DETAILED ACTION
Status of Claims
Claims 1 and 11 are currently amended.
Claims 4 and 14 have been canceled.
Claims 1-3, 5-13, and 15-20 are currently pending and have been examined.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/27/2026 has been entered.
Response to Arguments
35 USC 112
Applicant’s arguments and amendments, filed 01/27/2026, with respect to the 35 USC 112 rejections have been fully considered and are persuasive. The 35 USC 112 rejection of 11/06/2025 has been withdrawn. Examiner notes in light of current amendments, a new grounds of 35 USC 112 has been made. See rejection below for more detail.
35 USC 101
Applicant's arguments filed 01/27/2026 with respect to the 35 USC 101 rejection have been fully considered but they are not persuasive. Applicant argues that the claims are not directed to an abstract idea because claim 1 recites specific technical mechanisms that govern how the computing device processes signals, updates internal data structures, and modifies displayed results. Applicant argues that because of this the claims are not directed towards a mental process, method of organizing human activity, or an abstract idea performed by a computer as a tool. Examiner respectfully disagrees. As was discussed in the previous Office Action and again in the rejection below, representative claim 1 recites certain claim limitations that are directed to the abstract idea of ranking search results. These limitations include:
A search results section and a search adjustment section; Determining a plurality of factors in response to receiving a search query; Determining a plurality of factor ranges corresponding to the plurality of factors; Displaying, using the search adjustment section, a plurality of elements corresponding to the plurality of factors and the plurality of factor ranges; Determining a plurality of environment trigger conditions; Modifying the plurality of factors in response to determining a first environment trigger condition of the plurality of environment trigger conditions; and Adjusting the plurality of factor ranges in response to determining a second environment trigger condition of the plurality of environment trigger conditions; Displaying, using the search adjustment section, a modified plurality of elements corresponding to the modified plurality of factors and the adjusted plurality of factor ranges; Receiving, a plurality of factor weights for the modified plurality of factors, the plurality of factor weights being within the adjusted plurality of factor ranges; Scoring a plurality of search results using the plurality of factor weights; Ranking the plurality of search results in response to scoring the plurality of search results; Displaying, using the search results section, the plurality of search results according to the ranking for selection by the user; Wherein the first environment trigger condition of the second environment trigger condition includes a change in availability of an item; and Wherein one or more of the plurality of search results are removed from the plurality of search results without re-executing the scoring based upon a condition for the one or more search results rendering unavailable the one or more search results wherein the environment trigger condition includes a geolocation trigger and the unavailability of the one or more search results includes the one or more search results being located at a location no longer accessible based on the geolocation trigger; wherein the removal and display of the updated plurality of search results occurs in response to an event-driven update generated by the environment trigger condition; and Displaying an updated plurality of search results wherein the one or more search results being located at a location no longer accessible based on the geolocation trigger are removed, the removal being triggered by the environment trigger condition.
The abstract idea recited in claim 1 is certain methods of organizing human activity because it recites limitations directed towards commercial or legal interactions, specifically sales activities. Additionally, claim 1 recites limitations that require calculations using a known formula and therefore recite abstract idea considered to be mathematical concepts. Examiner notes that Step 2A prong 1 evaluates whether the claims recite a judicial exception, which limitations of the claim recite the judicial exception, and why it is considered a judicial exception. Step 2A prong 2 evaluates the additional elements.
On page 14 of Applicant’s Remarks, Applicant argues that under Step 2A prong 2 that claim 1 recites features that improve computer performance rather than mere instructions to apply an abstract idea on a generic computer. On page 15 of Applicant’s Remarks, Applicant argues that the claims recite a technical improvement to computer functionality by improving the efficiency and responsiveness of the computing device, not merely the quality of information presented. Examiner respectfully disagrees. 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. MPEP 2106.04(d)(1). The 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, conversely, if the specification explicitly sets forth an improvement but in a conclusory manner the examiner should not determine the claim improves technology. Id. 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 benefit 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 note 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, no the use of the computer, that “improved [the] existing technological process” by allowing the automation of further tasks.” McRO, Inc. v. Bandai Nanco Games America Inc., 837 F.3d 1299 (Fed. Cir. 2016).
In this case, Applicant’s specification mentions that search results may be updated dynamically in response to changes. Specification at page 7, lines 16-25. Additionally, Applicant’s Specification discloses that the external device may be any type of device that allows for input or output and may be part of computing device which may monitor conditions by receiving data from one or more external devices such as receiving certain trigger conditions or changes may trigger the addition or removal of a weighted factor, adjustment of a range of values, availability of search results, or ranking of search result. Specification and pages 14-15, lns 15-25 & 1-5. These statements are considered conclusory statements because there is no explanation as to how the invention improves the functionality of the user interface or controllable elements and is therefore insufficient to demonstrate that the claims improve technology. Examiner notes that there is no place in the Specification that recites that any of the functions results in reducing processor utilization and user interface latency. Rather than an improvement to technology, the claims focus “on a process that qualifies as an ‘abstract idea’ for which computers are invoked merely as a tool”. Id citing Enfish at 1327, 1336. Although the claims include computer technology, such elements are merely peripherally incorporated in order to implement the abstract idea. This is unlike the improvement recognized by the courts in cases such as Enfish, Core Wireless, and McRO. Unlike precedential cases, neither the specification nor the claims of the instant invention identify such a specific improvement to computer capabilities. The instant claims are not directed to improving “the existing technological process” but are directed to improving the commercial task of ranking search results. The claimed process is not providing any improvement to another technology or technical field as the claimed process is not, for example, improving the processor/user interface latency and/or user interface and/or computer components and/or display and/or sensor that operate the system. The specification discloses that data may be updated based on monitored factors such as geolocation. This is not a technical improvement to the search interface. Rather, it is taking known methods of monitoring to do routine updates of data that is displayed. As such, the claims do not recite specific technological improvements.
On page 15, Applicant argues that the claims are not merely result-oriented or generic and that certain limitations meaningfully constrain the scope of the claim and tie it to particular computing operations. Examiner respectfully disagrees. While the claim does include additional limitations such as signals from one or more sensors or a network interface, a computing device, controllable elements, use interface, and data structure, these additional elements do not integrate the abstract idea into a practical application because they merely amount to no more than an instruction to apply the abstract idea using a generic computer or merely use a computer as a tool to perform the abstract idea. These additional elements are described at a high level in Applicant's specification without any meaningful detail about their structure or configuration. Similar to the limitations of Alice, representative claim 1 merely recites a commonplace business method (i.e., providing item information) being applied on a general-purpose computer. See MPEP 2106.05(f). Thus, the claimed additional elements are merely generic elements and the implementation of the elements merely amounts to no more than an instruction to apply the abstract idea using a generic computer.
35 USC 103
Applicant's arguments and amendments filed 01/27/2026 with respect to the 35 USC 103 rejection have been fully considered but they are not persuasive. Applicant argues that Applicant’s amendments are not disclosed by the cited references. Examiner respectfully disagrees. Revelle discloses determining a plurality of environment trigger conditions based on one or more signals received from one or more of a network interface. Specifically Revelle discloses user selecting factors form the list of the data field/receiving input at the interface on a website. See at least paragraph [0024], [0029]. Additionally, Greenwald discloses dynamically removing one or more search results form a data structure without re-executing the scoring. See at least Abstract and paragraph [0015]. Greenwald creatin and outputting a dataset including one or more venues defined in the geographical region of a live updated map. This results in real time (e.g., dynamic) removing/updating the search results (e.g. venues/events) based at least in part on the location. See at least paragraph [0002]. As a location of the device changes, the area defined on the user interface is automatically updated and the events and venues can change as a result. See at least paragraph [0025]. For at least these reasons, Examiner maintains the previous 35 USC 103 rejection.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5-13, and 15-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 11recite: “wherein the dynamic removal and display of the updated plurality of search results occurs in response to an event-driven update generated by the environment trigger condition, thereby reducing processor utilization and user interface latency relative to re-ranking all search results” The claimed limitations represent new matter because a review of the originally filed disclosure does not describe how reranking search results would have any effect on processor utilization or user interface latency. While the originally filed disclosure describes a processing device and interface, the disclosure does not describe how the performance of the processor utilization may be reduced or how latency is effected based on re-ranking search results.
Therefore, the subject matter of the claim, recited above, does not conform to the disclosure in such a manner in which one of ordinary skill in the art would recognize the claimed limitations as being what the Applicant adequately described as the invention or what the Applicant actually had possession of at the time of the invention. Applicant’s failure to disclose “wherein the dynamic removal and display of the updated plurality of search results occurs in response to an event-driven update generated by the environment trigger condition, thereby reducing processor utilization and user interface latency relative to re-ranking all search results” raises questions whether Applicant truly had possession of this feature at the time of filing and thereby fails to comply with the written description requirement (see MPEP 2163: II(3)(a)).
Claims 2-3, 5-10, 12-13, and 15-20 inherit the deficiencies of claims 1 and 11.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-3, 5-13, and 15-20 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 claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Under Step 1 of the Alice/Mayo test the claims re directed to statutory categories. MPEP 2106.03. Specifically, the method, as claimed in claims 1-3 and 5-10, is directed to a process. Additionally, the computer program product, as claimed in claims 11-13 and 15-20, is directed to an apparatus
While the claims fall within statutory categories, under revised Step 2A, Prong 1 of the eligibility analysis (MPEP 2106.04), the claimed invention recites the abstract idea of ranking search results. Specifically, representative claim 1 recites the abstract idea of: a method for ranking dynamic search results comprising:
A search results section and a search adjustment section;
Determining a plurality of factors in response to receiving a search query;
Determining a plurality of factor ranges corresponding to the plurality of factors;
Displaying, using the search adjustment section, a plurality of elements corresponding to the plurality of factors and the plurality of factor ranges;
Determining a plurality of environment trigger conditions;
Modifying the plurality of factors in response to determining a first environment trigger condition of the plurality of environment trigger conditions; and
Adjusting the plurality of factor ranges in response to determining a second environment trigger condition of the plurality of environment trigger conditions;
Displaying, using the search adjustment section, a modified plurality of elements corresponding to the modified plurality of factors and the adjusted plurality of factor ranges;
Receiving, a plurality of factor weights for the modified plurality of factors, the plurality of factor weights being within the adjusted plurality of factor ranges;
Scoring a plurality of search results using the plurality of factor weights;
Ranking the plurality of search results in response to scoring the plurality of search results;
Displaying, using the search results section, the plurality of search results according to the ranking for selection by the user;
Wherein the first environment trigger condition of the second environment trigger condition includes a change in availability of an item; and
Wherein one or more of the plurality of search results are removed from the plurality of search results without re-executing the scoring, based upon a condition for the one or more search results rendering unavailable the one or more search results wherein the environment trigger condition includes a geolocation trigger and the unavailability of the one or more search results includes the one or more search results being located at a location no longer accessible based on the geolocation trigger, wherein the removal and display of the updated plurality of search results occurs in reposen to an event-driven update generated by the environment trigger condition; and
Displaying an updated plurality of search results wherein the one or more search results being located at a location no longer accessible based on the geolocation trigger are removed, the removal being triggered by the environment trigger condition.
Under revised Step 2A, Prong 1 of the eligibility analysis, it is necessary to evaluate whether the claim recites a judicial exception by referring to subject matter groupings articulated in MPEP 2106.04(a). The claims recite an abstract idea. For example, representative claim 1 recites the abstract idea of ranking search results, as noted above. This concept is considered to be a certain method of organizing human activity. Certain methods of organizing human activity include “fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).” MPEP 2106.04(a)(2)(II). In this case, the abstract idea recited in representative claim 1 is a certain method of organizing human activity because determining factors, determining ranges, determining trigger conditions, modifying factors, adjusting ranges, displaying elements/modified elements/search results, receiving weights, scoring, and ranking the results are commercial or legal interactions because they are sales activities.
Additionally, the abstract idea identified above is considered to be mathematical concepts. Mathematical concepts include “mathematical relationships, mathematical formulas or equations, mathematical calculations”. MPEP 2106.04(a)(2)(I). In this case, receiving a plurality of weights, scoring the search results using the weights, and ranking the search results in response to the scoring are mathematical calculations because they require a calculation using a known formula for calculating search result scores. Thus, representative claim 1 recites an abstract idea.
Under revised Step 2A, Prong 2 of the eligibility analysis, if it is determined that the claims recite a judicial exception, it is then necessary to evaluate whether the claims recite additional elements that integrate the judicial exception into a practical application of that exception. MPEP 2106.04(d). When an additional element does no more than generally link the use of a judicial exception to a particular technological environment or field of use, the judicial exception has not been integrated into a practical application. MPEP 2106.04(d). In this case, representative claim 1 includes additional elements such as user interface with different sections, a computing device, plurality of controllable elements, one or more of a sensor or network interface, data structure, a modified plurality of controllable elements, a display. Although reciting additional elements, the additional elements do not integrate the abstract idea into a practical application because they merely amount to no more than a general link of the use of the abstract idea to a particular technological environment or field of use. The courts have identified various examples of limitations as merely indicating a field of use/technological environment in which to apply the abstract idea, such as specifying that the abstract idea of a commonplace business method or mathematical algorithm being applied on a general purpose computer (Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573, U.S. 208, 223, 110 USPQ2d 1976, 1983 (2014)) and requiring the use of software to tailor information and provide it to the user on a generic computer (Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1370-71, 115 USPQ2d 1636, 1642 (Fed. Cir. 2015)). MPEP 2106.05(f). Similarly, specifying that the abstract idea of ranking search results occurs within an electronic world merely indicates a field of use in which to apply the abstract idea because this requirement merely limits the claims to the computer field, i.e., to execution on a generic interface. Since the additional elements merely amount to no more than a general link of the use of the abstract idea to a particular technological environment or field of use, the abstract idea has not been integrated into a practical application. As such, the additional elements do not integrate the judicial exception into a practical application of the abstract idea and, thus, representative claim 1 is directed to an abstract idea.
Under Step 2B of the eligibility analysis, if it is determined that the claims recite a judicial exception that is not integrated into a practical application of that exception, it is then necessary to evaluate the additional elements individually and in combination to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself). MPEP 2106.05. In this case, as noted above, the additional elements recited in independent claim 1 are recited and described in a generic manner merely amount to no more than a general link of the use of the abstract idea to a particular technological environment or field of use.
Even when considered as an ordered combination, the additional elements of representative claim 1 do not add anything that is not already present when they are considered individually. In Alice, the court considered the additional elements “as an ordered combination,” and determined that “the computer components…’ad[d] nothing… that is not already present when the steps are considered separately’… [and] [v]iewed as a whole…[the] claims simply recite intermediated settlement as performed by a generic computer.” Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573, U.S. 208, 223, 110 USPQ2d 1976, 1983 (2014) (citing Mayo, 566 U.S. at 79, 101 USPQ2d at 1972). Similarly, when viewed as a whole, representative claim 1 simply conveys the abstract idea itself facilitated by generic computing components. Therefore, under Step 2B of the eligibility analysis, there are no meaningful limitations in representative claim 1 that transforms the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself.
As such, representative claim 1 is ineligible.
Dependent Claims 2-3 and 5-10 do not aid in the eligibility of independent claim 1. For example, claims 2-10 merely further define the abstract limitations of claim 1.
Furthermore, it is noted that certain dependent claims include additional elements supplemental to those recited in independent claim 1: capturing an image of a bar code (claim 10). However, these additional elements do not integrate the abstract idea into a practical application because they merely amount to no more than a general link of the use of the abstract idea to a particular technological environment or field of use. These additional elements are merely generic elements and are likewise described in a generic manner in Applicant’s specification. Additionally, the additional elements do not amount to significantly more because they merely amount to no more than a general link of the use of the abstract idea to a particular technological environment or field of use.
Dependent claims 2-3 and 5-9 do not recite additional elements supplemental those recited in claim 1. Therefore, the additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea for the reasons described above with respect to claim 1.
Thus, dependent claims 2-3 and 5-10 are also ineligible.
Independent claim 11 recites the same abstract idea recited in representative claim 1. Independent claim 11 recites the additional elements of a computer program product for use on a computer system comprising tangible, non-transient computer usable medium having computer readable program code. The additional elements in independent claim 11 do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea for the reasons described above with respect to claim 1.
Similarly, the dependent clams 12-13 and 15-20 do not recite additional elements supplemental those recited in claims 2-3 and 5-10. Therefore, the additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea for the reasons described above with respect to claims 2-3 and 5-10, respectively.
Thus, dependent claims 12-13 and 15-20 are also 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 5-9, 11-13, and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Revelle (US 2017/0011038) in view of Setty et al. (US 2016/0125498), and further in view of Greenwald et al. (US 2016/0259500).
Regarding Claims 1 and 11, Revelle discloses a method for ranking dynamic search results (See at least Abstract, [0031] disclosing search results sorted based on weightings)
Providing a user interface operatively coupled with and in communication with a computing device (See at least paragraph [0018]), for a search results section and a search adjustment section, (Revelle: see at least Fig. 3A-B, Fig. 4, 6, 10)
Determining, by the computing device, a plurality of factors (See at least paragraph [0024]) in response to receiving a search query (See at least paragraph [0018]);
Displaying, by the computing device to the user interface, using the search adjustment section, a plurality of controllable elements corresponding to the plurality of factors s (See at least Fig. Fig. 3A-B, Fig. 4, 6, 10)
Determining, by the computing device, a plurality of environment trigger conditions based on one or more signals received form one or more of a sensor or network interface (See at least paragraph [0024] disclosing system generating list of data fields and user selecting the factors form the list of the data field – Examiner notes that an environment trigger is considered to be any sort of manipulation to the search, [0029]);
Modifying, by the computing device, the plurality of factors in response to determining a first environment trigger condition of the plurality of environment trigger conditions (See at least paragraph [0024]-[0025] & [0034] disclosing user choosing which factors to be used in the search);
Adjusting, by the computing device, the plurality of factor ranges in response to determining a second environment trigger condition of the plurality of environment trigger conditions (See at least paragraph [0024]-[0025] & [0034] disclosing indicating ranges such as max and min, Figs. 3A, 3B, & 4 disclosing entering in range information)
Receiving, by the computing device, using the plurality of controllable elements, a plurality of factor weights for the modified plurality of factors, the plurality of factor weights being within the adjusted plurality of factor ranges (See at least paragraph [0025]-[0026], [0031]-[0032] disclosing receiving weight information, Fig. 6 disclosing slidable elements to adjust weights of each factor)
Ranking, by the computing device, the plurality of search results in response to weighing the plurality of search results (See at least paragraph [0017] and [0031] disclosing ranking the search results in accordance with the weights), and
Displaying, by the computing device to the user interface, using the search results section, the plurality of search results according to the ranking (See at least paragraph [0017] and [0031] disclosing ranking the search results in accordance with the weights, [0035], Fig. 10).
Revelle does not expressly provide for the user interface including both a search results section and a search adjustment section, determining, by the computing device, a plurality of factor ranges corresponding to the plurality of factors; displaying, by the computing device, using the search adjustment section, a plurality of controllable elements corresponding to the plurality of factors and the plurality of factor ranges; and scoring, by the computing device, a plurality of search results using the plurality o factor weights.
However, Setty discloses the user interface including both a search results section and a search adjustment section (See at least Fig. 6A), determining, by a computing device, a plurality of factor ranges corresponding to the plurality of factors (See at least paragraph [0041] disclosing dynamically determining popular price ranges for items); displaying, by the computing device, using the search adjustment section, a plurality of controllable elements corresponding to the plurality of factors and the plurality of factor ranges (See at least Fig. 6A); and scoring, by the computing device, a plurality of search results using the plurality of factor weights (See at least paragraph [0097] & [0108] disclosing determining confidence scores based on user activity, weights, preferences, etc. that can be used in ranking results).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Revelle with the scoring of results, as taught by Setty, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including enhanced search results with better refinement. See Setty paragraph [0002]-[0003].
However, neither Revelle nor Setty expressly provides for automatically displaying, by the computing device, using the search adjustment section, a modified plurality of controllable elements corresponding to the modified plurality of factors and the adjusted plurality of factor ranges; displaying search results for selection by the user via the user interface; wherein the first environment trigger condition of the second environment trigger condition includes a change in availability of an item; and wherein one or more of the plurality of search results are dynamically removed, by the computing device, form the plurality of search results based upon a condition for the one or more search results rendering unavailable the one or more search results wherein the environment trigger includes a geolocation trigger and the unavailability of the one or more search results includes the one or more search results being located at a location no longer accessible based on the geolocation trigger; and displaying an updated plurality of search results wherein the one or more search results being located at a location no longer accessible based on the geolocation trigger are removed from the display, the removal being triggered by the environment trigger condition.
Greenwald discloses automatically displaying, by the computing device, using the search adjustment section, a modified plurality of controllable elements corresponding to the modified plurality of factors and the adjusted plurality of factor ranges; displaying search results for selection by the user via the user interface; wherein the first environment trigger condition of the second environment trigger condition includes a change in availability of an item; and wherein one or more of the plurality of search results are dynamically removed, by the computing device, from the plurality of search results from a data structure without re-executing the scoring, based upon a condition for the one or more search results rendering unavailable the one or more search results wherein the environment trigger includes a geolocation trigger and the unavailability of the one or more search results includes the one or more search results being located at a location no longer accessible based on the geolocation trigger, wherein the dynamic removal and display of the updated plurality of search results occurs in reposen to an event-driven update generated by the environment trigger condition, thereby reducing processor utilization and user interface latency relative to re-ranking all search results; and displaying an updated plurality of search results wherein the one or more search results being located at a location no longer accessible bas don the geolocation trigger are removed from the display, the removal being triggered by the environment trigger condition. (See at least Abstract, paragraph [0015] disclosing datasets and no rescoring, [0024] & [0151] disclosing automatically changing time/location changes availability of “items”, [0025] disclosing as the location of the device or the desired location of the device changes, the venues and events around the updated location will also change, automatically detect the change in location of the device and update the venue and event dataset to include the venues within a pre-determined or defined region that currently surrounds the device, [0087] disclosing users can add and remove filters to manipulate and change information from dataset and the presentation of that information on the display, [0093] disclosing search results of venues change and update with location of device, [0110] disclosing options available for the area, [0118]-[0120] disclosing ability to select on search result for more information from user interface, [0138] disclosing based on conditions (e.g., tag being removed), interface may remove all venues and events that contain this tag, [0145] disclosing as location changes, information on map including what is available will change, [0158]-[0159] disclosing availability of events/venues changes based on change of time, location, etc. and disclosing the filter selections or options in the filter menu changes as the time window changes… filter menus are modified or changes to reflect what is available at a given time or time period as determined by the dataset based on the location, tag and time filters, [0168] disclosing as location is changes, the icons in filter panel will also change to reflect the available filter options, Fig. 31 and 32A-D).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Revelle/Setty with the modified controllable elements based, as taught by Greenwald, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including ability to provide up-to-date and real-time information regarding items that have been filtered based on time and location changes. See Greenwald paragraph [0002], [0005].
Regarding Claims 2 and 12, Revelle, Setty, and Greenwald teach or suggest all of the limitations of claims 1 and 11. Revelle does not expressly provide for wherein the plurality of environment trigger conditions includes an updated essential status for one of the plurality of factors, and wherein the method comprises removing a portion of the plurality of search results from the plurality of search results based on one factor of the plurality of factors corresponding to the updated essential status.
However, Setty discloses wherein the plurality of environment trigger conditions includes an updated essential status for one of the plurality of factors, and wherein the method comprises removing a portion of the plurality of search results from the plurality of search results based on one factor of the plurality of factors corresponding to the updated essential status (Setty: see at least paragraph [0110] & [0112] both disclosing making choosing to make a factor mandatory or optional).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Revelle with the mandatory/optional constraints, as taught by Setty, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including enhanced search results with better refinement. See Setty paragraph [0002]-[0003].
Regarding Claims 3 and 13, Revelle, Setty, and Greenwald teach or suggest all of the limitations of claims 1 and 11. Additionally, Revelle discloses adding, by the computing device, a new search result to the plurality of search results in response to a third environment trigger condition of the plurality of environment trigger conditions. (Revelle: see at least paragraph [0025], [0026], & [0031] disclosing updates/changes to search results based on various user interactions with search engine).
Regarding Claims 5 and 15, Revelle, Setty, and Greenwald teach or suggest all of the limitations of claims 1 and 11. However, Revelle does not disclose removing, by the computing device a first search result from the plurality of search results in response to evaluating a third environment trigger condition of the plurality of environment trigger conditions. However, Setty discloses removing, by the computing device a first search result from the plurality of search results in response to evaluating a third environment trigger condition of the plurality of environment trigger conditions. (See at least Setty paragraph [0081] & [0082] disclosing the removal/deletion of certain constraints/keywords to modify search query/results).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Revelle with the removal of a constraint, as taught by Setty, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including enhanced search results with better refinement. See Setty paragraph [0002]-[0003].
Regarding Claims 6 and 16, Revelle, Setty, and Greenwald teach or suggest all of the limitations of claims 5 and 15. However, Revelle does not disclose rescoring, by the computing device, the plurality of search results in response to evaluating a fourth environment trigger condition of the plurality of environment trigger conditions. However, Setty discloses rescoring, by the computing device, the plurality of search results in response to evaluating a fourth environment trigger condition of the plurality of environment trigger conditions (Setty: see at least paragraphs [0097] & [0108] disclosing determining scores based on various user activities and preferences, [0107] disclosing updates to user preferences or user activity data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Revelle with the scoring, as taught by Setty, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including having greater confidence in how well a search result will be for a particular user. See at least Setty paragraph [0104], [0109].
Regarding Claims 7 and 17, Revelle, Setty, and Greenwald teach or suggest all of the limitations of claims 1 and 11. Additionally, Revelle discloses wherein modifying the plurality of factors is either: adding, by the computing device, a new factor to the plurality of factors in response to one of the plurality of environment trigger conditions; or removing, by the computing device, a first factor from the plurality of factors in response to one of the plurality of environment trigger conditions (See Revelle: paragraph [0024]-[0025] & [0034] disclosing modifying factors by adding additional factors).
Regarding Claims 8 and 18, Revelle, Setty, and Greenwald teach or suggest all of the limitations of claims 1 and 11. Additionally, Revelle discloses wherein the user interface is configured to provide a vendor search result, and wherein the method comprises: updating, by the computing device, the plurality of factors in response to the plurality of environment trigger conditions; and updating, by the computing device, the vendor search result in response to the updated plurality of factors (See Revelle: paragraph [0024]-[0025] and [0034] disclosing inputting of factors, Fig. 10 disclosing Hotel’s listed – Examiner is interpreting hotel to be a vendor).
Regarding Claims 9 and 19, Revelle, Setty, and Greenwald teach or suggest all of the limitations of claims 1 and 11. Additionally, Revelle discloses wherein the user interface is configured to provide a vendor search result, and wherein the method comprises: updating, by the computing device, the plurality of factor ranges in response to the plurality of environment trigger conditions; and updating, by the computing device, the vendor search result in response to the updated plurality of factor ranges (See Revelle: paragraph [0024]-[0025] and [0034] disclosing inputting of factor ranges, Fig. 10 disclosing Hotel’s listed in search results – Examiner is interpreting the hotels to be types of vendors).
Claims 10 and 20 is/are rejected under 35 U.S.C. 103 as being obvious over Revelle (US 2017/0011038) in view of Setty et al. (US 2016/0125498), in further view of Greenwald et al. (US 2016/0259500), and further in view of Kellog et al. (US 2013/0211927).
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding Claims 10 and 20, Revelle, Setty, and Greenwald teach or suggest all of the limitations of claims 1 and 11. However, neither Revelle nor Setty nor Greenwald expressly provide for capturing, by the computing device, an image of a bar code corresponding to a supplemental search result, reranking, by the computing device the plurality of search results, wherein the plurality of environment trigger conditions includes a receipt of a new search result, and wherein the reranked plurality of search results includes a rank for the new search result.
Kellog discloses capturing, by the computing device, an image of a bar code corresponding to a supplemental search result, reranking, by the computing device, the plurality of search results, wherein the plurality of environment trigger conditions includes a receipt of a new search result, and wherein the reranked plurality of search results includes a rank for the new search result (See at least Figs 16-21 and paragraph [056] disclosing use of scanning a barcode to input data and using said input data to further search results, number scores, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Revelle/Setty/Greenwald with the bar code use, as taught by Kellog, since such a modification would have only united elements of the prior art, with no change in their respective functions, and the combination would have yielded predictable results including additional means for user to input data in fast manner as opposed to physically typing out further search information. See Kellog at least paragraph [0156].
Conclusion
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/B.E.B/Examiner, Art Unit 3688
/Jeffrey A. Smith/Supervisory Patent Examiner, Art Unit 3688