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 .
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 1-18 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 11-18 are processes and Claims 1-17 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 processor executing instructions that:
manage a database containing vendor data, retailer data, and order data (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, manage the vendor data and the order data in the database through commands provided through a first graphical user interface (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)));
in a second process, manage the video call in a second GUI; and
in the first process, update the vendor data and the order data 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));
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)); and
the first and second processes generate the first and second GUIs on the first device. (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, a processor, a database, electronic devices, 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, a processor, a database, electronic devices, 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) manage the vendor data and the order data in the database, d) manage the video call, e) update the vendor data and the order data in the database through information provided through the video call, f) provide retailer data and order data to the database, provide vendor data to the database, and generate the first and second GUIs, 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 4 (and similarly Claim 14) 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 6 (and similarly Claim 16) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 7 (and similarly Claim 17) 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 9 (and similarly Claim 18) 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 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 17-18 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”.
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 processor executing instructions that:
manage a database containing vendor data, retailer data, and order data (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.); and
the processor further executing instructions that:
in a first process, manage the vendor data and the order data in the database through commands provided through a first graphical user interface (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.);
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. );
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. ); and
the first and second processes generate the first and second GUIs on the first device (Narkulla: [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.).
Narkulla fails to disclose but 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.);
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 and the order data 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]).
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 Claims 9 and 19, Narkulla discloses an electronic platform and method for processing orders, wherein the processor further executing instructions that in the first process:
through the first GUI, enable tagging of products with a tag identifier (Narkulla: [0041]); and
enable searching products having the same tag identifier (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).
Conclusion
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.
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, Fahd Obeid can be reached at 571-270-3324. 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.
/REVA R MOORE/Examiner, Art Unit 3627
/FAHD A OBEID/Supervisory Patent Examiner, Art Unit 3627