand 622 may be generated based on a description, virtual model, prototype, review, et cetera, of the home appliance. The promotion may include information about the offered contingent event certificates 606. The demand 622 resulting from both direct and indirect promotion of the appliance may be assessed by a count of contingent event certificates 606 sold on the pre-primary market. The product designer may use the demand measure to establish contingent agreements for production, distribution, sales, advertising, and support of the appliance. Production may commence once and only if demand 622 reaches a minimum level that may be selected to reduce or eliminate the risk of financial failure. While this example is for a home appliance, the product launch could be for any type of product or service. It will be appreciated that contingent event certificates 606 offered through a pre-primary market can be used to assess the viability of any and all new products or service creations. [0203] Time may elapse between each of the following steps: offering the contingent event certificates 606, reaching the minimum level of demand 622, producing the future item 624, and shipping the future item 624 (if applicable).).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filled to analyze the data as disclosed on Leach and include the teachings of wherein the invitation information includes development pull-out conditions expressing conditions for pulling out of development or operation of the solution product, wherein the developer sets and discloses the development pull-out conditions to users beforehand during invitation, and wherein the development pull-out conditions enable the developer to pull out of development or operation when use does not proceed as initially projected or planned return on investment is not expected, thereby suppressing expansion of losses since such improvement provides the known benefit of reducing or eliminating the risk of financial failure for the product as disclosed by Leach [0202].
Response to Arguments
Applicant's arguments filed 02/10/2026 have been fully considered and found non-persuasive.
In regards to the previously presented 35 USC 101 Applicant argues:
“Amended claim 1, as amended, now recites "a development influence degree calculation unit that calculates a ratio of committed use amounts to minimum use amounts by executing arithmetic operations on data retrieved from a development initiation condition field and a use commitment field to calculate development influence degrees." This limitation recites specific technical operations-executing arithmetic operations on data retrieved from specific database fields-that go beyond mere mental processes or generic data processing.” Examiner respectfully disagrees. Arithmetic operations are manual processes that a person could perform mentally or perhaps with the aid of pen and paper wherein the computer is used as a tool to perform the abstract idea- See MPEP 2106.05(f).
“Amended claim 1 further recites "a project/result management unit that automatically updates utilization projects and triggers contract condition updates when differences between stored planned use amount values and actual use amount values exceed predetermined thresholds." This limitation recites an automated technical process with specific triggering conditions based on threshold comparisons, which cannot be practically performed in the human mind or by pencil and paper.” Examiner respectfully disagrees. Updating data and triggering contract updates based on a difference on data is a manual process that a person could perform mentally or perhaps with the aid of pen and paper wherein the computer is merely used as a tool to perform the abstract idea- See MPEP 2106.05(f).
“Amended claim 1 also recites "a contract condition decision unit that decides a contract condition between the developer and the user based on the development influence degree calculated by the development influence degree calculation unit." This limitation establishes a technical integration between the calculated development influence degree and the contract condition decision process.” Examiner respectfully disagrees. Deciding a contract condition is a manual process that a person could perform mentally or perhaps with the aid of pen and paper wherein the computer is merely used as a tool to perform the abstract idea- See MPEP 2106.05(f). Furthermore, Applicant have failed to provide an articulated reasoning as to how this limitation provides an integration into a practical application.
“As described in the specification, "[t]he credit score calculation unit 103 calculates a credit score that is the index of the degree of the credit to the utilization project set beforehand by the users based on the comparison result between the utilization project and the use result by the project/result management unit 102." As-Filed Specification, paragraph [0020]. The claimed system implements specific technical calculations and automated updates that integrate multiple functional units in a manner that improves the functioning of the marketplace system.” Examiner respectfully disagrees. Performing calculations are manual processes that a person could perform mentally or perhaps with the aid of pen and paper wherein the computer is merely used as a tool to perform the abstract idea- See MPEP 2106.05(f). Furthermore, Applicant have failed to provide an articulated reasoning as to how this limitation “improves the functioning of the marketplace system”.
“Amended claim 10 recites corresponding method steps including "calculating a ratio of committed use amounts to minimum use amounts through executing arithmetic operations on data retrieved from a development initiation condition field and a use commitment field, wherein the minimum use amount is necessary for initiation of development of the solution product." This specific technical calculation using data from defined database fields represents more than an abstract idea.” Examiner respectfully disagrees. Performing calculations are manual processes that a person could perform mentally or perhaps with the aid of pen and paper wherein the computer is merely used as a tool to perform the abstract idea- See MPEP 2106.05(f). Furthermore, Applicant have failed to provide an articulated reasoning as to how this limitation “represents more than an abstract idea”.
“Amended claim 12 now recites "wherein the storage unit stores a development initiation condition field containing minimum use amount data and a use commitment field containing committed use amount data, and wherein the development influence degree calculation unit retrieves data from the development initiation condition field and the use commitment field stored in the storage unit to execute the arithmetic operations for calculating the development influence degree." As described in the specification, "[t]he information relating to the development initiation condition is information expressing the conditions for launching the development of the solution product invited by the developer, which is, for example, a lower limit (minimum use amount) of a total of the use amount of the solution product committed by the users at the time of application." As-Filed Specification, paragraph [0036]. This amendment ties the storage unit to the specific technical operations performed by the development influence degree calculation unit, demonstrating a technical integration between hardware components and computational processes.” Examiner respectfully disagrees. Performing calculations are manual processes that a person could perform mentally or perhaps with the aid of pen and paper, wherein the computer elements argued by the Applicant are merely used as a tool to perform the abstract idea- See MPEP 2106.05(f) without providing an improvement to the functioning of the computer or to any other technology or technical field - see MPEP 2106.05(a), and without applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo.
“Amended claim 13 now recites "wherein the information processor is configured to enable the developer and the user to access the information processor using a web browser to perform predetermined operations through displayed screens including an invitation screen, an application screen, a contract management screen, and a project/result screen, wherein user operations on the application screen cause transmission of an application request to the information processor, and the information processor processes the application request to set the utilization project." As described in the specification, "[a]fter confirming necessary information on the application screen 22, the user further conducts a predetermined operation on the client 2, the client 2 transmits an application request to the server 1, and the server 1 receives the application request in Step 902 in FIG. 9." As-Filed Specification, paragraph [0108]. This amendment specifies the technical interaction between user interface screens and server-side processing, demonstrating a practical application of the claimed technology.“ Examiner respectfully disagrees. The argued limitation is merely requiring the use of software to tailor information and provide it to the user on a generic computer, Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1370-71, 115 USPQ2d 1636, 1642 (Fed. Cir. 2015); (See MPEP 2106.05(f)(II)).
“The amendments to claims 1, 10, 12 and 13 recite specific technical implementations that integrate the judicial exception into a practical application. The claims do not merely recite generic computing elements performing abstract operations, but rather specify particular data structures (development initiation condition field, use commitment field), specific arithmetic operations (calculating ratios), automated threshold-based triggering mechanisms, and defined interactions between user interfaces and server processing.” Examiner respectfully disagrees. Limitations that are indicative of integration into a practical application include Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a); Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo; Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b); Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c);Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo. In the instant case, the additional elements are directed to generic computer elements as disclosed on the originally filled specification [023] “The client 2 is a client terminal when the developer of the solution product and the user use the market place system, and is architected using a personal computer (PC) and the like” Applicant is arguing instructions to implement an abstract idea on a computer which is not indicative of integration into a practical application- See MPEP 2106.05(f).
“As described in the specification, "[t]he development influence degree calculation unit 104 calculates the development influence degree of the solution product to the utilization projects of the users. The development influence degree means expresses the index of the influence degree in which the utilization project for every user affects the development project of the solution product." As-Filed Specification, paragraph [0021]. The claimed development influence degree calculation represents a specific technical metric that is calculated through defined arithmetic operations on data from specific database fields, not a mere mental observation or evaluation.” Examiner respectfully disagrees. Arithmetic operations are manual processes that a person could perform mentally or perhaps with the aid of pen and paper wherein the computer is used as a tool to perform the abstract idea- See MPEP 2106.05(f).
“The ordered combination of elements in the amended claims-including the specific data field retrieval, arithmetic ratio calculations, threshold-based automatic updates, and screen-to- server processing interactions-provides meaningful limitations that transform the claims into patent-eligible subject matter. These elements work together to provide a specific technical solution for managing marketplace transactions between developers and users.” Examiner disagrees and finds the argument not persuasive. There is no articulated reasoning as to how the combination of elements provide a technical solution, furthermore the Applicant is not providing what is the technical solution solved by the invention.
“Indeed, the claims integrate the abstract idea into a practical application because they recite specific technical components (development influence degree calculation unit, project/result management unit) that perform concrete data processing operations-specifically, referencing stored development initiation condition fields to identify minimum use amounts and comparing stored planned use amount values against actual use amount values from specific database fields which constitutes a specific technical implementation rather than merely applying an abstract idea on a generic computer.” Examiner respectfully disagrees. Applicant is arguing software elements, instructions to implement an abstract idea on a computer, which as previously indicated, are not indicative of integration into a practical application- See MPEP 2106.05(f).
“That is, the claims are not directed to mental processes because the claimed operations identifying minimum use amounts by referencing stored development initiation condition fields, processing data to calculate influence degrees, and comparing stored planned values against actual values from specific database fields-cannot practically be performed in the human mind and require the specific database architecture and automated processing described in the specification at paragraphs 16-17 and 30-56.” Examiner respectfully disagrees. The claims as written do not require any specific database. The system is generically using data in order to perform an evaluation of the data and provide results, which is an abstract process that a person can perform mentally, perhaps with the aid of pen and paper.
Applicant’s arguments with respect to claim(s) 1-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Irazabal, US 2020/0201843, OPTIMIZATION OF CHAINCODE STATEMENTS. This application generally relates to a database storage system, and more particularly, to a smart contract for executing post-settlement processes.
Ben-Haim, US 9,129,229 System, Apparatus, And Method For Utilizing A Reading Of A Machine Readable Element Associated With A Consumable Product. (48) Cloud 220 may further analyze the information received from retailers to determine incentives to which each retailer may be entitled. This analysis may be based on terms of use agreed upon between cloud 220 and different retailers. For example, retailer 1 (412) may agree to receive a flat rate reward of 0.5 dollar per usage, regardless of the price of the processed consumable product or the supplier of the consumable product. In another example, retailer 2 (414) may agree to receive a reward based on a flat rate percentage of the sale price of the consumable products. Retailer 3 (416) may receive a base reward if the total usage below a threshold number, and receive bonus rewards when the total usage exceeds the threshold number. Retailer 4 (418) may receive a reward based on different suppliers and/or different consumable products. These are just a few examples of many different ways of receiving incentives based on usage data. Accordingly, cloud 220 may credit each retailer, as indicated by the solid lines from cloud 220 to retailers 412-418, based on any reward-based methodology.
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/MARIA C SANTOS-DIAZ/Primary Examiner, Art Unit 3629