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 .
Response to Arguments
Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive.
Applicant argues that the claims are not directed to an abstract idea., the Examiner disagrees. Applicant’s invention is directed to an online platform for booking accommodations which falls into the category of certain methods of organizing human activity, namely marketing or sales activities or behaviors.
Applicant further argues that the additional elements are not generic, therefore the claim is eligible under 35 USC 101. The Examiner disagrees. Based on the original specification as filed, the broadcasting is used to advertise availability. This is not a technical solution to a problem rooted in computer technology. As the claims are currently presented a user merely picks a room on a generic computer.
From Applicant’s specification “Overview”:
This added feature can be implemented on existing accommodation applications and websites, which promote short-term availability of multiple types of lodging establishments via a website or app, using Android, Apple iOS, Huawei or any other mobile operating system or computer browser. Through this system, hosts can broadcast their available rooms in a safe and secure manner, while guests have access to a wide range of options.
In an aspect, a method is disclosed for broadcasting to secure accommodations in a web-based and application-based platform is disclosed. In some instances, the various platforms can be initiated in platforms including Android, IoS, Huawei, and any other platform that can be paired with hardware devices including computers and mobile phones that have memory and processors.
Accordingly, Applicant’s arguments are not persuasive and the rejections are maintained.
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 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
MPEP 2106 Step 2A-Prong 1
The claims recite:
a plurality of inputs associated with a selected physical accommodation, the plurality of inputs comprising location data, availability window, pricing data, and amenity data;
storing the plurality of inputs including received accommodation information in a structured accommodation data store
selecting a physical accommodation to provide a plurality of inputs including accommodation information;
generating a broadcast request, the broadcast request comprising:
the physical accommodation and accommodation information;
data configured to match against stored user occupancy preferences; and a signature linked to the host user for verification of the broadcast request;
transmitting the broadcast request, perform matching operations using an occupant preference to compare the data of the broadcast request against a plurality of predefined occupant preferences stored in association with a plurality of occupant user profiles;
receiving, by the host user, a broadcast response and transmitted from an occupant user, the broadcast response including selection of the physical accommodation made by the occupant user, the selection having been that permits automated comparison of accommodation options based on dynamically weighted preference criteria inputting the plurality of inputs into a user interface of the client device of host user;
The claims falls into the abstract idea groupings of (b) Certain Methods Of Organizing Human Activity ** fundamental economic principles or practices (including hedging, insurance, mitigating risk) commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations) managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)**
The limitations under their broadest reasonable interpretation, covers performance of marketing or sales activities or behaviors, but for the recitation of generic computer components. That is, other than recited, additional elements identified below, nothing in the claim element precludes the step from practically being certain methods of organizing human activity. Accordingly, the claims recite an abstract idea.
MPEP 2106 Step 2A-Prong 2
The recited limitations are not indicative of integration into a practical application. In particular, the claims only recite the following additional elements listed below. These additional elements are recited at a high-level of generality such that in conjunction with the abstract limitations, they amount to no more than:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f);
- (user interface and client device, storage, processor, user equipment and non-transitory computer readable medium; client application, engine, GUI)
mere data gathering/post solution activity in conjunction with a law of nature or abstract idea such as a step of obtaining information about credit card transactions so that the information can be analyzed by an abstract mental process,-(receiving, via a user interface of a client application executed on a client device of a host user; within a cloud-based networked computing environment;
iv. Generally linking the use of the judicial exception to a particular technological environment or field of use, -(metadata, a machine-formatted data packet encoding, digital signature, filtering algorithm, server over a network)
The claims do not include additional elements individually or in an ordered combination that are sufficient to amount to significantly more than the judicial exception. Integration into a practical application requires the additional element(s) to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception. This is not the case in the instant application. Further, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than: mere instructions to apply the exception using a generic computer component; mere data gathering/post solution activity; generally linking the use of the judicial exception to a particular technological environment or field of use.
MPEP 2106 Step 2B
Eligibility requires that the claim recites additional elements that amount to an inventive concept (aka “significantly more”) than the recited judicial exception. As discussed above, this is where the instant application falls short. The claims do not include additional elements individually or in an ordered combination that are sufficient to amount to significantly more than the judicial exception
Dependent Claims Step 2A:
The limitations of the dependent claims but for those addressed below merely set forth further refinements of the abstract idea without changing the analysis already
presented (that is, they further limit the organizing of human activities at step 2A —
Prong One without adding any new additional elements other than those already
analyzed above with respect to the independent claims at 2A — Prong Two; While claims 4 and 1 recite an occupant user device; Claims 7, 14 and 20 recite a broadcasting platform, these additional elements do not remedy the deficiencies.
Dependent Claims Step 2B:
The dependent claims merely use the same general technological environment
and instructions to implement the abstract idea as the independent claims without
adding any new additional elements. Accordingly, they are not directed to significantly
more than the exception itself, and are not eligible subject matter under § 101.
Conclusion
THIS ACTION IS MADE FINAL. 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 TONYA S JOSEPH whose telephone number is (571)270-1361. The examiner can normally be reached M-F 6:30-2:30, First Fridays Off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shannon Campbell can be reached at (571) 272-5587. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TONYA JOSEPH/Primary Examiner, Art Unit 3628