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 .
Status of the Claims
This Office Action is in response to Applicant’s reply dated 9/16/2025. Claims 1, 2, 8-12 have been amended and claims 1-12 are currently pending and being examined in this application.
Response to Arguments
Regarding the Claims Objections:
The claim objection for claim 2 has been withdrawn
Regarding the 101 rejections:
Applicant’s arguments regarding the 101 rejection have been considered but are not found to be persuasive.
Applicant argues that the claimed servers connected together via a network and are non-generic types. However, the Examiner cannot find in the specification to any specific hardware that distinguishes this claimed server from a generic server. ¶¶ 0059 discloses that all of the claimed servers are basically interchangeable and can be combined into a single server etc. And nothing in the drawings preclude the claimed server being anything other than a programmed generic server having generic server components such as networking, storage, and processing capabilities.
Applicant argues that the claims provide for a technological solution to identified problems. In response the Examiner asserts that other than reciting “servers, control units, processors, database, and POS terminal” nothing in the claim element precludes the step from practically being a method of organized human activity.
Therefore the 101 rejection is maintained and is final.
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 1-12 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without “significantly more.” Claims 1-12 are directed to certain methods of organizing human activity, which is considered an abstract idea. Further, the claim(s) as a whole, when examined on a limitation-by-limitation basis and in ordered combination do not include an inventive concept.
Step 1 – Statutory Categories
As indicated in the preamble of the claims, the examiner finds claims 1-12 are directed to a process, machine, or article of manufacture.
Step 2A – Prong One - Abstract Idea Analysis
Claim 1 recites the following abstract concepts, in italics below, which are found to include an “abstract idea”:
An electronic receipt system, comprising: a first server managed by a store and configured to store first identification codes set for customers who are program members who have joined a customer program of a store; and a second server managed by an electronic receipt service and configured to store second identification codes set for receipt service members who have joined an electronic receipt service for receiving electronic transaction receipts from the store, wherein the first server comprises: a storage unit storing first identification codes of program members in association with second identification code for those who are also receipt service members; a first control unit configured to receive receipt data including a second identification code from a settlement terminal of the store for a customer transaction then transmit the receipt data with the received second identification code to the second server; and a second control unit configured to receive receipt data including a first identification code from the settlement terminal of the store for a customer transaction and acquire a second identification code stored in association with the received first identification code from the storage unit and add the acquired second identification code to the receipt data and transmit the receipt data to the second server without the including the first identification code.
Claim 8 recites the following abstract concepts, in italics below, which are found to include an “abstract idea”:
An electronic receipt system, comprising: an electronic receipt server of an electronic receipt service provided to a plurality of members and a plurality of stores, each member of the electronic receipt service having a receipt service ID; and a plurality of store systems corresponding to the plurality of stores, each store system providing a customer loyalty program, each customer of the customer program having a program member ID, the plurality of store systems being connected to the electronic receipt server by a network connection, wherein each store system includes: a point-of-sale terminal at which a customer can settle a sales transaction and enter a receipt service ID or a program member ID; a POS server configured to receive receipt data from the point-of-sale terminal along with a receipt service ID or a program member ID entered in the sales transaction; and a customer server configured to: receive the receipt data from the POS server, determine whether the received receipt data includes a receipt service ID or a program member ID, if the receipt data includes a receipt service ID, transmit the receipt data to the electronic receipt server and determine if the receipt service ID is associated with a program member ID and then, if so, update transaction data in a transaction history associated with the associated program member ID according to the receipt data, and if the receipt data includes a program member ID, determine if the program member ID is associated with a receipt service ID and then, if so, switch the program member ID in the receipt data with the associated receipt service ID, transmit the receipt data to the electronic receipt server with the switched receipt service ID, and update transaction data in a transaction history associated with program member ID according to the receipt data.
Claim 9 recites the following abstract concepts, in italics below, which are found to include an “abstract idea”:
A server for use in an electronic receipt system, the server comprising: a storage unit including a customer database associating customers to program member IDs and a cooperation table associating program member IDs to electronic receipt service IDs; and a processor configured to: receive receipt data including an electronic receipt service member ID from a settlement terminal of the store for a customer transaction at the store then transmit the receipt data with the received electronic receipt service member ID to an electronic receipt service server; receive receipt data including a program member ID from the settlement terminal of the store for a customer transaction and acquire an electronic receipt service member ID stored in association with the received program member ID from the storage unit, add the acquired electronic receipt service member ID to the receipt data and transmit the receipt data to the electronic receipt service server without the including the program member ID.
The claim features in italics above as drafted, under its broadest reasonable interpretation, are certain methods of organizing human activity (fundamental economic practice, managing personal behavior or relationships or interactions between people) performed by generic computer components. That is, other than reciting “servers, control units, processors, database, and POS terminal” nothing in the claim element precludes the step from practically being a method of organized human activity. For example, but for the “servers, control units, processors, database, and POS terminal” the above italicized limitations in the context of these claims encompasses certain methods of organizing human activity. If the claim limitations, under its broadest reasonable interpretation, covers steps which could be a fundamental economic practice or managing personal behavior or relationships or interactions between people, but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A – Prong Two - Abstract Idea Analysis
This judicial exception is not integrated into a practical application. In particular, the claim only recites 5 additional elements – servers, control units, processors, database, and POS terminal. They are recited at a high-level of generality (i.e., as a generic processor performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component (MPEP 2106.05(f)), data gathering, which is a form of insignificant extra-solution activity (MPEP 2106.05(g)), and linking the use of the judicial exception to a particular technological environment or field of use (MPEP 2106.05(h)). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B - Significantly More Analysis
The claims do not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of servers, control units, processors, database, and POS terminal amounts to no more than mere instructions to apply the exception using a generic computer component, insignificant extra-solution activity, and linking the use of the judicial exception to a particular technological environment or field of use. Mere instructions to apply the exception using a generic computer component, insignificant extra-solution activity, and linking the use of the judicial exception to a particular technological environment or field of use, cannot provide an inventive concept. Further, the background does not provide any indication that the Processor, memory/data store, and first/second devices is anything other than a generic, off-the-shelf computer components. For these reasons, there is no inventive concept.
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 JOSEPH M MUTSCHLER whose telephone number is (313)446-6603. The examiner can normally be reached 0600-1430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian Zeender can be reached at (571)272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M MUTSCHLER/Examiner, Art Unit 3627
/A. Hunter Wilder/Primary Examiner, Art Unit 3627