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 .
Summary
This Final Office Action in response to the communication received on March 25, 2026.
Claims 1, 8, and 11 have been amended.
Claims 4, 6-7, 9, 14, and 16-17 have been cancelled.
Claims 1-3, 5, 8, 10-13, 15, and 18 are pending.
The effective filing date of the claimed invention is May 1, 2023.
Response to Amendment
Amendments to Claims 1, 8, and 11 are acknowledged.
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, 8, 10-13, 15, and 18 are rejected under 35 U.S.C. 101 because the claimed invention is directed a judicial exception (i.e., an abstract idea) without significantly more.
Step 1 – Statutory Categories
As indicated in the preamble of the claim, the examiner finds the claim is directed to a process, machine, manufacture, or composition of matter.(Claims 11-13, 15, and 18 are processes and Claims 1-3, 5, 8, and 10 are machines). Accordingly, step 1 is satisfied.
Step 2A – Prong 1: was there a Judicial Exception Recited
Claim 1 (and similarly Claim 11) recites the following abstract concepts that are found to include “abstract idea.” Any additional elements will be analyzed under Step 2A-Prong 2 and Step 2B:
An electronic platform for processing orders related data for a retailer supporting a plurality of vendors, comprising:
a first electronic device in communication with the platform;
a second electronic device used by a selected vendor of the plurality of vendors in communication with the platform;
a database associated with the platform; and
a processor executing instructions that:
manage a database containing vendor data, retailer data, retailer inventory, order data, vendor flyer data, vendor catalog data, and order trigger events (See MPEP 2106.04(a)(2)(III) mental processes, 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)); and
provide a video call between the retailer on a first electronic device and a selected vendor of the plurality of vendors on a second electronic device;
the processor further executing instructions that:
in a first process, generate a first graphical user interface (GUI), through commands received at through the GUI (See MPEP 2106.04(a)(2)(III) mental processes, 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)));
manage the vendor data, the order data, and the vendor flyer data in the database (See MPEP 2106.04(a)(2)(III) mental processes, 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)));
receive and track update information for the vendor flyer data in the database (See MPEP 2106.04(a)(2)(III) mental processes, 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)));
enable tagging of products with a tag identifier (See MPEP 2106.04(a)(2)(III) mental processes, 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))); and
enable searching products having the same tag identifier (See MPEP 2106.04(a)(2)(III) mental processes, 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 a second process, manage the video call in a second GUI; and
in the first process,
when a low inventory level of a product at the retailer is identified as a trigger event, change contents of an electronic flyer relating to that product (See MPEP 2106.04(a)(2)(III) mental processes, 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))), and
update the vendor data, the order data, the vendor flyer data, and the order trigger events in the database through information provided through the video call in the second GUI (See MPEP 2106.04(a)(2)(III) mental processes, 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)),
wherein
the first electronic device is in communication with the platform to provide retailer data and order data to the database (See MPEP 2106.04(a)(2)(III) mental processes, 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)); and
the second electronic device is in communication with the platform to provide vendor data to the database (See MPEP 2106.04(a)(2)(III) mental processes, 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)).
Claim 1 (and similarly Claim 11) is directed to a series of steps for updating vendor data and order data, which is a mental process. The mere nominal recitation of an electronic platform, electronic devices, a database, a server, a processor, and graphical user interfaces (GUI’s) does not take the claim out of the mental processes. Thus, Claim 1 (and similarly Claim 11) recites an abstract idea.
Step 2A – Prong 2: Can the Judicial Exception Recited be integrated into a practical application
Limitations that are indicative of integration into a practical application:
Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
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)
Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
The identified abstract idea of exemplary Claim 1 (and similarly Claim 11) is not integrated into a practical application. The additional elements are: an electronic platform, electronic devices, a database, a server, a processor, and graphical user interfaces (GUI’s) that implements the underlying abstract idea. These additional elements are broadly recited computer elements that do not add a meaningful limitation to the abstract idea because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. Claim 1 (and similarly Claim 11) is directed to an abstract idea.
Step 2B – Significantly More Analysis
Claim 1 (and similarly Claim 11) does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and in combination, steps a) manage a database, b) provide a video call between electronic devices of the retailer and the selected vendor, c) generate a first graphical user interface to manage the data in the database, receive and track update information, enable tagging of products, and enable searching products, d) manage the video call, e) when a low inventory level is identified, change contents of an electronic flyer, f) update the vendor data, the order data, the vendor flyer data, and the order trigger events in the database through information provided through the video call, g) provide retailer data and order data to the database, provide vendor data to the database, do not add significantly more to the exception because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). Claim 1 (and similarly Claim 11) is ineligible.
Claim 2 (and similarly Claim 12) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 3 (and similarly Claim 13) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 5 (and similarly Claim 15) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 8 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 10 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 18 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
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) 1-3, 5, 7, 9-13, 15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2017/0293881 “Narkulla”, in view of US Pat Pub 2020/0274966 “Karani”, in view of US Pat Pub 2023/0030542 “Siebrecht”.
As per Claims 1 and 11, Narkulla discloses an electronic platform and a method for processing orders related data for a retailer supporting a plurality of vendors, comprising:
a first electronic device in communication with the platform (Narkulla: [0094] The data processing system 1000 typically includes at least one processor 1002 that communicates with one or more peripheral devices via bus subsystem 1004. These peripheral devices typically include a storage subsystem 1006 (memory subsystem 1008 and file storage subsystem 1014), a set of user interface input and output devices 1018, and an interface to outside networks 1016.);
a second electronic device used by a selected vendor of the plurality of vendors in communication with the platform (Narkulla: [0094] The data processing system 1000 typically includes at least one processor 1002 that communicates with one or more peripheral devices via bus subsystem 1004. These peripheral devices typically include a storage subsystem 1006 (memory subsystem 1008 and file storage subsystem 1014), a set of user interface input and output devices 1018, and an interface to outside networks 1016.);
a database associated with the platform (Narkulla: [0039] Platform 110 comprises a database 205 for storing information related to warehousing space listing, warehouse space leasing, inventory tracking, and delivery fulfillment.); and
a server associated with the platform (Narkulla: [0034] a cloud based server may be provided in order to perform one or more of the methods described herein. ), the server comprising:
a processor executing instructions that (Narkulla: [0039] Platform 110 comprises a processor and memory, and the memory comprises instructions that when executed cause the processor to generate a plurality of modules for performing functions related to warehousing, inventory management, and delivery.):
manage a database containing vendor data, retailer data, retailer inventory, order data, and order trigger events (Narkulla: [0035] The embodiments disclosed herein also make use of databases for managing and tracking warehouses, products, retailers, fulfillers, customers and other components of the systems disclosed herein. A mobile communication device can be configured for users to interface with servers of the systems disclosed herein, in order to allow management of warehouse property listings, product storage, product ordering, delivery requests, fulfiller tracking, and delivery confirmation. [0047] A list of warehoused products can be generated for review by the retailer, and graphs of inventory levels can be generated to show changes in levels as a result of deliveries to customers and receipt of new inventory at warehouses to increase stock or replace those sent to customers.); and
the processor further executing instructions that:
in a first process, generate a first graphical user interface (GUI), through commands received at through the GUI (Narkulla: [0050] The fulfiller's inventory scanner 245 scans inventory codes when a product is picked up, and relays the information to fulfiller API 211 for update to the corresponding database entry in database 205. [0094] FIG. 10 is a simplified block diagram of a data processing system 1000 that may be used in executing methods and processes described herein. The data processing system 1000 typically includes at least one processor 1002 that communicates with one or more peripheral devices via bus subsystem 1004. These peripheral devices typically include a storage subsystem 1006 (memory subsystem 1008 and file storage subsystem 1014), a set of user interface input and output devices 1018, and an interface to outside networks 1016. This interface is shown schematically as “Network Interface” block 1016, and is coupled to corresponding interface devices in other data processing systems via communication network 1024.);
manage the vendor data, the order data, and the vendor flyer data in the database;
the first electronic device is in communication with the platform to provide retailer data and order data to the database (Narkulla : [0039] A second module, fulfiller API 211, is provided to allow for inventory management and order fulfillment. ); and
the second electronic device is in communication with the platform to provide vendor data to the database (Narkulla: [0041] For each vendor, database 205 tracks number of units of the product at each warehouse. Each type of product can be assigned a unique code, such as a barcode, RFID code, QR code, or other identifying code, which can be scanned by an appropriate scanner upon delivery to the warehouse. ).
Narkulla fails to disclose an electronic platform and a method for processing orders related data for a retailer supporting a plurality of vendors, comprising:
manage a database containing vendor flyer data, vendor catalog data, and order trigger events;
provide a video call between the retailer on a first electronic device and a selected vendor of the plurality of vendors on a second electronic device;
receive and track update information for the vendor flyer data in the database;
enable tagging of products with a tag identifier; and
enable searching products having the same tag identifier;
in a second process, manage the video call in a second GUI; and
in the first process,
when a low inventory level of a product at the retailer is identified as a trigger event, change contents of an electronic flyer relating to that product, and
update the vendor data, the order data, the vendor flyer data, and the order trigger events in the database through information provided through the video call in the second GUI.
Karani teaches an electronic platform and a method for processing orders related data for a retailer supporting a plurality of vendors, comprising:
provide a video call between the retailer on a first electronic device and a selected vendor of the plurality of vendors on a second electronic device (Karani: [0077] FIGS. 2 and 3A-3C show graphical user interfaces that can be displayed at a mobile communication device when a user receives an incoming voice-over-IP (VoIP) call in accordance with the disclosed embodiments. FIG. 2 is an example of a graphical user interface that can be displayed at a mobile communication device when a user receives an incoming voice-over-IP (VoIP) call (or video call) in accordance with the disclosed embodiments. Referring again to FIG. 2, a graphical user interface is shown that can be displayed at a mobile communication device 140 when the mobile communication device 140 receives an incoming voice-over-IP call (or video call) in accordance with the disclosed embodiments.);
enable tagging of products with a tag identifier (Karani: [0052] In practice, the data 132 may be organized and formatted in any manner to support the application platform 110. In various embodiments, the data 132 is suitably organized into a relatively small number of large data tables to maintain a semi-amorphous “heap”-type format. The data 132 can then be organized as needed for a particular virtual application 128. In various embodiments, conventional data relationships are established using any number of pivot tables 134 that establish indexing, uniqueness, relationships between entities, and/or other aspects of conventional database organization as desired.); and
enable searching products having the same tag identifier (Karani: [0175] The content search servers 1068 can provide query and indexer functions. For example, the functions provided by the content search servers 1068 can allow users to search through content stored in the on-demand database service environment.);
in a second process, manage the video call in a second GUI (Karani: [0077] FIGS. 2 and 3A-3C show graphical user interfaces that can be displayed at a mobile communication device when a user receives an incoming voice-over-IP (VoIP) call in accordance with the disclosed embodiments. FIG. 2 is an example of a graphical user interface that can be displayed at a mobile communication device when a user receives an incoming voice-over-IP (VoIP) call (or video call) in accordance with the disclosed embodiments. Referring again to FIG. 2, a graphical user interface is shown that can be displayed at a mobile communication device 140 when the mobile communication device 140 receives an incoming voice-over-IP call (or video call) in accordance with the disclosed embodiments.); and
in the first process,
update the vendor data, the order data, the vendor flyer data, and the order trigger events in the database through information provided through the video call in the second GUI (Karani: [0138] At 794, the record updater module 783 can utilize this filtered voice data from the filtering and summarization module 778 along with information 782 that identifies relevant records for the caller/callee to update existing records, and/or to generate/create new records. In addition, in use cases where the call is a video call, the record updater module 783 can also include extracted video information 777B in the updated/new records. [0162] Each database can generally be viewed as a collection of objects, such as a set of logical tables, containing data fitted into predefined or customizable categories. A “table” is one representation of a data object, and may be used herein to simplify the conceptual description of objects and custom objects according to some implementations...For example, a CRM database can include a table that describes a customer with fields for basic contact information such as name, address, phone number, fax number, etc. Another table can describe a purchase order, including fields for information such as customer, product, sale price, date, etc.).
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 Narkulla to include updating data through information provided through a video call as taught by Karani, with the platform for processing orders as taught by Narkulla with the motivation of to speed up the process of identifying and accessing records that are relevant for a particular customer to improve user experience (Karani: [0027]).
Narkulla and Karani fail to disclose an electronic platform and a method for processing orders related data for a retailer supporting a plurality of vendors, comprising:
manage a database containing vendor flyer data, vendor catalog data;
receive and track update information for the vendor flyer data in the database;
in the first process,
when a low inventory level of a product at the retailer is identified as a trigger event, change contents of an electronic flyer relating to that product.
Siebrecht teaches an electronic platform and a method for processing orders related data for a retailer supporting a plurality of vendors, comprising:
manage a database containing vendor flyer data, vendor catalog data (Siebrecht: [0043] FIG. 3C is a schematic illustration of an exemplary data structure 340 for storing promotion information. The data structure 340 is generated and/or accessed by a promotion management system. For example, the data structure 340 can be incorporated in the database 216 described with respect to FIG. 2. The data structure 340 includes a plurality of promotion data sets 350a-n. Each promotion data set stores information for a corresponding advertising promotion, such as merchant information 352, item information 354, promoted regions 356, promotion window 358, promoted shipping 360, advertising partner 362, budget information 364, customer segment 366, and other information 368.);
receive and track update information for the vendor flyer data in the database (Siebrecht: [0064] the system can use historical data associated with an item (e.g., advertising impressions, historical demand, etc.) to predict the sell-through rate for the item.);
in the first process,
when a low inventory level of a product at the retailer is identified as a trigger event, change contents of an electronic flyer relating to that product (Siebrecht: [0010] A promotion management system that adjusts digital advertisements designed to promote the sale of items based on the availability of those items and related factors).
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 Narkulla and Karani to include changing contents of an electron flyer based on low inventory levels as taught by Siebrecht, with the platform for processing orders as taught by Narkulla and Karani with the motivation to provide improved systems and methods for managing advertising promotions based on available warehouse inventory, particularly in situations where the merchant does not have direct knowledge of inventory levels (Siebrecht: [0001]).
As per Claims 2 and 12, Narkulla discloses an electronic platform and method for processing orders, wherein:
the database contains multiple vendors' data (Narkulla: [0041]); and
each vendor is provided a separate operating platform from the other vendors (Narkulla: [0041]).
As per Claims 3 and 13, Narkulla discloses an electronic platform and method for processing orders, wherein:
the first process executes in parallel with the second process (Narkulla: [0039]-[0041]); and
the first and second GUIs are in view simultaneously on the first electronic device (Narkulla: [0039]-[0041]).
As per Claims 5 and 15, Narkulla discloses an electronic platform and method for processing orders, wherein the processor further executes instructions that:
review contents of database for a match between a trigger event and a matching vendor of the plurality of vendors in the vendor data (Narkulla: [0041]);
provide an electronic communication to a third electronic device associated with the matching vendor upon the match (Narkulla: [0041]);
update the database upon the match (Narkulla: [0041]); and
store orders and then forwards orders to the third electronic device (Narkulla: [0041]).
As per Claims 7 and 17, Narkulla discloses an electronic platform and method for processing orders, wherein the processor further executing instructions that:
in the second process, manage the catalog data in the second GUI (Narkulla: [0041]); and
in the third process, update the catalog data in the database (Narkulla: [0041]).
As per Claim 10, Narkulla discloses an electronic platform for processing orders, wherein the processor further executing instructions that in the first process:
through the first GUI, enable searching of products having the tag identifier (Narkulla: [0041]); and
update the order data relating to the products having the same tag identifier (Narkulla: [0041]).
Claim(s) 4, 6, 8, 14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2017/0293881 “Narkulla”, in view of US Pat Pub 2020/0274966 “Karani”, in view of US Pat 11,308,269 “Rodgers”.
As per Claims 4 and 14, Narkulla and Karani fail to disclose but Rodgers teaches an electronic platform and method for processing orders, wherein the database further comprises flyer data, catalog data, and trigger events (Rodgers: Column 38, lines 64-67 and Column 39, lines 1-6, such as responsive to a user input or automatically responsive to a detection of a trigger or a detection of a condition being met or a detection of a threshold being satisfied, and then such row can be modified or appended to, such as via a population of another cell in that row, such as responsive to a user input or automatically responsive to a detection of a trigger a detection of a condition being met or a detection of a threshold being satisfied. And Column 55, lines 55-67 and Column 56, lines 1-24, the physical document can include a letter, a printout, a catalog, a flyer, a newspaper, a magazine, a book, a pamphlet, a binder, or others. For example, the physical medium can include a memory, whether mechanical, electrical, or others.).
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 Narkulla and Karani to include flyer data, catalog data, and trigger data as taught by Rodgers, in the database as taught by Narkulla and Karani with the motivation for an accurate and efficient computer-implemented system and method for dynamically generating and rendering an online data intake questionnaire, which is configured to be modified by a person with a minimal knowledge of programming (Rodgers: Column 2, lines 31-35).
As per Claims 6 and 16, Narkulla and Karani fail to disclose but Rodgers teaches an electronic platform and method for processing orders, wherein the processor further executing instructions that:
in the first process, manage the flyer data in the first GUI (Rodgers: Column 55, lines 55-67 and Column 56, lines 1-24); and
in the third process, update the flyer data in the database (Rodgers: Column 55, lines 55-67 and Column 56, lines 1-24).
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 Narkulla and Karani to include flyer data, catalog data, and trigger data as taught by Rodgers, in the database as taught by Narkulla and Karani with the motivation for an accurate and efficient computer-implemented system and method for dynamically generating and rendering an online data intake questionnaire, which is configured to be modified by a person with a minimal knowledge of programming (Rodgers: Column 2, lines 31-35).
As per Claim 8, Narkulla and Karani fail to disclose but Rodgers teaches an electronic platform for processing orders, wherein:
the flyer data is captured in an interactive pdf document (Rodgers: Column 55, lines 55-67 and Column 56, lines 1-24).
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 Narkulla and Karani to include flyer data, catalog data, and trigger data as taught by Rodgers, in the database as taught by Narkulla and Karani with the motivation for an accurate and efficient computer-implemented system and method for dynamically generating and rendering an online data intake questionnaire, which is configured to be modified by a person with a minimal knowledge of programming (Rodgers: Column 2, lines 31-35).
Response to Arguments
35 USC 101
Applicant's arguments filed March 25, 2026 have been fully considered but they are not persuasive.
Applicant argues that the updating a vendor flyer data in reaction to inventory levels or through information provided through the video call amount to significantly more than the abstract idea and provide a technical improvement to a computer’s efficiency. As claimed the updating a vendor flyer data and extracting information from a video call amount to 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) . There is no detail provided as to how data is being extracted from the video call or how the vendor flyer data is updated. The current claims can be interpreted that a user manually enters new data to update the vendor flyer data, and that a user takes notes and records the details about the video call. While graphical user interfaces are recited, they are recited in a generic manner and are broadly recited computer elements that do not add a meaningful limitation to the abstract idea because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
35 USC 103
Applicant’s arguments, see Applicant Arguments/Remarks Made in an Amendment, filed March 25, 2026, with respect to the rejection(s) of claim(s) 1-3, 5, 8, 10-13, 15 and 18 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US Pat Pub 2017/0293881 “Narkulla”, in view of US Pat Pub 2020/0274966 “Karani”, in view of US Pat Pub 2023/0030542 “Siebrecht”.
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 REVA R MOORE whose telephone number is (571)270-7942. The examiner can normally be reached M-Th: 9:00-6:00.
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/REVA R MOORE/Examiner, Art Unit 3627
/FAHD A OBEID/Supervisory Patent Examiner, Art Unit 3627
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