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 .
DETAILED ACTION
This communication is a Non-Final Office Action in response to communications received on 3/9/26.
Claims 2, 5-6 have been cancelled.
Claims 1, 7, 11 have been amended.
Therefore, Claims 1, 3-4, 7-17 are now pending and have been addressed below.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/9/26 has been entered.
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, 3-4, 7-17 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (an abstract idea) without significantly more.
Step 1: Identifying Statutory Categories
In the instant case, claims 1, 3-4, 7-10, 14, 16 are directed to a system, and claims 11-12, 15, 17 are directed to a method. Thus, the claims fall within one of the four statutory categories. Nevertheless, the claims fall within the judicial exception of an abstract idea.
Step 2A: Prong 1 Identifying a Judicial Exception
Under Step 2A, prong 1, Claims 1, 3-4, 7-17 are rejected under 35 U.S.C. 101 because the claimed invention recites an abstract idea without significantly more. Independent claims 1 and 11 recite methods that obtaining a supply chain in which a plurality of nodes, each corresponding to one of a plurality of companies, are connected together with links each representing a trading relationship that associates a supply source company of a product with a supply destination company of the product; extracting, from the supply chain network, a subnetwork including at least one of an upstream subnetwork including an upstream company supplying a first company with the product, or a downstream subnetwork including a downstream company supplied with the product from the first company, the first company, the upstream company, and the downstream company being » included in the plurality of companies; extracting a path group including one or more paths in the subnetwork, the one or more paths connecting a node representing the first company and a node representing a second company with one or more of the links, and the second company being different from the first company; and receive an operation input for redrawing the one or more paths, wherein the operation input is to add an additional node to the path group by connecting a node of a company, which is not included in the path group, to any one of the plurality of nodes included in the path group, using one of the links; and redraw, in accordance with the operation input, the path group including the additional node by: extracting one or more first candidate nodes to be possibly connected to the additional node with one link: extracting one or more second candidate nodes to be possibly connected to the one or more first candidate nodes with one link: repeatedly extracting nth candidate node until there is no further node possibly connected to (n-1)"" candidate node with one link: obtaining, for each of the first candidate nodes, one or more virtual local graphs including all candidate nodes comprising the one or more first nodes and the one or more second nodes, that are directly or indirectly connected to the corresponding additional node so as to associate all the candidate nodes in the supply chain network through any one of the one or more virtual local graphs: calculating an index indicating appearance likelihood of each of the virtual local graphs; determining a determined virtual local graph of the one or more virtual local graphs whose index is higher than a predetermined index: and displaying companies for the candidate nodes included in the determined virtual local graph and drawing the additional node and one link connecting the additional node and one of the candidate nodes to redraw the path group.
These limitations as drafted, are a process that, under its broadest reasonable interpretation, covers methods of organizing human activity (including commercial interactions such as business relations, managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) including interaction between person and computer), and mathematical calculations (calculating an index..) but for the recitation of generic computer components. That is, other than reciting the structural elements (such as a processor, supply chain network), the claims are directed to processing information related to supply chain network and redrawing path group. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation of organizing human activity and mathematical calculations but for the recitation of generic computer components, the claim recites an abstract idea.
Step 2A Prong 2 - This judicial exception is not integrated into a practical application because the claim merely describes how to generally “apply” the concept of obtaining data, analyzing it, and providing path group. In particular, the claims only recites the additional element – information processing system, a processor. The additional elements are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer component (see spec [0023]-[0024], Fig 1 #110-116). Simply implementing the abstract idea on generic components is not a practical application of the abstract idea. Accordingly, these additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. a) The additional elements merely add the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, as discussed in MPEP 2106.05(f).
The claims are directed to an abstract idea. When considered in combination, the claims do not amount to improvements to the functioning of a computer, or to any other technology or technical field, as discussed in MPEP 2106.05(a), applying the judicial exception with, or by use of, a particular machine, as discussed in MPEP 2106.05(b), effecting a transformation or reduction of a particular article to a different state or thing, as discussed in MPEP 2106.05(c), or applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception, as discussed in MPEP 2106.05(e). Accordingly, the additional elements do not integrate the abstract idea into a practical application because they does not impose any meaningful limits on practicing the abstract idea. Therefore, the claims are directed to an abstract idea.
Step 2B: Considering Additional Elements
As discussed above with respect to Step 2A Prong Two, the additional elements amount to no more than merely invoking generic components as a tool to perform the abstract idea or “apply it” (or an equivalent). The same analysis applies here in Step 2B, i.e., merely invoking the generic components as a tool to perform the abstract idea or “apply it” (See MPEP 2106.05(f)) does not integrate the abstract idea into a practical application at Step 2A or provide an inventive concept at Step 2B.
Therefore, the additional element of information processing system, comprising a processor, supply chain network, fail to integrate the abstract idea into a practical application at Step 2A or provide an inventive concept at Step 2B (see Spec [0023]0[0024], Fig 1 # 110-116). The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, even when viewed as a whole/ordered combination, nothing in the claims adds significantly more (i.e., an inventive concept) to the abstract idea. There is no indication that the combination of elements, taken both individually and as an ordered combination, improves the functioning of a computer or improves any other technology. Thus, the claims are not patent eligible. Lastly, the additional elements provides only a result-oriented solution which lacks details as to how the computer performs the claimed abstract idea. Therefore the additional elements amount to mere instructions to apply the exception. See MPEP 2106.05(f).
Dependent claims 3-4,7-10,12-17 add additional limitations, but these only serve to further limit the abstract idea, and hence are nonetheless directed towards fundamentally the same abstract idea as representative claim 1.
Claims 3-4, 12-13 recites wherein the operation input is to delete a specific node included in the path group, and the processor is configured to redraw a path group, in the subnetwork, including a path: connecting the node representing the first company and the node representing the second company with one or more of the links; and not passing through the specific node; each of the plurality of nodes is provided with an industrial classification of a corresponding one of the companies of the nodes, and the specific node is provided with a specific industrial classification input. The claims do not provide any new additional elements beyond abstract idea. Therefore, whether analyzed individually or as an ordered combination, they fail to integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Claim 7-8 recite a presentation processing unit configured to perform processing to present the path group redrawn by the redrawing unit, wherein the presentation processing unit present a link, connecting any one of the candidate nodes and the additional node, in a different manner from other links, the link and the other links being included in the links. The claims do not provide any new additional elements beyond abstract idea. Therefore, whether analyzed individually or as an ordered combination, they fail to integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Claims 9-10 recite the operation input is to calculate a substitute path for a target path connecting an upstream node and a downstream node included in the path group, and the redrawing unit redraws the path group by replacing the target path with the substitute path included in the one or more paths connecting the upstream node and the downstream node with one or more of the links in the subnetwork, the substitute path being different from the target path; wherein the redrawing unit determines, as the substitute path, a path included in the one or more paths connecting the upstream node and the downstream node with one or more of the links in the subnetwork, the path being similar to the target path. The claims do not provide any new additional elements beyond abstract idea. Therefore, whether analyzed individually or as an ordered combination, they fail to integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Claims 14-17 further narrow the abstract idea of claim 11 by defining data nodes associated with reputation information (claim 15); likelihood determined using a cosine similarity between vectors (Claims 16-17) which is also abstract idea of mathematical calculations. The claims do not provide any new additional elements beyond abstract idea. Therefore, whether analyzed individually or as an ordered combination, they fail to integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
These limitations merely adds the words apply it (or an equivalent) with the judicial exception , or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea as discussed in MPEP 2106.05(f). The receiving function is similar to a data gathering function. The generating function is a mental process or organizing human activity (and is also a generic computer function). The displaying/transmitting function is a generic computer function and is also considered as an insignificant post solution activity. The dependent claims do not integrate into a practical application. As such, the additional elements individually or in combination do not integrate the exception into a practical application, but rather, the recitation of any additional element amounts to merely reciting the words “apply it” (or equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (See MPEP 2106.05(f)). The dependent claims also do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of a computing system is merely being used to apply the abstract idea to a technological environment. These limitations do not include an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or meaningful limitations beyond generally linking the use of the abstract idea to a particular technological environment. See MPEP 2106.05d. Thus, the claims do not add significantly more to an abstract idea. The claims are ineligible. Therefore, since there are no limitations in the claim that transform the exception into a patent eligible application such that the claim amounts to significantly more than the exception itself, the claims are rejected under 35 USC 101 as being directed to non-statutory subject matter. See (Alice Corporation Pty. Ltd. v. CLS Bank International, et al.).
Examiner Note: Claims allowable over prior art
Regarding Claims 1 and 11, Bajaj et al. (US 2020/0126014A1) discloses the information processing system/method (Abstract supply chain management (SCM) system processing), comprising:
Bajaj discloses obtain a supply chain network in which a plurality of nodes ([0011] managing a supply chain that includes a plurality of supply chain nodes., [0056] nodes 104, 107 may be configured as assembly nodes, part nodes, supplier nodes, manufacturer nodes and/or any other suitable supply chain node. Each of these nodes may be configured to collect, store, and process relevant supply chain-related data and transmit the SCM data to primary node 101 via network 112.), each corresponding to one of a plurality of companies, are connected together with links each representing a trading relationship that associates a supply source company of a product with a supply destination company of the product ([0010] A SCM operating platform (supply chain network) is operatively coupled to SCM modules for collecting (obtaining unit), storing, distributing and processing SCM data to determine statistical opportunities and risk in a SCM hierarchy. ([0011] managing a supply chain that includes a plurality of supply chain nodes., [00134] node network is illustrated in FIG. 26, wherein primary (root) company node 1500 is connected in a tree node fashion with assembly nodes, part nodes, supplier nodes and manufacturer nodes. Each node of the supply chain in FIG. 26 may be considered as a separate level. These nodes may be configured such that different supply chains will contain different structures or networks.);
Bajaj discloses extract, from the supply chain network, a subnetwork including at least one of an upstream subnetwork including an upstream company supplying a first company with the product, or a downstream subnetwork including a downstream company supplied with the product from the first company ([0107] SCM platform reflect node-by-node SCM relationships and conditions, wherein each such node may be subjected to analytics. In one embodiment, a node tree (supply chain network) is provided to specify a SCM structure and end-to-end supply chains (subnetworks). In one embodiment, processed nodes are associated with data attributes such as metadata, and nodes are linked in the node tree with node connector indicia indicating a relationship or SCM status between nodes. The visualization may contain interactive and dynamic filtering capabilities to allow users to track upstream and/or downstream nodes from any node in the supply chain., [0143] Dynamic filtering may further be applied to display upstream and downstream nodes by selecting any single node in the supply chain. In the exemplary embodiment of FIG. 27 (16), a selection of supplier node 1600 may cause the system to automatically apply filtering to only display upstream and downstream nodes having dependency on selected node 1600), the upstream company and the downstream company being included in the plurality of companies ([0107] The visualization may contain interactive and dynamic filtering capabilities to allow users to track upstream and/or downstream nodes from any node in the supply chain., [0143] Dynamic filtering may further be applied to display upstream and downstream nodes by selecting any single node in the supply chain. In the exemplary embodiment of FIG. 27 (16), a selection of supplier node 1600 may cause the system to automatically apply filtering to only display upstream and downstream nodes having dependency on selected node 1600);
Bajaj discloses extract a path group including one or more paths in the subnetwork, the one or more paths connecting a node representing the first company and a node representing a second company with one or more of the links, and the second company being different from the first company ([0134] FIG. 26 (15), wherein primary (root) company node 1500 is connected in a tree node fashion with assembly nodes, part nodes, supplier nodes and manufacturer nodes [0143] Dynamic filtering (extracting unit) may further be applied to display upstream and downstream nodes by selecting any single node in the supply chain. FIG. 27 (16), a selection of supplier node 1600 may cause the system to automatically apply filtering to only display upstream and downstream nodes having dependency on selected node 1600, Fig 28 selection of assembly node 1700 (path group) may cause the system to highlight upstream and downstream supply chain nodes. [0140] manufacturers may be linked (e.g., via tags) to suppliers via approved manufacturers lists. Parts may similarly be linked to assemblies via bill of materials (product structures. ); and
Bajaj discloses receive an operation input for redrawing the one or more paths ([[0103] The user may configure the system to enable or suggest other manufacturers as suppliers which will lower the risk attribute score by diversifying the supply base. [0109] visibility into the entire supply chain, including all companies, all resellers, all parts, and so on; analytics capable of analyzing big data in order to assess and balance speed, cost, risk, likelihood of failure, recommended replacements and modifications (redraw path group) [0142] a component part containing a large amount of excess inventory would be highlighted as a red node indicating it is an area of concern meriting a corrective action. A supplier determined to be a candidate to be moved into a supply chain postponement model (e.g., Supplier Managed Inventory Program) may be highlighted as a green node, since the representative node is indicative of an improvement opportunity., [0124] the analytics engine, may perform simulations (redrawing unit), such as those provided to a comparator within the analytics engine, that may simulate the outcome of recommended modifications to the supply chain as compared to an unmodified supply chain (as may be input by the user). Such simulated effects on a supply chain may be provided to the user as a snapshot of a one-time modification, or may be supplied to the user over a given horizon, such as the effect of a recommended modification to the supply chain over a six-month horizon., [0066] Network optimization module 303 processes SCM data to determine which nodes and links meet or exceed predetermined risk thresholds and determines new nodes and/or links that may be added, deleted and/or substituted to establish more efficient network optimization.). wherein the operation input ([0122] input of user’s objective, [0124] analytics engine, that may simulate the outcome of recommended modifications to the supply chain as compared to an unmodified supply chain (as may be input by the user), [0124] the analytics engine, may perform simulations (redrawing unit), such as those provided to a comparator within the analytics engine, that may simulate the outcome of recommended modifications to the supply chain as compared to an unmodified supply chain (as may be input by the user). Such simulated effects on a supply chain may be provided to the user as a snapshot of a one-time modification, or may be supplied to the user over a given horizon, such as the effect of a recommended modification to the supply chain over a six-month horizon).
Bajaj discloses calculates an index of graph in the supply chain network ([0080] optimal values or actions may be generated based on predetermined logic. For example, a MOQ may be determined to be 10,000 units, while an optimal MOQ quantity is calculated to be 6,000 units. Calculating an area of improvement based on predefined logic, the reduction of current MOQ may be calculated to be 4,000 units (10,000-6,000). Data values calculated for improvement may be determined according to predefined logic, wherein for the exemplary MOQ improvement of 4,000 units, a unit value multiplier of $1 would yield an improvement “opportunity” value (index) of $4,000, [0066] Network optimization module 303 processes SCM data to determine which nodes and links meet or exceed predetermined risk thresholds and determines new nodes and/or links that may be added, deleted and/or substituted to establish more efficient network optimization);
However, Bajaj does not teach wherein the operation input is to add an additional node to the path group by connecting a node of a company, which is not included in the path group, to any one of the plurality of nodes included in the path group, using one of the links, and redraw in accordance with the operation input, the path group including the additional node by: extracting one or more candidate nodes to be possibly connected to the additional node with one of the links;
Ouyang et al. (US 2022/0318710 A1) teaches wherein the operation input is to add an additional node to the path group by connecting a node of a company, which is not included in the path group, to any one of the plurality of nodes included in the path group using one of the links (Fig 7 # 750 generate one or more revised solutions, [0082] generate revised path solutions for a general network by adding one or more loops to the generated linear path solutions by recursively adding one or more path fragments to the generated linear path solutions for a general network. ), and the redrawing unit redraws the path group including the additional node by: extracting candidate nodes to be possibly connected to the additional node with one of the links; and connecting the additional node to any one of the candidate nodes with the one link ([0082] generate revised path solutions (redraws the path group) for a general network by adding one or more loops to the generated linear path solutions by recursively adding one or more path fragments (additional node) to the generated linear path solutions for a general network. The computing system may identify one or more return lane path fragments in the supply chain network (e.g. a path fragment that moves from a downstream site to an upstream site, or a path fragment that moves between two sites on the same level). The computing system may determine that one or more linear path solutions contain both sites that are connected by one or more return path fragments)
Hoffmann (US 10089595 B2), discloses an event query to an item supply chain event database is processed such that a trace extraction algorithm will be executed to determine extracted trace data. A plurality of location nodes may then be graphically represented on an interactive user display based on the extracted trace data.
O’Brien et al. (US 20200005224 A1), which relates to supply chain mesh 200 that may represent one or more entities, relationships between entities, or the like as described herein. The supply mesh 200 may represent data associated with these entities, relationships, or the like. In some embodiments, a supply mesh 200 may include a graph, and a value link may include a node (or vertex) of the graph, and a transition may include an edge of the graph. In some embodiments, the supply mesh 200 may include one or more value links 202(1)-(10). ([0051], [0064]-[0065] the method 300 may include forming a business path. The business path may include the first value link and the second value link. As used herein, the term “business path” means a subsection of the supply mesh. A business path may include two or more value links and at least one transition connecting two of the value links in the business path)
Rakshit (US 2022/0083976) discloses determining a supply chain routing for a component order based, at least in part, on the identification of the predicted change in capacity for the supplier system.
Leidner et al. (US 20170039500 A1), which relates to supply chain diagram generation based on query [0131] The set of triples returned using the instantiated query q′ can be used to construct a supply chain graph by turning each triple into two graph nodes, in this example for SupplyingEntity and SuppliedEntity respectively, which are connected using a vertex labeled with CommodityType. In the present example nodes are created for “Marathon Oil Corporation” (SupplyingEntity) and “BP” (SuppliedEntity) with an arc (directed line) connecting the nodes labeled “oil” (CommodityType). [0136] With reference to FIG. 31, the present invention provides a Supply Chain Graph System (“SCGS”) 3100 that accesses information, collectively referred to at 3110 as global supply chain information, news/media and other content database(s). SCGS 3100 is adapted to automatically collect and process internal and external sources of information (3112, 3114) relevant in collecting supply chain graph information to be used to generate supply chain graphs.
CN112184112A discusses a supply chain data management method and supply chain management system, the method comprising: receiving at least one purchase requirement information issued by at least one united body member, each of the purchase requirement information comprises a motor material type needed by a united body member; according to the information of the same target material in at least one purchase requirement information, generating combined purchase information, the combined purchase information comprises the demand and delivery time of the target material; issuing the joint purchase information to the appointed supplier
NPL Chen, “Strategic supply network for supplier selection”, 2009 discusses Based on changing market conditions and pressure to different companies, the companies need to find strategic cooperative supplier network with the help of value networks to increase more competencies and advantages. The selection of strategic supply network, satisfying different evaluation criteria and business model This selection process and algorithm among strategic supply network combine the thoughts of business strategy with the purpose of optimization, such as data mining technology. The final supplier obtained coming from the strategic supply network yielded by the direct strategic supplier. By using strategic supply network, organization can select the most suitable suppliers.
However, prior art, taken alone or in combination neither anticipated not renders obvious at least the following limitations of independent claims 1 and 11 including “extracting one or more second candidate nodes to be possibly connected to the one or more first candidate nodes with one link; repeatedly extracting nth candidate node until there is no further node possibly connected to (n-1)th candidate node with one link; obtaining, for each of the first candidate nodes, one or more virtual local graphs including all candidate nodes comprising the one or more first nodes and the one or more second nodes, that are directly or indirectly connected to the corresponding additional node so as to associate all the candidate nodes in the supply chain network through any one of the one or more virtual local graphs; calculating an index indicating appearance likelihood of each of the virtual local graphs; determining a determined virtual local graph of the one or more virtual local graphs whose index is higher than a predetermined index; and inserting the candidate nodes included in the determined virtual local graph into the path group.” Dependent claims 3-4, 7-10, 12-17 are not taught by prior art due to their dependence from claims 1 & 11.
Response to Arguments
Applicant's arguments filed 3/9/26 have been fully considered but they are not persuasive.
Regarding 101 rejection, new limitations have been considered above. Applicant on pages 2-4 states that claims do not recite an abstract idea and integrate abstract idea into a practical application by reciting specific computer functionality that improved the way computers handle large-scale network data. Examiner has considered all arguments and respectfully disagrees. The judicial exception is not integrated into a practical application because the claim merely describes how to generally “apply” the concept of obtaining data, analyzing it, and providing path group. In particular, the claims only recites the additional element – information processing system, a supply chain network obtaining unit, a subnetwork extracting unit, a path extracting unit, a redrawing unit. The additional elements are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer component (see spec [0023]-[0024], Fig 1 #110-116). Simply implementing the abstract idea on generic components is not a practical application of the abstract idea. Accordingly, these additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. There is no indication that the combination of elements, taken both individually and as an ordered combination, improves the functioning of a computer or improves any other technology. Thus, the claims are not patent eligible. Lastly, the additional elements provides only a result-oriented solution which lacks details as to how the computer improves handling of large network data.
Applicant states claims are similar to example 40. Examiner has considered all arguments are respectfully disagrees. In example 40, the method limits collection of additional Netflow protocol data to when the initially collected data reflects an abnormal condition, which avoids excess traffic volume on the network and hindrance of network performance. The collected data can then be used to analyze the cause of the abnormal condition. This provides a specific improvement over prior systems, resulting in improved network monitoring. However, instant claims are not directed to detecting abnormal conditions within network performance, instead claims recite information processing system and do not recite any improvement or how the improvement is achieved. Regarding example 23, claim 4 remarks, examiner notes claim 4 of example 23 was directed to GUI for relocating obscured text that lead to practical application. However, instant claims recite abstract idea that is not integrated into practical application as claims do not provide GUI improvement.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Carstens et al. (US 11,392,875 B2) discloses system for identifying supply chain risks and generating supply chain graphs representing an interconnected network of entities. An industrial graph database application is configured to account for direct and indirect (transitive) supplier risk and importance, based on a weighted set of measures.
CN104951982 discloses a risk avoidance system, comprising: a risk quantification unit, risk analysis unit and auxiliary decision unit. First, said risk quantization unit after a disaster occurs, a quantized data, and disaster upstream business attribute of quantized data to obtain risk data based on disaster information
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/SANGEETA BAHL/Primary Examiner, Art Unit 3626