DETAILED ACTION
This is a Non-Final Office Action in response to claims on 04/01/2026. Claims 1-3, 5-12, and 14-20 are pending. The effective filing date is 01/30/2023.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/30/2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-3, 5-12, and 14-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
Step 1-Claims 1-3, 5-10 are directed to a system, which is patent eligible subject matter. Claims 11-12, 14-19 are directed to a method, which is patent eligible subject matter. Claim 20 is directed to a non-transitory computer readable medium, which is an article of manufacture, which is patent eligible subject matter. Claims 1-20 pass step 1.
Step 2A, Prong 1-The independent claim 1, and similarly claims 11 and 20, recites:
a non-transitory memory having instructions stored thereon (additional element analyzed in Step 2A, Prong 2 and Step B); and
at least one processor operatively coupled to the non-transitory memory (additional element analyzed in Step 2A, Prong 2 and Step B), and configured to read the instructions to:
obtain current product location information regarding current products being displayed in a retailer store (obtaining product information is a step of collecting information, which is a mental process that can be practically performed in the human mind, see MPEP 2106.04(a)(2)(III)(A) a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
obtain recommended assortment information regarding future products to be displayed in the retailer store (obtaining recommendation information is a step of collecting information, which is a mental process that can be practically performed in the human mind, see MPEP 2106.04(a)(2)(III)(A) a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
execute at least one model to apply the recommended assortment information to generate a plurality of candidate layouts each of which corresponds to a two-dimensional arrangement of the future products to be displayed in the retailer store (making a determination is a step of analyzing information, which is a mental process that can be practically performed in the human mind, see MPEP 2106.04(a)(2)(III)(A) a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
in response to generation of the plurality of candidate layouts by the at least one model, execute for each of the plurality of candidate layouts:
an area ratio model on a first processing unit of a plurality of processing units to compute a level of equitability of space allocation for a plurality of product groups to generate a minimum area ratio for each of the plurality of candidate layouts (a model is a way to perform an analysis, which can be grouped into all three abstract idea categories. Under MPEP 2106.04(a)(2)(I)(A) the relationship between variable is to be considered an abstract idea; MPEP 2106.04(a)(2)(II)(C) is following rules, and when the models are used to create a plan for a store, this is a method of creating rules for employees to place items, and finally MPEP 2106.04(a)(2)(III)(A) analyzing information can be considered a mental process);
a ranking model on a second processing unit of the plurality of processing units to compute a level of protection of top products in the plurality of product groups to generate a first unprotected rank for each of the plurality of candidate layouts (a model is a way to perform an analysis, which can be grouped into all three abstract idea categories. Under MPEP 2106.04(a)(2)(I)(A) the relationship between variable is to be considered an abstract idea; MPEP 2106.04(a)(2)(II)(C) is following rules, and when the models are used to create a plan for a store, this is a method of creating rules for employees to place items, and finally MPEP 2106.04(a)(2)(III)(A) analyzing information can be considered a mental process);
a propensity model on a third processing unit of the plurality of processing units to compute a deviation of the candidate layout from a current layout of current products to generate a combined propensity score for each of the plurality of candidate layouts (a model is a way to perform an analysis, which can be grouped into all three abstract idea categories. Under MPEP 2106.04(a)(2)(I)(A) the relationship between variable is to be considered an abstract idea; MPEP 2106.04(a)(2)(II)(C) is following rules, and when the models are used to create a plan for a store, this is a method of creating rules for employees to place items, and finally MPEP 2106.04(a)(2)(III)(A) analyzing information can be considered a mental process); and
a contiguity model on a fourth processing unit of the plurality of processing units to compute a level of blockiness of a plurality of coded layout portions in the candidate layout to generate a contiguity score for each of the plurality of candidate layouts (a model is a way to perform an analysis, which can be grouped into all three abstract idea categories. Under MPEP 2106.04(a)(2)(I)(A) the relationship between variable is to be considered an abstract idea; MPEP 2106.04(a)(2)(II)(C) is following rules, and when the models are used to create a plan for a store, this is a method of creating rules for employees to place items, and finally MPEP 2106.04(a)(2)(III)(A) analyzing information can be considered a mental process);
for each of the plurality of candidate layouts, iteratively input an objective function based on the current product location information, a corresponding set of parameters and a weighted sum of at least one of: the minimum area ratio computed via the area ratio model on the first processing unit of the plurality of processing units, the first unprotected rank computed via the ranking model on the second processing unit of the plurality of processing units, the combined propensity score computed via the propensity model on the third processing unit of the plurality of processing units, or the contiguity score computed via the contiguity model on the fourth processing unit of the plurality of processing units to an integer programming model, and for each iteration, execute the integer programming model to generate a score characterizing a maximization of the respective objective function based on maximization of at least one of (i) the minimum area ratio (ii) the first unprotected rank, (iii) the combined propensity score, and (iv) the contiguity score (making a calculation is a step of analyzing information, which is a mental process that can be practically performed in the human mind, see MPEP 2106.04(a)(2)(III)(A) a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016); additionally, calculations are its own type of abstract idea, as comparing elements can be seen as a mathematical relationship under MPEP 2106.04(a)(2)(I)(A) iv. organizing information and manipulating information through mathematical correlations, Digitech Image Techs., LLC v. Electronics for Imaging, Inc., 758 F.3d 1344, 1350, 111 USPQ2d 1717, 1721 (Fed. Cir. 2014). The patentee in Digitech claimed methods of generating first and second data by taking existing information, manipulating the data using mathematical functions, and organizing this information into a new form. The court explained that such claims were directed to an abstract idea because they described a process of organizing information through mathematical correlations, like Flook's method of calculating using a mathematical formula. 758 F.3d at 1350, 111 USPQ2d at 1721);
execute at least one model to apply the corresponding scores of the respective objective functions for each of the plurality of candidate layouts to generate an optimal layout that optimizes the objective function (generating an optimized layout for a store is the concept of a commercial interaction, particularly sales activities since the goal is to optimize a store layout for sales, see MPEP 2106.04(a)(2)(II)(B) ii. using an algorithm for determining the optimal number of visits by a business representative to a client, In re Maucorps, 609 F.2d 481, 485, 203 USPQ 812, 816 (CCPA 1979); and iii. offer-based price optimization, which pertains to marketing, OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1362-63, 115 USPQ2d 1090, 1092 (Fed. Cir. 2015));
generate a planogram based on the optimal layout for the retailer store (generating a planogram based on the optimized layout for a store is the concept of a commercial interaction, particularly sales activities since the goal is to optimize a store layout for sales, see MPEP 2106.04(a)(2)(II)(B) ii. using an algorithm for determining the optimal number of visits by a business representative to a client, In re Maucorps, 609 F.2d 481, 485, 203 USPQ 812, 816 (CCPA 1979); and iii. offer-based price optimization, which pertains to marketing, OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1362-63, 115 USPQ2d 1090, 1092 (Fed. Cir. 2015)); and
transmit the planogram to a computing device associated with the retailer store for placing at least some of the future products in the retailer store according to the planogram (transmitting the planogram is the act of obtaining information, since it is sending information about a sales activities, and therefore is a mental process, see MPEP 2106.04(a)(2)(III)(A) a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)).
Step 2A, Prong 2-The additional elements of independent claim 1, and similarly claims 11 and 20, include a non-transitory memory, a processor, computing device, programming model and planogram.
This judicial exception is not integrated into a practical application because they fail to provide elements that are more than tools to implement the abstract idea under MPEP 2106.05(f).
A non-transitory memory, processor and computing device are all elements presented a having instruction on them, and configured to implement the steps described, or is the tool used to transmit information. All of the action the computer elements are doing are how they ordinarily are used, and showcases their standard use as a tool to implement the abstract idea. See MPEP 2106.05(f)(2) i. A commonplace business method or mathematical algorithm being applied on a general purpose computer, Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573 U.S. 208, 223, 110 USPQ2d 1976, 1983 (2014); Gottschalk v. Benson, 409 U.S. 63, 64, 175 USPQ 673, 674 (1972); Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015).
The programming model is the tool to perform the calculation. Therefore, under MPEP 210605(f) when an additional element is used as a tool to perform the abstract idea, and specifically when that tool is described in solution only terms, such as the instant claims, the abstract idea is not integrated into a practical application. The solution from the model is to generate area ratio, unprotected ranks, propensity score and contiguity scores, but there are no details to how the solution is performed.
The planogram described is the thing that is generated by the calculations and information obtained. It is a specific thing, similar to a map, of where items in a store are to be placed. This is an additional element, since it is a thing created, but it is not more than a means to link the optimization of placement of items with the creation of a map for the items, and does not provide more than a general link to a particular environment. See MPEP 2106.05(e) In contrast, the claims in Alice Corp. v. CLS Bank International did not meaningfully limit the abstract idea of mitigating settlement risk. 573 U.S. 208, 110 USPQ2d 1976 (2014). In particular, the Court concluded that the additional elements such as the data processing system and communications controllers recited in the system claims did not meaningfully limit the abstract idea because they merely linked the use of the abstract idea to a particular technological environment (i.e., "implementation via computers") or were well-understood, routine, conventional activity recited at a high level of generality. 573 U.S. at 225-26, 110 USPQ2d at 1984-85.
Step 2B-The independent claim 1, and similarly claims 11 and 20, do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements remain to be computer tools used to implement the abstract idea under MPEP 2106.05(f) and does not provide more than a general link to a specific technological environment under MPEP 2106.05(e)
Dependent Claims
Claims 2-3, 10, 12 and 19 add details about the products to be placed on the planogram. Details about the information to be analyzed remains the abstract idea of a mental process under MPEP 2106.04(a)(2)(III). There are no additional elements to provide integration into a practical application or significantly more than the abstract idea.
Claims 5-6, 9, 14-15, and 18 add computing steps, and the details used in the computing step, and therefore are the action of analyzing information, which is a mental process under MPEP 2106.04(a)(2)(III). The analysis being performed on a computer is the use of the additional element as a tool to implement the abstract idea under MPEP 2106.05(f), and does not integrate the judicial exception into a practical application or provide significantly more.
Claims 7-8, and 16-17 add additional determining steps. Making a determination is considered a mental process under MPEP 2106.04(a)(2)(III). Using a computer to make a determination is using that computer as a tool to implement the abstract idea under MPEP 2106.05(f), and does not integrate the judicial exception into a practical application or provide significantly more.
Claims Indicating Allowable Subject Matter
Claims 1-3, 5-12, and 14-20 are not found within the prior art.
The following is a statement of elements not found in prior art:
Claims 1, 11 and 20 recites:
an integer programming model, and for each iteration, execute the integer programming model to generate a score characterizing a maximization of the respective objective function based on maximization of at least one of (i) the minimum area ratio (ii) the first unprotected rank,(iii) the combined propensity score, and (iv) the contiguity score, execute at least one model to apply the corresponding scores of the respective objective functions for each of the plurality of candidate layouts to generate
Specific limitations recited in independent claims:
computing the minimum area ratio representing a level of equitability of space allocation for the plurality of product groups;
computing the first unprotected rank representing a level of protection of top products in the plurality of product groups;
computing the combined propensity score representing a deviation of the candidate layout from a current layout of current products; and
computing the contiguity score representing a level of blockiness of the plurality of coded layout portions in the candidate layout.
The need for the claim to complete all four of these very specific mathematical calculations in not found together in prior art, and would not be obvious to combine.
However, claims 1-3, 5-12, and 14-20 still remain rejected under 101, and amendments would need to be provided to overcome this rejection and integrate the claims into a practical application or provide significantly more than the abstract idea.
Response to Arguments
Applicant's arguments filed 04/01/2026 have been fully considered but they are not persuasive.
Regarding 101
Examiner conferred with QAS Jamisue Plucinski about the 101 and he amended claim language. Below is a more detailed response as to why the 101 rejection has remained.
Step 2A, Prong 1
Making a determination: the applicant asserts that the multiple models being performed on multiple processing units is used to identify and optimize different characteristics, and is more than making a determination. However, the models are being used to perform a calculation about the most optimized location for items within a store, and this can be done in the human mind, and just so happens to used the processor as a tool.
Making a calculation: the relationship between different characteristics is performed using multiple models. The models are calculations, and being performed on a processing unit does not means there is not an abstract idea.
Applicant brings the 2025 Memo about recitation and involving, to be a clear difference. Examiner has taken this reminder to mean that when a claim recites an abstract idea, the entirety of the claim is all about the multiple types of abstract ideas presented, and there is not sufficient details in the claim limitation to indicate that the claim is more than that idea. Therefore, the claim itself is directed to creating a planogram for a store, which has previously been done by a person in their mind based on statistics. Examiner then must analyze if there is sufficiently more to indicate that this is not an abstract idea, but the application of the idea on processing units does not indicate that additional step to merely involve an abstract idea.
Step 2A, Prong 2- Applicant points to multiple models used to calculate outputs, and in additional the multiple processing units performing those models. When a model can be performed mentalls, or even with a pen and paper, hen this is an abstract idea. It may be easier to perform the model on a processor, but this does not mean it cannot be done mentally. With no indication that the models are so cumbersome that doing it mentally would be an impossibility, then the Examiner must analyze the claim limitation as written. Examiner previously noted that in order for the models would need to provide a technical improvement over conventional systems, and Applicant points to the distribution of processing tasks over a plurality of units which reduces the time and unreliability of generation. However, under MPEP 2106.05(a) to be an improvement, that improvement should not solely be based on increased speed by its application on a computer (Accelerating a process of analyzing audit log data when the increased speed comes solely from the capabilities of a general-purpose computer, FairWarning IP, LLC v. Iatric Sys., 839 F.3d 1089, 1095, 120 USPQ2d 1293, 1296 (Fed. Cir. 2016)), is not enough to showcase an improvement to the functioning of a computer. Therefore, when the improvement is speed because of the use of multiple processors, the claim using multiple models does not improve functionality, but rather there are multiple processors to perform multiple mental processes at the same time, and that speed can be equivalent to multiple people performing each model and then comparing answers. .
Step 2B- Applicant discusses the steps that are being performed on the processor as the additional elements that provide more than the abstract idea under MPEP 2106.05(d). However, Examiner looks at MPEP 2106.05(d)(II), the focus is whether the additional elements are well understood, routine and conventional, are showcased in a generic manner, at a high level of generality. Therefore, when the claims recite a processor that is configured to perform the instructions of the abstract idea. The processor is recited in a generic manner. Adding multiple models, and describing the models are described by a name and the relationship between data points showcases a determination (a mental process) on the processor does not change the generality of the processor to accomplish the instruction of obtain, executing a model and generating a plan, would be accomplished using the generic computer. The claim as a whole having multiple processors still is using those processors as a tool to perform the abstract idea.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2018/0060943 A1 Mattingly et al. teaches store management (Abstract); and US 2016/0104232 A1 Perks et al. teaches mapping a store (Abstract); US 2006/0190341 A1 Riley et al. teaches planogram planning ([0020]); and US 2020/0410426 A1 Palmer et al. teaches making business decisions (Abstract).
Conclusion
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/JESSICA E SULLIVAN/ Examiner, Art Unit 3627
/FAHD A OBEID/ Supervisory Patent Examiner, Art Unit 3627
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