DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 10/20/2020. It is noted that applicant has filed a certified copy of the CN202011125044.9 application as required by 37 CFR 1.55, however, priority is not perfected until an English translation of said application is provided.
For the purpose of examination herein, the effective filing date regarding prior art consideration is October 20th, 2020.
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 1-7, 11-16 and 18-24 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Whether a Claim is to a Statutory Category
In the instant case, claims 1-7 and 24 recite method/ process claims, claims 11-16 recite server/ machine claims and claims 18-23 recite non-transitory computer-readable medium/ machine claims that are performing a series of functions. Therefore, these claims fall within the four statutory categories of invention of a process and a machine. Step 1 is satisfied.
Step2A – Prong 1: Does the Claim Recite a Judicial Exception
Claim 1 (and similarly claims 11 and 18) recites the following abstract concepts that are found to include an enumerated “abstract idea”:
A method for determining a quantity of an object, applied to a server, comprising:
receiving a request for calling a distribution service sent by a first device, wherein the request for calling the distribution service comprises distribution rule data and a business distribution identifier of a to-be-distributed object, and the first device is a device corresponding to an object distributing node, wherein the request for calling the distribution service is sent when the object distributing node has an object distribution requirement, and the object distribution requirement represents a requirement that the object distributing node distributes the to-be-distributed object to each downstream node in a supply chain system;
acquiring a target distribution rule corresponding to the business distribution identifier of the to-be-distributed object according to a stored correspondence between a business distribution identifier and a distribution rule;
determining a quantity of the to-be-distributed object distributed to each downstream node corresponding to the object distribution node according to the target distribution rule and the distribution rule data, and sending the quantity of the to-be-distributed object distributed to each downstream node to the first device.
[Emphasis added to show the bolded abstract idea being executed by unbolded additional elements that do not meaningfully limit the abstract idea]
This system claim is grouped within the "certain methods of organizing human activity” grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test because the claims involve a series of steps for following rules or instructions to determining a quantity of the to-be-distributed object distributed to each downstream node according to the target distribution rule and the distribution rule data which is a process that is encompassed by the abstract idea of managing personal behavior. See MPEP (2106.04)(a)(2)(II)(C) and Subject Matter Eligibility example 37. Accordingly, claim 1 (and similarly claims 11 and 18) recites an abstract idea.
Step2A – Prong 2: Does the Claim Recite Additional Elements that Integrate the Judicial Exception into a Practical Application
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test, the additional elements of the claims such as server and first device merely use a computer as a tool to perform an abstract idea and/or generally link the use of a judicial exception to a particular technological environment. Specifically, the server and first device perform the steps or functions of following rules or instructions to determining a quantity of the to-be-distributed object distributed to each downstream node according to the target distribution rule and the distribution rule data. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer (or technical elements disclosed at a high level of generality such as server and first device) performing functions of receiving, acquiring, determining and sending that correspond to acts required to carry out the abstract idea (MPEP 2106.05(f) and (h)). Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
Step2B: Does the Claim Amount to Significantly More
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test, the additional elements of server and first device being used to perform the steps of receiving, acquiring, determining and sending amounts to no more than using a computer or processor to automate and/or implement the abstract idea of managing personal behavior by following rules or instructions to determining a quantity of the to-be-distributed object distributed to each downstream node according to the target distribution rule and the distribution rule data. As discussed above, taking the claim elements separately, server and first device performs the steps or functions of managing personal behavior by following rules or instructions to determining a quantity of the to-be-distributed object distributed to each downstream node according to the target distribution rule and the distribution rule data. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of managing personal behavior by following rules or instructions to determining a quantity of the to-be-distributed object distributed to each downstream node according to the target distribution rule and the distribution rule data because said combination of elements remains disclosed at a high level of generality. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(l)(A)(f) & (h)). Therefore, the claims are not patent eligible.
Independent claim 11 describes the abstract idea of managing personal behavior by following rules or instructions to determining a quantity of the to-be-distributed object distributed to each downstream node according to the target distribution rule and the distribution rule data. Independent claim 11 does not include additional elements to perform the respective functions of receiving, acquiring, determining and sending beyond technical elements disclosed at a high level of generality, such as server, memory, processor and first device that integrate the abstract idea into a practical application or that provide significantly more than the abstract idea for the same reasons as noted above regarding claim 1. Therefore, independent claim 11 is also not patent eligible.
Independent claim 18 describes the abstract idea of managing personal behavior by following rules or instructions to determining a quantity of the to-be-distributed object distributed to each downstream node according to the target distribution rule and the distribution rule data. Independent claim 18 does not include additional elements to perform the respective functions of receiving, acquiring, determining and sending beyond technical elements disclosed at a high level of generality, such as non-transitory computer-readable storage medium, processor and first device that integrate the abstract idea into a practical application or that provide significantly more than the abstract idea for the same reasons as noted above regarding claim 1. Therefore, independent claim 18 is also not patent eligible.
Dependent claims 2-7, 12-17 and 19-24 further describe the abstract idea of managing personal behavior by following rules or instructions to determining a quantity of the to-be-distributed object distributed to each downstream node according to the target distribution rule and the distribution rule data. Said dependent claims merely show descriptive material or do not include additional elements to perform the respective functions of determining, pushing, selecting, acquiring, displaying, generating, storing, sending and distributing beyond the technical elements disclosed at a high level of generality as disclosed in independent claims 1, 11 and 18 that integrate the abstract idea into a practical application or that provide significantly more than the abstract idea. Therefore, said dependent claims are also not patent eligible. Further, the dependency of these claims on ineligible independent claims 1, 11 and 18 also renders said dependent claims as not patent eligible.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7, 11-16 and 18-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mork et al. (US 2020/0104786 A1).
Regarding Claims 1, 11 and 18, Mork teaches:
A method for determining a quantity of an object, applied to a server (See Mork ¶ [0031] – a server system communicating between components, including processors and memories and [0077] – an inventory of a given number of products is determined or adjusted based on rules or metrics), comprising/ A server, comprising: a memory and a processor;
the memory is a memory for storing processor executable instructions;
wherein the processor, when executing the processor executable instructions (See Mork ¶ [0031] – a server system communicating between components, including processors and memories and [0034-0035] – system memory comprising instructions for execution by a processor), is caused to/
A non-transitory computer-readable storage medium storing computer-executable instructions, wherein when a processor executes the computer- executable instructions, the processor (See Mork ¶ [0031] – a server system communicating between components, including processors and memories and [0034-0035] – system memory comprising instructions for execution by a processor) is caused to:
receiving a request for calling a distribution service sent by a first device (See Mork ¶ [0023] – a customer can use computing device and/or IoT device to interface with an online presence of an enterprise business (e.g., website) to transact with the business (e.g., purchase products, initiate returns, select fulfilment channels, and the like) [receiving a request for calling a distribution service sent by a first device by example]), wherein the request for calling the distribution service comprises distribution rule data and a business distribution identifier of a to-be-distributed object (See Mork ¶ [0047-0048] - inventory data for a specific sweater within a specific product line can be represented by an intersection of the inventory dimension and the specific sweater member (e.g., under the specific product line member of the product dimension) [business distribution identifier of a to-be-distributed object by example], [0072-0074] – user interfaces showing mixed channel transactions can include selective rule base adjustments …, such as when inventory data … is adjusted based on a return transaction from a direct to consumer channel sale), and the first device is a device corresponding to an object distributing node device (See Mork ¶ [0022-0024] – multiple devices being used, including a point of sales device for a storefront [object distributing node by example]) wherein the request for calling the distribution service is sent when the object distributing node has an object distribution requirement (See Mork ¶ [0102] - warehouse implements an ERP specialized computer system or a specialized supplier system that uses input from enterprise business system, such as an in-season plan generated by planning software, to determine an amount of and timing for product shipments to inventory system and/or enterprise locations [a call for distribution is sent when the object distributing node has an object distribution requirement by example]), and the object distribution requirement represents a requirement that the object distributing node distributes the to-be-distributed object to each downstream node in a supply chain system (See Mork ¶ [0102] – warehouse 880 [object distributing node] implements an ERP specialized computer system or a specialized supplier system that uses input from enterprise business system, such as an in-season plan generated by planning software, to determine an amount of and timing for product shipments to inventory system and/or enterprise locations 801-804 [downstream node by example] and as shown in Fig. 8);
acquiring a target distribution rule corresponding to the business distribution identifier of the to-be-distributed object according to a stored correspondence between a business distribution identifier and a distribution rule (See Mork ¶ [0047-0050] - inventory data for a specific sweater within a specific product line can be represented by an intersection of the inventory dimension and the specific sweater member (e.g., under the specific product line member of the product dimension) [business distribution identifier of a to-be-distributed object by example], wherein said intersections of inventory data are used for planning product levels [distribution rule by example] and [0078] - a user can set targets or a planner can create a plan that uses the metrics to calculate an impact (e.g., inventory, sales, and the like) on each channel based on the rules);
determining a quantity of the to-be-distributed object distributed to each downstream node corresponding to the object distributing node according to the target distribution rule and the distribution rule data (See Mork ¶ [0019] - based on certain adjustments to inventory levels, shipments can be executed between a warehouse and a store [a quantity of the to-be-distributed object distributed to each downstream node by example]. When the mixed channel adjustments are executed to enterprise inventory data [distribution rule data], the adjusted inventory may more accurately reflect real-world scenarios, and thus supply shipments can be executed in a manner that improves resource utilization, [0078] - a user can set targets or a planner can create a plan that uses the metrics to calculate an impact (e.g., inventory, sales, and the like) on each channel based on the rules [target distribution rule] and [0102] – warehouse 880 [object distributing node] implements an ERP specialized computer system or a specialized supplier system that uses input from enterprise business system, such as an in-season plan generated by planning software, to determine an amount of and timing for product shipments to inventory system and/or enterprise locations 801-804 [downstream node by example]), and sending the quantity of the to-be-distributed object distributed to each downstream node to the first device (See Mork ¶ [0019] - based on certain adjustments to inventory levels, shipments can be executed between a warehouse and a store [sending the quantity of the to-be-distributed object distributed to each downstream node] and [0021-0025] - a customer at storefront can transact with the enterprise business (e.g., purchase products, initiate returns, select fulfilment channels, and the like), for example by interacting with a customer service representative using point of sales device [sending the quantity… to the first device by example]).
Regarding Claim 2, 12 and 19, Mork teaches:
The method/ server/ non-transitory computer-readable storage medium according to claim 1, 11 and 18, wherein determining the quantity of the to-be-distributed object distributed to each downstream node according to the target distribution rule and the distribution rule data comprises (See claim 1 above):
determining a distribution rule of each downstream node according to the target distribution rule (See Mork ¶ [0078] - a user can set targets or a planner can create a plan that uses the metrics to calculate an impact (e.g., inventory, sales, and the like) on each channel based on the rules), and determining distribution rule data of each downstream node according to the distribution rule data (See Mork ¶ [0019] - based on certain adjustments to inventory levels, shipments can be executed between a warehouse and a store [determining distribution rule data of each downstream node by example]. When the mixed channel adjustments are executed to enterprise inventory data [distribution rule data], the adjusted inventory may more accurately reflect real-world scenarios, and thus supply shipments can be executed in a manner that improves resource utilization);
determining the quantity of the to-be-distributed object distributed to each downstream node according to the distribution rule of each downstream node, the distribution rule data of each downstream node (See Mork ¶ [0019] - based on certain adjustments to inventory levels, shipments can be executed between a warehouse and a store [a quantity of the to-be-distributed object distributed to each downstream node by example]. When the mixed channel adjustments are executed to enterprise inventory data [distribution rule data], the adjusted inventory may more accurately reflect real-world scenarios, and thus supply shipments can be executed in a manner that improves resource utilization and [0078] - a user can set targets or a planner can create a plan that uses the metrics to calculate an impact (e.g., inventory, sales, and the like) on each channel based on the rules [target distribution rule]) and a total quantity of the to-be-distributed object (See Mork ¶ [0054-0056] and the Aggregation Table therein - for a purchase using an in-store channel, traditional planning software may use the transaction to update sales data, inventory data, fulfilment data [a total quantity of the to-be-distributed object by example], and the like, wherein the measures of these data types include total values for spread or aggregate planning).
Regarding Claim 3, 13 and 20, Mork teaches:
The method/ server/ non-transitory computer-readable storage medium according to claim 1, 11 and 18, wherein the method further comprises:
pushing rule configuration information to the first device after receiving a request for configuring a distribution rule sent by the first device (See Mork ¶ [0044] – enterprise connectivity can provide a secure communication channel for communication with enterprise applications, and for the enterprise applications to push or pull messages from IoT cloud service. IoT device data and alerts that are sent to IoT cloud service can be analyzed by integrating an IoT application with one or more enterprise applications and [0059] - a user interface for configuring multi-dimensional data cross-sections over a plurality of channels ... For example, user interface can be configured to receive inputs of data to be propagated through cross-sections of the multi-dimensional data);
in response to an operation of a user selecting a distribution rule through a rule configuration page, acquiring a distribution rule selected by the user for the first device (See Mork ¶ [0075] – an interface [user for the first device by example] can be generated to receive metrics used to compensate for the multidimensional impact. … Using these metrics, rules can selectively perform intersection specific adjustments for specific intersections (e.g., data values) of the cross-section of selected dimensions/members), wherein the rule configuration page is displayed by the first device according to the rule configuration information (See Mork ¶ [0047] – selections can be received for cross-sections of the multi-dimensional data that involve the display of various combinations or intersections of data elements and [0059] - a user interface for configuring multi-dimensional data cross-sections over a plurality of channels ... For example, user interface can be configured to receive inputs of data to be propagated through cross-sections of the multi-dimensional data);
generating a corresponding business distribution identifier according to the distribution rule, and storing a correspondence between the business distribution identifier and the distribution rule (See Mork ¶ [0047-0050] - inventory data for a specific sweater within a specific product line can be represented by an intersection of the inventory dimension and the specific sweater member (e.g., under the specific product line member of the product dimension) [business distribution identifier of a to-be-distributed object by example], wherein said intersections of inventory data are used for planning product levels [distribution rule by example] and are stored in workbooks/ worksheets);
sending the business distribution identifier to the first device (See Mork ¶ [0044] – enterprise connectivity can provide a secure communication channel for communication with enterprise applications, and for the enterprise applications to push or pull messages from IoT cloud service. IoT device data and alerts that are sent to IoT cloud service can be analyzed by integrating an IoT application with one or more enterprise applications and [0047-0050] - inventory data for a specific sweater within a specific product line can be represented by an intersection of the inventory dimension and the specific sweater member (e.g., under the specific product line member of the product dimension) [business distribution identifier by example]).
Regarding Claim 4, 14 and 21, Mork teaches:
The method/ server/ non-transitory computer-readable storage medium according to claim 3, 13 and 20, wherein the distribution rule comprises a distribution rule of at least one object type;
wherein generating the corresponding business distribution identifier according to the distribution rule comprises:
generating a corresponding business distribution identifier according to the distribution rule of each object type (See Mork ¶ [0047-0050] - inventory data for a specific sweater [at least one object type] within a specific product line can be represented by an intersection of the inventory dimension and the specific sweater member (e.g., under the specific product line member of the product dimension) [business distribution identifier by example], wherein said intersections of inventory data are used for planning product levels [distribution rule by example]).
Regarding Claim 5, 15 and 22, Mork teaches:
The method/ server/ non-transitory computer-readable storage medium according to claim 3, 13 and 20, wherein the rule configuration information comprises a distribution rule option and an object distributing node option (See Mork ¶ [0059] - a user interface for configuring multi-dimensional data cross-sections over a plurality of channels ... For example, user interface can be configured to receive inputs of data to be propagated through cross-sections of the multi-dimensional data [configuration information] and [0073-0075] – mixed channel transactions can include selective rule base adjustments propagated through various dimensions, such as when inventory data for a cross-section involving an in-store channel dimension is adjusted based on a return transaction from a direct to consumer channel sale [distribution rule option and an object distributing node option by example]);
a distribution rule comprised in the distribution rule option is at least one of the following configuration rules:
distributing according to a proportion of a planned replenishment quantity of a downstream node (See Mork ¶ [0102] - Warehouse in one embodiment implements an ERP specialized computer system or a specialized supplier system that uses input from enterprise business system, such as an in-season plan generated by planning software, to determine an amount of and timing for product shipments to inventory system and/or enterprise locations [planned replenishment quantity of a downstream node by example]), distributing according to a number of historical purchases of the downstream node (See Mork ¶ [0072] - User interface illustrates an Inventory and Receipts worksheet that displays sales enterprise data and markdown enterprise data for the in-store (e.g., “Brick and Mortar”) channel [historical purchases of the downstream node by example]), distributing according to a purchase quantity within a historical time period of the downstream node (See Mork ¶ [0047-0050] - inventory data for a specific sweater within a specific product line can be represented by an intersection of the inventory dimension and the specific sweater member… men's sweater department; calendar levels and members such as half, month, and week for the Spring 2010 season [historical time period of the downstream node by example]), distributing according to an average sales quantity within the historical time period of the downstream node (See Mork ¶ [0053] - preseason planning can focus on creating an original plan against which to benchmark in-season progress. In a preseason process, a plan can be initialized by seeding enterprise data (e.g., from a previous year or based on a previous year with adjustments). This seeding can give users a curve of demand against which to spread their new plan [average sales quantity within the historical time period by example]), distributing according to an inventory quantity of the downstream node (See Mork ¶ [0102] - warehouse may receive shipments form enterprise locations, for instance to ensure the enterprise locations are not oversupplied and have sufficient product variety. [an inventory quantity of the downstream node by example]), and distributing according to a proportion of a predicted average sales quantity within a preset time of the downstream node (See Mork ¶ [0053] - preseason planning can focus on creating an original plan against which to benchmark in-season progress. In a preseason process, a plan can be initialized by seeding enterprise data (e.g., from a previous year or based on a previous year with adjustments). This seeding can give users a curve of demand against which to spread their new plan [a predicted average sales quantity within a preset time by example]).
Regarding Claim 6 and 16, Mork teaches:
The method/ server according to claim 5 and 15, wherein the rule configuration information further comprises a priority configuration option of the downstream node (See Mork ¶ [0053] – as noted above in claim 5 and [0099] - the rules based adjustment can be performed to a specific intersection of data at a first level in a hierarchy, such as when viewing the data from a monthly granularity [a priority configuration option by example]).
Regarding Claim 7 and 23, Mork teaches:
The method/ non-transitory computer-readable storage medium according to claim 1 and 18, wherein the target distribution rule comprises multiple configuration rules and a priority of the downstream node (See the multiple configured distribution rules addressed in claim 5 above and priority configuration addressed in claim 6 above);
wherein determining the quantity of the to-be-distributed object distributed to each downstream node according to the target distribution rule and the distribution rule data (See Mork ¶ [0019] - based on certain adjustments to inventory levels, shipments can be executed between a warehouse and a store [a quantity of the to-be-distributed object distributed to each downstream node by example]. When the mixed channel adjustments are executed to enterprise inventory data [distribution rule data], the adjusted inventory may more accurately reflect real-world scenarios, and thus supply shipments can be executed in a manner that improves resource utilization and [0078] - a user can set targets or a planner can create a plan that uses the metrics to calculate an impact (e.g., inventory, sales, and the like) on each channel based on the rules [target distribution rule]) comprises:
in a case that the quantity of the to-be-distributed object distributed to each downstream node cannot be determined according to the multiple configuration rules and the distribution rule data, determining the quantity of the to-be-distributed object distributed to each downstream node according to the priority of the downstream node and a total quantity of the to- be-distributed object (See Mork ¶ [0099-0102] - the selectively performed adjustments can be reflected at different levels of the hierarchical data using the spreading and aggregating functionalities [according to the priority of the downstream node by example]… a specialized supplier system that uses input from enterprise business system, such as an in-season plan generated by planning software, to determine an amount of and timing for product shipments to inventory system and/or enterprise locations. In some embodiments, for instance based on returns to enterprise locations, warehouse may receive shipments form enterprise locations, for instance to ensure the enterprise locations are not oversupplied and have sufficient product variety [determining the quantity of the to-be-distributed object distributed to each downstream node… and a total quantity of the to- be-distributed object by example]).
Claim Rejections - 35 USC § 103
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 24 is rejected under 35 U.S.C. 103 as being unpatentable over Mork et al. (US 2020/0104786 A1) in view of Field-Darragh et al. (US 2016/0042315 A1).
Regarding Claim 24, modified Mork teaches:
The method according to claim 1, wherein the business distribution identifier of the to-be-distributed object …, and the distribution rule data comprises data corresponding to the target distribution rule of each downstream node of the first device (See Mork ¶ [0047-0050] - inventory data for a specific sweater within a specific product line can be represented by an intersection of the inventory dimension and the specific sweater member (e.g., under the specific product line member of the product dimension) [business distribution identifier of a to-be-distributed object by example], wherein said intersections of inventory data are used for planning product levels [distribution rule by example] and [0102] – warehouse 880 [object distributing node] implements an ERP specialized computer system or a specialized supplier system that uses input from enterprise business system, such as an in-season plan generated by planning software, to determine an amount of and timing for product shipments to inventory system and/or enterprise locations 801-804 [downstream node by example] and as shown in Fig. 8).
While Mork teaches, by example, a supply chain management system that manages inventories of objects to-be-distributed with business distribution identifiers based on distribution rules for nodes that are downstream in a supply chain (Mork ¶ [0047-0050] and [0102]), Mork does not explicitly teach that said identifiers are coded character strings. This is taught by Field-Darragh (See Field-Darragh ¶ [0182] – A unique tag identifier (such as a string of alphanumeric characters) may be associated with each tag and hence with the item of merchandise to which a tag is affixed (by for example, scanning in the SKU or item identifier and linking it to the tag identifier in a database)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the object identifier inventory management system of Mork the use of character strings to identify said objects as taught by Field-Darragh to provide store operators, store employees, and customers with improved services and more efficient operations (Field-Darragh ¶ [0016]), thereby increasing the efficiency of Mork’s supply chain management system.
Response to Arguments
Applicant's arguments filed 11/06/2025 have been fully considered but they are not persuasive.
Rejection under 35 U.S.C. § 101:
The amendments to independent claims 1, 11 and 18 do not improve patent eligibility of the claimed invention of the instant application and the previous rejection under 35 U.S.C. § 101 in maintained.
Contrary to the applicant’s assertion that amended independent claims 1, 11 and 18 reflect a server, a downstream node, and an object distributing node constitute a dedicated technical environment for a supply chain system to execute the method for determining a quantity of an object to enable a practical technical improvement, said amendments leave the methods of said claims as executed by technical elements disclosed at a high level of generality such that said methods are not more than merely applying a computer to perform the functions required by said methods, which does not show integration into a practical application nor does it show significantly more than the abstract ideas discussed above in the current rejection under 35 U.S.C. § 101. Further, due to this high level of generality, said claims do not reflect a technological improvement to a technical problem, but rather only reflect improvement of the abstract idea. Any improvement of a claimed invention must be clearly reflected by said claims.
Dependent claims 2-7, 12-16 and 19-24 also remain rejected as described above in the current rejection under 35 U.S.C. § 101.
The specification of an instant application is not read into the claims during examination.
Rejection under 35 U.S.C. § 102:
The amendments to independent claims 1, 11 and 18 as they are currently limited do not overcome the prior art references of record and the previous rejection under 35 U.S.C. § 102 is maintained.
Contrary to the applicant’s assertion that Mork fails to disclose a business distribution identifier of a to-be-distributed object and further fails to disclose the correspondence between the business distribution identifier and the distribution rule, let alone the following determination of the quantity of the to-be-distributed object, as required by amended claim 1 (and similarly claims 11 and 18), Mork does in fact teach these features by example under the broadest reasonable interpretation of said claims in view of the specification of the instant application. The applicant’s assertion mischaracterizes the teachings of Mork by referring to ¶ [0062], [0065] and [0086], which are not cited to teach the claim limitations of independent claims 1, 11 and 18. While the applicant does refer to ¶ [0074] of Mork, which was cited, said reference is out of context and does not consider the teachings of Mork in its entirety. Moreover, the citations of Mork have been updated to demonstrate teaching of the independent claims as they are currently limited, namely ¶ [0102] and other sections as detailed above in the current rejection under 35 U.S.C. § 102. The applicant is generally reminded that prior art must be considered in its entirety (MPEP 2141.02 (VI)).
Dependent claims 2-7, 12-16 and 19-23 also remain rejected as described above in the current rejection under 35 U.S.C. § 102.
New dependent claim 24 is rejected as described above in the current rejection under 35 U.S.C. § 103.
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW S WERONSKI whose telephone number is (571)272-5802. The examiner can normally be reached M-F 8 am - 5 pm EST.
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/MATTHEW S WERONSKI/Examiner, Art Unit 3627
/PETER LUDWIG/Primary Examiner, Art Unit 3627