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 .
DETAILED ACTION
This responds to Applicant’s Arguments/Remarks filed 06/20/2025. Claims 1, 13 have been amended. Claims 1-21 are now pending in this Application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/20/2025 has been entered.
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 1-20 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1 appears to be directed to an abstract idea without reciting additional limitations that tie it to a practical application or without reciting additional limitations that amount to significantly more than the abstract idea. One can mentally generate graph with nodes for spaces in a building as well as assets that are contained within those spaces. Then one can also mentally associate and classify senor readings and generate relationships between spaces, assets and sensors. The additional limitations are receiving data. These additional limitations are mere data gathering which are insignificant extra solution activities under step 2A prong II and well understood routine and conventional under step 2B (For Berkhiemer See MPEP 2106.05(d)(II) Versata.)
Step 2A, Prong One: Mathematical Concepts
Independent claims 1, 9, and 17 are directed to a hierarchical data object with hierarchical chat:
a first-tier hierarchical data object comprising: a first plurality of user accounts associated with the first-tier hierarchical data object; and one or more first-tier context files configured to be accessible by only the users of the first plurality of user accounts; a plurality of second-tier hierarchical data objects linked to the first hierarchical tier data object, each second-tier hierarchical data object comprising: a second plurality of user accounts associated with the second-tier hierarchical data object; and one or more second-tier context files configured to be accessible by only the users of the second plurality of user accounts; a plurality of third-tier hierarchical data objects each linked to a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects, each third-tier hierarchical data objects comprising: a third plurality of user accounts associated with the third-tier hierarchical data object; and one or more third-tier context files configured to be accessible by only the users of the third plurality of user accounts. This recites a mentally performable process. This is also consistent with the specification in paragraph [0030-0031]) where one can mentally judge that can associated with hierarchical data object.
a first real-time text communication group linked to a first linked hierarchical data object being at least one of a second-tier hierarchical data object and a third-tier hierarchical data object and is configured to be accessible by the plurality of user accounts comprised by the linked hierarchical data object; and a second real-time text communication group linked to a second linked hierarchical data object being at least one of the first-tier hierarchical data object, a second-tier hierarchical data object, and a third-tier hierarchical data object, the second linked hierarchical data object being different from the first linked hierarchical data object. As such, this step can be performed mentally.
a configurable immediate context comprising a user-selectable subset of the first-tier hierarchical data object, the plurality of second-tier hierarchical data objects, and the plurality of third-tier hierarchical data objects, wherein alerts and notifications are configurable to be received for received for activity from either all of the first-tier hierarchical data object, the plurality of second-tier hierarchical data objects, and plurality of third-tier hierarchical data objects, or only for activity from items in the configurable immediate context. The limitation do not provide a specific data structure implementation or alert-generation mechanism, a technical improvement to computer performance.
Step 2A Prong Two and Step 2B
Use of processors to execute, generate, would constitute use of a generic computer used as tool to implement the abstract idea discussed above.
The step of receiving data associated with a building constitutes an insignificant extra-solution activity in the form of mere data gather, see MPEP 2106.05(g)
i. Performing clinical tests on individuals to obtain input for an equation, In re Grams, 888 F.2d 835, 839-40; 12 USPQ2d 1824, 1827-28 (Fed. Cir. 1989);
Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
Dependent claims 2-12, 14-21 do not recite any additional elements that amount to significantly more than the abstract idea itself, as it does not specify any unconventional data structure, processing technique or improvement to computer functionality.
Accordingly claims 1-21 are found to be directed to a patent ineligible abstract Idea.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-21 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.
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.
Claim(s) 1-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marmar et al (U.S. Pub No. 2021/0168110 A1), and Rogynskyy et al (U.S. Pub No. 10,489,462), and further in view of Heinze et al (U.S. Patent No. 8,026,814).
As per claim 1, Marmar discloses a hierarchical data object system with hierarchical chat functionality comprising:
a processor; a network communication device operably coupled to the processor and configured to communicate across a computer network; and a non-transitory computer-readable medium positioned in operable communication with the processor and having stored thereon software that is executable by the processor that, when executed by the processor, defines a software system comprising (Par [0042, 0045]):
a first-tier hierarchical data object comprising; a plurality of second-tier hierarchical data objects linked to the first hierarchical tier data object, each second-tier hierarchical data object comprising:
a plurality of third-tier hierarchical data objects each linked to a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects, each third-tier hierarchical data objects comprising: (Par [0035, 0042-0044]);
a first real-time text communication group linked to a first linked hierarchical data object being at least one of a second-tier hierarchical data object and a third-tier hierarchical data object and is configured to be accessible by the plurality of user accounts comprised by the linked hierarchical data object; and a second real-time text communication group linked to a second linked hierarchical data object being at least one of the first-tier hierarchical data object, a second-tier hierarchical data object, and a third-tier hierarchical data object, the second linked hierarchical data object being different from the first linked hierarchical data object (Par [0035, 0042-0044, 0069-0070] and Fig 7A-7F);
a configurable immediate context comprising a user-selectable subset of the first-tier hierarchical data object, the plurality of second-tier hierarchical data objects, and the plurality of third-tier hierarchical data objects (par [0035, 0042-0044, 0069-0070]),
wherein, a first text communication received from a user account comprised by the plurality of user accounts comprised by the linked hierarchical data object is transmitted to each other user account of the plurality user accounts comprised by the first linked hierarchical data object (Par [0035, 0042-0044]).
Marmar discloses first-tier, second-tier and third-tier hierarchical data object, group link object. Marma does not explicitly disclose a first plurality of user accounts associated with the first-tier hierarchical data object; and one or more first-tier context files configured to be accessible by only the users of the first plurality of user accounts; a second plurality of user accounts associated with the second-tier hierarchical data object; and one or more second-tier context files configured to be accessible by only the users of the second plurality of user accounts; a third plurality of user accounts associated with the third-tier hierarchical data object; and one or more third-tier context files configured to be accessible by only the users of the third plurality of user accounts.
However, Rogynskyy discloses a first plurality of user accounts associated with the first-tier hierarchical data object; and one or more first-tier context files configured to be accessible by only the users of the first plurality of user accounts; a second plurality of user accounts associated with the second-tier hierarchical data object; and one or more second-tier context files configured to be accessible by only the users of the second plurality of user accounts; a third plurality of user accounts associated with the third-tier hierarchical data object; and one or more third-tier context files configured to be accessible by only the users of the third plurality of user accounts (Col 42 lines 36-67 through col 43 lines 1-20, Col 65 lines 19-32).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Rogynskyy into the teaching of Marmar in order to reduce time consuming for user (Col 1 lines 36-37).
Marmar and Rogynkyy do not explicitly disclose wherein alerts and notifications are configurable to be received for received for activity from either all of the first-tier hierarchical data object, the plurality of second-tier hierarchical data objects, and plurality of third-tier hierarchical data objects, or only for activity from items in the configurable immediate context.
However, Heinze discloses wherein alerts and notifications are configurable to be received for received for activity from either all of the first-tier hierarchical data object, the plurality of second-tier hierarchical data objects, and plurality of third-tier hierarchical data objects, or only for activity from items in the configurable immediate context (Col 20 lines 19-55).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Heinze into the teaching of Marmar as modified by Rogynkyy in order to track the system and secure valuable moveable assets within a facility (Col 1 lines 66 through col 2 lines 1-2).
As per claim 2, Marmar discloses the hierarchical data object system of claim 1 wherein the first real-time text communication group is linked to at least two hierarchical data objects selected from the group consisting of second-tier hierarchical data objects and third-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 3, Marmar discloses the hierarchical data object system of claim 2 wherein the first real-time text communication group is linked to a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects and a third-tier hierarchical data object of the plurality of third-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 4, Marmar discloses the hierarchical data object system of claim 2 wherein the first real-time text communication group is linked to two second-tier hierarchical data objects of the plurality of second-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 5, Marmar discloses the hierarchical data object system of claim 1 the second real-time text communication group is linked to at least two data objects selected from the group consisting of second-tier hierarchical data objects and third-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 6, Marmar discloses the hierarchical data object system of claim 5 wherein the second real-time text communication group is linked to a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects and a third-tier hierarchical data object of the plurality of third-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 7, Marmar discloses the hierarchical data object system of claim 5 wherein the second real-time text communication group is linked to the first-tier hierarchical data object and one of a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects and a third-tier hierarchical data object of the plurality of third-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 8, Marmar discloses the hierarchical data object system of claim 1 wherein the first-tier hierarchical data object, the plurality of second-tier hierarchical data objects, and the plurality of third-tier hierarchical data objects are organized into one of a tree hierarchy and a non-tree hierarchy (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 9, Marmar discloses the hierarchical data object system of claim 1 wherein:
the first-tier hierarchical data object comprises: a client field; and a manager field; the second-tier hierarchical data objects each comprise: a linked first-tier hierarchical data object field; a creating user field; and an assigned user field; the third-tier hierarchical data objects each comprise: a linked second-tier hierarchical data object field; a creating user field; and an assigned user field; and the first and second real-time text communication groups each comprise: a linked hierarchical data object field; a posting user field; a message content field; an attachment field; a status field; and a timestamp (Par [0012, 0035, 0040, 0069, 0090]).
As per claim 10, Marmar discloses the hierarchical data object system of claim 1 further comprising a third real-time text communication group linked to a third linked hierarchical data object being at least one of the first-tier hierarchical data object, a second-tier hierarchical data object, and a third-tier hierarchical data object, the third linked hierarchical data object being different from each of the first linked hierarchical data object and the second linked hierarchical data object; wherein each of the first-tier hierarchical data object, a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects, and a third-tier hierarchical data object of the plurality of third-tier hierarchical data objects are comprised by at least one of the first linked hierarchical data object, the second linked hierarchical data object, and the third linked hierarchical data object (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 11, Marmar discloses the hierarchical data object system of claim 10 wherein: the first linked hierarchical data object is a second-tier hierarchical data object; the second linked hierarchical data object is a third-tier hierarchical data object; and the third linked hierarchical data object is the first-tier hierarchical data object (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 12, Marmar discloses the hierarchical data object system of claim 1 wherein at least one user of a second plurality of user accounts of a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects is the same as at least one user of a third plurality of user accounts of a third-tier hierarchical data object of the plurality of third-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 13, Marmar discloses a hierarchical data object system with hierarchical chat functionality comprising:
a processor; a network communication device operably coupled to the processor and configured to communicate across a computer network; and a non-transitory computer-readable medium positioned in operable communication with the processor and having stored thereon software that is executable by the processor that, when executed by the processor, defines a software system comprising: a first-tier hierarchical data object comprising (par [0042, 0045, 0050]):
a first plurality of user accounts associated with the first-tier hierarchical data object; a client field; and a manager field (Par [0035, 0042-0045]);
a plurality of second-tier hierarchical data objects linked to the first hierarchical tier data object, each second-tier hierarchical data object comprising: a linked first-tier hierarchical data object field; a creating user field; and an assigned user field (Par [0035, 0042-0045]);
a plurality of third-tier hierarchical data objects each linked to a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects, each third-tier hierarchical data objects comprising: (Par [0035, 0042-0045] and fig 7A-7F);
a linked second-tier hierarchical data object field; a creating user field; and an assigned user field (Par [0035, 0042-0045]);
a first real-time text communication group linked to a first linked hierarchical data object being at least one of a second-tier hierarchical data object and a third-tier hierarchical data object and is configured to be accessible by the plurality of user accounts comprised by the linked hierarchical data object (Par [0035, 0042-0044, 0069-0070] fig 7A-7F); and
a second real-time text communication group linked to a second linked hierarchical data object being at least one of the first-tier hierarchical data object, a second-tier hierarchical data object, and a third-tier hierarchical data object, the second linked hierarchical data object being different from the first linked hierarchical data object (Par [0035, 0042-0044, 0069-0070] fig 7A-7F);
wherein the first and second real-time text communication groups each comprise: a linked hierarchical data object field; a posting user field; a message content field; an attachment field; a status field; and a timestamp; and wherein the first real-time text is linked to at least two hierarchical data objects selected from the group consisting of second-tier hierarchical data objects and third-tier hierarchical data objects (Par [0012, 0035, 0040, 0069, 0090]).
a configurable immediate context comprising a user-selectable subset of the first-tier hierarchical data object, the plurality of second-tier hierarchical data objects, and the plurality of third-tier hierarchical data objects (par [0035, 0042-0044, 0069-0070]),
wherein, a first text communication received from a user account comprised by the plurality of user accounts comprised by the linked hierarchical data object is transmitted to each other user account of the plurality user accounts comprised by the first linked hierarchical data object (Par [0035, 0042-0044]).
Marmar discloses first-tier, second-tier and third-tier hierarchical data object, group link object. Marma does not explicitly disclose a first plurality of user accounts associated with the first-tier hierarchical data object; and one or more first-tier context files configured to be accessible by only the users of the first plurality of user accounts; a second plurality of user accounts associated with the second-tier hierarchical data object; and one or more second-tier context files configured to be accessible by only the users of the second plurality of user accounts; a third plurality of user accounts associated with the third-tier hierarchical data object; and one or more third-tier context files configured to be accessible by only the users of the third plurality of user accounts.
However, Rogynskyy discloses a first plurality of user accounts associated with the first-tier hierarchical data object; and one or more first-tier context files configured to be accessible by only the users of the first plurality of user accounts; a second plurality of user accounts associated with the second-tier hierarchical data object; and one or more second-tier context files configured to be accessible by only the users of the second plurality of user accounts; a third plurality of user accounts associated with the third-tier hierarchical data object; and one or more third-tier context files configured to be accessible by only the users of the third plurality of user accounts (Col 42 lines 36-67 through col 43 lines 1-20, Col 65 lines 19-32).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Rogynskyy into the teaching of Marmar in order to reduce time consuming for user (Col 1 lines 36-37).
Marmar and Rogynkyy do not explicitly disclose wherein alerts and notifications are configurable to be received for received for activity from either all of the first-tier hierarchical data object, the plurality of second-tier hierarchical data objects, and plurality of third-tier hierarchical data objects, or only for activity from items in the configurable immediate context.
However, Heinze discloses wherein alerts and notifications are configurable to be received for received for activity from either all of the first-tier hierarchical data object, the plurality of second-tier hierarchical data objects, and plurality of third-tier hierarchical data objects, or only for activity from items in the configurable immediate context (Col 20 lines 19-55).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Heinze into the teaching of Marmar as modified by Rogynkyy in order to track the system and secure valuable moveable assets within a facility (Col 1 lines 66 through col 2 lines 1-2).
As per claim 14, Marmar discloses the hierarchical data object system of claim 13 wherein the first real-time text communication group is linked to a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects and a third-tier hierarchical data object of the plurality of third-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 15, Marmar discloses the hierarchical data object system of claim 13 wherein the first real-time text communication group is linked to two second-tier hierarchical data objects of the plurality of second-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 16, Marmar discloses the hierarchical data object system of claim 13 the second real-time text communication group is linked to at least two data objects selected from the group consisting of second-tier hierarchical data objects and third-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 17, Marmar discloses the hierarchical data object system of claim 16 wherein the second real-time text communication group is linked to a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects and a third-tier hierarchical data object of the plurality of third-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 18, Marmar discloses the hierarchical data object system of claim 16 wherein the second real-time text communication group is linked to the first-tier hierarchical data object and one of a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects and a third-tier hierarchical data object of the plurality of third-tier hierarchical data objects (Par [0035, 0042-0044, 0069-0070] fig 7A-7F).
As per claim 19, Marmar discloses the hierarchical data object system of claim 13 wherein the first-tier hierarchical data object, the plurality of second-tier hierarchical data objects, and the plurality of third-tier hierarchical data objects are organized into one of a tree hierarchy and a non-tree hierarchy (Par [0035, 0042-0044, 0069-0070]).
As per claim 20, Marmar discloses the hierarchical data object system of claim 13 further comprising a third real-time text communication group linked to a third linked hierarchical data object being at least one of the first-tier hierarchical data object, a second-tier hierarchical data object, and a third-tier hierarchical data object, the third linked hierarchical data object being different from each of the first linked hierarchical data object and the second linked hierarchical data object; wherein each of the first-tier hierarchical data object, a second-tier hierarchical data object of the plurality of second-tier hierarchical data objects, and a third-tier hierarchical data object of the plurality of third-tier hierarchical data objects are comprised by at least one of the first linked hierarchical data object, the second linked hierarchical data object, and the third linked hierarchical data object (Par [0035, 0042-0044, 0069-0070]).
As per claim 21, Marmar discloses the hierarchical data object system of claim 20 wherein: the first linked hierarchical data object is a second-tier hierarchical data object; the second linked hierarchical data object is a third-tier hierarchical data object; and the third linked hierarchical data object is the first-tier hierarchical data object(Par [0035, 0042-0044, 0069-0070]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THU N NGUYEN whose telephone number is (571)270-1765. The examiner can normally be reached Monday to Friday from 9:30AM-6:00PM.
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, Boris Gorney can be reached on 571-270-5626. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
January 10, 2026
/THU N NGUYEN/ Examiner, Art Unit 2154