Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
1. This is a first non-final Office Action on the merits for application 18418034. Claims 1-20 are pending examination.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 05/02/2024, 07/23/2024, 09/03/2024, 12/12/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 9, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1, 9, and 20 of U.S. Patent No. 11,922,454. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same subject matter, perform similar method steps and a person of ordinary skill in the art would not be free to practice one of the claimed inventions without infringing upon the other inventions.
Application number: 18418034
1. A non-transitory computer-readable medium comprising executable instructions, the executable instructions being executable by one or more processors to perform a method, the method comprising: detecting, using a first user interaction tracking module associated with a first website, first access of a first user of a first webpage that is part of the first website, the first website providing multiple first products for sale and operated by a first entity, the first user interaction tracking module provided by an offer aggregator entity, the offer aggregator entity distinct from the first entity, the first website having a first theme providing a first look and feel for the first website; accessing a first profile of the first user; identifying, based on the first profile of the first user, multiple first offers to provide to the first user, each first offer of the multiple first offers defined by the first entity and having offer attributes including a first offer title and a first reference to one or more first products of the multiple first products, at least one first offer of the multiple first offers having an expiration date and time and further including a countdown, the countdown indicating the expiration date and time or an amount of time before the expiration date and time; providing for display to the first user in the first webpage the multiple first offers, each first offer for display including the first offer title and the first reference to the one or more first products, the at least one first offer further including the countdown, each first offer having the first theme; detecting, using a second user interaction tracking module associated with a second website, second access of a second user of a second webpage that is part of the second website, the second website providing multiple second products for sale and operated by a second entity, the second user interaction tracking module provided by the offer aggregator entity, the offer aggregator entity distinct from the second entity, the second website having a second theme providing a second look and feel for the second website, the second theme different from the first theme;accessing a second profile of the second user; identifying, based on the second profile of the second user, multiple second offers to provide to the second user, each second offer of the multiple second offers defined by the second entity and having offer attributes including a second offer title and a second reference to one or more second products of the multiple second products, at least one second offer of the multiple second offers further including a discount code, a threshold value of second products to be selected for purchase to be met to qualify for the discount code, and a progress indicator, the progress indicator indicating a progress of the second user in qualifying for the discount code; and providing for display to the second user in the second webpage the multiple second offers, each second offer for display including the second offer title and the second reference to the one or more second products, the at least one second offer further including the progress indicator, each second offer having the second theme.
Patent number: 11,922,4541. A non-transitory computer-readable medium comprising executable instructions, the executable instructions being executable by one or more processors to perform a method, the method comprising:detecting, using a first user interaction tracking module associated with a first website, first access of a first user of a first webpage that is part of the first website, the first website providing multiple first products for sale and operated by a first entity, the first user interaction tracking module provided by an offer aggregator entity, the offer aggregator entity distinct from the first entity, the first website having a first theme providing a first look and feel for the first website;
generating a first set of decision trees trained on first data including first user profile data stored by a system of the offer aggregator entity, the first user profile data including first values of the multiple first products purchased from the first website and multiple first products selected for purchase from the first website;
accessing a first profile of the first user;
providing the first profile of the first user to the first set of decision trees to generate a first propensity of the first user to purchase at least one of the multiple first products;
identifying, based on the first profile of the first user and the first propensity of the first user, multiple first offers to provide to the first user, each first offer of the multiple first offers defined by the first entity and having offer attributes including a first offer title and a first reference to one or more first products of the multiple first products, at least one first offer of the multiple first offers having an expiration date and time and further including a countdown, the countdown indicating the expiration date and time or an amount of time before the expiration date and time;
providing for display to the first user in the first webpage the multiple first offers, each first offer for display including the first offer title and the first reference to the one or more first products, the at least one first offer further including the countdown, each first offer having the first theme;
detecting, using a second user interaction tracking module associated with a second website, second access of a second user of a second webpage that is part of the second website, the second website providing multiple second products for sale and operated by a second entity, the second user interaction tracking module provided by the offer aggregator entity, the offer aggregator entity distinct from the second entity, the second website having a second theme providing a second look and feel for the second website, the second theme different from the first theme;
generating a second set of decision trees trained on second data including second user profile data stored by the system of the offer aggregator entity, the second user profile data including second values of the multiple second products purchased from the second website and multiple second products selected for purchase from the second website;
accessing a second profile of the second user;
providing the second profile of the second user to the second set of decision trees to generate a second propensity of the second user to purchase at least one of the multiple second products;
identifying, based on the second profile of the second user and the second propensity of the second user, multiple second offers to provide to the second user, each second offer of the multiple second offers defined by the second entity and having offer attributes including a second offer title and a second reference to one or more second products of the multiple second products, at least one second offer of the multiple second offers further including a discount code, a threshold value of second products to be selected for purchase to be met to qualify for the discount code, and a progress indicator, the progress indicator indicating a progress of the second user in qualifying for the discount code; and
providing for display to the second user in the second webpage the multiple second offers, each second offer for display including the second offer title and the second reference to the one or more second products, the at least one second offer further including the progress indicator, each second offer having the second theme.
9. (New) A method comprising: detecting, using a first user interaction tracking module associated with a first website, first access of a first user of a first webpage that is part of the first website, the first website providing multiple first products for sale and operated by a first entity, the first user interaction tracking module provided by an offer aggregator entity, the offer aggregator entity distinct from the first entity, the first website having a first theme providing a first look and feel for the first website; accessing a first profile of the first user; identifying, based on the first profile of the first user, multiple first offers to provide to the first user, each first offer of the multiple first offers defined by the first entity and having offer attributes including a first offer title and a first reference to one or more first products of the multiple first products; providing for display to the first user in the first webpage the multiple first offers, each first offer for display including the first offer title and the first reference and having the first theme; detecting, using a second user interaction tracking module associated with a second website, second access of a second user of a second webpage that is part of the second website, the second website providing multiple second products for sale and operated by a second entity, the second user interaction tracking module provided by the offer aggregator entity, the offer aggregator entity distinct from the second entity, the second website having a second theme providing a second look and feel for the second website, the second theme different from the first theme;accessing a second profile of the second user; identifying, based on the second profile of the second user, multiple second offers to provide to the second user, each second offer of the multiple second offers defined by the second entity and having offer attributes including a second offer title and a second reference to one or more second products of the multiple second products; and providing for display to the second user in the second webpage the multiple second offers, each second offer for display including the second offer title and the second reference and having the second theme.
9. A method comprising:
detecting, using a first user interaction tracking module associated with a first website, first access of a first user of a first webpage that is part of the first website, the first website providing multiple first products for sale and operated by a first entity, the first user interaction tracking module provided by an offer aggregator entity, the offer aggregator entity distinct from the first entity, the first website having a first theme providing a first look and feel for the first website;
generating a first set of decision trees trained on first data including first user profile data stored by a system of the offer aggregator entity, the first user profile data including first values of the multiple first products purchased from the first website and multiple first products selected for purchase from the first website;
accessing a first profile of the first user;
providing the first profile of the first user to the first set of decision trees to generate a first propensity of the first user to purchase at least one of the multiple first products;
identifying, based on the first profile of the first user and the first propensity of the first user, multiple first offers to provide to the first user, each first offer of the multiple first offers defined by the first entity and having offer attributes including a first offer title and a first reference to one or more first products of the multiple first products;
providing for display to the first user in the first webpage the multiple first offers, each first offer for display including the first offer title and the first reference and having the first theme;
detecting, using a second user interaction tracking module associated with a second website, second access of a second user of a second webpage that is part of the second website, the second website providing multiple second products for sale and operated by a second entity, the second user interaction tracking module provided by the offer aggregator entity, the offer aggregator entity distinct from the second entity, the second website having a second theme providing a second look and feel for the second website, the second theme different from the first theme;
generating a second set of decision trees trained on second data including second user profile data stored by the system of the offer aggregator entity, the second user profile data including second values of the multiple second products purchased from the second website and multiple second products selected for purchase from the second website;
accessing a second profile of the second user;
providing the second profile of the second user to the second set of decision trees to generate a second propensity of the second user to purchase at least one of the multiple second products;
identifying, based on the second profile of the second user and the second propensity of the second user, multiple second offers to provide to the second user, each second offer of the multiple second offers defined by the second entity and having offer attributes including a second offer title and a second reference to one or more second products of the multiple second products; and
providing for display to the second user in the second webpage the multiple second offers, each second offer for display including the second offer title and the second reference and having the second theme.
20. (New) A system comprising at least one processor and memory containing executable instructions, the executable instructions being executable by the at least one processor to:detect, using a first user interaction tracking module associated with a first website, first access of a first user of a first webpage that is part of the first website, the first website providing multiple first products for sale and operated by a first entity, the first user interaction tracking module provided by an offer aggregator entity, the offer aggregator entity distinct from the first entity, the first website having a first theme providing a first look and feel for the first website; access a first profile of the first user; identify, based on the first profile of the first user, multiple first offers to provide to the first user, each first offer of the multiple first offers defined by the first entity and having offer attributes including a first offer title and a first reference to one or more first products of the multiple first products; provide for display to the first user in the first webpage the multiple first offers, each first offer for display including the first offer title and the first reference and having the first theme; detect, using a second user interaction tracking module associated with a second website, second access of a second user of a second webpage that is part of the second website, the second website providing multiple second products for sale and operated by a second entity, the second user interaction tracking module provided by the offer aggregator entity, the offer aggregator entity distinct from the second entity, the second website having a second theme providing a second look and feel for the second website, the second theme different from the first theme; access a second profile of the second user; identify, based on the second profile of the second user, multiple second offers to provide to the second user, each second offer of the multiple second offers defined by the second entity and having offer attributes including a second offer title and a second reference to one or more second products of the multiple second products; and provide for display to the second user in the second webpage the multiple second offers, each second offer for display including the second offer title and the second reference and having the second theme.
20. A system comprising at least one processor and memory containing executable instructions, the executable instructions being executable by the at least one processor to:
detect, using a first user interaction tracking module associated with a first website, first access of a first user of a first webpage that is part of the first website, the first website providing multiple first products for sale and operated by a first entity, the first user interaction tracking module provided by an offer aggregator entity, the offer aggregator entity distinct from the first entity, the first website having a first theme providing a first look and feel for the first website;
generate a first set of decision trees trained on first data including first user profile data stored by a system of the offer aggregator entity, the first user profile data including first values of the multiple first products purchased from the first website and multiple first products selected for purchase from the first website;
access a first profile of the first user;
provide the first profile of the first user to the first set of decision trees to generate a first propensity of the first user to purchase at least one of the multiple first products;
identify, based on the first profile of the first user and the first propensity of the first user, multiple first offers to provide to the first user, each first offer of the multiple first offers defined by the first entity and having offer attributes including a first offer title and a first reference to one or more first products of the multiple first products;
provide for display to the first user in the first webpage the multiple first offers, each first offer for display including the first offer title and the first reference and having the first theme;
detect, using a second user interaction tracking module associated with a second website, second access of a second user of a second webpage that is part of the second website, the second website providing multiple second products for sale and operated by a second entity, the second user interaction tracking module provided by the offer aggregator entity, the offer aggregator entity distinct from the second entity, the second website having a second theme providing a second look and feel for the second website, the second theme different from the first theme;
generate a second set of decision trees trained on second data including second user profile data stored by the system of the offer aggregator entity, the second user profile data including second values of the multiple second products purchased from the second website and multiple second products selected for purchase from the second website;
access a second profile of the second user;
provide the second profile of the second user to the second set of decision trees to generate a second propensity of the second user to purchase at least one of the multiple second products;
identify, based on the second profile of the second user and the second propensity of the second user, multiple second offers to provide to the second user, each second offer of the multiple second offers defined by the second entity and having offer attributes including a second offer title and a second reference to one or more second products of the multiple second products; and
provide for display to the second user in the second webpage the multiple second offers, each second offer for display including the second offer title and the second reference and having the second theme.
As to the independent claims:
Instant claim 2 is an obvious variation of patented claim 2.
Instant claim 3 is an obvious variation of patented claim 3.
Instant claim 4 is an obvious variation of patented claim 4.
Instant claim 5 is an obvious variation of patented claim 5.
Instant claim 6 is an obvious variation of patented claim 6.
Instant claim 7 is an obvious variation of patented claim 7.
Instant claim 8 is an obvious variation of patented claim 8.
Instant claim 10 is an obvious variation of patented claim 10.
Instant claim 11 is an obvious variation of patented claim 11.
Instant claim 12 is an obvious variation of patented claim 12.
Instant claim 13 is an obvious variation of patented claim 13.
Instant claim 14 is an obvious variation of patented claim 14.
Instant claim 15 is an obvious variation of patented claim 15.
Instant claim 16 is an obvious variation of patented claim 16.
Instant claim 17 is an obvious variation of patented claim 17.
Instant claim 18 is an obvious variation of patented claim 18.
Instant claim 19 is an obvious variation of patented claim 19.
It would have been obvious to one having ordinary skill in the art to make the changes above in order to cover slightly broader limitations. Furthermore, the claimed elements perform the same function as before.
Claim Rejections - 35 USC § 101
4. 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 1, 9 is/are drawn to method (i.e., a process), claim(s) 20 is/are drawn to a system (i.e., a machine/manufacture), As such, claims 1, 9, and 20 is/are drawn to one of the statutory categories of invention.
Claims 1-20 are directed to providing multiple products for sale by accessing and identifying a profile and interaction data of the user. Specifically, claim(s) 1, 9, and 20 recite(s) detecting, using a first user interaction tracking module associated with a first website, first access of a first user of a first webpage that is part of the first website, the first website providing multiple first products for sale and operated by a first entity, the first user interaction tracking module provided by an offer aggregator entity, the offer aggregator entity distinct from the first entity, the first website having a first theme providing a first look and feel for the first website; accessing a first profile of the first user; identifying, based on the first profile of the first user, multiple first offers to provide to the first user, each first offer of the multiple first offers defined by the first entity and having offer attributes including a first offer title and a first reference to one or more first products of the multiple first products, at least one first offer of the multiple first offers having an expiration date and time and further including a countdown, the countdown indicating the expiration date and time or an amount of time before the expiration date and time; providing for display to the first user in the first webpage the multiple first offers, each first offer for display including the first offer title and the first reference to the one or more first products, the at least one first offer further including the countdown, each first offer having the first theme; detecting, using a second user interaction tracking module associated with a second website, second access of a second user of a second webpage that is part of the second website, the second website providing multiple second products for sale and operated by a second entity, the second user interaction tracking module provided by the offer aggregator entity, the offer aggregator entity distinct from the second entity, the second website having a second theme providing a second look and feel for the second website, the second theme different from the first theme; accessing a second profile of the second user; identifying, based on the second profile of the second user, multiple second offers to provide to the second user, each second offer of the multiple second offers defined by the second entity and having offer attributes including a second offer title and a second reference to one or more second products of the multiple second products, at least one second offer of the multiple second offers further including a discount code, a threshold value of second products to be selected for purchase to be met to qualify for the discount code, and a progress indicator, the progress indicator indicating a progress of the second user in qualifying for the discount code; and providing for display to the second user in the second webpage the multiple second offers, each second offer for display including the second offer title and the second reference to the one or more second products, the at least one second offer further including the progress indicator, each second offer having the second theme, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity, grouped as following:
detecting, using a first user interaction tracking module associated with a first website, first access of a first user of a first webpage that is part of the first website, the first website providing multiple first products for sale and operated by a first entity, the first user interaction tracking module provided by an offer aggregator entity, the offer aggregator entity distinct from the first entity, the first website having a first theme providing a first look and feel for the first website; accessing a first profile of the first user; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
identifying, based on the first profile of the first user, multiple first offers to provide to the first user, each first offer of the multiple first offers defined by the first entity and having offer attributes including a first offer title and a first reference to one or more first products of the multiple first products, at least one first offer of the multiple first offers having an expiration date and time and further including a countdown, the countdown indicating the expiration date and time or an amount of time before the expiration date and time; providing for display to the first user in the first webpage the multiple first offers, each first offer for display including the first offer title and the first reference to the one or more first products, the at least one first offer further including the countdown, each first offer having the first theme; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
detecting, using a second user interaction tracking module associated with a second website, second access of a second user of a second webpage that is part of the second website, the second website providing multiple second products for sale and operated by a second entity, the second user interaction tracking module provided by the offer aggregator entity, the offer aggregator entity distinct from the second entity, the second website having a second theme providing a second look and feel for the second website, the second theme different from the first theme; accessing a second profile of the second user; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
identifying, based on the second profile of the second user, multiple second offers to provide to the second user, each second offer of the multiple second offers defined by the second entity and having offer attributes including a second offer title and a second reference to one or more second products of the multiple second products, at least one second offer of the multiple second offers further including a discount code, a threshold value of second products to be selected for purchase to be met to qualify for the discount code, and a progress indicator, the progress indicator indicating a progress of the second user in qualifying for the discount code; and which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
identifying, based on the second profile of the second user, multiple second offers to provide to the second user, each second offer of the multiple second offers defined by the second entity and having offer attributes including a second offer title and a second reference to one or more second products of the multiple second products, at least one second offer of the multiple second offers further including a discount code, a threshold value of second products to be selected for purchase to be met to qualify for the discount code, and a progress indicator, the progress indicator indicating a progress of the second user in qualifying for the discount code; and providing for display to the second user in the second webpage the multiple second offers, each second offer for display including the second offer title and the second reference to the one or more second products, the at least one second offer further including the progress indicator, each second offer having the second theme; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as non-transitory computer-readable medium, processor, memory, system merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the non-transitory computer-readable medium, processor, memory, system perform(s) the steps or functions of detecting, using a first user interaction tracking module associated with a first website, first access of a first user of a first webpage that is part of the first website, the first website providing multiple first products for sale and operated by a first entity, the first user interaction tracking module provided by an offer aggregator entity, the offer aggregator entity distinct from the first entity, the first website having a first theme providing a first look and feel for the first website; accessing a first profile of the first user; identifying, based on the first profile of the first user, multiple first offers to provide to the first user, each first offer of the multiple first offers defined by the first entity and having offer attributes including a first offer title and a first reference to one or more first products of the multiple first products, at least one first offer of the multiple first offers having an expiration date and time and further including a countdown, the countdown indicating the expiration date and time or an amount of time before the expiration date and time; providing for display to the first user in the first webpage the multiple first offers, each first offer for display including the first offer title and the first reference to the one or more first products, the at least one first offer further including the countdown, each first offer having the first theme; detecting, using a second user interaction tracking module associated with a second website, second access of a second user of a second webpage that is part of the second website, the second website providing multiple second products for sale and operated by a second entity, the second user interaction tracking module provided by the offer aggregator entity, the offer aggregator entity distinct from the second entity, the second website having a second theme providing a second look and feel for the second website, the second theme different from the first theme; accessing a second profile of the second user; identifying, based on the second profile of the second user, multiple second offers to provide to the second user, each second offer of the multiple second offers defined by the second entity and having offer attributes including a second offer title and a second reference to one or more second products of the multiple second products, at least one second offer of the multiple second offers further including a discount code, a threshold value of second products to be selected for purchase to be met to qualify for the discount code, and a progress indicator, the progress indicator indicating a progress of the second user in qualifying for the discount code; and providing for display to the second user in the second webpage the multiple second offers, each second offer for display including the second offer title and the second reference to the one or more second products, the at least one second offer further including the progress indicator, each second offer having the second theme. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a non-transitory computer-readable medium, processor, memory, system to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of providing multiple products for sale by accessing and identifying a profile and interaction data of the user. As discussed above, taking the claim elements separately, the non-transitory computer-readable medium, processor, memory, system perform(s) the steps or functions of detecting, using a first user interaction tracking module associated with a first website, first access of a first user of a first webpage that is part of the first website, the first website providing multiple first products for sale and operated by a first entity, the first user interaction tracking module provided by an offer aggregator entity, the offer aggregator entity distinct from the first entity, the first website having a first theme providing a first look and feel for the first website; accessing a first profile of the first user; identifying, based on the first profile of the first user, multiple first offers to provide to the first user, each first offer of the multiple first offers defined by the first entity and having offer attributes including a first offer title and a first reference to one or more first products of the multiple first products, at least one first offer of the multiple first offers having an expiration date and time and further including a countdown, the countdown indicating the expiration date and time or an amount of time before the expiration date and time; providing for display to the first user in the first webpage the multiple first offers, each first offer for display including the first offer title and the first reference to the one or more first products, the at least one first offer further including the countdown, each first offer having the first theme; detecting, using a second user interaction tracking module associated with a second website, second access of a second user of a second webpage that is part of the second website, the second website providing multiple second products for sale and operated by a second entity, the second user interaction tracking module provided by the offer aggregator entity, the offer aggregator entity distinct from the second entity, the second website having a second theme providing a second look and feel for the second website, the second theme different from the first theme; accessing a second profile of the second user; identifying, based on the second profile of the second user, multiple second offers to provide to the second user, each second offer of the multiple second offers defined by the second entity and having offer attributes including a second offer title and a second reference to one or more second products of the multiple second products, at least one second offer of the multiple second offers further including a discount code, a threshold value of second products to be selected for purchase to be met to qualify for the discount code, and a progress indicator, the progress indicator indicating a progress of the second user in qualifying for the discount code; and providing for display to the second user in the second webpage the multiple second offers, each second offer for display including the second offer title and the second reference to the one or more second products, the at least one second offer further including the progress indicator, each second offer having the second theme. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of providing multiple products for sale by accessing and identifying a profile and interaction data of the user. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 2-8, and 10-19 further describe the abstract idea of providing multiple products for sale by accessing and identifying a profile and interaction data of the user. Claim(s) 2-8, and 10-19 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a non-transitory computer-readable medium, system, display, to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of providing multiple products for sale by accessing and identifying a profile and interaction data of the user. As discussed above, taking the claim elements separately, the non-transitory computer-readable medium, system, display perform(s) the steps or functions of determining that the second user has selected one or more second products of the multiple second products for purchase; updating the progress indicator to obtain an updated progress indicator, the updated progress indicator indicating the progress of the second user in qualifying for the discount code; and providing the updated progress indicator in the at least one second offer; receiving the first theme for the multiple first offers; associating the first theme with the multiple first offers; receiving the second theme for the multiple second offers; and associating the second theme with the multiple second offers; providing for display a user interface having a user interface element for receiving an address of a website; receiving a first address of the first website in the user interface element of the user interface; receiving a first request to obtain the first theme from the first website using the first address; receiving a second address of the second website in the user interface element of the user interface; and receiving a second request to obtain the second theme from the second website using the second address; wherein receiving the first theme for the multiple first offers includes obtaining, using the first address, the first theme from the first website, and wherein receiving the second theme for the multiple second offers includes obtaining, using the second address, the second theme from the second website; identifying one or more first rules associated with the multiple first offers, at least one first rule of the one or more first rules including at least one first condition, and wherein identifying, based on the first profile of the first user, the multiple first offers to provide to the first user includes determining that the at least one first condition of the at least one first rule is met; identifying one or more priorities associated with the multiple first offers, and wherein providing for display to the first user the multiple first offers includes providing for display to the first user the multiple first offers in an order based on the one or more priorities associated with the multiple first offers; wherein the at least one first offer further includes at least one of a discount code for the one or more first products and a link to the one or more first products; generating the multiple first offers for display to the first user, wherein generating the multiple first offers for display to the first user occurs at substantially a same time as detecting, using the first user interaction tracking module associated with the first website providing multiple first products for sale, the first access of the first user of the first webpage that is part of the first website occurs at a first time. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of providing multiple products for sale by accessing and identifying a profile and interaction data of the user. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Prior Art
5. In reference to independent claims 1, 9, and 20, the Office is unaware of any references that teach, individually or without an unreasonable combination of references, the combination of limitations found in the claims of:
“detecting, using a first user interaction tracking module associated with a first website, first access of a first user of a first webpage that is part of the first website, the first website providing multiple first products for sale and operated by a first entity, the first user interaction tracking module provided by an offer aggregator entity, the offer aggregator entity distinct from the first entity, the first website having a first theme providing a first look and feel for the first website; accessing a first profile of the first user; identifying, based on the first profile of the first user, multiple first offers to provide to the first user, each first offer of the multiple first offers defined by the first entity and having offer attributes including a first offer title and a first reference to one or more first products of the multiple first products, at least one first offer of the multiple first offers having an expiration date and time and further including a countdown, the countdown indicating the expiration date and time or an amount of time before the expiration date and time; providing for display to the first user in the first webpage the multiple first offers, each first offer for display including the first offer title and the first reference to the one or more first products, the at least one first offer further including the countdown, each first offer having the first theme; detecting, using a second user interaction tracking module associated with a second website, second access of a second user of a second webpage that is part of the second website, the second website providing multiple second products for sale and operated by a second entity, the second user interaction tracking module provided by the offer aggregator entity, the offer aggregator entity distinct from the second entity, the se