DETAILED ACTION
This action is in reply to the Amendments filed on 01/14/2026.
Claims 16-20 are withdrawn.
Claims 1-15 are currently rejected and have been examined.
Claims 1-20 are currently pending.
Response to Amendment
Applicant’s amendment, filed 01/14/2026, has been entered. Claims 1, 6, 8, and 13 have been amended.
Drawing Objections
The drawing objections regarding Figs. 3A, 3B, 3C, 3D, 3E, 3F, 3G, and 3H from the prior Office Action have been withdrawn pursuant Applicant’s submission of new drawing pages. The drawing objections regarding reference characters 605a, 605b, 615b, and 675 have been maintained as they still are in the drawings but are not mentioned in the description.
Claim Objections
The claim objections from the prior Office Action have been withdrawn pursuant Applicant’s amendments.
Priority
The current Application claims priority from Provisional Application No. 63/336,125 filed 04/28/2022. Therefore, the instant claims receive the effective filing date of 04/28/2022.
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: 605a, 605b, 615b, and 675. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference characters in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Under Step 1 of the Subject Matter Eligibility Test for Products and Processes, the claims must be directed to one of the four statutory categories (see MPEP 2106.03). All the claims are directed to one of the four statutory categories (YES).
Under Step 2A of the Subject Matter Eligibility Test, it is determined whether the claims are directed to a judicially recognized exception (see MPEP 2106.04). Step 2A is a two-prong inquiry.
Under Prong 1, it is determined whether the claim recites a judicial exception (YES). Taking Claim 1 as representative, the claim recites limitations that fall within the certain methods of organizing human activity groupings of abstract ideas, including:
-in response to an order being initiated by the user and in response to receiving a first user selection of at least one option to purchase at least one network service and a second user selection of at least one option to preconfigure [set up] the at least one network service, autonomously processing, using the computing system, the order for the at least one network service to be provisioned to the user based at least in part on the first user selection and the second user selection, the first and second user selections being made using a user experience ("UX") platform for a digital marketplace, the UX platform being accessible by the user via a user device over one or more networks;
-based on a determination that the user already has a customer premises equipment ("CPE") installed and operational at a customer premises associated with the user or with an entity with which the user is associated, autonomously provisioning, using the computing system, the at least one network service on the CPE based on the first user selection, and autonomously preconfiguring [setting up], using the computing system, the provisioned at least one network service based on the second user selection;
-based on a determination that the user does not currently have a CPE installed and operational at the customer premises and based on a determination that a CPE has already been shipped to the customer premises, sending, using the computing system, a set of instructions for the user to install the CPE at the customer premises, and in response to determining that the CPE has been successfully installed at the customer premises, autonomously provisioning, using the computing system, the at least one network service on the CPE based on the first user selection, and autonomously preconfiguring [setting up], using the computing system, the provisioned at least one network service based on the second user selection;
-based on a determination that the user does not currently have a CPE installed and operational at the customer premises and based on a determination that a CPE has not already been shipped to the customer premises, assigning, using the computing system, a CPE to at least one of the entity, the user, or the customer premises, provisioning, using the computing system, the at least one network service on the assigned CPE based on the first user selection, preconfiguring [setting up], using the computing system, the provisioned at least one network service based on the second user selection, and shipping the assigned CPE to the customer premises with instructions for installing the assigned CPE; and
-implementing, using the computing system, one or more post-configuration settings for the at least one network service via the CPE
The above limitations recite the concept of providing a user with a purchased service. The above limitations fall within the “Certain Methods of Organizing Human Activity” groupings of abstract ideas, enumerated in MPEP 2106.04(a).
Certain methods of organizing human activity include:
fundamental economic principles or practices (including hedging, insurance, and mitigating risk)
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; and business relations)
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
The limitations of in response to an order being initiated by the user and in response to receiving a first user selection of at least one option to purchase at least one network service and a second user selection of at least one option to preconfigure [set up] the at least one network service, autonomously processing, using the computing system, the order for the at least one network service to be provisioned to the user based at least in part on the first user selection and the second user selection, the first and second user selections being made using a user experience ("UX") platform for a digital marketplace, the UX platform being accessible by the user via a user device over one or more networks; based on a determination that the user already has a customer premises equipment ("CPE") installed and operational at a customer premises associated with the user or with an entity with which the user is associated, autonomously provisioning, using the computing system, the at least one network service on the CPE based on the first user selection, and autonomously preconfiguring [setting up], using the computing system, the provisioned at least one network service based on the second user selection; based on a determination that the user does not currently have a CPE installed and operational at the customer premises and based on a determination that a CPE has already been shipped to the customer premises, sending, using the computing system, a set of instructions for the user to install the CPE at the customer premises, and in response to determining that the CPE has been successfully installed at the customer premises, autonomously provisioning, using the computing system, the at least one network service on the CPE based on the first user selection, and autonomously preconfiguring [setting up], using the computing system, the provisioned at least one network service based on the second user selection; and based on a determination that the user does not currently have a CPE installed and operational at the customer premises and based on a determination that a CPE has not already been shipped to the customer premises, assigning, using the computing system, a CPE to at least one of the entity, the user, or the customer premises, provisioning, using the computing system, the at least one network service on the assigned CPE based on the first user selection, preconfiguring [setting up], using the computing system, the provisioned at least one network service based on the second user selection, and shipping the assigned CPE to the customer premises with instructions for installing the assigned CPE; and implementing, using the computing system, one or more post-configuration settings for the at least one network service via the CPE are processes that, under their broadest reasonable interpretation, cover a commercial interaction. For example, That is, other than reciting that the at least one service is an at least one network service, that the at least one option is an at least one option to preconfigure, that the processing is autonomously, that the processing is using the computing system, that the selections are made using a user experience ("UX") platform, that the marketplace is a digital marketplace, that the UX platform is accessible via a user device over one or more networks, the setting up is autonomously preconfiguring using the computing system, that the sending is using the computing system, that the provisioning is autonomously, that the provisioning is using the computing system, that the assigning is using the computing system, that the implementing is using the computing system, and that the one or more settings are one or more post-configuration settings, nothing in the claim element precludes the step from practically being performed by people. For example, but for the “at least one network service,” “preconfigure,” “autonomously,” “the computing system,” “a user experience ("UX") platform,” “a digital marketplace,” “a user device,” “one or more networks,” “preconfiguring,” and “post-configuration” language, “receiving,” “processing,” “provisioning,” “sending,” “provisioning,” “assigning,” and “implementing” in the context of this claim encompasses advertising, and marketing or sales activities.
Under Prong 2, it is determined whether the claim recites additional elements that integrate the exception into a practical application of the exception. This judicial exception is not integrated into a practical application (NO).
-in response to an order being initiated by the user and in response to receiving a first user selection of at least one option to purchase at least one network service and a second user selection of at least one option to preconfigure the at least one network service, autonomously processing, using the computing system, the order for the at least one network service to be provisioned to the user based at least in part on the first user selection and the second user selection, the first and second user selections being made using a user experience ("UX") platform for a digital marketplace, the UX platform being accessible by the user via a user device over one or more networks;
-based on a determination that the user already has a customer premises equipment ("CPE") installed and operational at a customer premises associated with the user or with an entity with which the user is associated, autonomously provisioning, using the computing system, the at least one network service on the CPE based on the first user selection, and autonomously preconfiguring, using the computing system, the provisioned at least one network service based on the second user selection;
-based on a determination that the user does not currently have a CPE installed and operational at the customer premises and based on a determination that a CPE has already been shipped to the customer premises, sending, using the computing system, a set of instructions for the user to install the CPE at the customer premises, and in response to determining that the CPE has been successfully installed at the customer premises, autonomously provisioning, using the computing system, the at least one network service on the CPE based on the first user selection, and autonomously preconfiguring, using the computing system, the provisioned at least one network service based on the second user selection;
-based on a determination that the user does not currently have a CPE installed and operational at the customer premises and based on a determination that a CPE has not already been shipped to the customer premises, assigning, using the computing system, a CPE to at least one of the entity, the user, or the customer premises, provisioning, using the computing system, the at least one network service on the assigned CPE based on the first user selection, preconfiguring, using the computing system, the provisioned at least one network service based on the second user selection, and shipping the assigned CPE to the customer premises with instructions for installing the assigned CPE; and
-implementing, using the computing system, one or more post-configuration settings for the at least one network service via the CPE
These limitations are not indicative of integration into a practical application because:
The additional elements of claim 1 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea) as supported by paragraph [0068] of Applicant’s specification – “The hardware elements may include one or more processors 510, including, without limitation, one or more general-purpose processors and/or one or more special-purpose processors (such as microprocessors, digital signal processing chips, graphics acceleration processors, and/or the like).” Specifically, the additional elements of at least one network service, at least one option to preconfigure, autonomously processing, the computing system, a user experience ("UX") platform, a digital marketplace, a user device, one or more networks, autonomously provisioning, autonomously preconfiguring, and preconfiguring, one or more post-configuration settings are recited at a high-level of generality (i.e. as a generic processor performing the generic computer functions of receiving data, processing data, provisioning data, sending data assigning data, and implementing data) such that they amount do no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. Further, the additional elements do no more than generally link the use of the judicial exception to a particular technological environment or field of use (such as computers or computing networks). Employing well-known computer functions to execute an abstract idea, even when limiting the use of the idea to one particular environment, does not integrate the exception into a practical application.
Additionally, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to i) reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, ii) apply the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, iii) effect a transformation or reduction of a particular article to a different state or thing, or iv) apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, the judicial exception is not integrated into a practical application.
Under Step 2B, it is determined whether the claims recite additional elements that amount to significantly more than the judicial exception. The claims of the present application do not include additional elements that are sufficient to amount to significantly more than the judicial exception (NO).
In the case of claim 1, taken individually or as a whole, the additional elements of claim 9 do not provide an inventive concept. As discussed above under step 2A (prong 2) with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed functions amount to no more than a general link to a technological environment.
Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually.
Claim 13 is a method reciting similar functions as claim 1. Examiner notes that claim 13 recites the additional elements of a computing system, at least one first processor, a first non-transitory computer readable medium, the first non-transitory computer readable medium having stored thereon computer software comprising a first set of instructions, at least one network service, at least one option to preconfigure, autonomously processing, the computing system, a user experience ("UX") platform, a digital marketplace, a user device, one or more networks, autonomously provisioning, autonomously preconfiguring, preconfiguring, and one or more post-configuration settings, however, claim 13 does not qualify as eligible subject matter for similar reasons as claim 1 indicated above.
Therefore, claims 1 and 13 do not provide an inventive concept and do not qualify as eligible subject matter.
Dependent claims 2-12 and 14-15, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. § 101 because they do not add “significantly more” to the abstract idea. More specifically, dependent claims 2-12 and 14-15 further fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas in that they recite commercial interactions. Dependent claim 4 does not recite any farther additional elements, and as such are not indicative of integration into a practical application for at least similar reasons discussed above. Dependent claims 2-3, 5-12, and 14-15 recite the additional elements of a web-based digital marketplace computing system, a portal-based digital marketplace computing system, a software application ("app") -based digital marketplace computing system, a server computer, a customer interface server, a network service reservation and ordering platform server, a gateway controller, a network provisioning server, a cloud computing system, a distributed computing system, the plurality of network services, a plurality of network service apps, one or more Internet services, one or more wide area network ("WAN") services, one or more software-defined WAN ("SDWAN") services, one or more network security services, one or more telephony services, one or more voice over Internet Protocol ("VoIP) services, other network services, autonomously provisioning, the at least one network service, autonomously deploying, a network edge platform, the computing system, one or more network service updates, the one or more post-configuration settings, at least one network service app, one or more post-configuration settings, network service app configuration settings, network service app performance, network service app analytics and insights, a user experience ("UX") platform, a digital marketplace, a user device, one or more networks, one or more network services, a plurality of network services, one or more options to preconfigure any purchased network services, and any other network services, but similar to the analysis under prong two of Step 2A these additional elements are used as a tool to perform the abstract idea. As such, under prong two of Step 2A, claims 2-12 and 14-15 are not indicative of integration into a practical application for at least similar reasons as discussed above. Thus, dependent claims 2-12 and 14-15 are “directed to” an abstract idea. Next, under Step 2B, similar to the analysis of claims 1 and 13, dependent claims 2-12 and 14-15 when analyzed individually and as an ordered combination, merely further define the commonplace business method (i.e. providing a user with a purchased service) being applied on a general-purpose computer and, therefore, do not amount to significantly more than the abstract idea itself. Accordingly, the Examiner concludes that there are no meaningful limitations in the claims that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself. The analysis above applies to all statutory categories of invention.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 6-9, and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Gundersen et al. (US 2019/0058656 A1), hereinafter Gundersen, in view of Fan et al. (US 2012/0150632 A1) hereinafter Fan.
Regarding claim 1, Gundersen a method, comprising:
-in response to an order being initiated by the user and in response to receiving a first user selection of at least one option to purchase at least one network service and a second user selection of at least one option to preconfigure the at least one network service, autonomously processing, using the computing system, the order for the at least one network service to be provisioned to the user based at least in part on the first user selection and the second user selection, the first and second user selections being made using a user experience ("UX") platform for a digital marketplace, the UX platform being accessible by the user via a user device over one or more networks (Gundersen, see at least: “The process of ordering a new service [i.e. in response to an order being initiated by the user] is further illustrated in FIGS. 4A-C, which depict an example interface of a self-service portal, such as the self-service portal 202 of FIG. 2, and, more specifically, portions of the self-service portal 202 through which a user may configure and order a new service. Referring first to FIG. 4A, a user may select a site and desired service [i.e. in response to receiving a first user selection of at least one option to purchase at least one network service] using the self-service portal 202 and, in response, an initial network representation for providing the network service may be displayed to the user” [0044] and “During the design process, the user may provide additional details or specifications for the network service of interest [i.e. and a second user selection of at least one option to preconfigure the at least one network service]” [0046] and “FIG. 4C illustrates a more comprehensive price breakdown of the design of FIG. 4B including pricing information for each component of the design. After reviewing a quote, such as that illustrated in FIG. 4C, the user may subsequently submit an order for the corresponding service, which is then processed [i.e. autonomously processing, using the computing system, the order for the at least one network service to be provisioned to the user based at least in part on the first user selection and the second user selection] as previously described” [0047] and “In response to a user accepting a quote, the self-service portal 202 may submit an order for the designed service using functions of a site order API 220 [i.e. the first and second user selections being made using a user experience ("UX") platform for a digital marketplace]” [0040] and “The service provider network 104 [i.e. using the computing system] may include one or more computing systems and data sources adapted to facilitate ordering and management of network services by a user or customer associated with the customer network 106” [0025] and “To facilitate accessibility, the self-service portal 118 may be accessible over the primary network 102 or similar network through a web-based interface executed on one or more computing devices 134-138 which may include, without limitation, tablets, smart phones, desktop computers, laptops, and other similar computing devices [i.e. the UX platform being accessible by the user via a user device over one or more networks]” [0027]);
-based on a determination that the user already has a customer premises equipment ("CPE") installed and operational at a customer premises associated with the user or with an entity with which the user is associated, autonomously provisioning, using the computing system, the at least one network service on the CPE based on the first user selection, and autonomously preconfiguring, using the computing system, the provisioned at least one network service based on the second user selection (Gundersen, see at least: “the self-service portal 202 may also include a site configure API 222 that provides functions directed to generating equipment configurations for services ordered through the self-service portal 202. For example, after finalizing an order, functions of the site configure API 222 may be used to generate a final specification for the order. Generating the final specification may include generating customer network data including specific address and port assignments for the equipment used to provide the network service. Such equipment may include one or both of new equipment to be provided to the customer and existing customer equipment [i.e. based on a determination that the user already has a customer premises equipment ("CPE") installed and operational at a customer premises associated with the user or with an entity with which the user is associated]” [0041] and “installation of new equipment through zero-touch provisioning (or ZTP) requires only that the equipment be physically connected to a telecommunications network, such as the primary network 102, in accordance with the customer network data generated during ordering of the service. After connection [i.e. based on a determination that the user already has a customer premises equipment ("CPE") installed and operational at a customer premises associated with the user or with an entity with which the user is associated], additional configuration of the equipment, including, without limitation, updating an operating system of the equipment [i.e. autonomously provisioning, using the computing system, the at least one network service on the CPE based on the first user selection], deploying a patch or bug fix to the equipment, and specific configuration of device parameters [i.e. autonomously preconfiguring, using the computing system, the provisioned at least one network service based on the second user selection], may occur without further intervention” [0048] and “In addition to the stored information, the service provider computing system 110 may receive additional information from a user through the self-service portal 118 during the order entry process. Such information may include, without limitation, a geographic location or address where the new service is to be provided [i.e. at a customer premises associated with the user or with an entity with which the user is associated], information regarding existing services of the customer, and customer preferences regarding the new service” [0029]);
-based on a determination that the user does not currently have a CPE installed and operational at the customer premises and based on a determination that a CPE has already been shipped to the customer premises, sending, using the computing system, a set of instructions for the user to install the CPE at the customer premises (Gundersen, see at least: “After delivery of the new equipment, the user may send a notification to the computing system through the customer portal [i.e. based on a determination that a CPE has already been shipped to the customer premises] to initiate the installation process [i.e. based on a determination that the user does not currently have a CPE installed and operational at the customer premises]. Generally, the installation process includes providing instructions to the user in the form of an installation wizard. The installation wizard guides the user through physical connection of the new equipment to a telecommunications network over which the new service is to be provided [i.e. sending, using the computing system, a set of instructions for the user to install the CPE at the customer premises]. Once physically connected, the computing system provisions a network service path by configuring one or more network elements of the telecommunications network through which the service is to be provided” [0021]), and
-in response to determining that the CPE has been successfully installed at the customer premises, autonomously provisioning, using the computing system, the at least one network service on the CPE based on the first user selection, and autonomously preconfiguring, using the computing system, the provisioned at least one network service based on the second user selection (Gundersen, see at least: “Day 1 services generally correspond to connecting and initializing a new service and any corresponding equipment. As shown in FIG. 2, execution of Day 1 services may include interaction between the self-service portal 202 and the self-service portal gateway 204 using a site zero touch API 224. The site zero touch API 224 is a set of functions for providing “zero-touch” provisioning of the equipment and associated network services [i.e. autonomously provisioning, using the computing system, the at least one network service on the CPE based on the first user selection]. In general, installation of new equipment through zero-touch provisioning (or ZTP) requires only that the equipment be physically connected to a telecommunications network [i.e. in response to determining that the CPE has been successfully installed at the customer premises], such as the primary network 102, in accordance with the customer network data generated during ordering of the service. After connection, additional configuration of the equipment, including, without limitation, updating an operating system of the equipment, deploying a patch or bug fix to the equipment, and specific configuration of device parameters, [i.e. autonomously preconfiguring, using the computing system, the provisioned at least one network service based on the second user selection] may occur without further intervention” [0048]);
-based on a determination that the user does not currently have a CPE installed and operational at the customer premises and based on a determination that a CPE has not already been shipped to the customer premises, assigning, using the computing system, a CPE to at least one of the entity, the user, or the customer premises, provisioning, using the computing system, the at least one network service on the assigned CPE based on the first user selection, preconfiguring, using the computing system, the provisioned at least one network service based on the second user selection, and shipping the assigned CPE to the customer premises (Gundersen, see at least: “a computing system of a network service provider hosts a self-service portal accessible by users of network services provided by the network service provider. The self-service portal enables the users to monitor and configure existing network services and to order new network services. In certain implementations, ordering of new network services includes a configuration process including a dynamic network diagram that visually represents the network topology associated with the new network service that may be ordered” [0019] and “During the order process [i.e. and based on a determination that a CPE has not already been shipped to the customer premises], the computing system obtains address information for the new equipment and transmits the address information to a second computing system adapted to preconfigure the new equipment with the address information [i.e. preconfiguring, using the computing system, the provisioned at least one network service based on the second user selection]. Once preconfigured with the address information, the second computing system may further initiate a shipping process to deliver the new equipment to the user [i.e. and shipping the assigned CPE to the customer premises]” [0020] and “prior to delivery of a new vCPE appliance to the user [i.e. based on a determination that the user does not currently have a CPE installed and operational at the customer premises and based on a determination that a CPE has not already been shipped to the customer premises], the new vCPE appliance may be configured with basic address information necessary to connect the new vCPE appliance to the telecommunications network [i.e. provisioning, using the computing system, the at least one network service on the assigned CPE based on the first user selection]” [0022] and “The site design API 216 may provide functionality directed to retrieving and visually presenting data corresponding to, among other things, existing network services and equipment of the user and potential network services and equipment that may be provided to the user. Such information may be stored, for example, in a database 226 [i.e. assigning, using the computing system, a CPE to at least one of the entity, the user, or the customer premises], identified in FIG. 2 as an HWAN Automation Database 226” [0037]); and
-implementing, using the computing system, one or more post-configuration settings for the at least one network service via the CPE (Gundersen, see at least: “After successful installation and provisioning of a new service, Day 2 services may enable a user to access data and to reconfigure equipment [i.e. implementing one or more post-configuration settings for the at least one network service via the CPE] of the user network through the self-service portal 202 [i.e. using the computing system]. Such Day 2 services may include, among other things, receiving and monitoring active site events and analyzing historical active site information. Active site events may include, among other things, alerts or alarms corresponding to equipment failures, changes in bandwidth, bandwidth consumption, and other operational aspects of the user's network [i.e. implementing one or more post-configuration settings]. As illustrated in FIG. 2, such functionality may include further interaction between the VNF manager 216 and the self-service portal gateway 204” [0056]).
Gundersen does not explicitly disclose shipping the assigned CPE to the customer premises with instructions for installing the assigned CPE.
Fan, however, teaches providing tutorial information at a customer premises equipment device to be used with a service (i.e. abstract), including the known technique of shipping the assigned CPE to the customer premises with instructions for installing the assigned CPE (Fan, see at least: “If a wireless or wired connection is established, user manual information stored in the local storage 202 is automatically updated, to ensure that user manual information stored in the local storage 202 shipped with the customer premises equipment [i.e. shipping the assigned CPE to the customer premises with instructions for installing the assigned CPE] does not become outdated” [0024]). This known technique is applicable to the method of Gundersen as they both share characteristics and capabilities, namely, they are directed to providing tutorial information at a customer premises equipment device to be used with a service.
It would have been recognized that applying the known technique of shipping the assigned CPE to the customer premises with instructions for installing the assigned CPE, as taught by Fan, to the teachings of Gundersen would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modification of shipping the assigned CPE to the customer premises with instructions for installing the assigned CPE, as taught by Fan, into the method of Gundersen would have been recognized by those of ordinary skill in the art as resulting in an improved method that would ensure that user manual information does not become outdated (Fan, [0024]).
Regarding claim 2, Gundersen in view of Fan teaches the method of claim 1. Gundersen further discloses:
-wherein the computing system comprises at least one of a web-based digital marketplace computing system, a portal-based digital marketplace computing system, a software application ("app") -based digital marketplace computing system, a server computer, a customer interface server, a network service reservation and ordering platform server, a gateway controller, a network provisioning server, a cloud computing system, or a distributed computing system (Gundersen, see at least: “a computing system of a network service provider [i.e. wherein the computing system comprises at least one of] hosts a self-service portal [i.e. a web-based digital marketplace computing system, a portal-based digital marketplace computing system, a software application ("app") -based digital marketplace computing system, a server computer, a customer interface server, a network service reservation and ordering platform server, a gateway controller, a network provisioning server, a cloud computing system, or a distributed computing system] accessible by users of network services provided by the network service provider. The self-service portal enables the users to monitor and configure existing network services and to order new network services. In certain implementations, ordering of new network services includes a configuration process including a dynamic network diagram that visually represents the network topology associated with the new network service that may be ordered” [0019]).
Regarding claim 3, Gundersen in view of Fan teaches the method of claim 1. Gundersen further discloses:
-wherein the plurality of network services comprises at least one of a plurality of network service apps, one or more Internet services, one or more wide area network ("WAN") services, one or more software-defined WAN ("SD- WAN") services, one or more network security services, one or more telephony services, one or more voice over Internet Protocol ("VoIP) services, or other network services (Gundersen, see at least: “The service provider network 104 may include one or more computing systems and data sources adapted to facilitate ordering and management of network services [i.e. wherein the plurality of network services comprises at least one of a plurality of network service apps, one or more Internet services, one or more wide area network ("WAN") services, one or more software-defined WAN ("SD- WAN") services, one or more network security services, one or more telephony services, one or more voice over Internet Protocol ("VoIP) services, or other network services] by a user or customer associated with the customer network 106” [0025] and Fig. 4C shows a plurality of services being ordered).
Regarding claim 6, Gundersen in view of Fan teaches the method of claim 1. Gundersen further discloses:
-further comprising at least one of:
-initiating, using the computing system, one or more network service updates for the at least one network service via the CPE (Gundersen, see at least: “After connection, additional configuration of the equipment, including, without limitation, updating an operating system of the equipment [i.e. initiating, using the computing system, one or more network service updates for the at least one network service via the CPE], deploying a patch or bug fix to the equipment, and specific configuration of device parameters, may occur without further intervention” [0048]);
-facilitating, using the computing system, service registration of the at least one network service via the CPE;
-tracking, using the computing system, performance of the at least one network service via the CPE; or
-providing, using the computing system, one or more of analytics or insights associated with functioning of the at least one network service to the user.
Regarding claim 7, Gundersen in view of Fan teaches the method of claim 6. Gundersen further discloses:
-wherein the at least one network service comprises at least one network service app (Gundersen, see at least: “The visualization includes a tiered breakdown of traffic flow patterns within the user's network based on network, LAN port, access point, and application [i.e. at least one network service app]” [0063] and “Various Day 2 services [i.e. wherein the at least one network service comprises] and functionalities of an example self-service portal 202 are further illustrated in FIGS. 3A-G” [0057]), wherein:
-the one or more network service updates comprise one or more network service app updates (Gundersen, see at least: “After connection, additional configuration of the equipment, including, without limitation, updating an operating system of the equipment [i.e. the one or more network service updates comprise one or more network service app updates], deploying a patch or bug fix to the equipment, and specific configuration of device parameters, may occur without further intervention” [0048] and “The visualization includes a tiered breakdown of traffic flow patterns within the user's network based on network, LAN port, access point, and application [i.e. one or more network service app updates]” [0063]);
-the service registration comprises network service app registration (Gundersen, see at least: “As illustrated in FIG. 2, utility services may include, among other things, user authentication and address geocoding. User authentication through the self-service portal may include, among other things, registering a new user [i.e. the service registration], including creating new credentials for the new user and verifying the credentials of existing users” [0036] and “The visualization includes a tiered breakdown of traffic flow patterns within the user's network based on network, LAN port, access point, and application [i.e. comprises network service app registration]” [0063]);
-the one or more post-configuration settings comprise network service app configuration settings (Gundersen, see at least: “After receiving notification of delivery of the new equipment, the computing system further guides customers through initial connection and installation. In certain implementations, once the equipment has been connected, the computing device initiates a second configuration operation in which the equipment is configured to perform one or more network functions [i.e. the one or more post-configuration settings comprise]” [0018] and “The visualization includes a tiered breakdown of traffic flow patterns within the user's network based on network, LAN port, access point, and application [i.e. comprise network service app configuration settings]” [0063]);
-the performance of the at least one network service comprises network service app performance (Gundersen, see at least: “The visualization includes a tiered breakdown of traffic flow patterns [i.e. the performance of the at least one network service comprises] within the user's network based on network, LAN port, access point, and application [i.e. network service app performance]” [0063] and “illustrated in FIG. 3F, a customer may subscribe to multiple network services through which traffic associated with the customer may be directed. Such services may vary in terms of, among other things, their respective network types, bandwidth, cost, security, and other performance [i.e. the performance of the at least one network service comprises] and business-related aspects. Accordingly, to make the most efficient use of the various network services available to the customer, the customer may wish to direct data having certain characteristics to specific network services” [0064]); and
-one or more of analytics or insights associated with functioning of the at least one network service comprises network service app analytics and insights (Gundersen, see at least: “After successful installation and provisioning of a new service, Day 2 services may enable a user to access data and to reconfigure equipment of the user network through the self-service portal 202. Such Day 2 services may include, among other things, receiving and monitoring active site events and analyzing historical active site information. Active site events may include, among other things, alerts or alarms corresponding to equipment failures, changes in bandwidth, bandwidth consumption, and other operational aspects of the user's network [i.e. one or more of analytics or insights associated with functioning of the at least one network service]” [0056] and “The visualization includes a tiered breakdown of traffic flow patterns within the user's network based on network, LAN port, access point, and application [i.e. comprises network service app analytics and insights]” [0063]).
Regarding claim 8, Gundersen in view of Fan teaches the method of claim 1. Gundersen further discloses:
-providing, using the computing system, the user experience ("UX") platform for the digital marketplace, the UX platform being accessible by the user via the user device over the one or more networks (Gundersen, see at least: “The process of ordering a new service is further illustrated in FIGS. 4A-C, which depict an example interface of a self-service portal, such as the self-service portal 202 of FIG. 2, and, more specifically, portions of the self-service portal 202 through which a user may configure and order a new service [i.e. providing, using the computing system, the user experience ("UX") platform for the digital marketplace]. Referring first to FIG. 4A, a user may select a site and desired service using the self-service portal 202 and, in response, an initial network representation for providing the network service may be displayed to the user” [0044] and “To facilitate accessibility, the self-service portal 118 may be accessible over the primary network 102 or similar network through a web-based interface executed on one or more computing devices 134-138 which may include, without limitation, tablets, smart phones, desktop computers, laptops, and other similar computing devices [i.e. the UX platform being accessible by the user via the user device over the one or more networks]” [0027]);
-providing, using the computing system and via the UX platform, one or more options to purchase, via the digital marketplace, one or more network services among a plurality of network services provided by a service provider (Gundersen, see at least: “The process of ordering a new service is further illustrated in FIGS. 4A-C, which depict an example interface of a self-service portal, such as the self-service portal 202 of FIG. 2, and, more specifically, portions of the self-service portal 202 through which a user may configure and order a new service [i.e. using the computing system and via the UX platform]. Referring first to FIG. 4A, a user may select a site and desired service using the self-service portal 202 [i.e. providing one or more options to purchase, via the digital marketplace, one or more network services among a plurality of network services provided by a service provider] and, in response, an initial network representation for providing the network service may be displayed to the user” [0044]); and
-providing, using the computing system and via the UX platform, one or more options to preconfigure any purchased network services among the one or more network services (Gundersen, see at least: “During the design process [i.e. using the computing system and via the UX platform], the user may provide additional details or specifications for the network service of interest. As shown in the transition between FIGS. 4A and 4B, for example, the interface may dynamically update the network representation to reflect changes in the necessary branch topology for providing the current design of the service. More specifically, FIG. 4A illustrates a relatively basic configuration for providing the service of interest in which the service is provided using a single broadband line requiring only one piece of CPE and a corresponding access point. In contrast, the configuration illustrated in FIG. 4B adds each of a second broadband line, a redundant CPE (RED. CPE), an additional access point (AP 2), and a switch (SWITCH) for communicating between the access points and the CPE [i.e. providing one or more options to preconfigure any purchased network services among the one or more network services]” [0046] and Fig. 4A-4B).
Regarding claim 9, Gundersen in view of Fan teaches the method of claim 1. Gundersen further discloses:
-generating and presenting, using the computing system and within the UX platform, a visualization of the at least one network service (Gundersen, see at least: “The process of ordering a new service is further illustrated in FIGS. 4A-C, which depict an example interface of a self-service portal, such as the self-service portal 202 of FIG. 2, and, more specifically, portions of the self-service portal 202 [i.e. using the computing system and within the UX platform] through which a user may configure and order a new service. Referring first to FIG. 4A, a user may select a site and desired service using the self-service portal 202 and, in response, an initial network representation for providing the network service may be displayed to the user [i.e. generating and presenting a visualization of the at least one network service]” [0044] and Figs. 4A and 4B show respective visualizations of the network services).
Regarding claim 11, Gundersen in view of Fan teaches the method of claim 9. Gundersen further discloses:
-wherein generating and presenting the visualization of the at least one network service comprises generating and presenting, using the computing system and within the UX platform, a visualization of the at least one network service in relation to other network services associated with at least one of the entity, the user, or the customer premises (Gundersen, see at least: “The process of ordering a new service is further illustrated in FIGS. 4A-C, which depict an example interface of a self-service portal, such as the self-service portal 202 of FIG. 2, and, more specifically, portions of the self-service portal 202 through which a user may configure and order a new service. Referring first to FIG. 4A, a user may select a site and desired service using the self-service portal 202 and, in response, an initial network representation for providing the network service may be displayed to the user [i.e. generating and presenting a visualization of the at least one network service]” [0044] and “As illustrated in FIG. 4A, the selected service is to be provided at SITE 1 and the initial network representation includes each of a modem or similar customer premises equipment (CPE) and an access point (AP), such as a router. In certain implementations, the self-service portal 202 may automatically populate the order based on, among other things, a default setup for the selected service and information available to the self-service portal 202 regarding the existing network associated with the user [i.e. comprises generating and presenting, using the computing system and within the UX platform, a visualization of the at least one network service in relation to other network services associated with at least one of the entity, the user, or the customer premises]. Such data may be stored, for example, in the database 226 of FIG. 2 and may be obtained from, among other things, previous orders submitted by the user and previous information provided by the user regarding the network of the user” [0045] and Figs. 4A and 4B show respective visualizations of the network services).
Regarding claim 12, Gundersen in view of Fan teaches the method of claim 9. Gundersen further discloses:
-wherein generating and presenting the visualization of the at least one network service comprises:
-determining, using the computing system, geographical locations or coverages of the at least one network service and any other network services associated with at least one of the entity, the user, or the customer premises relative to one or more geographical locations associated with the at least one of the entity, the user, or the customer premises (Gundersen, see at least: “In addition to the stored information, the service provider computing system 110 may receive additional information from a user through the self-service portal 118 during the order entry process. Such information may include, without limitation, a geographic location or address where the new service is to be provided [i.e. determining, using the computing system, geographical locations or coverages], information regarding existing services of the customer, and customer preferences regarding the new service. In certain implementations, the information collected by and provided to the service provider computing system 110 may be used to dynamically update a graphical representation [i.e. wherein generating and presenting the visualization of the at least one network service comprises:] of the customer's network (or a portion thereof) to include any new network service paths and equipment [i.e. of the at least one network service and any other network services associated with at least one of the entity, the user, or the customer premises relative to one or more geographical locations associated with the at least one of the entity, the user, or the customer premises]” [0029]); and
-based on such determination, generating and presenting, using the computing system and within the UX platform, a map-based visualization of the at least one network service in relation to other network services associated with at least one of the entity, the user, or the customer premises and in relation to the one or more geographical locations associated with the at least one of the entity, the user, or the customer premises (Gundersen, see at least: “In addition to the stored information, the service provider computing system 110 may receive additional information from a user through the self-service portal 118 during the order entry process. Such information may include, without limitation, a geographic location or address where the new service is to be provided, information regarding existing services of the customer, and customer preferences regarding the new service. In certain implementations, the information collected by and provided to the service provider computing system 110 may be used to dynamically update a graphical representation [i.e. wherein generating and presenting the visualization of the at least one network service comprises:] of the customer's network (or a portion thereof) to include any new network service paths and equipment [i.e. based on such determination]” [0029] and “FIG. 3A illustrates an example of a home screen of the self-service portal 202. As shown, such a home screen may include a map or similar geographic interface depicting the branches or sites of the user's network [i.e. generating and presenting, using the computing system and within the UX platform, a map-based visualization of the at least one network service in relation to other network services associated with at least one of the entity, the user, or the customer premises and in relation to the one or more geographical locations associated with the at least one of the entity, the user, or the customer premises] and a corresponding listing of the branches including a status indicator for each of the sites. The map interface may allow a user to, among other things, select, pan, and zoom into/out of a particular geographic area corresponding to the user's network” [0058] and Fig. 3A).
Claims 13-15 recite limitations directed towards a system, comprising: a computing system, comprising: at least one first processor; and a first non-transitory computer readable medium communicatively coupled to the at least one first processor, the first non-transitory computer readable medium having stored thereon computer software comprising a first set of instructions that, is executed by the at least one first processor (Gundersen, see at least: “Computer program products containing mechanisms to effectuate the systems and methods in accordance with the presently described technology may reside in the data storage devices 604 and/or the memory devices 606, which may be referred to as machine-readable media. It will be appreciated that machine-readable media may include any tangible non-transitory medium that is capable of storing or encoding instructions to perform any one or more of the operations of the present disclosure for execution by a machine or that is capable of storing or encoding data structures and/or modules utilized by or associated with such instructions” [0071]). The limitations recited in claims 13-15 are parallel in nature to those addressed above for claims 1-3, respectively, and are therefore rejected for those same reasons set forth above in claims 1-3, respectively.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Gundersen, in view of Fan, in further view of Rothschild et al. (US 11,271,807 B1) hereinafter Rothschild.
Regarding claim 4, Gundersen in view of Fan teaches the method of claim 1.
Gundersen in view of Fan does not explicitly teach the customer premises comprising one of a residential customer premises, a business customer premises, a corporate customer premises, an enterprise customer premises, an education facility customer premises, a medical facility customer premises, or a governmental customer premises.
Rothschild, however, teaches premised server installation, support, and operation (i.e. abstract), including the known technique of the customer premises comprising one of a residential customer premises, a business customer premises, a corporate customer premises, an enterprise customer premises, an education facility customer premises, a medical facility customer premises, or a governmental customer premises (Rothschild, see at least: “The term “premised server” is herein used to describe a computing server for a residence [i.e. the customer premises comprising one of a residential customer premises, a business customer premises, a corporate customer premises, an enterprise customer premises, an education facility customer premises, a medical facility customer premises, or a governmental customer premises] or other type of premises that provides services to other devices inside or outside the premises through a local network, the Internet or other network” Col. 1 Ln. 55-59). This known technique is applicable to the method of Gundersen in view of Fan as they both share characteristics and capabilities, namely, they are directed to premised server installation, support, and operation.
It would have been recognized that applying the known technique of the customer premises comprising one of a residential customer premises, a business customer premises, a corporate customer premises, an enterprise customer premises, an education facility customer premises, a medical facility customer premises, or a governmental customer premises, as taught by Rothschild, to the teachings of Gundersen in view of Fan would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modification of the customer premises comprising one of a residential customer premises, a business customer premises, a corporate customer premises, an enterprise customer premises, an education facility customer premises, a medical facility customer premises, or a governmental customer premises, as taught by Rothschild, into the method of Gundersen in view of Fan would have been recognized by those of ordinary skill in the art as resulting in an improved method that would enable to communicate on a local network for discovering devices connected to the local network and for providing service functionalities to connected devices (Rothschild, Col. 1 Ln. 66-67 & Col. 2 Ln. 1).
Regarding claim 5, Gundersen in view of Fan teaches the method of claim 1.
Gundersen in view of Fan does not explicitly teach autonomously provisioning the at least one network service on the CPE comprising autonomously deploying the at least one network service on the CPE from a network edge platform in proximity to the customer premises.
Rothschild, however, teaches premised server installation, support, and operation (i.e. abstract), including the known technique of autonomously provisioning the at least one network service on the CPE comprising autonomously deploying the at least one network service on the CPE from a network edge platform in proximity to the customer premises (Rothschild, see at least: “The user can use the web interface to subscribe to the VPSoD service, wherein a virtual instance of a home (premised) server is created on an edge network resource [i.e. the at least one network service on the CPE from a network edge platform in proximity to the customer premises] and is automatically set up and configured with minimal input from the user [i.e. wherein autonomously provisioning the at least one network service on the CPE comprises]” Col. 4 Ln. 17-21 and “a virtual premised server 108 is comprised of a virtual premised server OS and services deployed on an edge resource 114 in an edge network 106 proximate to the client's local network 102 [i.e. autonomously deploying a network edge platform in proximity to the customer premises]” Col. 8 Ln. 14-17 and Fig. 2C shows that there is an autoconfiguration option). This known technique is applicable to the method of Gundersen in view of Fan as they both share characteristics and capabilities, namely, they are directed to premised server installation, support, and operation.
It would have been recognized that applying the known technique of autonomously provisioning the at least one network service on the CPE comprising autonomously deploying the at least one network service on the CPE from a network edge platform in proximity to the customer premises, as taught by Rothschild, to the teachings of Gundersen in view of Fan would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modification of autonomously provisioning the at least one network service on the CPE comprising autonomously deploying the at least one network service on the CPE from a network edge platform in proximity to the customer premises, as taught by Rothschild, into the method of Gundersen in view of Fan would have been recognized by those of ordinary skill in the art as resulting in an improved method that would enable to communicate on a local network for discovering devices connected to the local network and for providing service functionalities to connected devices (Rothschild, Col. 1 Ln. 66-67 & Col. 2 Ln. 1).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gundersen, in view of Fan, in further view of Dye et al. (US 2009/0313113 A1) hereinafter Dye.
Regarding claim 10, Gundersen in view of Fan teaches the method of claim 9. Gundersen further discloses:
-in response to receiving at least one of the first user selection or the second user selection, placing, using the computing system, the at least one network service in a shopping cart of the UX platform (Gundersen, see at least: “during the design process [i.e. in response to receiving at least one of the first user selection or the second user selection], the network schematic or data corresponding thereto may be submitted to the quoting system 210 to dynamically update pricing information for the current service. For example, the interface indicates a first price of PRICE 1 for the first configuration illustrated in FIG. 4A and a second price of PRICE 2 for the second configuration illustrated in FIG. 4B. The quoting system 210 may also generate and provide more detailed quote information to the self-service portal 202 during the configuration process” [0047] and Figs. 4A and 4B include an “add to quote” option to add the selected network service to a cart for purchase [i.e. placing, using the computing system, the at least one network service in a shopping cart of the UX platform]); and
-providing, using the computing system and via the UX platform, one or more options to visualize the at least one network service that has been selected (Gundersen, see at least: “During the design process, the user may provide additional details or specifications for the network service of interest. As shown in the transition between FIGS. 4A and 4B, for example, the interface may dynamically update the network representation to reflect changes in the necessary branch topology for providing the current design of the service. More specifically, FIG. 4A illustrates a relatively basic configuration for providing the service of interest in which the service is provided using a single broadband line requiring only one piece of CPE and a corresponding access point. In contrast, the configuration illustrated in FIG. 4B adds each of a second broadband line, a redundant CPE (RED. CPE), an additional access point (AP 2), and a switch (SWITCH) for communicating between the access points and the CPE” [0046] and “during the design process, the network schematic or data corresponding thereto may be submitted to the quoting system 210 to dynamically update pricing information for the current service. For example, the interface indicates a first price of PRICE 1 for the first configuration illustrated in FIG. 4A and a second price of PRICE 2 for the second configuration illustrated in FIG. 4B. The quoting system 210 may also generate and provide more detailed quote information to the self-service portal 202 during the configuration process [i.e. that has been selected] or when the configuration has been finalized” [0047] and Figs. 4A and 4B [i.e. providing, using the computing system and via the UX platform] show respective visualizations of the network services and a panel with different options to add to the visualization of the network service [i.e. one or more options to visualize the at least one network service]);
-wherein generating and presenting the visualization of the at least one network service is in response to receiving a third user selection of at least one option to visualize the at least one network service that has been selected (Gundersen, see at least: “During the design process, the user may provide additional details or specifications for the network service of interest. As shown in the transition between FIGS. 4A and 4B, for example, the interface may dynamically update the network representation to reflect changes in the necessary branch topology for providing the current design of the service. More specifically, FIG. 4A illustrates a relatively basic configuration for providing the service of interest in which the service is provided using a single broadband line requiring only one piece of CPE and a corresponding access point. In contrast, the configuration illustrated in FIG. 4B adds each of a second broadband line, a redundant CPE (RED. CPE), an additional access point (AP 2), and a switch (SWITCH) for communicating between the access points and the CPE” [0046] and Figs. 4A and 4B show respective visualizations of the network services and a panel with different options to add to the visualization of the network service [i.e. wherein generating and presenting the visualization of the at least one network service is in response to receiving a third user selection of at least one option to visualize the at least one network service that has been selected]).
Gundersen in view of Fan does not explicitly teach providing one or more options to visualize the at least one network service that has been added to the shopping cart; and generating and presenting the visualization of the at least one network service is in response to receiving a third user selection of at least one option to visualize the at least one network service that has been added to the shopping cart.
Dye, however, teaches purchasing services for one or more premises (i.e. abstract), including the known technique of providing one or more options to visualize the at least one network service that has been added to the shopping cart (Dye, see at least: “On the single page dashboard in the preferred embodiment are five main areas. Alternate embodiments may contain more of less areas based on other various requirements. The image in text items area [100] contains previously uploaded images or text to be published into various Internet access points. The subscription profiles area [200] contains at least one or more subscription profiles. The Internet access points map area [300] displays the various access points based on the grouping area [400] [i.e. providing one or more options to visualize the at least one network service]. And finally, the price accumulation area [500] tracks and displays various purchase statistics and the final purchase (checkout) price. The illustration of FIG.1 also shows an optional checkout button [700] to finalize payment and published the selected profiles of images into one or more Internet access points” [0025] and “Within the customer ad-tools web-portal is an optional add-to shopping cart price accumulator [i.e. that has been added to the shopping cart]. The price is accumulated and displayed as advertisers move one or more ad campaigns into one or more access point groups. The price accumulator also tracks shopping cart items as images for specific campaign groups are moved out or deleted from access point groups” [0024] and Fig. 1); and
the known technique of generating and presenting the visualization of the at least one network service is in response to receiving a third user selection of at least one option to visualize the at least one network service that has been added to the shopping cart (Dye, see at least: “On the single page dashboard in the preferred embodiment are five main areas. Alternate embodiments may contain more of less areas based on other various requirements. The image in text items area [100] contains previously uploaded images or text to be published into various Internet access points. The subscription profiles area [200] contains at least one or more subscription profiles. The Internet access points map area [300] displays the various access points based on the grouping area [400] [i.e. generating and presenting the visualization of the at least one network service]. And finally, the price accumulation area [500] tracks and displays various purchase statistics and the final purchase (checkout) price. The illustration of FIG. 1 also shows an optional checkout button [700] to finalize payment and published the selected profiles of images into one or more Internet access points … the user manipulates objects between areas of the dashboard with a "drag and drop" interface typically all under control of one or more Internet browser applications as known to one in the art. The dashboard interface allows users to select one or more images and text items (text may be attached to images) into one or more ad profiles (ad campaigns) and position one or more profiles into one or more groups of geographically located Internet access points [i.e. is in response to receiving a third user selection of at least one option to visualize the at least one network service]” [0025] and “Within the customer ad-tools web-portal is an optional add-to shopping cart price accumulator [i.e. that has been added to the shopping cart]. The price is accumulated and displayed as advertisers move one or more ad campaigns into one or more access point groups. The price accumulator also tracks shopping cart items as images for specific campaign groups are moved out or deleted from access point groups” [0024] and Fig. 1). This known technique is applicable to the method of Gundersen in view of Fan as they both share characteristics and capabilities, namely, they are directed to purchasing services for one or more premises.
It would have been recognized that applying the known technique of providing one or more options to visualize the at least one network service that has been added to the shopping cart; and generating and presenting the visualization of the at least one network service is in response to receiving a third user selection of at least one option to visualize the at least one network service that has been added to the shopping cart, as taught by Dye, to the teachings of Gundersen in view of Fan would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modification of providing one or more options to visualize the at least one network service that has been added to the shopping cart; and generating and presenting the visualization of the at least one network service is in response to receiving a third user selection of at least one option to visualize the at least one network service that has been added to the shopping cart, as taught by Dye, into the method of Gundersen in view of Fan would have been recognized by those of ordinary skill in the art as resulting in an improved method that would allow users to select services and position the services into one or more groups of geographically located Internet access point (Dye, [0025]).
Response to Arguments
Rejections under 35 U.S.C. §101
Applicant argues that independent claim 1, from which claims 2-12 depend, recites a number of limitations that go well beyond the organization of human activity and are recited with such specificity that they are more than mere instructions to implement the abstract idea on generic computing hardware. For instance, claim 1 recites (i) autonomously provisioning network services on CPE based on user selection, (ii) autonomously preconfiguring the provisioned network service based on another user selection, and (iii) implementing post-configuration settings for the network service via the CPE. These actions result in the provisioning of network services or configuration of network services where autonomous operation can be performed with efficiency that is impossible when performed manually and in a manner specifically designed to avoid the involvement of a person, as described throughout the specification due to the myriad of factors that make performing of related steps by a human difficult. Accordingly, withdrawal of the objection is respectfully requested (Remarks, page 12).
Examiner respectfully disagrees. The recited limitations fall within the “Certain Methods of Organizing Human Activity” groupings of abstract ideas as they cover a commercial interaction (i.e. encompass advertising, and marketing or sales activities). Examiner has not stated that the recited limitations fall within the “Mental Processes” grouping; whether the recited features can be done by a human does not determine whether the recited limitations fall within the “Certain Methods of Organizing Human Activity” groupings. Nonetheless, Examiner points out that performing a step more efficiently doesn’t mean that it cannot be done by a human. Additionally, merely improving efficiency by performing the recited limitations automatically amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea). Employing well-known computer functions to execute an abstract idea, even when limiting the use of the idea to one particular environment, does not integrate the exception into a practical application. Accordingly, the claims are ineligible.
Rejections under 35 U.S.C. §103
Applicant argues that Independent claim 1 of the present application, from which claims 2-12 depend, recites, inter alia, a method related to customer premises equipment (CPE) for providing network services to a user that includes "receiving a first user selection of at least one option to purchase at least one network service," "autonomously provisioning, using the computing system, the at least one network service on the CPE based on the first user selection," and "implementing, using the computing system, one or more post-configuration settings for the at least one network service via the CPE' (emphasis added). Independent claim 13, from which claims 14 and 15 depend, includes similar recitations written in a different format. For the reasons discussed below, the Applicant respectfully submits that the cited references fail to disclose or suggest the above recitation. At pages 24 and 25 of the Office Action, the Office indicates that Gundersen teaches one of the recitations of dependent claim 6, but fails to identify any reference that teaches the above recitation incorporated into the independent claims regarding the implementation of post configuration settings for the at least one network service via the CPE. Thus, each of the cited references, whether taken alone or in combination, fail to disclose or suggest each of the recitations of the present claims. Accordingly, for at least this reason, the Applicant respectfully submits that the claims of the present application are patentable over the cited references. Withdrawal of the rejection is respectfully requested (Remarks, pages 13-14).
Examiner respectfully disagrees. Gundersen discloses that, after successful installation and provisioning of a new service, Day 2 services enable a user to access data and to reconfigure equipment of the user network [i.e. implementing one or more post-configuration settings for the at least one network service via the CPE] through the self-service portal [i.e. using the computing system] and that such Day 2 services include implementing alerts or alarms [i.e. implementing one or more post-configuration settings] (see Gundersen, [0056]). Accordingly, Gundersen discloses this feature.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Nosrati et al. (US 2021/0400351 A1) teaches ensuring that Provider capture equipment arrives at the requested location.
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.
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/ARIELLE E WEINER/ Primary Examiner, Art Unit 3689
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