Prosecution Insights
Last updated: April 17, 2026
Application No. 18/421,437

Useful and Novel Shopping Application

Non-Final OA §103
Filed
Jan 24, 2024
Examiner
POND, ROBERT M
Art Unit
3688
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
unknown
OA Round
2 (Non-Final)
71%
Grant Probability
Favorable
2-3
OA Rounds
3y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
495 granted / 695 resolved
+19.2% vs TC avg
Strong +42% interview lift
Without
With
+42.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
20 currently pending
Career history
715
Total Applications
across all art units

Statute-Specific Performance

§101
22.6%
-17.4% vs TC avg
§103
38.9%
-1.1% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 695 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment Newly filed claims 16-29 filed July 23, 2025 are withdrawn based upon original presentation. Original Presentation Newly submitted claims 16-29 filed July 23, 2025 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Originally examined Claim 1 filed 04/08/2024 Claim 16 (New) filed 07/23/2025 A method of processing a product request originating from a user, the method comprising: A method to facilitate online and mobile product and service requests originating from a user through a user-specific profile and purchasing platform wherein a user's profile, user's preferences, user's purchasing history and user's purchasing information is collectable and accessible to generate user-specific recommended or suggested products, services, or a combination thereof, to user, comprising: providing to a user a user profile including at least, a model of the user and a model of a person or item associated with the user; Claimed Not claimed Not claimed Not claimed providing a user profile including at least, the profile as an algorithm; Not claimed providing a user profile including at least, the profile as an API; Not claimed providing a user profile including at least, the profile as a data file, a model of the user and a model of a person or item associated with the user; Not claimed receiving a product request from the user comprising one or more of a photo, an API, algorithm, an advertisement or an auditory command; Claimed Not claimed Not claimed Not claimed using an AI engine to interpret the request and generate queries; Not claimed including an AI Agent, bot or voice command; Not claimed Claimed Claimed executing the queries and receiving responsive product information; Claimed using the AI engine to interpret the received responsive product information; Not claimed using the AI engine to match and/or filter user preferences stored in the profile; and Not claimed returning the interpreted result to the user. Claimed Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 16-29 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03. To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention. Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention. Comments The withdrawn claims can be entered for examination under a Request for Continued Examination (RCE) as an alternative to petition. Barring any unforeseen matters that may prevent examination, the claims filed July 23, 2025 if filed as is or amended under RCE would be examined. Patent counsel is welcome to schedule a telephonic interview if further discussion is necessary. Conclusion THIS ACTION IS MADE FINAL. 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 ROBERT M POND whose telephone number is (571) 272-6760. The examiner can normally be reached M-F, 8:30 AM-6:30 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ROBERT M POND/Primary Examiner, Art Unit 3688 October 21, 2025
Read full office action

Prosecution Timeline

Jan 24, 2024
Application Filed
Sep 04, 2024
Non-Final Rejection — §103
Mar 05, 2025
Response after Non-Final Action
Mar 05, 2025
Response Filed
Jul 23, 2025
Response Filed
Oct 21, 2025
Final Rejection — §103
Jan 20, 2026
Request for Continued Examination
Feb 02, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12597061
AUTOMATED ORDER PLACEMENT, PAYMENT, AND SHIPPING SYSTEM FOR ONLINE SHOP, AND METHOD OF OPERATING ONLINE SHOP FOR AUTOMATED ORDER PLACEMENT, PAYMENT, AND SHIPPING
2y 5m to grant Granted Apr 07, 2026
Patent 12597059
SYSTEM AND METHOD FOR DYNAMIC REAL-TIME CROSS-SELLING OF PASSENGER ORIENTED TRAVEL PRODUCTS
2y 5m to grant Granted Apr 07, 2026
Patent 12597060
GENERATIVE APPAREL RECOMMENDATIONS USING IMAGES OF A PERSON DURING THE COURSE OF A COMMUNICATIONS SESSION AMONG USERS
2y 5m to grant Granted Apr 07, 2026
Patent 12586124
SYSTEM AND METHOD FOR FACILITATING THE RESALE OF GOODS
2y 5m to grant Granted Mar 24, 2026
Patent 12579562
FASHION DATABASE SYSTEM, METHOD FOR CONTROLLING FASHION DATABASE, AND FASHION DATABASE PROGRAM
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
71%
Grant Probability
99%
With Interview (+42.4%)
3y 4m
Median Time to Grant
Moderate
PTA Risk
Based on 695 resolved cases by this examiner. Grant probability derived from career allow rate.

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