DETAILED ACTION
Status of Claims
Claims 1, 15-16, and 19-20 are currently amended.
Claim 2 has been canceled.
Claims 1 and 3-20 are currently pending and have been examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
35 USC 101
Applicant’s arguments and amendments, filed 04/17/2026, with respect to the 35 USC 101 rejection have been fully considered and are persuasive. The 35 USC 101 rejection of 01/20/2026 has been withdrawn. The Examiner hereby asserts that the claims recite additional elements which individually and in combination integrate any judicial exception into a practical application and result in “significantly more” than any abstract idea which may be recited within the claims. The Examiner hereby asserts that the claims at issue apply the abstract idea with additional elements (including a central server computer, data storage, user device), do not merely “apply” any judicial exception to a computer, and add meaningful limits that amount to more than generally linking the use of the abstract idea to a particular technological environment. Moreover, the claims are necessarily rooted in computer technology to address problem specifically arising in the realm of server processing, managing, and presenting item data form heterogeneous and structurally incompatible data formats. Specifically transforming disparate data structures and generating a new unified data object to overcome a technical problem of data incompatibility. This is accomplished by converting data according to the rules of transferring, omitting, and populating fields, and generating a “unified menu” data structure results in a tangible improvement of the computer system operating more efficiently by processing incompatible data.
35 USC 103
Applicant’s arguments with respect to claim(s) 1 and 3-20 under 35 USC 103 have been considered but are moot. In light of current amendments, a new grounds of rejection is made in view of DiBenedetto et al. (US 2020/0279209). See rejection below for more detail.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 and 3-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hossain et al. (US 2021/0056567) in view of Wang et al. (US 2022/0101250), and further in view of DiBenedetto et al. (US 2020/0279209).
Regarding Claims 1, 15, and 16, Hossain discloses A method comprising: (See at least Abstract)
receiving, by a central server computer from a plurality of first service providers, first item data for a plurality of first items provided by the plurality of first service providers in a first data format; (See at least paragraph [0005] disclosing receiving product information for at least one product for a storefront, [0008], [0010], [0058], [0089], [0097])
storing, by the central server computer in a data storage, the first item data for the plurality of first items provided by the plurality of first service providers in the first data format; (See at least paragraph [0018] disclosing storing received product data as a synchronization data model, [0090])
receiving, by the central server computer from a plurality of second service providers, second item data for a plurality of second items provided by the second service providers in a second data format; (See at least paragraph [0005] & [0010] disclosing receiving, for one or more storefronts, product information for products, [0089], [0097])
converting, by the central server computer, the second item data for the plurality of second items in the second data format to the first data format, wherein converting the second item data for the plurality of second items in the second data format to the first data format comprises transferring some data values in data fields in the second data format to similar data fields in the first data format, not including data fields and the values in the data fields in the second data format in the first data format; and populating data fields in the first data format that are not present in the second data format (See at least paragraph [0057] disclosing dynamically populating the page with data from an online store, [0098] disclosing converting/translating product information to a translated product format for the selected channel which involves selecting and/or formatting the appropriate data needed for each required product data field of each individual channel, [0102] disclosing prepopulate category fields for various products)
receiving, by the central server computer from the user device, a selection of the displayed one or more first items provided by the first service provider and the displayed one or more second items of the second service provider, wherein the one or more first items and the one or more second items form an aggregate of items; (See at least paragraph [0079] disclosing customers’ ability browse merchant products and add the items to cart and pay for cart, [0080] disclosing browse merchants products on channels, [0097] disclosing plurality of storefronts on different channels)
initiating, by the central server computer, a fulfillment of the selection for the aggregate of items (See at least paragraph [0054] disclosing buy button for online store that has collection of storefronts from plurality of merchants that may be used in connection with an online channel, [0058]-[0059] disclosing online checkout and payment processing, [0077] disclosing customer facing application including online store or channels that merchants list products and be able to purchase from, [0081]-[0082], [0084] disclosing order fulfillment)
However, Hossain does not expressly provide for receiving, by the central server computer from a user device, a selection of a first service provider; providing, by the central server computer to the user device, a display of one or more first items provided by the first service provider using first item data in the first data format; providing, by the central server computer to the user device, a display of one or more second items provided by a second service provider using second item data in the first data format, along with the display of the one or more first items provided by the first service provider).
Wang discloses receiving, by the central server computer from a user device, a selection of a first service provider; providing, by the central server computer to the user device, a display of one or more first items provided by the first service provider using first item data in the first data format; providing, by the central server computer to the user device, a display of one or more second items provided by a second service provider using second item data in the first data format, along with the display of the one or more first items provided by the first service provider; (See at least paragraph [0022] disclosing selecting second merchants for user interface to order one or more additional items with the first order of items from the first merchant, [0027] disclosing user presented with suggestion to bundles order upon selection of a first merchant for browsing items offered by the first merchant and may determine possible second merchants based on indication of interest in first merchant or particular item from first merchant, Fig. 6 & 7 disclosing burger store and Bob’s convenience store items displayed together and add for purchasing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included selecting and providing the first item and second item data along with one another as taught by Wang in the synchronized merchant system of Hossain because it would allow for more efficient ordering with one order as opposed to separate orders/separate deliveries. See Wang paragraph [0002], [0019].
However, neither Hossain nor Wang expressly provide for generating, by the central server computer form the first item data and the converted second item data, a unified menu that integrates the one or more first items and one or more second items as if originating form a single catalog; and providing display… in the unified menu. However, DiBenedetto discloses generating, by the central server computer form the first item data and the converted second item data, a unified menu that integrates the one or more first items and one or more second items as if originating from a single catalog; and providing display… in the unified menu (See at least paragraph [0040] disclosing converting raw files to standardized format to provide formatted data and a menu combining module configured to combine multiple source menus, [0046] data representing each of the one or more food or beverage delivery services is combined onto a rendered page of the application where the combined data can be viewed on the page simultaneously, [0083] disclosing normalization of item names to ensure uniform comparison and remove superfluous item numbers that particular services may use in their source item names).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the unified menu as taught by DiBenedetto in the aggregated system of Hossain/Wang because it would allow for convenient way for suer to search and compare aggregated restaurants and some or all of their men items with the data stored with the goal of compatibility. See DiBenedetto paragraphs [0022]-[0023].
Regarding Claim 3, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 1. Hossain does not expressly provide for determining, by the central server computer, the second service provider based on a proximity of the second service provider to the first service provider. However, Wang discloses determining, by the central server computer, the second service provider based on a proximity of the second service provider to the first service provider. (See at least paragraph [0020] disclosing selecting second merchants based on threshold distance of at least one of first merchant location)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included selecting and providing the first item and second item data along with one another as taught by Wang in the synchronized merchant system of Hossain because it would allow for more efficient ordering with one order as opposed to separate orders/separate deliveries. See Wang paragraph [0002], [0019].
Regarding Claim 4, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 3. Hossain does not expressly provide for wherein determining the second service provider from the plurality of second service providers based on the first service provider comprises using a location based pairing method.. However, Wang discloses wherein determining the second service provider from the plurality of second service providers based on the first service provider comprises using a location based pairing method. (See at least paragraph [0020] disclosing selecting second merchants based on threshold distance of at least one of first merchant location, [0074], Fig.2)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included selecting and providing the first item and second item data along with one another as taught by Wang in the synchronized merchant system of Hossain because it would allow for more efficient ordering with one order as opposed to separate orders/separate deliveries. See Wang paragraph [0002], [0019].
Regarding Claim 5, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 3. Hossain does not expressly provide for wherein determining the second service provider from the plurality of second service providers based on the first service provider comprises using a machine learning model. However, Wang discloses wherein determining the second service provider from the plurality of second service providers based on the first service provider comprises using a machine learning model. (See at least paragraph [0021] disclosing select second merchant based on machine learning, [0055])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included selecting and providing the first item and second item data along with one another as taught by Wang in the synchronized merchant system of Hossain because it would allow for more efficient ordering with one order as opposed to separate orders/separate deliveries. See Wang paragraph [0002], [0019].
Regarding Claim 6, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 1. Hossain does not expressly provide for receiving, by the central server computer, pairing data associated with the first service provider, the pairing data indicating allowable second service providers and allowable items that can be displayed alongside first items from the first service provider on an application on the user device. However, Wang discloses receiving, by the central server computer, pairing data associated with the first service provider, the pairing data indicating allowable second service providers and allowable items that can be displayed alongside first items from the first service provider on an application on the user device. (See at least paragraph [0055] disclosing second merchants selected based on items being compatible with first order items, [0060] disclosing what items to present from second merchant based on first merchant/first items, [0098], [0128], [0132] disclosing cuisine compatibility and complementing using rules, [0133]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included selecting and providing the first item and second item data along with one another as taught by Wang in the synchronized merchant system of Hossain because it would allow for more efficient ordering with one order as opposed to separate orders/separate deliveries. See Wang paragraph [0002], [0019].
Regarding Claim 7, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 1. Additionally, Hossain discloses wherein the first data format has data fields including: a name, description, image, category identifier, and value field. (See at least paragraph [0002] disclosing fields such as product ID number, price, category, image, availability, etc., [0083] disclosing currency, [0088] disclosing category, UPC, brand gender, condition, etc.).
Regarding Claim 8, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 1. Additionally, Hossain discloses wherein the second data format has data fields including: a name, description, image, category identifier, value, currency, and a universal product code. (See at least paragraph [0002] disclosing fields such as product ID number, price, category, image, availability, etc., [0083] disclosing currency, [0088] disclosing category, UPC, brand gender, condition, etc.).
Regarding Claim 9, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 1. Additionally, Hossain discloses wherein the display of one or more first items provided by the first service provider and the display of one or more second items provided by the second service provider are displayed on an application installed on the user device. (See at least paragraph [0057] disclosing application installed on customer device).
Regarding Claim 10, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 1. Hossain does not expressly provide for wherein the selection of the first service provider causes the central server computer to select the second service provider of the plurality of second service providers. However, Wang discloses wherein the selection of the first service provider causes the central server computer to select the second service provider of the plurality of second service providers. (See at least paragraph [0055] disclosing second merchants selected based on items being compatible with first order items, [0060] disclosing what items to present from second merchant based on first merchant/first items, [0098], [0128], [0132] disclosing cuisine compatibility and complementing using rules, [0133], [0027] disclosing user presented with suggestion to bundles order upon selection of a first merchant for browsing items offered by the first merchant and may determine possible second merchants based on indication of interest in first merchant or particular item from first merchant, Fig. 6 & 7 disclosing burger store and Bob’s convenience store items displayed together and add for purchasing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included selecting and providing the first item and second item data along with one another as taught by Wang in the synchronized merchant system of Hossain because it would allow for more efficient ordering with one order as opposed to separate orders/separate deliveries. See Wang paragraph [0002], [0019].
Regarding Claim 11, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 1. Hossain does not expressly provide for wherein the selection of one or more first items provided by the first service provider is used to determine the second service provider from the plurality of second service providers. However, Wang discloses wherein the selection of one or more first items provided by the first service provider is used to determine the second service provider from the plurality of second service providers. (See at least paragraph [0055] disclosing second merchants selected based on items being compatible with first order items, [0060] disclosing what items to present from second merchant based on first merchant/first items, [0098], [0128], [0132] disclosing cuisine compatibility and complementing using rules, [0133], [0027] disclosing user presented with suggestion to bundles order upon selection of a first merchant for browsing items offered by the first merchant and may determine possible second merchants based on indication of interest in first merchant or particular item from first merchant, Fig. 6 & 7 disclosing burger store and Bob’s convenience store items displayed together and add for purchasing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included selecting and providing the first item and second item data along with one another as taught by Wang in the synchronized merchant system of Hossain because it would allow for more efficient ordering with one order as opposed to separate orders/separate deliveries. See Wang paragraph [0002], [0019].
Regarding Claim 12, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 1. Hossain does not expressly provide for wherein the selection of one or more first items provided by the first service provider is used to determine a subset of second items provided by the second service provider. However, Wang discloses wherein the selection of one or more first items provided by the first service provider is used to determine a subset of second items provided by the second service provider. (See at least paragraph [0055] disclosing second merchants selected based on items being compatible with first order items, [0060] disclosing what items to present from second merchant based on first merchant/first items, [0098], [0128], [0132] disclosing cuisine compatibility and complementing using rules, [0133] disclosing subset of second merchants and/or items to offer the user, [0027] disclosing user presented with suggestion to bundles order upon selection of a first merchant for browsing items offered by the first merchant and may determine possible second merchants based on indication of interest in first merchant or particular item from first merchant, Fig. 6 & 7 disclosing burger store and Bob’s convenience store items displayed together and add for purchasing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included selecting and providing the first item and second item data along with one another as taught by Wang in the synchronized merchant system of Hossain because it would allow for more efficient ordering with one order as opposed to separate orders/separate deliveries. See Wang paragraph [0002], [0019].
Regarding Claim 13, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 1. Hossain does not expressly provide for wherein the first items are prepared food items and the second items are alcoholic beverages. However, Wang discloses wherein the first items are prepared food items and the second items are beverages (Wang: see at least paragraph [0058] disclosing menu items like entrees, side dishes, drinks, desserts, etc., [0087], Fig. 6 & 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included selecting and providing the first item and second item data along with one another as taught by Wang in the synchronized merchant system of Hossain because it would allow for more efficient ordering with one order as opposed to separate orders/separate deliveries. See Wang paragraph [0002], [0019].
However, neither Hossain nor Wang nor expressly provide for the beverages being alcoholic. DiBenedetto discloses item categories and product categories including that of alcoholic beverages (See at least paragraph [0093], [0107]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the unified menu as taught by DiBenedetto in the aggregated system of Hossain/Wang because it would allow for convenient way for suer to search and compare aggregated restaurants and some or all of their men items with the data stored with the goal of compatibility. See DiBenedetto paragraphs [0022]-[0023].
Regarding Claim 14, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 1. Hossain does not expressly provide for wherein the fulfillment of the selection for the aggregate of items is completed by a single transporter that obtains the first items from the first service provider and the second items from the second service provider and delivers the aggregate of items to the user. However, Wang discloses wherein the fulfillment of the selection for the aggregate of items is completed by a single transporter that obtains the first items from the first service provider and the second items from the second service provider and delivers the aggregate of items to the user. (See at least paragraph [0019] disclosing bundling to single agent deliver multiple items from multiple different merchants as part of same delivery).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included selecting and providing the first item and second item data along with one another as taught by Wang in the synchronized merchant system of Hossain because it would allow for more efficient ordering with one order as opposed to separate orders/separate deliveries. See Wang paragraph [0002], [0019].
Regarding Claim 17, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 16. Additionally, Hossain discloses wherein the user device is a mobile phone (See at least paragraph [0055] disclosing customer device being mobile computing device, [0073]).
Regarding Claim 18, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 16. Additionally, Hossain discloses wherein the second items are retail items (See at least paragraph [0002], [0052], [0054], Fig. 9). Hossain does not expressly provide for the first items are food items. However, Wang discloses wherein the first items are food items (Wang: see at least paragraph [0058] disclosing menu items like entrees, side dishes, drinks, desserts, etc., [0087]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included selecting and providing the first item and second item data along with one another as taught by Wang in the synchronized merchant system of Hossain because it would allow for more efficient ordering with one order as opposed to separate orders/separate deliveries. See Wang paragraph [0002], [0019].
Regarding Claim 19, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 16. Additionally, Hossain discloses wherein the user device is a mobile phone operated by an end user (See at least paragraph [0055] disclosing customer device being mobile computing device).
Regarding Claim 20, Hossain, Wang, and DiBenedetto teach or suggest all of the limitations of claim 19. Hossain does not expressly provide for wherein the unified menu is displayed via a food ordering application on the user device. However, DiBenedetto discloses wherein the unified menu is displayed via a food ordering application on the user device (See at least paragraph [0007] disclosing apparatuses providing searchable aggregated data structure for a networked application identifying menu items in searchable aggregated data structure, [0023], [0046] disclosing user communication device via an interactive application to view pages of different menu and food or beverage items and delivery services in combined rendered page).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the unified menu as taught by DiBenedetto in the aggregated system of Hossain/Wang because it would allow for convenient way for suer to search and compare aggregated restaurants and some or all of their men items with the data stored with the goal of compatibility. See DiBenedetto paragraphs [0022]-[0023].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY E BARGEON whose telephone number is (571)272-2861. The examiner can normally be reached Monday-Friday 9:00am to 6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey A Smith can be reached at (571) 272-6763. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.E.B/Examiner, Art Unit 3688
/KELLY S. CAMPEN/Primary Examiner, Art Unit 3691
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