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 .
The following is a Final Office Action in response to communications received on 12/9/2025. Claims 1-4, 6-10, 12-15, and 17 are currently pending and have been examined. Claims 1, 6, and 12 have been amended. Claims 5, 11, and 16 have been cancelled.
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.
Step 1: The claims 1-4 are a method and claims 6-10, 12-15 and 17 are a system. Thus, each independent claim, on its face, is directed to one of the statutory categories of 35 U.S.C. §101. However, the claims 1-4, 6-10, 12-15 and 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A Prong 1: The independent claims (1, 6 and 12, taking claim 1 as a representative claim) recite:
A computer-implemented method for automatically creating vehicle end-user screen images, comprising:
instructions, stored in non-transitory computer readable memory that, when executed by a processor, cause the processor to perform the steps of:
automatically adding automotive data source images based on a user request received via a user interface; and
executing two processing loops each comprising:
automatically generating an optimized composite end-user screen image by selecting from multiple available images according to predefined ranking criteria using a rule-based auto insertion of the images that are determined to be relevant for a website listing; and
automatically updating end-user screen images on at least one third-party listing website via a network by dynamically adjusting resolution , and metadata for compatibility,
wherein a first programming loop comprises processing a vehicle and a second programming loop comprises adaptive processing of an image, including format transformation and metadata standardization.
These limitations, except for the italicized portions, under their broadest reasonable interpretations, recite certain methods of organizing human activity for managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) as well as commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). The claimed invention recites steps for updating end user screen images on a third part listing website. The specification further sets forth "Changes in vehicle data can affect the value of a vehicle significantly. Therefore, there is a further market demand to develop an automated system for automatically updating the end-user screen images at the various vehicle sale sites or dealerships’ [002]. The steps under its broadest reasonable interpretation specifically fall under sales activities. The Examiner notes that although the claim limitations are summarized, the analysis regarding subject matter eligibility considers the entirety of the claim and all of the claim elements individually, as a whole, and in ordered combination.
Prong 2: This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of:
A computer-implemented method for automatically creating vehicle end-user screen images, comprising: instructions, stored in non-transitory computer readable memory that, when executed by a processor, cause the processor to perform the steps of: (claim 1)
A network connected computer system for automatically updating an end-user screen image based on updates from automotive data sources, comprising: (claim 6)
A computer system for automatically creating and updating end-user screen images based on automotive data sources, comprising (claim 12):
an automatic input system (claim 6, 12)
processor (claim 6)
a routine monitoring system (claim 6, 12)
an automatic syndication system (claim 6, 12)
automatically adding
via a user interface; and
executing two processing loops each comprising:
automatically generating an optimized composite end-user screen image by selecting from multiple available images according to predefined ranking criteria using a rule-based auto insertion of the images that are determined to be relevant for a website listing; and
automatically updating end-user screen images on at least […] via a network by dynamically adjusting resolution, and metadata for compatibility,
[…] a second programming loop comprises adaptive processing of an image, including format transformation and metadata standardization.
The additional elements of listed above are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of processing data) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The claim recites only the idea of a solution or outcome and fails to detail how the solution is accomplished. The limitations do not impose any meaningful limits on practicing the abstract idea, and therefore do not integrate the abstract idea into a practical application – MPEP 2106.05(f).
Accordingly, these additional elements when considered individually or as a whole do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The independent claims are directed to an abstract idea.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A Prong two, the additional elements in the claims amount to no more than mere instructions to apply the judicial exception using a generic computer component.
Dependent claims 2-4, 7-10, 13-15 and 17 when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. §101 because the additional recited limitations fail to establish that the claims are not directed to the same abstract idea of Independent Claims 1, 6 and 12 without significantly more.
Claim 2 recites wherein the automotive data source images are stored in a commercially available database. The limitation merely further limits the database and the additional element is recited at a high level of generality and does not integrate the judicial exception into a practical application.
Claim 3 recites wherein the commercially available database is selected from one of a Web Page, a Data Source or Application Programming Interface, or a File stored in memory. The limitation merely further limits the database and the additional element is recited at a high level of generality and does not integrate the judicial exception into a practical application.
Claim 4 recites wherein automatic- insertion rules stored in memory and accessed by the processor determine when to automatically insert automotive data source images for a vehicle. The limitation merely further limits the abstract idea and the recitation of the additional element of memory accessed by the processor is recited at a high level of generality and does not integrate the judicial exception into a practical application.
Claim 8 recites wherein updating the image on the at least one third-party listing website occurs either as a result of a trigger at a scheduled time for feed syndication or as a result of a demand for feed syndication as indicated by a user input on a user interface. The limitation merely further limits the abstract idea and the recitation of the additional element of the user interface is recited at a high level of generality and does not integrate the judicial exception into a practical application.
Claim 10 recites wherein updating the image on the at least one third-party listing website occurs either as a result of a trigger at a scheduled time for feed syndication or as a result of a demand for feed syndication as indicated by a user input on a user interface. The limitation merely further limits the abstract idea and the recitation of the additional element of memory accessed by the processor is recited at a high level of generality and does not integrate the judicial exception into a practical application.
Claim 14 recites including a software-based program. The limitation merely further limits the computer system and the additional element is recited at a high level of generality and does not integrate the judicial exception into a practical application.
Claim 15 recites wherein the process with auto- insertion rules determines when to automatically insert automotive data source images for an associated vehicle. The limitation merely further limits the abstract idea does not integrate the judicial exception into a practical application.
Claim 17 recites wherein the routine periodic monitoring system is a software-based computer program. he limitation merely further limits the computer system and the additional element is recited at a high level of generality and does not integrate the judicial exception into a practical application.
Claims 7, 9, and 13 recite parallel claim language and are therefore rejected for the same reasons set forth above. For these reasons claims 1-4, 6-10, 12-15 and 17 are rejected under 35 USC 101.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Astorg (US 20140279868) in view of Singhal (US 20220309280) in further view of St. Clair (US 20140189056).
Regarding claim 1, Astorg discloses:
A computer-implemented method for automatically creating vehicle end-user screen images, comprising:
instructions, stored in non-transitory computer readable memory that, when executed by a processor, cause the processor to perform the steps of (shown in Figure 1):
automatically adding automotive data source images based on a user request received via a user interface; and (receiving a user request for vehicle information 1102/ images of vehicles shown in Figure 11B)
executing two processing loops each comprising: automatically generating an optimized composite end-user screen image by selecting from multiple available images according to predefined ranking criteria; and [0120] If there are images present in the system, then a determination is made as to whether there is a newer image(s), 508. One way to accomplish this determination is to compare the image(s) present in the system to the image(s) present at the source such as a web hosting provider for the dealership, and if there is a difference in the image based on, for example, the contents, the name, and/or the creation date, then a newer image(s) may be available when the source has a more recent image(s).
automatically updating end-user screen images on at least one third-party listing website via a network (shown in Figure 11B)
wherein a first programming loop comprises processing a vehicle ([0117] The database is queried for active vehicles, 502.) and a second programming loop comprises adaptive processing of an image, [0121] When a newer image(s) is available, retrieving the newer image(s), 510. In a further embodiment, retrieving includes processing the image(s) for size and type, storing the image in the structure file system present on the storage such as by having an image file directory associated with the vehicle, and inserting or updating a record in the appropriate data table identifying the location of the images in the file system (and in a further embodiment the date the image(s) was processed)
While Astorg discloses making a determination that new content is present and updating the end user interface based on that determination and processing an image for size and type on a third party website [0121 and Figure 11B] and periodic refreshing of content, the reference does not expressly disclose:
[…] using a rule-based auto insertion of the images that are determined to be relevant for a website listing; and
[…] by dynamically adjusting resolution, and metadata for compatibility;
Adaptive processing of an image including format transformation and metadata standardization
However Singhal teaches:
using a rule-based auto insertion of the images that are determined to be relevant for a website listing; and [0022] In some embodiments, for instance, machine learning is used to classify the videos by product, product feature, and aesthetic quality, so that only videos relevant to the features of the product are presented on the webpage, while videos that are not relevant or not of high quality are not presented to the user. In some embodiments, the videos are located, analyzed, modified (e.g., reduced to one or more relevant snippets or portions), and integrated into the product webpage in an offline or background processing environment such that videos relevant to the product are available when the product webpage is served to the user's browser.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the updating of new content and processing of an image to be displayed on a third party website as taught in Astorg to include using a rule-based auto insertion of the images that are determined to be relevant for a website listing; and, as taught in Singhal, in order to ensure only relevant content is provided to the end user (paragraph 0022).
While Astorg discloses making a determination that new content is present and updating the end user interface based on that determination and processing an image for size and type on a third party website [0121 and Figure 11B] and periodic refreshing of content and Singhal teaches determining relevant videos for product listings, the references do not expressly disclose:
[…] by dynamically adjusting resolution, and metadata for compatibility;
Adaptive processing of an image including format transformation and metadata standardization
However St. Clair teaches:
[…] by dynamically adjusting resolution, and metadata for compatibility; Adaptive processing of an image including format transformation and metadata standardization ([0062] In particular embodiments, composition of a content board may include modification of the content to adapt the content to mobile computing device 10 (e.g., modifying the image size, resolution, aspect ratio, colors, file size), modification of the content to adapt the content to the user's preferences and/or settings)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the updating of new content as taught in Astorg in view of Singhal to include […] by dynamically adjusting resolution, and metadata for compatibility; Adaptive processing of an image including format transformation and metadata standardization, as taught in St. Clair, in order to ensure the freshest most relevant content is presented to the user (paragraph 0068).
Regarding claim 2, Astorg in view of Singhal in further view of St. Clair teaches the limitations set forth above. Astorg further discloses:
wherein the automotive data source images are stored in a commercially available database. [0116] Data about the vehicles may be collected from a multitude of sources including, for example but not limited to: the Dealership Management System, the vehicle manufacture's computer system(s) such as information relating to warranty and MSRP, third party data resources such as Carfax, Autocheck, NADA, Kelley Blue Book (KBB), and the dealership's website hosting provider. This data is encoded and stored in many different native formats including: images, PDF documents, text documents, XML data feeds, and relational databases.
Regarding claim 3, Astorg in view of Singhal in further view of St. Clair teaches the limitations set forth above. Astorg further discloses:
wherein the commercially available database is selected from one of a Web Page, a Data Source or Application Programming Interface, or a File stored in memory. [0116] Data about the vehicles may be collected from a multitude of sources including, for example but not limited to: the Dealership Management System, the vehicle manufacture's computer system(s) such as information relating to warranty and MSRP, third party data resources such as Carfax, Autocheck, NADA, Kelley Blue Book (KBB), and the dealership's website hosting provider. This data is encoded and stored in many different native formats including: images, PDF documents, text documents, XML data feeds, and relational databases.
Regarding claim 4, Astorg in view of Singhal in further view of St. Clair teaches the limitations set forth above. Astorg further discloses:
wherein automatic- insertion rules stored in memory and accessed by the processor determine when to automatically insert automotive data source images for a vehicle. ([0130] When there is content present, the retrieval application determines whether newer content is available for that data category, 560. When the content is not newer, than the method proceeds to step 564. When there is newer content available, the retrieval application retrieves the newer content for that data category and updates the data record(s) for the vehicle, 562.).
Claims 6, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Astorg (US 20140279868) in view of Singhal (US 20220309280) in view St. Clair (US 20140189056) in further view of Katic (US 20150186390).
Regarding claim 6, Astorg discloses:
A network connected computer system for automatically updating an end-user screen image based on updates from automotive data sources, comprising:
an automatic input system including implementation of auto-insertion rules by a processor for automatically adding automotive data source images ([0130] When there is content present, the retrieval application determines whether newer content is available for that data category, 560. When the content is not newer, than the method proceeds to step 564. When there is newer content available, the retrieval application retrieves the newer content for that data category and updates the data record(s) for the vehicle, 562.) upon user request on a user interface of a user device that is received via the network; (receiving a user request for vehicle information 1102/ images of vehicles shown in Figure 11B) (claim 1)
a routine monitoring system to periodically check and automatically update the end-user screen image based on detected changes from automotive data sources ([0116] Depending on the selection of instructions embedded into particular code, the information can be programmatically retrieved on an hourly, daily, weekly or monthly basis depending on system implementation when it is believed refreshing the data periodically or even when data changes or requires updating) […]
an automatic syndication system with two computer programming loops to update the end-user screen image on at least one third-party listing website, [0120] If there are images present in the system, then a determination is made as to whether there is a newer image(s), 508. One way to accomplish this determination is to compare the image(s) present in the system to the image(s) present at the source such as a web hosting provider for the dealership, and if there is a difference in the image based on, for example, the contents, the name, and/or the creation date, then a newer image(s) may be available when the source has a more recent image(s).
wherein a first programming loop comprising processing a vehicle ([0117] The database is queried for active vehicles, 502.)
While Astorg discloses making a determination that new content is present and updating the end user interface based on that determination and processing an image for size and type on a third party website [0121 and Figure 11B], the reference does not expressly disclose:
using a rule-based auto insertion of the images that are determined to be relevant for a website listing,
[…] with an adaptive refresh frequency based on the level of detected variations
and a second programming loop comprising adjusting image parameters including resolution for optimal display on the third-party listing website.
However Singhal teaches:
using a rule-based auto insertion of the images that are determined to be relevant for a website listing; and [0022] In some embodiments, for instance, machine learning is used to classify the videos by product, product feature, and aesthetic quality, so that only videos relevant to the features of the product are presented on the webpage, while videos that are not relevant or not of high quality are not presented to the user. In some embodiments, the videos are located, analyzed, modified (e.g., reduced to one or more relevant snippets or portions), and integrated into the product webpage in an offline or background processing environment such that videos relevant to the product are available when the product webpage is served to the user's browser.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the updating of new content and processing of an image to be displayed on a third party website as taught in Astorg to include using a rule-based auto insertion of the images that are determined to be relevant for a website listing; and, as taught in Singhal, in order to ensure only relevant content is provided to the end user (paragraph 0022).
While Astorg discloses making a determination that new content is present and updating the end user interface based on that determination and processing an image for size and type on a third party website [0121 and Figure 11B] and periodic refreshing of content and Singhal teaches determining relevant videos for product listings, the references do not expressly disclose:
[…] with an adaptive refresh frequency based on the level of detected variations
and a second programming loop comprising adjusting image parameters including resolution for optimal display on the third-party listing website.
However St. Clair teaches:
and a second programming loop comprising adjusting image parameters including resolution for optimal display on the third-party listing website. ([0062] In particular embodiments, composition of a content board may include modification of the content to adapt the content to mobile computing device 10 (e.g., modifying the image size, resolution, aspect ratio, colors, file size), modification of the content to adapt the content to the user's preferences and/or settings
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the updating of new content and processing of an image to be displayed on a third party website as taught in Astorg in view of Singhal to include and a second programming loop comprising adjusting image parameters including resolution for optimal display on the third-party listing website., as taught in St. Clair, in order to ensure the freshest most relevant content is presented to the user (paragraph 0068).
While Astorg discloses making a determination that new content is present and updating the end user interface based on that determination and processing an image for size and type on a third party website [0121 and Figure 11B] and periodic refreshing of content, Singhal teaches determining relevant videos for product listings, and St. Clair teaches the modification of an image to fit the third party website, the combination of references does not expressly disclose:
with an adaptive refresh frequency based on the level of detected variations
However Katic teaches:
with an adaptive refresh frequency based on the level of detected variations [0007] Given that different sources of linked content change at different rates, the refresh interval is updated by increasing or decreasing a frequency of the refresh interval in response to an amount of change to data associated with the resource over time.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the updating of new content and processing of an image to be displayed on a third party website as taught in Astorg in view of Singhal in view of St. Clair to include with an adaptive refresh frequency based on the level of detected variations, as taught in Katic, in order to conserve resources when refreshing is not needed for the website (paragraph 007).
Regarding claim 7, Astorg in view of Singhal in view of St. Clair in further view of Katic teaches the limitations set forth above. Astorg further discloses:
wherein the automatic syndication system updates the image on the at least one third-party listing website.(images of vehicles shown in Figure 11B)
Regarding claim 9, Astorg in view of Singhal in view of St. Clair in further view of Katic teaches the limitations set forth above. Astorg further discloses:
wherein the automotive data source images are in a commercially available form selected from a Web Page, a Data Source/Application Programming Interface, and a File from an external automotive data source. [0116] Data about the vehicles may be collected from a multitude of sources including, for example but not limited to: the Dealership Management System, the vehicle manufacture's computer system(s) such as information relating to warranty and MSRP, third party data resources such as Carfax, Autocheck, NADA, Kelley Blue Book (KBB), and the dealership's website hosting provider. This data is encoded and stored in many different native formats including: images, PDF documents, text documents, XML data feeds, and relational databases
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Astorg (US 20140279868) in view of Singhal (US 20220309280) in view of St. Clair (US 20140189056) in view of Katic (US 20150186390) in further view of Aggarwal (US 20230096332).
Regarding claim 8, Astorg in view of Singhal in view of St. Clair in further view of Katic teaches the limitations set forth above. While the combination discloses the updating of content based on the determination that new content exists for a third party website, processing images to fit the third party site, and adjusting the refresh based on the determined changes, the combination does not explicitly disclose:
wherein updating the image on the at least one third-party listing website occurs either as a result of a trigger at a scheduled time for feed syndication or as a result of a demand for feed syndication as indicated by a user input on a user interface
However Aggarwal teaches:
wherein updating the image on the at least one third-party listing website occurs either as a result of a trigger at a scheduled time for feed syndication or as a result of a demand for feed syndication as indicated by a user input on a user interface [0042] Upon completion of crawling 502 the website, the method 300 may include waiting 504 until expiration of a predefined refresh rate, such as a period of an hour, a day, a week, or any other predefined interval. The refresh rate may be selected in order to provide accurate tracking of data that is changeable
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the updating of new content and processing of an image to be displayed on a third party website as taught in Astorg in view of Singhal in view of St. Clair in further view of Katic to include wherein updating the image on the at least one third-party listing website occurs either as a result of a trigger at a scheduled time for feed syndication or as a result of a demand for feed syndication as indicated by a user input on a user interface, as taught in Aggarwal, in order to provide accurate tracking of data that is changeable (paragraph 0042).
Regarding claim 10, Astorg in view of Singhal in view of St. Clair in further view of Katic teaches the limitations set forth above. While the combination discloses the updating of content based on the determination that new content exists for a third party website, processing images to fit the third party site, and adjusting the refresh based on the determined changes, the combination does not explicitly disclose:
wherein updating the image on the at least one third-party listing website occurs either as a result of a trigger at a scheduled time for feed syndication or as a result of a demand for feed syndication as indicated by a user input on a user interface
However Aggarwal teaches:
wherein updating the image on the at least one third-party listing website occurs either as a result of a trigger at a scheduled time for feed syndication or as a result of a demand for feed syndication as indicated by a user input on a user interface [0042] Upon completion of crawling 502 the website, the method 300 may include waiting 504 until expiration of a predefined refresh rate, such as a period of an hour, a day, a week, or any other predefined interval. The refresh rate may be selected in order to provide accurate tracking of data that is changeable
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the updating of new content and processing of an image to be displayed on a third party website as taught in Astorg in view of Singhal in view of St. Clair in further view of Katic to include wherein updating the image on the at least one third-party listing website occurs either as a result of a trigger at a scheduled time for feed syndication or as a result of a demand for feed syndication as indicated by a user input on a user interface, as taught in Aggarwal, in order to provide accurate tracking of data that is changeable (paragraph 0042).
Claims 12-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Astorg (US 20140279868) in view of Singhal (US 20220309280).
Regarding claim 12, Astorg discloses:
A computer system for automatically creating and updating end-user screen images based on automotive data sources, comprising:
an automatic input system with auto-insertion rules for automatic adding automotive data source images upon user request; ([0130] When there is content present, the retrieval application determines whether newer content is available for that data category, 560. When the content is not newer, than the method proceeds to step 564. When there is newer content available, the retrieval application retrieves the newer content for that data category and updates the data record(s) for the vehicle, 562.; receiving a user request for vehicle information 1102/ images of vehicles shown in Figure 11B)
an automatic creation system with two computer programming loops for automatically creating end-user screen images at the request of user via a user interface [0120] If there are images present in the system, then a determination is made as to whether there is a newer image(s), 508. One way to accomplish this determination is to compare the image(s) present in the system to the image(s) present at the source such as a web hosting provider for the dealership, and if there is a difference in the image based on, for example, the contents, the name, and/or the creation date, then a newer image(s) may be available when the source has a more recent image(s)
an automatic syndication system with two computer programming loops for automatic updating end-user screen images at third party listing websites; [0121] When a newer image(s) is available, retrieving the newer image(s), 510. In a further embodiment, retrieving includes processing the image(s) for size and type, storing the image in the structure file system present on the storage such as by having an image file directory associated with the vehicle, and inserting or updating a record in the appropriate data table identifying the location of the images in the file system (and in a further embodiment the date the image(s) was processed)
a routine periodic monitoring system to automatically update end-user screen images based on the detected changes from automotive data sources [0116] Depending on the selection of instructions embedded into particular code, the information can be programmatically retrieved on an hourly, daily, weekly or monthly basis depending on system implementation when it is believed refreshing the data periodically or even when data changes or requires updating.
wherein a first programming loop comprising processing a vehicle ([0117] The database is queried for active vehicles, 502.) and a second programming loop comprising processing an image. [0121] When a newer image(s) is available, retrieving the newer image(s), 510. In a further embodiment, retrieving includes processing the image(s) for size and type, storing the image in the structure file system present on the storage such as by having an image file directory associated with the vehicle, and inserting or updating a record in the appropriate data table identifying the location of the images in the file system (and in a further embodiment the date the image(s) was processed)
While Astorg discloses making a determination that new content is present and updating the end user interface based on that determination and processing an image for size and type on a third party website [0121 and Figure 11B] and periodic refreshing of content, the reference does not expressly disclose:
using a rule-based auto insertion of the images that are determined to be relevant for a website listing;
However Singhal teaches:
using a rule-based auto insertion of the images that are determined to be relevant for a website listing; [0022] In some embodiments, for instance, machine learning is used to classify the videos by product, product feature, and aesthetic quality, so that only videos relevant to the features of the product are presented on the webpage, while videos that are not relevant or not of high quality are not presented to the user. In some embodiments, the videos are located, analyzed, modified (e.g., reduced to one or more relevant snippets or portions), and integrated into the product webpage in an offline or background processing environment such that videos relevant to the product are available when the product webpage is served to the user's browser.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the updating of new content and processing of an image to be displayed on a third party website as taught in Astorg to include and using a rule-based auto insertion of the images that are determined to be relevant for a website listing, as taught in Singhal, in order to ensure only relevant content is provided to the end user (paragraph 0022).
Regarding claim 13, Astorg in view of Singhal teaches the limitations set forth above. Astorg further discloses:
wherein the automotive data sources are in a commercially available form selected from a Web Page, a Data Source/Application Programming Interface, and a File from an automotive data source. [0116] Data about the vehicles may be collected from a multitude of sources including, for example but not limited to: the Dealership Management System, the vehicle manufacture's computer system(s) such as information relating to warranty and MSRP, third party data resources such as Carfax, Autocheck, NADA, Kelley Blue Book (KBB), and the dealership's website hosting provider. This data is encoded and stored in many different native formats including: images, PDF documents, text documents, XML data feeds, and relational databases
Regarding claim 14, Astorg in view of Singhal teaches the limitations set forth above. Astorg further discloses:
including a software-based program. [0225] As will be appreciated by one skilled in the art based on this disclosure, aspects of the present invention may be embodied as a system, method or computer program product. Accordingly, aspects of the present invention may take the form of an entirely hardware embodiment, a processor operating with software embodiment (including firmware, resident software, micro-code, etc.) or an embodiment combining software and hardware aspects that may all generally be referred to herein as a "circuit," "module" or "system." Furthermore, aspects of the present invention may take the form of a computer program product embodied in one or more computer readable medium(s) having computer readable program code embodied thereon.
Regarding claim 15, Astorg in view of Singhal teaches the limitations set forth above. Astorg further discloses:
wherein the process with auto- insertion rules determines when to automatically insert automotive data source images for an associated vehicle. ([0130] When there is content present, the retrieval application determines whether newer content is available for that data category, 560. When the content is not newer, than the method proceeds to step 564. When there is newer content available, the retrieval application retrieves the newer content for that data category and updates the data record(s) for the vehicle, 562.)
Regarding claim 17, Astorg in view of Singhal teaches the limitations set forth above. Astorg further discloses:
wherein the routine periodic monitoring system is a software-based computer program. [0225] As will be appreciated by one skilled in the art based on this disclosure, aspects of the present invention may be embodied as a system, method or computer program product. Accordingly, aspects of the present invention may take the form of an entirely hardware embodiment, a processor operating with software embodiment (including firmware, resident software, micro-code, etc.) or an embodiment combining software and hardware aspects that may all generally be referred to herein as a "circuit," "module" or "system." Furthermore, aspects of the present invention may take the form of a computer program product embodied in one or more computer readable medium(s) having computer readable program code embodied thereon.
Relevant Art Not Cited
Harpur (US 20170206283) discloses a system for dynamic website content control to refresh and update website at a calculated refresh rate
Response to Arguments
With respect to the rejection under 35 USC 112(a), the rejection has been withdrawn in view of the claim amendments.
Applicant's arguments filed 12/9/2025 have been fully considered but they are not persuasive.
With respect to the remarks directed to 35 USC 101, the examiner first asserts that the previous and current rejection does not assert that the claims are directed to a mental process. The examiner asserted in the analysis that the claims are directed to a method of organizing human activity. These are two different analyses under MPEP 2106 Subject Matter Eligibility. As stated in the rejection above, These limitations, except for the italicized portions, under their broadest reasonable interpretations, recite certain methods of organizing human activity for managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) as well as commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). The claimed invention recites steps for updating end user screen images on a third part listing website. The specification further sets forth "Changes in vehicle data can affect the value of a vehicle significantly. Therefore, there is a further market demand to develop an automated system for automatically updating the end-user screen images at the various vehicle sale sites or dealerships’ [002]. The steps under its broadest reasonable interpretation specifically fall under sales activities. It is also noted that the amended claim language is not identified as part of the abstract idea, but rather an additional element. Therefore, the remarks directed to the claims being characterized as directed to a “mental process” are not persuasive.
With respect to the remarks directed to “improvement in the functioning of a computer or an improvement to other technology or technical field”, the examiner asserts that the claimed features have not been ignored. The analysis in the rejection above covers each limitation and the conclusion was that the additional elements are merely data processing directed steps and as now amended auto insertion based on a set of rule or criteria. The computer is programmed to carry out a set of steps or instructions to product the end user image and does not improve the technology itself. The technology and additional elements are also recited at a high level of generality as data processing steps performed on generic computer hardware. The alleged absence of these steps existing on another computer system or the assertion of novelty does not bear weight to the consideration under 35 USC 101. This analysis is different and separate from that of prior art considerations.
With respect to the remarks directed to the USPTO examples, the examiner does not find the comparisons persuasive for the same reasons set forth above. The image processing steps recited in the claimed invention are not recited at a level of technical detail to conclude no abstract idea is recited nor does the claim recite image processing in a manner that improves the technical field or technology itself, as shown in the USPTO examples. For at least these reasons, the rejection under 35 USC 101 is maintained.
With respect to the remarks directed to 35 USC 103, the rejection has been updated to reflect the claim amendments. The claims remain rejected under 35 USC 103. The amended language of using a rule-based auto insertion of the images that are determined to be relevant for a website listing has been addressed with the reference Singhal. The reference teaches using machine learning (rules) to classify videos by product and other criteria. This information is then used to determine the relevant videos to provide when the product webpage is served (see [0022]). Therefore, the examiner maintains that all pending claims remain rejected with the addition of Singhal to the independent claim teachings.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA E. FRUNZI whose telephone number is (571)270-1031. The examiner can normally be reached Monday- Friday 7-4 (EST).
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marissa Thein can be reached at (571) 272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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VICTORIA E. FRUNZI
Primary Examiner
Art Unit TC 3689
/VICTORIA E. FRUNZI/Primary Examiner, Art Unit 3689 1/8/2026