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 .
Status of Claims
Claims 1-3, 9, 10, 14, and 15 are currently amended. Claims 1-20 filed March 2, 2026 are pending and are hereby examined.
Claim Objections
Claims 1, 9, and 14 objected to because of the following informalities: “wherein determining the plurality of food items comprises invoking… a plurality outputs of the machine learning model… via a plurality Internet-Of-Things (IOT) sensors communicatively coupled…” There are two grammatical errors in this sentence. Appropriate correction is required.
Claim Rejections - 35 USC § 101
4. 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.
5. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
6. Step 1 Statutory Category: Claims 1-8 are directed to a method, claims 9-13 are directed to a system, and claims 14-20 are directed to a non-transitory computer readable medium, all of which are statutory. Claims 1-20 are statutory classes of invention.
7. Step 2A – Prong 1: Judicial Exception Recited: Nevertheless, independent claims 1, 9, and 14 recite an abstract idea of product demand using food recipe data.
The independent claims 1, 9, and 14 recite the following limitations which fall under commercial or legal interactions:
…;
…;
…;
generating… a food profile based on a food inventory of a user the food inventory available to the… in a computer-accessible form;
identifying… a plurality of food recipes based on the food profile, the plurality of food recipes available in a computer-accessible form;
determining… a plurality of food items associated with the food inventory;
wherein determining the plurality of food items comprises invoking… wherein a plurality of outputs… comprise an analysis of the plurality of food items based on scanning… the plurality of food items added… by the user;
wherein the analysis is included in the food profile;
identifying… one or more absent food items associated with the plurality of food recipes from the plurality of food items, the one or more absent food items being absent from the food inventory; and
communicating… to the user that the one or more absent food items are absent from the food inventory and at least one food recipe based on the food profile.
8. According to the MPEP, "Commercial interactions" or "legal interactions" include agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. Clearly, product demand using food recipe data falls under sales activities, therefore commercial or legal interactions. If the claim limitations, under the broadest reasonable interpretation, covers performance of the limitations as a commercial or legal interaction, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
9. Step 2A – Prong 2: Practical Application: This judicial exception is not integrated into a practical application because the claim as a whole merely recites product demand using food recipe data with generally recited computer elements such as one or more processors, one or more computer-readable memories, computing device, machine learning model, IOT sensors, and shopping cart, which in these steps are recited at a high-level of generality such that it amounts to more than mere instructions to apply the exception using a generic computer component, and are merely invoked as tools for product demand using food recipe data. Accordingly, these elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Simply implementing the abstract idea on a generic computing environment is not a practical application of the abstract idea, and does not take the claim out of the Commercial or Legal Interactions subgrouping of Certain Methods of Organizing Human Activity grouping. The claims are directed to an abstract idea.
10. Step 2B – Inventive Concept: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered individually and as an ordered combination, they do not add significantly more (also known as “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of one or more processors, one or more computer-readable memories, computing device, machine learning model, IOT sensors, and shopping cart to perform these steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Accordingly, these additional elements, do not change the outcome of the analysis, when considered individually and as an ordered combination as there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application. The claims are not patent eligible.
11. Regarding dependent claims 2, 7, 10, 13, 15, and 18, although these claims recite generally a recited computing device and machine learning model, these claims merely narrow the abstract idea of product demand using food recipe data, and these claims neither integrate into a practical application nor contain additional elements which amount to significantly more than the abstract idea.
12. Regarding dependent claims 3 and 20, these claims merely narrow the abstract idea of product demand using food recipe data, and these claims neither integrate into a practical application nor contain additional elements which amount to significantly more than the abstract idea.
13. Regarding dependent claim 4, although this claim recites a generally recited machine learning model, this claim merely narrows the abstract idea of product demand using food recipe data, and this claim neither integrates into a practical application nor contains additional elements which amount to significantly more than the abstract idea.
14. Regarding dependent claims 5-6, 8, 11-12, and 16-17, and 19, although these claims recite generally a recited computing device, these claims merely narrow the abstract idea of product demand using food recipe data, and these claims neither integrate into a practical application nor contain additional elements which amount to significantly more than the abstract idea.
15. Therefore, the limitations of the claims, when viewed individually and in ordered combination, are directed to ineligible subject matter.
Examiner Notes
16. Claims 1-20 are novel and unobvious over the prior art, however, there remains a 35 U.S.C. 101 rejection. The Examiner suggests incorporating dependent 3 and 2 together into the independent claims. The Examiner suggests incorporating how the machine learning model is trained and re-trained in an unique manner. Finally, the Examiner suggests incorporating more hardware from the Specification and any unique arrangements of hardware, unique hardware, or unique ways the hardware is communicating. The aforementioned claim suggestions, in combination together, is suggested to help advance prosecution forward, although further search, examination, and consideration is required.
17. After further search and consideration, the most pertinent U.S. prior art was found to be Sampara et al (US 2017/0316489) and Danducci et al (US 2020/0302377). Sampara et al (US 2017/0316489) is directed to recipe suggestion. Danducci et al (US 2020/0302377) is directed to using a machine learning model to reduce food waste. Meanwhile, Abbu et al (The Case of Digital Transformation in Grocery Business: A Conceptual Model of Digital Grocery Ecosystem, NPL) was found to be the most pertinent NPL prior art, and is directed to a digital grocery ecosystem.
18. However, both the most pertinent U.S. prior art and NPL fail to disclose all of the limitations particularly:
wherein determining the plurality of food items comprises invoking, by the computing device, a machine learning model wherein a plurality outputs of the machine learning model comprise at least an analysis of the plurality of food items based on scanning, via a plurality of Internet-of-Things (IOT) sensors communicatively coupled to a shopping cart, the plurality of food items added to the shopping cart by the user.
19. No prior art cited here or in any previous Office Action neither fully anticipates nor supports a conclusion of obviousness with respect to the subject matter present in the independent claims, either alone or in combination. The limitations lacking in the prior art, in combination with the other limitations clearly claimed in the application, are novel and unobvious.
Response to Arguments
20. Applicant's arguments filed 3/2/26 have been fully considered but they are not persuasive. However, the applicant’s amendments have overcome the previous 35 U.S.C. 103 rejection, as noted above.
a) Response to 35 U.S.C. 101 arguments
21. The Examiner respectfully disagrees. In regards to improving the functioning of the computer/technology/technical field, the claims recite one or more processors, one or more computer-readable memories, computing device, machine learning model, IOT sensors, and shopping cart, and they are recited at a high level of generality, and therefore are merely using computer processing components for product demand using food recipe data. After further review of the Specification, there is no disclosure of technical enhancements to any of the computing components, as in multiple instances of the Specification it discloses generally recited elements. Interpreting the claims in view of the Specification, the claims recite the judicial exception are mere instructions to apply the exception of product demand using food recipe data (see MPEP 2106.05(f)). The elements recited above do not recite and are not directed to any elements or functions that improve underlying technology.
22. According to MPEP 2106.05(a), it states: “It is important to note that in order for a method claim to improve computer functionality, the broadest reasonable interpretation of the claim must be limited to computer implementation. That is, a claim whose entire scope can be performed mentally, cannot be said to improve computer technology. Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 120 USPQ2d 1473 (Fed. Cir. 2016) (a method of translating a logic circuit into a hardware component description of a logic circuit was found to be ineligible because the method did not employ a computer and a skilled artisan could perform all the steps mentally). Similarly, a claimed process covering embodiments that can be performed on a computer, as well as embodiments that can be practiced verbally or with a telephone, cannot improve computer technology. See RecogniCorp, LLC v. Nintendo Co., 855 F.3d 1322, 1328, 122 USPQ2d 1377, 1381 (Fed. Cir. 2017) (process for encoding/decoding facial data using image codes assigned to particular facial features held ineligible because the process did not require a computer).”
23. Furthermore, in determining whether a claim integrates a judicial exception into a practical application, a determination is made of whether the claimed invention pertains to an improvement in the functioning of the computer itself or any other technology or technical field (i.e., a technological solution to a technological problem). Here, the claims recite generic computer components, i.e., one or more processors, one or more computer-readable memories, computing device, machine learning model, IOT sensors, and shopping cart, that are recited at a high level of generality and are recited as performing generic computer functions customarily used in computer applications. The pending claims do not describe a technical solution to a technical problem. The pending claims are directed to product demand using food recipe data. The claims of the instant application describe an improvement to a business process i.e., for product demand using food recipe data, not improvement in the functioning of the computer itself or an improvement to any other technology or technological field. Therefore, the claims do not integrate into a practical application either by improvement to a computer/technology/technical field.
24. The claims are not directed to any improvement in computer technology. Claims are directed to an abstract idea of product demand using food recipe data. Applicant must take into consideration that in order to view the claims as supplying an inventive concept the technological improvement must be present within the claims themselves (Accenture Global Servs., GmbH v. Guidewire Software, inc., 108 USPQ2d 1173 (Fed. Cir. 2013)), (Synopsys, inc. v. Mentor Graphics Corp... 120 USPQ2d 1473 (Fed. Cir. 2016). Additionally, the Specification does not provide any evidence that how the claims provide an improvement to functioning of computing systems or technology. Applicant failed to provide persuasive arguments supported by any necessary evidence to demonstrate that one of ordinary skill in the art would understand that the disclosed invention improves technology.
25. Accordingly, there are no meaningful limitations in the claims that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself. The dependent claims do not resolve the deficiency of the independent claims and accordingly stand rejected under 35 U.S.C. 101 based on the same rationale.
Conclusion
26. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Abbu et al (The Case of Digital Transformation in Grocery Business: A Conceptual Model of Digital Grocery Ecosystem, NPL) is found to be the most pertinent NPL prior art.
27. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
28. A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
29. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAWAAD HAIDER whose telephone number is (571)272-7178. The examiner can normally be reached Mon-Fri 8 AM to 5 PM.
30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
31. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian Zeender can be reached on 571-272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAWAAD HAIDER/Primary Examiner, Art Unit 3627