DETAILED ACTION
Status of Claims
Claims 1-14 submitted on 03/17/2026 are pending and have been examined. Claims 1, 10, and 11 have been amended. Claim 14 is newly added.
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 .
Priority
Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in parent application No. JP2022-049316, filed on 03/25/2022.
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 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. The claims recite an abstract idea. This judicial exception is not integrated into a practical application. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Step 1
Claims 1-9 and 12-14 are directed to a process, claim 10 is directed to an article of manufacture, and claim 11 is directed to a machine (see MPEP 2106.03).
Step 2A, Prong 1
Claim 1, taken as representative, recites at least the following limitations that recite an abstract idea:
a display control method performed, the display control method comprising:
controlling, displayed prior to purchase of a target, for performing customization processing of the target by a user, the target including a plurality of components, each component having a plurality of variations, the target including a plurality of base models;
acquiring information relating to customization of the plurality of components or the plurality of variations in the target by the user, the information including at least one of an action history or a purchase record associated with the user, the action history including at least a history of selection frequency of the plurality of components or the plurality of variations by the user, the action history being acquired from selection frequency information with a base model selected by the user, among selection frequency information recorded for each of the plurality of base models;
based on the acquired information, determining a display priority of the plurality of components and the plurality of variations, wherein the display priority is determined based on selection frequency information corresponding to an action history in which a selection sequence indicating an order in which the plurality of components were selected matches a selection sequence of the user during the customization processing; and
based on the determined display priority, dynamically controlling a display order of the plurality of components for customizing the target,
wherein variations of each component are displayed in a descending order based on a number of times the variations were selected by the user in the history of selection frequency causing the display the plurality of variations in a descending order of possibility of selection by the user.
The above limitation, under its broadest reasonable interpretation, falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in MPEP 2106.04(a)(2)(II), in that it recites a commercial interaction, see ¶0003 of the instant specification. Claims 10 and 11 recites similar limitations as claim 1.
Thus, under Prong 1 of Step 2A, claims 1, 10, and 11 recite an abstract idea.
Step 2A, Prong 2
Claim 1 includes the following additional elements that are bolded:
a display control method performed by an information processing device including a processor and a memory, the display control method comprising:
controlling display of a customization screen, displayed prior to purchase of a target, for performing customization processing of the target by a user, the target including a plurality of components, each component having a plurality of variations, the target including a plurality of base models;
acquiring information relating to customization of the plurality of components or the plurality of variations in the target by the user, the information including at least one of an action history or a purchase record associated with the user, the action history including at least a history of selection frequency of the plurality of components or the plurality of variations by the user, the action history being acquired from selection frequency information stored in the memory in association with a base model selected by the user on the customization screen, among selection frequency information recorded in the memory for each of the plurality of base models;
based on the acquired information, determining a display priority of the plurality of components and the plurality of variations, wherein the display priority is determined based on selection frequency information corresponding to an action history in which a selection sequence indicating an order in which the plurality of components were selected matches a selection sequence of the user during the customization processing; and
based on the determined display priority, dynamically controlling a display order of the plurality of components in the customization screen for customizing the target,
wherein variations of each component are displayed in a descending order based on a number of times the variations were selected by the user in the history of selection frequency causing the customization screen to display the plurality of variations in a descending order of possibility of selection by the user.
Claims 10 and 11 include the same additional elements as claim 1. In addition, claim 10 includes additional elements such as a non-transitory computer-readable recording medium recording a program that is executable by a processor of an information processing device including the processor and a memory, the processor is configured to execute, in accordance with the program.
The additional elements recited in claims 1, 10, and 11 merely invoke such elements as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment (see MPEP 2106.05(f) and MPEP 2106.05(h). These additional elements are described at a high level in Applicant’s specification without any meaningful detail about their structure or configuration (see ¶¶0101-0106).
As such, under Prong 2 of Step 2A, when considered both individually and as a whole, the additional elements do not integrate the judicial exception into a practical application and, thus, claims 1, 10, and 11 are directed to an abstract idea.
Step 2B
As noted above, while the recitation of the additional elements in independent claims 1, 10, and 11 are acknowledged, claims 1, 10, and 11 merely invoke such additional elements as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment (see MPEP 2106.05(f) and MPEP 2106.05(h)).
Even when considered as an ordered combination, the additional elements of claim 1, 10, and 11 do not add anything that is not already present when they are considered individually. Therefore, under Step 2B, there are no meaningful limitations in claims 1, 10, and 11 that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself (see MPEP 2106.05).
As such, independent claims 1, 10, and 11 are ineligible.
Dependent claims 2-9 and 12-14 when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because they do not add “significantly more” to the abstract idea. More specifically, dependent claims 2-9 and 12-14 merely further define the abstract limitations of claims 1, 10, and 11 or provide further embellishments of the limitations recited in independent claims 1, 10, and 11. Claims 2-9 and 12-14 do not introduce any further additional elements. Thus, dependent claims 2-9 and 12-14 are ineligible.
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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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) 1-4, 6-8, 10, 11, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otwell et al. (US 10,726,469 B1 [previously cited]) in view of Loi et al. (US 2023/0186360 A1) in view of Park et al. (US 2015/0195335 A1 [previously cited]).
Regarding Claim 1, Otwell et al., hereinafter, Otwell, discloses a display control method performed by an information processing device including a processor and a memory, the display control method comprising (Fig. 2[depicting the processing apparatus along with a display and processor]; Col. 5, lines 6-32[FIG. 2 depicts an example of a general architecture of an item selection server 120 for enabling a user to select items and item attribute values associated with the selected items. The general architecture of the item selection server 120 depicted in FIG. 2 includes an arrangement of computer hardware and software components that may be used to implement aspects of the present disclosure] in view of Col. 13, lines 12-20):
controlling display of a customization screen, displayed prior to purchase of a target, for performing customization processing of the target by a user, the target including a plurality of components, each component having a plurality of variations, the target including a plurality of base models (Fig. 3[depicts an example screen and the variable product on element 310 is comparable to a target and base model, flavor and size are comparable to components, and the corresponding options are comparable to variations for the components]; Col. 6, lines 4-42[FIG. 3 is an illustrative user interface 300 generated by the item selection server 120 and/or retail server 110 that includes item attribute information received from or generated by the item selection server 120… In the illustrated example, the user interface 300 may be considered an item detail page for item 320, “100% Whey Protein—Gold Standard… In the illustrated example, the user interface 300 includes item attribute selection options 350 with two selectable item attributes: (1) the flavor of the whey protein, and (2) the size of the container. For example, a user may select flavor selection option or control 352, presented as a pull-down menu, in order to select an item attribute value for a “flavor” item attribute associated with item 320. In this example, the current item attribute value associated with the selectable “flavor” item attribute is “Double Rich Chocolate” (as shown by the text visible in selectable option 352). The current item attribute value associated with the selectable “size” item attribute is “5 lbs,” as indicated by the bold and shaded appearance of the “5 lbs” selectable option 356. A user may switch or adjust the item attribute value associated with the “size” attribute by selecting, for example, the “10 lbs” selectable option 354, resulting in selection of a different variation of the subject item 320. User selection of a different variation of the item, such as by selection of a different item attribute value for the flavor and/or size attributes, may cause the item selection server 120 and/or retail server 110 to selectively update one or more portions of user interface 300, such as item image 310, price 340, and/or seller information 370.]);
acquiring information relating to customization of the plurality of components or the plurality of variations in the target by the user, the information including at least one of an action history or a purchase record associated with the user, the action history including at least a history of selection frequency of the plurality of components or the plurality of variations by the user, the action history being acquired from selection frequency information stored in the memory in association with a base model selected by the user on the customization screen, among selection frequency information recorded in the memory for each of the plurality of base models (Fig. 1[shows acquiring], Fig. 5[note difference with Fig. 6], Fig. 6[Examiner notes that a user’s previous purchase with specific components selected is comparable to a purchase record associated with a user relating to customization of components in the target, see element 622]; Col. 8 line 58 to Col. 9 line 24[the item selection server 120 has determined that item 620 has been configured by the user with an item attribute value that differs from the user's typical attribute value selections... As illustrated, user interface 600 indicates that “Baseball Cap” item 620 has been added to the shopping cart by the user with a “size” attribute value of “Large.” The user interface 600 also includes text 622 which reads “Note: You usually buy size Medium,” and providing an option 624 for the user to switch or adjust the attribute value for the “size” attribute to “medium,” or another value selected from menu 624, by selecting the “switch” option 626]; According to ¶0037 of the instant specification that purchase record is “information indicating how an actually purchased product was customized.”);
based on the acquired information, determining a display priority of the plurality of components and the plurality of variations, wherein the display priority is determined based on selection information corresponding to an action history in which the plurality of components were selected during the customization processing (Fig. 3[note the difference with Fig. 5], Fig. 5[element 506, 506, 510]; Col. 5, lines 20-57[another user may have purchased one or more of item 502 with the same attribute value selections sometime between the time that the current user added the item to his shopping cart and the time that the current user requested to view the contents of the shopping cart in user interface 500. The illustrative user interface 500 includes text 510 alerting the user that the original attribute selection is out of stock, and instructing the user to select a new size and/or flavor attribute value from the selectable attribute options presented for item 502. The selectable attribute options include flavor option 504. The user may select option 504 in order to view selectable attribute values for the flavor attribute and switch to a flavor that is currently in stock or otherwise available for purchase. In some embodiments, the displayed flavor options in pull-down menu 504 may be restricted to or indicate the flavor options that are currently in stock in the “5 lbs” size that the user previously selected. If the user instead wishes to keep the “Double Rich Chocolate” flavor attribute value, the user may select a new “size” attribute value, such as “2 lbs” size option 505 or “10 lbs” size option 508. The appearance of the “5 lbs” option 506 (as well as the “1 lb,” “3 lbs,” and “4 lbs” options) as a dotted box may indicate that the given size attribute value is not available for the selected flavor attribute value (“Double Rich Chocolate”)]); and
based on the determined display priority, dynamically controlling a display order of the plurality of components in the customization screen for customizing the target (Fig. 3[note the difference with Fig. 5], Fig. 5[element 506, 506, 510]; Col. 5, lines 20-57[another user may have purchased one or more of item 502 with the same attribute value selections sometime between the time that the current user added the item to his shopping cart and the time that the current user requested to view the contents of the shopping cart in user interface 500. The illustrative user interface 500 includes text 510 alerting the user that the original attribute selection is out of stock, and instructing the user to select a new size and/or flavor attribute value from the selectable attribute options presented for item 502. The selectable attribute options include flavor option 504. The user may select option 504 in order to view selectable attribute values for the flavor attribute and switch to a flavor that is currently in stock or otherwise available for purchase. In some embodiments, the displayed flavor options in pull-down menu 504 may be restricted to or indicate the flavor options that are currently in stock in the “5 lbs” size that the user previously selected. If the user instead wishes to keep the “Double Rich Chocolate” flavor attribute value, the user may select a new “size” attribute value, such as “2 lbs” size option 505 or “10 lbs” size option 508. The appearance of the “5 lbs” option 506 (as well as the “1 lb,” “3 lbs,” and “4 lbs” options) as a dotted box may indicate that the given size attribute value is not available for the selected flavor attribute value (“Double Rich Chocolate”)]),
wherein variations of each component are displayed in the history of selection frequency causing the customization screen to display the plurality of variations (Fig. 1[shows acquiring], Fig. 6[Examiner notes that a user’s previous purchase with specific components selected is comparable to a purchase record associated with a user relating to customization of components in the target, see element 622]; Col. 8 line 58 to Col. 9 line 24[FIG. 6 is an illustrative user interface 600 generated by the item selection server 120 and/or retail server 110 that includes items 602 and 620 contained in an electronic shopping cart, where the item selection server 120 has determined that item 620 has been configured by the user with an item attribute value that differs from the user's typical attribute value selections. The illustrated user interface 600 may be presented to the user as a result of the user's request to view the contents of his shopping cart. Alternatively, user interface 600 may be presented to the user after the user has selected the “10 lbs” size option presented in either user interface 400 of FIG. 4 (where the “10 lbs” size option was presented as an upgrade) or user interface 500 of FIG. 5 (where the “10 lbs” size option was presented as a substitution for a size selection that was no longer in stock). As illustrated, user interface 600 indicates that “Baseball Cap” item 620 has been added to the shopping cart by the user with a “size” attribute value of “Large.” The user interface 600 also includes text 622 which reads “Note: You usually buy size Medium,” and providing an option 624 for the user to switch or adjust the attribute value for the “size” attribute to “medium,” or another value selected from menu 624, by selecting the “switch” option 626]).
Although Otwell discloses determining a display priority of components and variations based on selection information during a customization process, Otwell does not explicitly disclose determining display priority based on selection frequency information corresponding to a history in which a selection sequence indicating an order in which the components selected matches a selection sequence of the user.
However, Loi et al., hereinafter, Loi, teaches determining a display priority based on selection frequency that corresponds to a history in which a selection sequence indicates an order in which components were selected matches a selection sequence of the user (¶0051[The online concierge system 102 transmits 440 the suggestions to the client device of the user for display… The suggestions may be displayed in a sequence based on one or more criteria in various embodiments. For example, the suggestions are displayed in a sequence based on their frequency of selection by the user, or by other users (e.g., users having one or more common characteristics as the user), with suggestions that are more frequently selected having higher positions in the sequence in various embodiments] in view of Abstract [the online concierge system displays one or more suggestions associated with the item as selectable options in an interface to simplify specification of instructions for the item.]).
The method of Loi is applicable to the method of Otwell as they share characteristics and capabilities, namely, they are both targeted to purchasing products online. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display priority as disclosed by Otwell to include a display priority based on selection frequency of a user as taught by Loi. One of ordinary skill in the art would have been motivated to expand the method of Otwell in order to tailor items obtained by a shopper when fulfilling an order to preferences of the user (¶0006).
Although Otwell discloses displaying a plurality of components and variations on a customization screen, Otwell in view of Loi does not explicitly teach displaying the components in a descending order based on a number of times the variations were selected by the user, to display the variations in a descending order of possibility of selection by the user.
However, Park et al., hereinafter, Park, teaches displaying components in a descending order based on a number of times that the components or variations were selected by the user (Fig. 6[element 620 showing components being displayed in a descending order based on selection frequency]; ¶0073[the controller 140, when a specific input attribute is selected in a user interface window, may accumulate selection frequency on the corresponding input attribute and store the selection frequency in the storage 130. In addition, the controller 140 may configure a user interface window so that at least one input attribute which is included in a user interface window is listed in an order of selection frequency accumulated in the storage 130. The controller 140, by storing the configured user interface window in the storage 130, may update the configuration of a user interface window, that is, a display format]).
The method Park is applicable to the method of Otwell in view Loi as they share characteristics and capabilities, namely, they are all targeted to improving user interfaces and selections. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the product customization screen as taught by Otwell in view Loi to include displaying components in a descending order based on number of selections as taught by Park. One of ordinary skill in the art would have been motivated to expand the method of Otwell in view Loi so that user convenience in accordance with selection of the input attribute may be improved (¶0118).
Regarding Claim 2, Otwell in view of Loi in view of Park teaches the display control method according to claim 1, Otwell discloses wherein the display order of the plurality of components is a display order of the plurality of variations for selecting a variation with respect to each component in the customization screen (Fig. 3[depicts an example screen and the variable product on element 310 is comparable to a target, flavor and size are comparable to components and the corresponding options are comparable to variations for the components]; Col. 6, lines 4-42[FIG. 3 is an illustrative user interface 300 generated by the item selection server 120 and/or retail server 110 that includes item attribute information received from or generated by the item selection server 120… In the illustrated example, the user interface 300 may be considered an item detail page for item 320, “100% Whey Protein—Gold Standard… In the illustrated example, the user interface 300 includes item attribute selection options 350 with two selectable item attributes: (1) the flavor of the whey protein, and (2) the size of the container. For example, a user may select flavor selection option or control 352, presented as a pull-down menu, in order to select an item attribute value for a “flavor” item attribute associated with item 320. In this example, the current item attribute value associated with the selectable “flavor” item attribute is “Double Rich Chocolate” (as shown by the text visible in selectable option 352). The current item attribute value associated with the selectable “size” item attribute is “5 lbs,” as indicated by the bold and shaded appearance of the “5 lbs” selectable option 356. A user may switch or adjust the item attribute value associated with the “size” attribute by selecting, for example, the “10 lbs” selectable option 354, resulting in selection of a different variation of the subject item 320. User selection of a different variation of the item, such as by selection of a different item attribute value for the flavor and/or size attributes, may cause the item selection server 120 and/or retail server 110 to selectively update one or more portions of user interface 300, such as item image 310, price 340, and/or seller information 370]).
Regarding Claim 3, Otwell in view of Loi in view of Park teaches the display control method according to claim 1, Otwell discloses wherein the action history of the user is a history of selections of the plurality of variations by the user (Fig. 6[element 622]; Col. 9, lines 5-24[As illustrated, user interface 600 indicates that “Baseball Cap” item 620 has been added to the shopping cart by the user with a “size” attribute value of “Large.” The user interface 600 also includes text 622 which reads “Note: You usually buy size Medium,” and providing an option 624 for the user to switch or adjust the attribute value for the “size” attribute to “medium,” or another value selected from menu 624, by selecting the “switch” option 626. Text 622 may be generated by item selection server 120, for example, in response to the item selection server determining that the user has previously purchased one or more “medium” sized items associated with the same item category that is associated with item 620 (which may be, for example, “clothing,” “hats,” “baseball caps,” etc.), and/or that the user has indicated a user preference for “medium” sized items in a category associated with item 620. The determination may be made by the item selection server based on customer purchase data and/or user preference data in one or more data stores, such as item data store 114]; Examiner notes that a history of a typically selected variation by a user is comparable to an action history of the user wherein the history is of the selections of the variations by the user).
Regarding Claim 4, Otwell in view of Loi in view of Park teaches the display control method according to claim 3, Otwell discloses further comprising: raising the display priority of a variation selected more frequently than other variations of the plurality of variations, based on the action history (Fig. 6[element 622]; Col. 9, line 5-24[As illustrated, user interface 600 indicates that “Baseball Cap” item 620 has been added to the shopping cart by the user with a “size” attribute value of “Large.” The user interface 600 also includes text 622 which reads “Note: You usually buy size Medium,” and providing an option 624 for the user to switch or adjust the attribute value for the “size” attribute to “medium,” or another value selected from menu 624, by selecting the “switch” option 626. Text 622 may be generated by item selection server 120, for example, in response to the item selection server determining that the user has previously purchased one or more “medium” sized items associated with the same item category that is associated with item 620 (which may be, for example, “clothing,” “hats,” “baseball caps,” etc.), and/or that the user has indicated a user preference for “medium” sized items in a category associated with item 620. The determination may be made by the item selection server based on customer purchase data and/or user preference data in one or more data stores, such as item data store 114]; Examiner notes that displaying a variation that was selected more often before by the user is comparable to raising a display priority of that variation).
Regarding Claim 6, Otwell in view of Loi in view of Park teaches the display control method according to claim 1, Otwell discloses further comprising:
acquiring property data that indicate a property of the user (Fig. 1[arrows indicate acquiring], Fig. 6[element 622]; Col. 9, line 5-24[in response to the item selection server determining… that the user has indicated a user preference for “medium” sized items in a category associated with item 620. The determination may be made by the item selection server based on customer purchase data and/or user preference data in one or more data stores, such as item data store 114]; examiner notes that a preference of the user is comparable to a data indicating a property of the user), and
controlling the display order of the plurality of components in the customization screen for customizing the target to be changed based on at least one of an action history or a purchase record of the user that matches the property data and the plurality of components to be displayed (Fig. 6[element 622]; Col. 9, line 5-24[As illustrated, user interface 600 indicates that “Baseball Cap” item 620 has been added to the shopping cart by the user with a “size” attribute value of “Large.” The user interface 600 also includes text 622 which reads “Note: You usually buy size Medium,” and providing an option 624 for the user to switch or adjust the attribute value for the “size” attribute to “medium,” or another value selected from menu 624, by selecting the “switch” option 626. Text 622 may be generated by item selection server 120, for example, in response to the item selection server determining that the user has previously purchased one or more “medium” sized items associated with the same item category that is associated with item 620 (which may be, for example, “clothing,” “hats,” “baseball caps,” etc.), and/or that the user has indicated a user preference for “medium” sized items in a category associated with item 620. The determination may be made by the item selection server based on customer purchase data and/or user preference data in one or more data stores, such as item data store 114]; examiner notes that providing the switch option after determining that the action history, purchasing an item one or more times in the reference, and the property data, the user preference in the reference, are the same, is comparable to the display order being changed based on an action history that matches the property data of the user).
Regarding Claim 7, Otwell in view of Loi in view of Park teaches the display control method according to claim 1, Otwell discloses further comprising: when the plurality of variations are variations with respect to color, controlling the plurality of variations to be displayed in descending order of hue values starting from a variation of a color having a highest display priority (Fig. 3; Col. 6, lines 4-42[FIG. 3 is an illustrative user interface 300 generated by the item selection server 120 and/or retail server 110 that includes item attribute information received from or generated by the item selection server 120… In the illustrated example, the user interface 300 may be considered an item detail page for item 320, “100% Whey Protein—Gold Standard… In the illustrated example, the user interface 300 includes item attribute selection options 350 with two selectable item attributes: (1) the flavor of the whey protein, and (2) the size of the container… The current item attribute value associated with the selectable “size” item attribute is “5 lbs,” as indicated by the bold and shaded appearance of the “5 lbs” selectable option 356. A user may switch or adjust the item attribute value associated with the “size” attribute by selecting, for example, the “10 lbs” selectable option 354, resulting in selection of a different variation of the subject item 320]; Examiner notes the recited "when the plurality of variations are variations with respect to color, controlling the plurality of variations to be displayed in descending order of hue values starting from a variation of a color having a highest display priority ", does not move to distinguish the claimed invention from the cited art as the cited art discloses the variations are with respect to size (i.e., not with respect to color, therefore the step of “when the plurality of variations are variations with respect to color” is not positively recited). These phrases are conditional limitations with the noted step, "when the plurality of variations are variations with respect to color…" not necessarily performed. Accordingly, once the positively recited steps are satisfied, the method as a whole is satisfied regardless of whether or not other steps are conditionally invocable under certain other hypothetical scenarios. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure, does not limit the scope of the claim or claim limitation).
Regarding Claim 8, Otwell in view of Loi in view of Park teaches the display control method according to claim 1, Otwell discloses further comprising: lowering the display priority of a variation that is stocked at a lowest available inventory level based on inventory data including zero (Fig. 6[element 622]; Col. 9, line 5 to Col. 10 line 35 [FIG. 8 is an illustrative user interface 800 generated by the item selection server 120 and/or retail server 110 that includes items 802 and 810 contained in an electronic shopping cart, where the item selection server 120 has determined that item 802 is no longer in stock and that item 810 is no longer available from a seller previously selected by the user. As illustrated, the item selection server has determined that item 802, a paperback book, is no longer in stock or available to be ordered. In response to the determination that item 802 is unavailable, the item selection server has determined a similar item 804. The similar item 804 may have been determined by the item selection server, for example, based on purchase histories of customers, viewing or browsing sessions of users, and/or predetermined item associations stored in item data store 114. The user may select the text displaying the title of similar item 804 in order to view additional information about the item, such as a description, reviews, images, etc. If the user wishes to switch the out of stock item 802 with the similar item 804, the user may simply select the “switch” option 806. In this manner, the user is able to switch the contents of the shopping cart to replace the out of stock item 802 from within the shopping cart display of user interface 800 without first removing item 802 from the shopping cart or performing searches for a similar item]).
Regarding Claim 10, Otwell discloses a non-transitory computer-readable recording medium recording a program that is executable by a processor of an information processing device including the processor and a memory, the processor is configured to execute, in accordance with the program (Fig. 2[depicting the processing apparatus along with a display and processor]; Col. 5, lines 25-40[The processing unit 204 may thus receive information and instructions from other computing systems or services via a network… The memory 210 generally includes RAM , ROM and / or other persistent or non-transitory memory] in view of Col. 13, lines 12-20):
controlling display of a customization screen, displayed prior to purchase of a target, for performing customization processing of the target by a user, the target including a plurality of components, each component having a plurality of variations, the target including a plurality of base models (Fig. 3[depicts an example screen and the variable product on element 310 is comparable to a target and base model, flavor and size are comparable to components, and the corresponding options are comparable to variations for the components]; Col. 6, lines 4-42[FIG. 3 is an illustrative user interface 300 generated by the item selection server 120 and/or retail server 110 that includes item attribute information received from or generated by the item selection server 120… In the illustrated example, the user interface 300 may be considered an item detail page for item 320, “100% Whey Protein—Gold Standard… In the illustrated example, the user interface 300 includes item attribute selection options 350 with two selectable item attributes: (1) the flavor of the whey protein, and (2) the size of the container. For example, a user may select flavor selection option or control 352, presented as a pull-down menu, in order to select an item attribute value for a “flavor” item attribute associated with item 320. In this example, the current item attribute value associated with the selectable “flavor” item attribute is “Double Rich Chocolate” (as shown by the text visible in selectable option 352). The current item attribute value associated with the selectable “size” item attribute is “5 lbs,” as indicated by the bold and shaded appearance of the “5 lbs” selectable option 356. A user may switch or adjust the item attribute value associated with the “size” attribute by selecting, for example, the “10 lbs” selectable option 354, resulting in selection of a different variation of the subject item 320. User selection of a different variation of the item, such as by selection of a different item attribute value for the flavor and/or size attributes, may cause the item selection server 120 and/or retail server 110 to selectively update one or more portions of user interface 300, such as item image 310, price 340, and/or seller information 370.]);
acquiring information relating to customization of the plurality of components or the plurality of variations in the target by the user, the information including at least one of an action history or a purchase record associated with the user, the action history including at least a history of selection frequency of the plurality of components or the plurality of variations by the user, the action history being acquired from selection frequency information stored in the memory in association with a base model selected by the user on the customization screen, among selection frequency information recorded in the memory for each of the plurality of base models (Fig. 1[shows acquiring], Fig. 5[note difference with Fig. 6], Fig. 6[Examiner notes that a user’s previous purchase with specific components selected is comparable to a purchase record associated with a user relating to customization of components in the target, see element 622]; Col. 8 line 58 to Col. 9 line 24[the item selection server 120 has determined that item 620 has been configured by the user with an item attribute value that differs from the user's typical attribute value selections... As illustrated, user interface 600 indicates that “Baseball Cap” item 620 has been added to the shopping cart by the user with a “size” attribute value of “Large.” The user interface 600 also includes text 622 which reads “Note: You usually buy size Medium,” and providing an option 624 for the user to switch or adjust the attribute value for the “size” attribute to “medium,” or another value selected from menu 624, by selecting the “switch” option 626]; According to ¶0037 of the instant specification that purchase record is “information indicating how an actually purchased product was customized.”);
based on the acquired information, determining a display priority of the plurality of components and the plurality of variations, wherein the display priority is determined based on selection information corresponding to an action history in which the plurality of components were selected during the customization processing (Fig. 3[note the difference with Fig. 5], Fig. 5[element 506, 506, 510]; Col. 5, lines 20-57[another user may have purchased one or more of item 502 with the same attribute value selections sometime between the time that the current user added the item to his shopping cart and the time that the current user requested to view the contents of the shopping cart in user interface 500. The illustrative user interface 500 includes text 510 alerting the user that the original attribute selection is out of stock, and instructing the user to select a new size and/or flavor attribute value from the selectable attribute options presented for item 502. The selectable attribute options include flavor option 504. The user may select option 504 in order to view selectable attribute values for the flavor attribute and switch to a flavor that is currently in stock or otherwise available for purchase. In some embodiments, the displayed flavor options in pull-down menu 504 may be restricted to or indicate the flavor options that are currently in stock in the “5 lbs” size that the user previously selected. If the user instead wishes to keep the “Double Rich Chocolate” flavor attribute value, the user may select a new “size” attribute value, such as “2 lbs” size option 505 or “10 lbs” size option 508. The appearance of the “5 lbs” option 506 (as well as the “1 lb,” “3 lbs,” and “4 lbs” options) as a dotted box may indicate that the given size attribute value is not available for the selected flavor attribute value (“Double Rich Chocolate”)]); and
based on the determined display priority, dynamically controlling a display order of the plurality of components in the customization screen for customizing the target (Fig. 3[note the difference with Fig. 5], Fig. 5[element 506, 506, 510]; Col. 5, lines 20-57[another user may have purchased one or more of item 502 with the same attribute value selections sometime between the time that the current user added the item to his shopping cart and the time that the current user requested to view the contents of the shopping cart in user interface 500. The illustrative user interface 500 includes text 510 alerting the user that the original attribute selection is out of stock, and instructing the user to select a new size and/or flavor attribute value from the selectable attribute options presented for item 502. The selectable attribute options include flavor option 504. The user may select option 504 in order to view selectable attribute values for the flavor attribute and switch to a flavor that is currently in stock or otherwise available for purchase. In some embodiments, the displayed flavor options in pull-down menu 504 may be restricted to or indicate the flavor options that are currently in stock in the “5 lbs” size that the user previously selected. If the user instead wishes to keep the “Double Rich Chocolate” flavor attribute value, the user may select a new “size” attribute value, such as “2 lbs” size option 505 or “10 lbs” size option 508. The appearance of the “5 lbs” option 506 (as well as the “1 lb,” “3 lbs,” and “4 lbs” options) as a dotted box may indicate that the given size attribute value is not available for the selected flavor attribute value (“Double Rich Chocolate”)]),
wherein variations of each component are displayed in the history of selection frequency causing the customization screen to display the plurality of variations (Fig. 1[shows acquiring], Fig. 6[Examiner notes that a user’s previous purchase with specific components selected is comparable to a purchase record associated with a user relating to customization of components in the target, see element 622]; Col. 8 line 58 to Col. 9 line 24[FIG. 6 is an illustrative user interface 600 generated by the item selection server 120 and/or retail server 110 that includes items 602 and 620 contained in an electronic shopping cart, where the item selection server 120 has determined that item 620 has been configured by the user with an item attribute value that differs from the user's typical attribute value selections. The illustrated user interface 600 may be presented to the user as a result of the user's request to view the contents of his shopping cart. Alternatively, user interface 600 may be presented to the user after the user has selected the “10 lbs” size option presented in either user interface 400 of FIG. 4 (where the “10 lbs” size option was presented as an upgrade) or user interface 500 of FIG. 5 (where the “10 lbs” size option was presented as a substitution for a size selection that was no longer in stock). As illustrated, user interface 600 indicates that “Baseball Cap” item 620 has been added to the shopping cart by the user with a “size” attribute value of “Large.” The user interface 600 also includes text 622 which reads “Note: You usually buy size Medium,” and providing an option 624 for the user to switch or adjust the attribute value for the “size” attribute to “medium,” or another value selected from menu 624, by selecting the “switch” option 626]).
Although Otwell discloses determining a display priority of components and variations based on selection information during a customization process, Otwell does not explicitly disclose determining display priority based on selection frequency information corresponding to a history in which a selection sequence indicating an order in which the components selected matches a selection sequence of the user.
However, Loi teaches determining a display priority based on selection frequency that corresponds to a history in which a selection sequence indicates an order in which components were selected matches a selection sequence of the user (¶0051[The online concierge system 102 transmits 440 the suggestions to the client device of the user for display… The suggestions may be displayed in a sequence based on one or more criteria in various embodiments. For example, the suggestions are displayed in a sequence based on their frequency of selection by the user, or by other users (e.g., users having one or more common characteristics as the user), with suggestions that are more frequently selected having higher positions in the sequence in various embodiments] in view of Abstract [the online concierge system displays one or more suggestions associated with the item as selectable options in an interface to simplify specification of instructions for the item.]).
The system of Loi is applicable to the system of Otwell as they share characteristics and capabilities, namely, they are both targeted to purchasing products online. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display priority as disclosed by Otwell to include a display priority based on selection frequency of a user as taught by Loi. One of ordinary skill in the art would have been motivated to expand the system of Otwell in order to tailor items obtained by a shopper when fulfilling an order to preferences of the user (¶0006).
Although Otwell discloses displaying a plurality of components and variations on a customization screen, Otwell in view of Loi does not explicitly teach displaying the components in a descending order based on a number of times the variations were selected by the user, to display the variations in a descending order of possibility of selection by the user.
However, Park teaches displaying components in a descending order based on a number of times that the components or variations were selected by the user (Fig. 6[element 620 showing components being displayed in a descending order based on selection frequency]; ¶0073[the controller 140, when a specific input attribute is selected in a user interface window, may accumulate selection frequency on the corresponding input attribute and store the selection frequency in the storage 130. In addition, the controller 140 may configure a user interface window so that at least one input attribute which is included in a user interface window is listed in an order of selection frequency accumulated in the storage 130. The controller 140, by storing the configured user interface window in the storage 130, may update the configuration of a user interface window, that is, a display format]).
The system Park is applicable to the system of Otwell in view Loi as they share characteristics and capabilities, namely, they are all targeted to improving user interfaces and selections. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the product customization screen as taught by Otwell in view Loi to include displaying components in a descending order based on number of selections as taught by Park. One of ordinary skill in the art would have been motivated to expand the system of Otwell in view Loi so that user convenience in accordance with selection of the input attribute may be improved (¶0118).
Regarding Claim 11, Otwell discloses a display control device comprising: a processor; and a memory, wherein the processor is configured to (Fig. 2[depicting the processing apparatus along with a display and processor]; Col. 5, lines 25-40[The processing unit 204 may thus receive information and instructions from other computing systems or services via a network… The memory 210 generally includes RAM , ROM and / or other persistent or non-transitory memory] in view of Col. 13, lines 12-20):
control display of a customization screen, displayed prior to purchase of a target, for performing customization processing of the target by a user, the target including a plurality of components, each component having a plurality of variations, the target including a plurality of base models (Fig. 3[depicts an example screen and the variable product on element 310 is comparable to a target and base model, flavor and size are comparable to components, and the corresponding options are comparable to variations for the components]; Col. 6, lines 4-42[FIG. 3 is an illustrative user interface 300 generated by the item selection server 120 and/or retail server 110 that includes item attribute information received from or generated by the item selection server 120… In the illustrated example, the user interface 300 may be considered an item detail page for item 320, “100% Whey Protein—Gold Standard… In the illustrated example, the user interface 300 includes item attribute selection options 350 with two selectable item attributes: (1) the flavor of the whey protein, and (2) the size of the container. For example, a user may select flavor selection option or control 352, presented as a pull-down menu, in order to select an item attribute value for a “flavor” item attribute associated with item 320. In this example, the current item attribute value associated with the selectable “flavor” item attribute is “Double Rich Chocolate” (as shown by the text visible in selectable option 352). The current item attribute value associated with the selectable “size” item attribute is “5 lbs,” as indicated by the bold and shaded appearance of the “5 lbs” selectable option 356. A user may switch or adjust the item attribute value associated with the “size” attribute by selecting, for example, the “10 lbs” selectable option 354, resulting in selection of a different variation of the subject item 320. User selection of a different variation of the item, such as by selection of a different item attribute value for the flavor and/or size attributes, may cause the item selection server 120 and/or retail server 110 to selectively update one or more portions of user interface 300, such as item image 310, price 340, and/or seller information 370.]);
acquire information relating to customization of the plurality of components or the plurality of variations in the target by the user, the information including at least one of an action history or a purchase record associated with the user, the action history including at least a history of selection frequency of the plurality of components or the plurality of variations by the user, the action history being acquired from selection frequency information stored in the memory in association with a base model selected by the user on the customization screen, among selection frequency information recorded in the memory for each of the plurality of base models (Fig. 1[shows acquiring], Fig. 5[note difference with Fig. 6], Fig. 6[Examiner notes that a user’s previous purchase with specific components selected is comparable to a purchase record associated with a user relating to customization of components in the target, see element 622]; Col. 8 line 58 to Col. 9 line 24[the item selection server 120 has determined that item 620 has been configured by the user with an item attribute value that differs from the user's typical attribute value selections... As illustrated, user interface 600 indicates that “Baseball Cap” item 620 has been added to the shopping cart by the user with a “size” attribute value of “Large.” The user interface 600 also includes text 622 which reads “Note: You usually buy size Medium,” and providing an option 624 for the user to switch or adjust the attribute value for the “size” attribute to “medium,” or another value selected from menu 624, by selecting the “switch” option 626]; According to ¶0037 of the instant specification that purchase record is “information indicating how an actually purchased product was customized.”);
based on the acquired information, determine a display priority of the plurality of components and the plurality of variations, wherein the display priority is determined based on selection information corresponding to an action history in which the plurality of components were selected during the customization processing (Fig. 3[note the difference with Fig. 5], Fig. 5[element 506, 506, 510]; Col. 5, lines 20-57[another user may have purchased one or more of item 502 with the same attribute value selections sometime between the time that the current user added the item to his shopping cart and the time that the current user requested to view the contents of the shopping cart in user interface 500. The illustrative user interface 500 includes text 510 alerting the user that the original attribute selection is out of stock, and instructing the user to select a new size and/or flavor attribute value from the selectable attribute options presented for item 502. The selectable attribute options include flavor option 504. The user may select option 504 in order to view selectable attribute values for the flavor attribute and switch to a flavor that is currently in stock or otherwise available for purchase. In some embodiments, the displayed flavor options in pull-down menu 504 may be restricted to or indicate the flavor options that are currently in stock in the “5 lbs” size that the user previously selected. If the user instead wishes to keep the “Double Rich Chocolate” flavor attribute value, the user may select a new “size” attribute value, such as “2 lbs” size option 505 or “10 lbs” size option 508. The appearance of the “5 lbs” option 506 (as well as the “1 lb,” “3 lbs,” and “4 lbs” options) as a dotted box may indicate that the given size attribute value is not available for the selected flavor attribute value (“Double Rich Chocolate”)]); and
based on the determined display priority, dynamically control a display order of the plurality of components in the customization screen for customizing the target (Fig. 3[note the difference with Fig. 5], Fig. 5[element 506, 506, 510]; Col. 5, lines 20-57[another user may have purchased one or more of item 502 with the same attribute value selections sometime between the time that the current user added the item to his shopping cart and the time that the current user requested to view the contents of the shopping cart in user interface 500. The illustrative user interface 500 includes text 510 alerting the user that the original attribute selection is out of stock, and instructing the user to select a new size and/or flavor attribute value from the selectable attribute options presented for item 502. The selectable attribute options include flavor option 504. The user may select option 504 in order to view selectable attribute values for the flavor attribute and switch to a flavor that is currently in stock or otherwise available for purchase. In some embodiments, the displayed flavor options in pull-down menu 504 may be restricted to or indicate the flavor options that are currently in stock in the “5 lbs” size that the user previously selected. If the user instead wishes to keep the “Double Rich Chocolate” flavor attribute value, the user may select a new “size” attribute value, such as “2 lbs” size option 505 or “10 lbs” size option 508. The appearance of the “5 lbs” option 506 (as well as the “1 lb,” “3 lbs,” and “4 lbs” options) as a dotted box may indicate that the given size attribute value is not available for the selected flavor attribute value (“Double Rich Chocolate”)]),
wherein variations of each component are displayed in the history of selection frequency causing the customization screen to display the plurality of variations (Fig. 1[shows acquiring], Fig. 6[Examiner notes that a user’s previous purchase with specific components selected is comparable to a purchase record associated with a user relating to customization of components in the target, see element 622]; Col. 8 line 58 to Col. 9 line 24[FIG. 6 is an illustrative user interface 600 generated by the item selection server 120 and/or retail server 110 that includes items 602 and 620 contained in an electronic shopping cart, where the item selection server 120 has determined that item 620 has been configured by the user with an item attribute value that differs from the user's typical attribute value selections. The illustrated user interface 600 may be presented to the user as a result of the user's request to view the contents of his shopping cart. Alternatively, user interface 600 may be presented to the user after the user has selected the “10 lbs” size option presented in either user interface 400 of FIG. 4 (where the “10 lbs” size option was presented as an upgrade) or user interface 500 of FIG. 5 (where the “10 lbs” size option was presented as a substitution for a size selection that was no longer in stock). As illustrated, user interface 600 indicates that “Baseball Cap” item 620 has been added to the shopping cart by the user with a “size” attribute value of “Large.” The user interface 600 also includes text 622 which reads “Note: You usually buy size Medium,” and providing an option 624 for the user to switch or adjust the attribute value for the “size” attribute to “medium,” or another value selected from menu 624, by selecting the “switch” option 626]).
Although Otwell discloses determining a display priority of components and variations based on selection information during a customization process, Otwell does not explicitly disclose determining display priority based on selection frequency information corresponding to a history in which a selection sequence indicating an order in which the components selected matches a selection sequence of the user.
However, Loi teaches determining a display priority based on selection frequency that corresponds to a history in which a selection sequence indicates an order in which components were selected matches a selection sequence of the user (¶0051[The online concierge system 102 transmits 440 the suggestions to the client device of the user for display… The suggestions may be displayed in a sequence based on one or more criteria in various embodiments. For example, the suggestions are displayed in a sequence based on their frequency of selection by the user, or by other users (e.g., users having one or more common characteristics as the user), with suggestions that are more frequently selected having higher positions in the sequence in various embodiments] in view of Abstract [the online concierge system displays one or more suggestions associated with the item as selectable options in an interface to simplify specification of instructions for the item.]).
The system of Loi is applicable to the system of Otwell as they share characteristics and capabilities, namely, they are both targeted to purchasing products online. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display priority as disclosed by Otwell to include a display priority based on selection frequency of a user as taught by Loi. One of ordinary skill in the art would have been motivated to expand the system of Otwell in order to tailor items obtained by a shopper when fulfilling an order to preferences of the user (¶0006).
Although Otwell discloses displaying a plurality of components and variations on a customization screen, Otwell in view of Loi does not explicitly teach displaying the components in a descending order based on a number of times the variations were selected by the user, to display the variations in a descending order of possibility of selection by the user.
However, Park teaches displaying components in a descending order based on a number of times that the components or variations were selected by the user (Fig. 6[element 620 showing components being displayed in a descending order based on selection frequency]; ¶0073[the controller 140, when a specific input attribute is selected in a user interface window, may accumulate selection frequency on the corresponding input attribute and store the selection frequency in the storage 130. In addition, the controller 140 may configure a user interface window so that at least one input attribute which is included in a user interface window is listed in an order of selection frequency accumulated in the storage 130. The controller 140, by storing the configured user interface window in the storage 130, may update the configuration of a user interface window, that is, a display format]).
The system Park is applicable to the system of Otwell in view Loi as they share characteristics and capabilities, namely, they are all targeted to improving user interfaces and selections. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the product customization screen as taught by Otwell in view Loi to include displaying components in a descending order based on number of selections as taught by Park. One of ordinary skill in the art would have been motivated to expand the system of Otwell in view Loi so that user convenience in accordance with selection of the input attribute may be improved (¶0118).
Regarding Claim 14, Otwell in view of Loi in view of Park teaches the display control method according to claim 1, Otwell discloses wherein the selection information indicates a variation was selected first among the plurality of variations of a corresponding component by the user (Fig. 3[note the difference with Fig. 5], Fig. 5[element 506, 506, 510]; Col. 5, lines 20-57[another user may have purchased one or more of item 502 with the same attribute value selections sometime between the time that the current user added the item to his shopping cart and the time that the current user requested to view the contents of the shopping cart in user interface 500. The illustrative user interface 500 includes text 510 alerting the user that the original attribute selection is out of stock, and instructing the user to select a new size and/or flavor attribute value from the selectable attribute options presented for item 502. The selectable attribute options include flavor option 504. The user may select option 504 in order to view selectable attribute values for the flavor attribute and switch to a flavor that is currently in stock or otherwise available for purchase. In some embodiments, the displayed flavor options in pull-down menu 504 may be restricted to or indicate the flavor options that are currently in stock in the “5 lbs” size that the user previously selected. If the user instead wishes to keep the “Double Rich Chocolate” flavor attribute value, the user may select a new “size” attribute value, such as “2 lbs” size option 505 or “10 lbs” size option 508. The appearance of the “5 lbs” option 506 (as well as the “1 lb,” “3 lbs,” and “4 lbs” options) as a dotted box may indicate that the given size attribute value is not available for the selected flavor attribute value (“Double Rich Chocolate”)]).
Although Otwell discloses selection information indicating a variation that was selected, Otwell does not explicitly disclose selection frequency information indicating a number of times a variation was selected.
However, Loi teaches frequency information that indicates the number of times that a variation was selected (¶0051[The online concierge system 102 transmits 440 the suggestions to the client device of the user for display… The suggestions may be displayed in a sequence based on one or more criteria in various embodiments. For example, the suggestions are displayed in a sequence based on their frequency of selection by the user, or by other users (e.g., users having one or more common characteristics as the user), with suggestions that are more frequently selected having higher positions in the sequence in various embodiments] in view of Abstract [the online concierge system displays one or more suggestions associated with the item as selectable options in an interface to simplify specification of instructions for the item.]).
The method of Loi is applicable to the method of Otwell as they share characteristics and capabilities, namely, they are both targeted to purchasing products online. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display priority as disclosed by Otwell to include a display priority based on selection frequency of a user as taught by Loi. One of ordinary skill in the art would have been motivated to expand the method of Otwell in order to tailor items obtained by a shopper when fulfilling an order to preferences of the user (¶0006).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otwell in view of Loi in view of Park in further view of Zhao et al. (US 2022/0237682 A1 [previously cited]).
Regarding Claim 5, Otwell in view of Loi in view of Park teaches the display control method according to claim 4, Otwell discloses further comprising: raising the display priority of the variation that was selected more frequently than other variations of the plurality of variations in an action history (Fig. 6[element 622]; Col. 9, line 5-24[As illustrated, user interface 600 indicates that “Baseball Cap” item 620 has been added to the shopping cart by the user with a “size” attribute value of “Large.” The user interface 600 also includes text 622 which reads “Note: You usually buy size Medium,” and providing an option 624 for the user to switch or adjust the attribute value for the “size” attribute to “medium,” or another value selected from menu 624, by selecting the “switch” option 626. Text 622 may be generated by item selection server 120, for example, in response to the item selection server determining that the user has previously purchased one or more “medium” sized items associated with the same item category that is associated with item 620 (which may be, for example, “clothing,” “hats,” “baseball caps,” etc.), and/or that the user has indicated a user preference for “medium” sized items in a category associated with item 620. The determination may be made by the item selection server based on customer purchase data and/or user preference data in one or more data stores, such as item data store 114]; examiner notes that displaying a variation that was selected before by the user is comparable to raising a display priority of that variation).
Although Otwell discloses raising a display priority of the variation that was selected often based on an action history, Otwell in view of Loi in view of Park does not explicitly teach an action history in which a selection sequence that indicates a sequence in which the plurality of components are selected coincides with the selection sequence of the user.
However, Zhao et al., hereinafter, Zhao teaches storing a selection sequence that indicates a sequence in which products were selected by a user (Fig. 6; ¶0086[At operation 600, the system identifies a sequence of items selected by a user. According to an example, a user interface of the system identifies a sequence of items such as phone charger, headset, and a smart phone. The sequence of items may be selected by the user. In some cases, the sequence of items may come from a third-party website (e.g., user's purchase history on an e-commerce website). In some cases, the operations of this step refer to, or may be performed by, a user interface as described with reference to FIG. 3.]).
The method of Zhao is applicable to the method of Otwell in view of Loi in view of Park, as they share characteristics and capabilities, namely, they are targeted to selection and display order of items. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display priority of item variations selected often by a user as taught by Otwell in view of Loi in view of Park to include selection sequences as taught by Zhao. One of ordinary skill in the art would have been motivated to expand the method of Otwell in view of Loi in view of Park in order to provide sequential item recommendation (¶0001).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otwell in view of Loi in view of Park in further view of Felder et al. (US 2017/0169491 A1 [previously cited]).
Regarding Claim 9, Otwell in view of Loi in view of Park teaches the display control method according to claim 1, Otwell discloses wherein the target is an item (Fig. 3[element 310]; Col. 2, lines 35-50[Generally described, aspects of the present disclosure relate to enabling a user to adjust or modify attributes of an item after adding the item to a shopping cart, after adding the item to an order, and/or after otherwise selecting the item for purchase or potential purchase.]).
While Otwell discloses the target being an item to be purchased, Otwell in view of Loi in view of Park does not explicitly teach the target being a watch.
However, Felder et al., hereinafter, Felder teaches watches as products (¶0011[This makes it easier for the potential purchaser to review the actual product offerings that are of interest (in other words, for, for example, watches, the initial gauge measurement is plugged into the system and the filtered results are then provided that are available for purchase and that meet such results; if a certain watch is not offered within the same measurements within the gauge range, it will not be presented for further consideration for the potential purchaser)]).
The method of Felder is applicable to the method of Otwell in view of Loi in view of Park as they share characteristics and capabilities, namely, they are targeted to personalized interfaces. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the target as taught by Otwell in view of Loi in view of Park to include a watch as taught by Felder. One of ordinary skill in the art would have been motivated to expand the method of Otwell in view of Loi in view of Park in order to provide a method of facilitating e-commerce sales of circular adornments (such as watches, bracelets, anklets, and the like) (¶0001).
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otwell in view of Loi in view of Park in further view of Kandala et al. (US 2016/0140632 A1 [previously cited]).
Regarding Claim 12, Otwell in view of Loi in view of Park teaches the display control method according to claim 1, Otwell discloses further comprising:
when one of the plurality of variations for a component of the plurality of components is selected, controlling the display order of the plurality of components in the customization screen to display the component of the plurality of components (Fig. 3[depicts an example screen and the variable product on element 310 is comparable to a target, flavor and size are comparable to components and the corresponding options are comparable to variations for the components]; Col. 6, lines 4-42[FIG. 3 is an illustrative user interface 300 generated by the item selection server 120 and/or retail server 110 that includes item attribute information received from or generated by the item selection server 120… In the illustrated example, the user interface 300 may be considered an item detail page for item 320, “100% Whey Protein—Gold Standard… In the illustrated example, the user interface 300 includes item attribute selection options 350 with two selectable item attributes: (1) the flavor of the whey protein, and (2) the size of the container. For example, a user may select flavor selection option or control 352, presented as a pull-down menu, in order to select an item attribute value for a “flavor” item attribute associated with item 320. In this example, the current item attribute value associated with the selectable “flavor” item attribute is “Double Rich Chocolate” (as shown by the text visible in selectable option 352). The current item attribute value associated with the selectable “size” item attribute is “5 lbs,” as indicated by the bold and shaded appearance of the “5 lbs” selectable option 356. A user may switch or adjust the item attribute value associated with the “size” attribute by selecting, for example, the “10 lbs” selectable option 354, resulting in selection of a different variation of the subject item 320. User selection of a different variation of the item, such as by selection of a different item attribute value for the flavor and/or size attributes, may cause the item selection server 120 and/or retail server 110 to selectively update one or more portions of user interface 300, such as item image 310, price 340, and/or seller information 370]).
Although Otwell discloses controlling the display order of display components, Otwell in view of Loi in view of Park does not explicitly teach displaying components at a last position.
However, Kandala et al., hereinafter, Kandala, teaches moving a product to a last position (Figs. 63 and 64; ¶0143[FIGS. 63-64 illustrate example mobile device screens 6300, 6400 that enable a “Relay Runner”, following selection of a product, to view the product details along with any special instructions, to call the consumer for more details, and to mark the item as “Picked up,” following checkout from store, upon which the product is move to the bottom of the list]).
The method of Kandala is applicable to the method of Otwell in view of Loi in view of Park as they share characteristics and capabilities, namely, they are targeted to improving user interfaces. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the displaying of components as taught by Otwell in view of Loi in view of Park to include displaying components at a last position as taught by Kandala. One of ordinary skill in the art would have been motivated to expand the method of Otwell in view of Loi in view of Park in order to provide an innovative way for consumers to shop for products at shopping malls at or near a user-specified location, using a mobile device of the consumer (¶0073).
Regarding Claim 13, Otwell in view of Loi in view of Park in view of Kandala teaches the display control method according to claim 12, Otwell discloses further comprising:
when a first type in which the component selected includes a single variation among the plurality of variations or a second type in which the component selected includes two or more variations among the plurality of variations is selectable by the user in the customization processing, specifying either the first type or the second type based on the acquired information regarding the component and then changing, in accordance with the specified type, the display order of the plurality of variations in a screen for selecting the variation for the component (Fig. 3[depicts an example screen and the variable product on element 310 is comparable to a target, flavor and size are comparable to components and the corresponding options are comparable to variations for the components]; Col. 6, lines 4-42[FIG. 3 is an illustrative user interface 300 generated by the item selection server 120 and/or retail server 110 that includes item attribute information received from or generated by the item selection server 120… In the illustrated example, the user interface 300 may be considered an item detail page for item 320, “100% Whey Protein—Gold Standard… In the illustrated example, the user interface 300 includes item attribute selection options 350 with two selectable item attributes: (1) the flavor of the whey protein, and (2) the size of the container. For example, a user may select flavor selection option or control 352, presented as a pull-down menu, in order to select an item attribute value for a “flavor” item attribute associated with item 320. In this example, the current item attribute value associated with the selectable “flavor” item attribute is “Double Rich Chocolate” (as shown by the text visible in selectable option 352). The current item attribute value associated with the selectable “size” item attribute is “5 lbs,” as indicated by the bold and shaded appearance of the “5 lbs” selectable option 356. A user may switch or adjust the item attribute value associated with the “size” attribute by selecting, for example, the “10 lbs” selectable option 354, resulting in selection of a different variation of the subject item 320. User selection of a different variation of the item, such as by selection of a different item attribute value for the flavor and/or size attributes, may cause the item selection server 120 and/or retail server 110 to selectively update one or more portions of user interface 300, such as item image 310, price 340, and/or seller information 370]).
Response to Arguments
Applicant’s arguments on pages 13-18 of the remarks filed 03/17/2026, with respect to the previous 35
USC § 101 rejections have been fully considered but are not persuasive.
Applicant argues on pages 13-15 that the amended claim 1 integrates the abstract idea into a practical application. Examiner respectfully disagrees. The MPEP provides guidance on how to evaluate whether claims recite an improvement in the functioning of a computer or an improvement to other technology or technical field. For example, the MPEP states "the specification should be evaluated to determine if the disclosure provides sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement." The MPEP further states that "[t]he specification need not explicitly set forth the improvement, but it must describe the invention such that the improvement would be apparent to one of ordinary skill in the art," and that, "conversely, if the specification explicitly sets forth an improvement but in a conclusory manner the examiner should not determine the claim improves technology" (see MPEP 2106.04). That is, the claim includes the components or steps of the invention that provide the improvement described in the specification. Looking to the specification is a standard that the courts have employed when analyzing claims as it relates to improvements in technology. For example, in Enfish, the specification provided teaching that the claimed invention achieves benefits over conventional databases, such as increased flexibility, faster search times, and smaller memory requirements. Enfish LLC V. Microsoft Corp., 822 F.3d 1327, 1335-36 (Fed. Cir. 2016). Additionally, in Core Wireless the specification noted deficiencies in prior art interfaces relating to efficient functioning of the computer. Core Wireless Licensing V. LG Elecs. Inc., 880 F.3d 1356 (Fed Cir. 2018). With respect to McRO, the claimed improvement, as confirmed by the originally filed specification, was " allowing computers to produce 'accurate and realistic lip synchronization and facial expressions in animated characters " and it was " the incorporation of the claimed rules, not the use of the computer, that "improved [the] existing technological process" by allowing the automation of further tasks". McRO, Inc. v. Bandai Namco Games America Inc., 837 F.3d 1299, (Fed. Cir. 2016).
While the Examiner acknowledges that improvements to the functioning of a computer or any other technology or technical field may constitute integration into a practical application (see MPEP 2106.05(a)), the instant claims do not provide a technical improvement. Rather, the claims provide an improvement to the abstract idea of product customization recommendation. This is illustrated in the specification discussing customizing the components of a product such as a wristwatch and further ordering the customized product (see specification ¶0003, ¶0048, and ¶0052) and further discussing that the system is configured to receive orders from one or more users, where an order specifies a product (items or products) to be purchased (see specification ¶0055).
Furthermore, MPEP enumerates groupings of abstract ideas, thereby synthesizing the holdings of various court decisions to facilitate examination. See MPEP 2106.04. Among the enumerated groupings is the Certain Methods of Organizing Human Activity grouping, which includes activity that falls within the enumerated sub-grouping of commercial or legal interactions, including subject matter relating to agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. The argued limitations of “the display priority is determined based on selection frequency information corresponding to an action history in which a selection sequence indicating an order in which the plurality of components were selected matches a selection sequence of the user during the customization processing” further represents certain methods of organizing human activity. Furthermore, acquiring “from selection frequency information with a base model selected by the user”, identifies historical action histories having the same component-selection order as the user's current customization sequence, and dynamically controls the display order based on that match is part of the abstract idea. The mere application of the abstract idea on components such as an information processing device including a processor and a memory, display of a customization screen, and information stored in the memory in association with a model does not amount to integrating the abstract idea into a practical application. These components are described at a high level of generality in Fig. 3 and ¶¶0101-0106 of the specification.
Paragraphs 0038, 0044, 0070, and Figs. 13-15 of the specification are cited by the applicant to support a technical improvement of enabling “the system to efficiently retrieve only relevant historical data and to update the customization screen in real time, improving responsiveness and reducing unnecessary processing during active customization” on page 15 of the remarks. ¶0038 of the instant specification describes counting how many times a component is selected by a user and updating selection frequency information every time a component or variation is selected by the user. ¶0044 of the instant specification describes acquiring a number of selections of each variation of each component with respect to a base model. ¶0070 of the instant specification describes recording a selection sequence indicating an order in which components are selected at addresses in a memory and updating display order information based on action history information and the selection sequences in order to cause variations of each component to be displayed. Examiner notes that counting how many times a component is selected, acquiring a number of selections of each variation of each component, and recording a selection sequence are all part of the abstract idea and do not amount to an integration of the abstract idea nor provide a technical improvement.
With respect to Applicant’s argument that the claims are akin to Example 37, the Examiner respectfully disagrees. The subject matter eligibility examples are hypothetical and only intend to be illustrative of the claim analysis under the MPEP. These examples are to be interpreted based on the fact patterns set forth in each example, as other fact patterns may have different eligibility outcomes. Example 37 provided a technical improvement to the technical problem of users only being able to manually create non-traditional arrangements of icons, by providing a method for rearranging icons on a graphical user interface (GUI), wherein the method moves the most used icons to a position on the GUI, specifically, closest to the ‘start’ icon of the computer system, based on a determined amount of use. The present claims provide no analogous technical solution. While the Examiner acknowledges the interface, the claims provide no similar automatic arrangement of icons in response to an automatic determination by a processor that tracks the number of times each icon is selected or how much memory has been allocated to the individual processes associated with each icon over a period of time. Furthermore, unlike Example 37, Applicant’s specification provides no explanation of an improvement to the functioning of a computer or other technology. Accordingly, there is no evidence, that a technological improvement is provided.
Accordingly, Examiner maintains that the invention is directed to a judicial exception without
significantly more. The claims recite an abstract idea. This judicial exception is not integrated into a practical application. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Thus the 35 USC §101 rejections are maintained.
Applicant’s arguments on pages 7-13 of the remarks filed 03/17/2026, with respect to the previous 35 USC § 103 rejections have been fully considered but are mostly moot in view of the new 103 rejection of the amended claims.
Applicant claims on page 11 of the remarks that Park does not disclose “acquiring action history corresponding to a base model selected by the user, among selection frequency information recorded for each of a plurality of base models” and “determining a display priority based on selection frequency information corresponding to an action history in which a selection sequence indicating an order in which the plurality of components were selected matches a selection sequence of the user during the customization processing.” Examiner respectfully disagrees. Park describes accumulating the frequency of user selection on an input attribute and storing the selection frequency in a storage. Furthermore, Park describes displaying input attributes types “in an order of selection frequency accumulated in the storage”, see ¶0073 and Fig. 6 of Park. Displaying a list of items in a descending order based on user’s selection frequency is comparable to displaying components in a descending order based on a number of times the variations were selected by the user and to display the variations in a descending order of possibility of being selected by the user.
The method Park is applicable to the method of Otwell in view Loi as they share characteristics and capabilities, namely, they are all targeted to improving user interfaces and selections. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display of variations of each component of a base model on a customization screen as taught by Otwell in view Loi to include displaying components in a descending order based on number of selections as taught by Park.
As per MPEP 2111, the pending claims must be given their broadest reasonable interpretation consistent with the specification. Applicant’s arguments regarding acquiring action history corresponding to a base model selected by a user and a selection sequence are a narrow interpretation of the claims. Furthermore, according to the MPEP 2111.01(II), it is improper to import claim limitations from the specification when interpreting the claims under broadest reasonable interpretation.
Accordingly, references Otwell, Park, Zhao, Felder, and Kandala have been maintained and reference Loi has been added in view of the claim amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/AHOORA LADONI/Examiner, Art Unit 3689
/MARISSA THEIN/Supervisory Patent Examiner, Art Unit 3689
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