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 . 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.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. These papers have been placed of record in the file. A certified English translation is required but has not been filed. A certified English translation is necessary due to the presence of at least one intervening reference that could otherwise be relied upon in a future rejection.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome a rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Applicant is advised that a certified English translation of the foreign application must be submitted in order for applicant to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d). See 37 CFR 41.154(b) and 41.202(e) or 37 CFR 1.55 and MPEP § 201.15, respectively. Failure to provide a certified translation would result in no benefit being accorded for the non-English application.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
This is noted because in the recitation “a control unit that processes information and holds an auction,” examiner has considered the application of 35 USC 112(f) to the term “control unit,” and has determined that “that processes information” is understood as describing the control unit, rather than only as a function performed by the control unit. As a result examiner has determined that “control unit that processes” is understood as a processor without reference to the specification. This is confirmed by the rest of the claim wherein the “control unit executes” several processes. As detailed above therefore “control unit” is not interpreted under 35 USC 112(f).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 uses the term “reproduction source” in its third indented section in a location where the other independent claims recite “reprint source,” but then reverts back to “reprint source” in the next section. Examiner for present purposes is interpreting the terms as referring to the same element, but this should be clarified as a person reading the claims might interpret the different terms to refer to different elements.
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 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention (i.e., process, machine, manufacture, or composition of matter) (step 1). If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea) (step 2A), and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception (step 2B). Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 189 L. Ed. 2d 296, 2014 U.S. LEXIS 4303, 110 U.S.P.Q.2D (BNA) 1976, 82 U.S.L.W. 4508, 24 Fla. L. Weekly Fed. S 870, 2014 WL 2765283 (U.S. 2014); MPEP 2106.
Step 1:
In the instant case claims 1-5 are directed to a machine, claim 6 is directed to a process, and claim 7 is directed to a manufacture. All claims are therefore within statutory categories. See MPEP 2106.03, Eligibility Step 1.
Step 2A, Prong 1:
These claims also recite, inter alia,
“a process of generating and registering exhibit preparation information for an auction by receiving values of one or more reprint source items comprising post information posted by a user from a reprint source system and registering each of the values in predetermined reprint destination items, a process of receiving information on views or reactions collected for the post information as reaction information from the reprint source system and registering the information, a process of leading the user to confirm exhibit information and the user to instruct an exhibition by presenting an exhibit confirmation screen for the user to edit the registered exhibit preparation information together with additional exhibit information as the exhibit information in accordance with an exhibit instruction by the user, a process of generating an auction start screen based on the exhibit information confirmed and executing the auction, and a process of simultaneously distributing the exhibit information together with a link to access the auction start screen for simultaneous bidding among a group of user(s) identified by the registered reaction information after the auction start screen is generated.” Claim 6.
An analysis of the above limitations, each on its own and all together combined, results in the conclusion that each recites an abstract idea and the combination simply recites a more detailed abstract idea. The recited abstract idea falls within the grouping of abstract ideas described as certain methods of organizing human activity, for example commercial interactions (including advertising, marketing or sales activities or behaviors; business relations). See MPEP 2106.04(a); Eligibility Step 2A1. The claims must therefore be analyzed under the second prong of Eligibility Step 2 (Step 2A2; MPEP 2106.04(d)).
Step 2A, Prong 2:
In order to address prong 2 (MPEP 2106.04(d), Eligibility Step2A2) we must identify whether there are any additional elements beyond the abstract ideas and determine whether those additional elements (if there are any) integrate the abstract idea into a practical application. MPEP 2106.04(d), Eligibility Step 2A2. There are no additional elements in the present claims, although the terms “source system,” “screen,” and “a link to access the auction start screen,” imply that additional elements might be present though not recited in the claims. In any case even given the most generous interpretation, the elements considered individually, in combination, and altogether as a whole together with the functions they perform, e.g., a source of reprint items, a display, and an indicator of a location of a display, these additional elements do not integrate the judicial exception into a practical application because they amount to no more than a mere suggestion that the abstraction might be applied using generic computer components. The claim is almost entirely a recitation of abstract ideas. The substantive process is recited only by descriptions of abstract intended results of the steps without indicating any particular functional acts performed by any device or structural element to perform the steps or otherwise obtain the intended results. The additional elements do not improve the functioning of any computer or other technology or technical field, they do not apply the judicial exception with or by use of a particular machine, they do not transform or reduce a particular article to a different state or thing, and they fail to apply or use the judicial exception beyond generally linking the use of the judicial exception to a particular technological environment. See MPEP 2106.05.
If the disclosure describes any improvements to the functioning of a computer or to any other technology or technical field this improvement would need to be identifiable as the subject matter appearing in the claims. An indication that the claimed invention provides an improvement can include a discussion in the specification that identifies technical improvements realized by the claim over the prior art. The disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. MPEP 2106.05(a).
Claim limitations can integrate a judicial exception into a practical application by implementing the judicial exception with or using it in conjunction with a particular machine or manufacture that is integral to the claim. A general purpose computer that applies a judicial exception by use of generic computer functions does not qualify as a particular machine. Ultramercial, Inc. v. Hulu, LLC, (Fed. Cir. 2014); MPEP 2106.05(b),(f). There are no particular machines or manufactures identified in the present claims. The method is described only by way of the intended functional results of unidentified activities, without reference to any particular functional acts or specific functions performed by any particularly identified machines, and without reference to its use in conjunction with any particular item of manufacture.
The claims do not affect the transformation or reduction of a particular article to a different state or thing. Changing to a different state or thing means more than simply using an article or changing the location of an article. A new or different function or use can be evidence that an article has been transformed. Purely mental processes in which data, thoughts, impressions, or human based actions are "changed" are not considered a transformation. MPEP 2106.05(c).
The claims do not apply or use the judicial exception in any other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment. As a result the claim as a whole appears to be a drafting effort designed to monopolize the exception. MPEP 2106.05(e),(h).
The additional elements have not been found to integrate the abstract idea into a practical application.
Step 2B:
Although the additional elements have not been found to integrate the abstract idea into a practical application the claims could still be eligible if they recite additional elements that amount to an inventive concept (“significantly more” than the judicial exception). MPEP 2106.05, Eligibility Step 2B.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the sparse additional elements of the claim are mere props supporting instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f). The claims invoke computers or other machinery merely as tools to perform an abstract process. Simply adding a general purpose computer or computer components after the fact to an abstract idea does not provide significantly more. MPEP 2106.05(f)(2); see also OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 2015 U.S. App. LEXIS 9721, 115 U.S.P.Q.2D (BNA) 1090 (Fed. Cir. 2015) (“relying on a computer to perform routine tasks more quickly or more accurately is insufficient to render a claim patent eligible.”). The elements are recited at a high level of generality, merely implement abstract ideas using generic computers, and fail to present a technical solution to a technical problem created by the use of the surrounding technology. Limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself. See Ret. Capital Access Mgmt. Co. v. U.S. Bancorp, 611 Fed. Appx. 1007, 2015 U.S. App. LEXIS 14351 (Fed. Cir. 2015) (“It may be very clever; it may be very useful in a commercial context, but they are still abstract ideas,” said Circuit Judge Alan Lourie.). MPEP 2106.05(h).
No technical problem is indicated and the claims are not directed to a technical solution to such a problem. The method claimed is a nontechnical series of steps taken to practice an entrepreneurial activity. It ultimately only describes the abstract idea while indicating the intention to “apply it.”
Finally, it is reiterated that the remaining dependent claims 2-5 do not contribute any additional elements other than those already discussed and do not add "significantly more" to establish eligibility because they merely recite additional abstract ideas that further describe calculations and identification of data used in implementing the abstract idea. A more detailed abstract idea is still abstract. PricePlay.com, Inc. v. AOL Adver., Inc., 627 Fed. Appx. 925, 2016 U.S. App. LEXIS 611, 2016 WL 80002 (Fed. Cir. Jan. 7, 2016) (in addressing a bundle of abstract ideas stacked together during oral argument, U.S. Circuit Judge Kimberly Moore said, "All of these ideas are abstract…. It’s like you want a patent because you combined two abstract ideas and say two is better than one.").
All of the above leads to the conclusion that additional claim elements do not provide meaningful limitations to transform the claimed subject matter into significantly more than an abstract idea. MPEP 2106.05; Eligibility Step 2B. As a result the claims are rejected under 35 USC 101 as being directed to non-statutory subject matter because they recite an abstract idea without being directed to a practical application, and they do not amount to significantly more than the abstract idea. MPEP 2106.05, supra..
The preceding analysis applies to all statutory categories of invention. Accordingly, claims 1-7 are rejected as ineligible for patenting under 35 USC 101 based upon the same analysis.
Claim Rejections - 35 USC § 103
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.
Claims 1-2 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Filppula (Pub. No.: US 2013/0262257 A1) in view of SASAMURA (JP 2002032619 A).
Filppula teaches an auction management system including, pertaining to
Claim 1. An auction management system comprising: ● a control unit that processes information and holds an auction (see at least Filppula fig. 8), a storage device in which a non-transitory program used in the processing of the control unit is stored (see at least Filppula fig. 8, ¶0070 “implemented in computer system 800 using hardware, software, firmware, tangible computer readable media having instructions stored thereon, or a combination thereof”), wherein the control unit executes: ● a process of generating and registering exhibit preparation information for an auction by receiving values of one or more reprint source items comprising post information posted by a user from a reprint source system and registering each of the values in predetermined reprint destination items (see at least Filppula ¶0024 “The item database 108B may be configured to store various information relating to the listed items as well as the live auction items, such as the item's pre-funding requirement amount, the amount of fund received at certain moments and any rules/limitations applicable to specific items, such as the auction initiation criteria, bid eligibility set for the item and various criteria for reducing the countdown timer. Any data received from the user clients 104 as well as any data generated and/or obtained via the application modules disclosed herein, may be stored to and retrieved from the appropriate databases coupled to the database server”. Please note: this limitation is interpreted as receiving information regarding the item to be registered for auction from a source where the information is available to be reprinted in preparation of an auction exhibit.), ● a process of receiving information on views or reactions collected for the post information as reaction information from the reprint source system and registering the information (see at least Filppula figs. 6-7, ¶0037 “utilizing the "Like" feature of the Facebook, tweeting on the Tweeter, or creating a thread in a web forum. The auction system 100 may be configured to analyze such activities and award the user with various benefits,” ¶0039 “a user may provide reviews about the listed items or provide/receive feedbacks”), ● a process of leading the user to confirm exhibit information and the user to instruct an exhibition by presenting an exhibit confirmation screen for the user to edit the registered exhibit preparation information together with additional exhibit information as the exhibit information in accordance with the exhibit instruction by the user (see at least Filppula ¶0021 “auction management features may include, but are not limited to, one or more of countdown timer management features, user verification features, user classification or level management features, as well as auction control items, which are described in further detail below,” ¶0024 “various information relating to the listed items as well as the live auction items, such as the item's pre-funding requirement amount, the amount of fund received at certain moments and any rules/limitations applicable to specific items, such as the auction initiation criteria, bid eligibility set for the item and various criteria for reducing the countdown timer. Any data received from the user clients 104 as well as any data generated and/or obtained via the application modules disclosed herein, may be stored to and retrieved from the appropriate databases,” ¶0026 “provide a suitable user interfaces to enable the users to access the auction system 100. … It is sufficient that the user clients allow the user to access the auction system 100 and interact with various application modules to facilitate necessary data exchanges,” ¶0052 “countdown timer indicates how long the item will remain up for auction …. The pre-determined time period may be configured by … the seller,” ¶0055 “Various other criteria can be configured by … the seller to optimize the auction configuration”), ● a process of generating an auction start screen based on the exhibit information confirmed and executing the auction (see at least Filppula figs.5-7; ¶0007 “When one or more auction initiation criteria are met, the auction for the item is initiated”).
Filppula teaches all of the above, and all of the below, as noted. It teaches, a) setting up an auction, b) preparing exhibit information, c) collecting reaction information for the posted exhibit, and d) distributing the exhibit information together with a link to access the auction (see at least Filppula ¶0037 “information or an online link to a specific item listed on the auction system can be distributed on the third-party SNS by, for example, utilizing the "Like" feature of the Facebook, tweeting on the Tweeter, or creating a thread in a web forum”), but does not explicitly disclose a process of simultaneously distributing the exhibit information together with a link to access the auction start screen for simultaneous bidding to a group of user(s) identified by the registered reaction information after the auction start screen is generated.
Sasamura also teaches a) setting up an auction, b) preparing exhibit information, and c) collecting reaction information for the posted exhibit, and further discloses ● a process of simultaneously distributing the exhibit information together with a link to access the auction start screen for simultaneous bidding to a group of user(s) identified by the registered reaction information after the auction start screen is generated (see at least Filppula ¶0037 in view of Sasamura ¶0006 “when the bidder notifies the seller of the selling target, the seller refers to the database, and among the e-mail addresses of the bidders registered in advance, the seller or the seller who wishes to bid is notified. The mailing list creation means for extracting the e-mail address of the bid applicant to whom the trade target applies, and creating a mailing list including the e-mail address, the e-mail address of the bid applicant, and the trade object or classification for which bidding is desired,” ¶0007 “a combination of data indicating an e-mail address and an identification code indicating a trading target or classification. Then, the mailing list creating means registers data capable of creating a mailing list,” ¶0008 “when the bidder notifies the seller of the listing to be sold, the mailing list creating means refers to the database and searches the e-mail address indicated by the bidder data for the bidding target. A mailing list including an e-mail address of a bid applicant who has previously transmitted his / her request to the electronic competition sales and brokerage system based on bid applicant data is created,” ¶0012 (p.3¶5) “system 4 determines in S3 that "the product or the product is A mailing list is created from purchasers who have registered in advance, "I want to purchase classifications that include this category." Further, in S4, an e-mail (guidance mail) indicating the start of e-competition is created as an e-mail indicating the status of e-competition, and in S5, the e-mail is simultaneously transmitted to the mailing list”).
Therefore it would have been obvious to one of ordinary skill in the art at the time of invention (for pre-AIA applications) or filing (for applications filed under the AIA ) to modify the method of Filppula to include a process of simultaneously distributing the exhibit information together with a link to access the auction start screen for simultaneous bidding to a group of user(s) identified by the registered reaction information after the auction start screen is generated, as taught by Sasamura since the claimed invention is merely a combination of old elements and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictable and would result in an improvement. This is because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such features even from a variety of technical fields into methods and systems implemented using similar technological structures (i.e., generic computer and/or network hardware such as processors, servers, etc.). In this case the areas of technical endeavor are nonetheless similar and overlapping.
Applicant has not disclosed that the added feature solves any stated problem or is for any particular purpose beyond the performance of the functions they performed separately and since each element and its function are shown in the prior art the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. It would therefore have been an obvious matter of design choice to include the feature from Sasamura in the method of Filppula. Furthermore the combination solved no long felt need. Incorporating cumulative known features is additionally obvious to one of ordinary skill in the art because doing so increases commercial use of a method by attracting users that previously might have chosen between one of the previously known methods.
Filppula in view of Sasamura discloses
Claim 2. The auction management system according to claim 1, wherein the additional exhibit information includes information for the user to select the auction rules (see at least Filppula ¶0024 “various information relating to the listed items as well as the live auction items, such as the item's pre-funding requirement amount, the amount of fund received at certain moments and any rules/limitations applicable to specific items, such as the auction initiation criteria, bid eligibility set for the item and various criteria for reducing the countdown timer. Any data received from the user clients 104 as well as any data generated and/or obtained via the application modules disclosed herein, may be stored to and retrieved from the appropriate databases”).Claim 4. The auction management system according to claim 2 or 3, wherein the auction rules include a bidding fee consumption type rule that is: ● the user who is a seller is not burdened with points (see at least Filppula ¶0004 “the user in the fee-based auction system is required to purchase a bid credit in order to place a bid on the item. In other words, the user needs to pay a fee to bid on the item” (indicating no fee (payment for points/credits) is required from seller)); ● the group of user(s) who bid simultaneously bear points corresponding to the bidding fee determined by the user who is the seller on the exhibit confirmation screen (see at least Filppula figs.2, 5-7, ¶0005 “bid credit seller (i.e., the auction operator) gains profit by selling additional bid credits to the users,” ¶0050 “Each item listed in the auction system 100 has its own pre-funding requirement, which may be set by the seller”); ● the points incurred by the group of user(s) who bid simultaneously are not refunded (see at least Filppula ¶0005 “bid credit seller (i.e., the auction operator) gains profit by selling additional bid credits to the users”. Please note: the seller or operator gaining profit from it indicates it is not refunded.); and ● the user who is the seller gets points for an amount corresponding to the bidding fee incurred by the user for the simultaneous bidding (see at least Filppula ¶0005 “the bid credit seller (i.e., the auction operator) gains profit by selling additional bid credits to the users”).Claim 5. The auction management system according to claim 1 or 2, wherein the additional exhibit information includes information that causes the user who is the seller to purchase or consume points at the start of the auction (see at least Filppula abstract “item has a predetermined pre-funding requirement amount that needs to be satisfied for the item to become a live auction item,” figs. 6-7).Claim 6. An auction management method that is executed by a control unit of an auction management system that has the control unit that processes information and holds an auction and a storage device in which a non-transitory program used in the processing of the control unit is stored (see at least Filppula fig. 8, ¶0070 “implemented in computer system 800 using hardware, software, firmware, tangible computer readable media having instructions stored thereon, or a combination thereof”), wherein the control unit executes:
● a process of generating and registering exhibit preparation information for an auction by receiving values of one or more reprint source items comprising post information posted by a user from a reprint source system and registering each of the values in predetermined reprint destination items (see at least Filppula ¶0024 “The item database 108B may be configured to store various information relating to the listed items as well as the live auction items, such as the item's pre-funding requirement amount, the amount of fund received at certain moments and any rules/limitations applicable to specific items, such as the auction initiation criteria, bid eligibility set for the item and various criteria for reducing the countdown timer. Any data received from the user clients 104 as well as any data generated and/or obtained via the application modules disclosed herein, may be stored to and retrieved from the appropriate databases coupled to the database server”. Please note: this limitation is interpreted as receiving information regarding the item to be registered for auction from a source where the information is available to be reprinted in preparation of an auction exhibit.), ● a process of receiving information on views or reactions collected for the post information as reaction information from the reprint source system and registering the information (see at least Filppula figs. 6-7, ¶0037 “utilizing the "Like" feature of the Facebook, tweeting on the Tweeter, or creating a thread in a web forum. The auction system 100 may be configured to analyze such activities and award the user with various benefits,” ¶0039 “a user may provide reviews about the listed items or provide/receive feedbacks”), ● a process of leading the user to confirm exhibit information and the user to instruct an exhibition by presenting an exhibit confirmation screen for the user to edit the registered exhibit preparation information together with additional exhibit information as the exhibit information in accordance with the exhibit instruction by the user (see at least Filppula ¶0021 “auction management features may include, but are not limited to, one or more of countdown timer management features, user verification features, user classification or level management features, as well as auction control items, which are described in further detail below,” ¶0024 “various information relating to the listed items as well as the live auction items, such as the item's pre-funding requirement amount, the amount of fund received at certain moments and any rules/limitations applicable to specific items, such as the auction initiation criteria, bid eligibility set for the item and various criteria for reducing the countdown timer. Any data received from the user clients 104 as well as any data generated and/or obtained via the application modules disclosed herein, may be stored to and retrieved from the appropriate databases,” ¶0026 “provide a suitable user interfaces to enable the users to access the auction system 100. … It is sufficient that the user clients allow the user to access the auction system 100 and interact with various application modules to facilitate necessary data exchanges,” ¶0052 “countdown timer indicates how long the item will remain up for auction …. The pre-determined time period may be configured by … the seller,” ¶0055 “Various other criteria can be configured by … the seller to optimize the auction configuration”), ● a process of generating an auction start screen based on the exhibit information confirmed and executing the auction (see at least Filppula figs.5-7; ¶0007 “When one or more auction initiation criteria are met, the auction for the item is initiated”), and ● a process of simultaneously distributing the exhibit information together with a link to access the auction start screen for simultaneous bidding to a group of user(s) identified by the registered reaction information after the auction start screen is generated (see at least Filppula ¶0037 in view of Sasamura ¶0006 “when the bidder notifies the seller of the selling target, the seller refers to the database, and among the e-mail addresses of the bidders registered in advance, the seller or the seller who wishes to bid is notified. The mailing list creation means for extracting the e-mail address of the bid applicant to whom the trade target applies, and creating a mailing list including the e-mail address, the e-mail address of the bid applicant, and the trade object or classification for which bidding is desired,” ¶0007 “a combination of data indicating an e-mail address and an identification code indicating a trading target or classification. Then, the mailing list creating means registers data capable of creating a mailing list,” ¶0008 “when the bidder notifies the seller of the listing to be sold, the mailing list creating means refers to the database and searches the e-mail address indicated by the bidder data for the bidding target. A mailing list including an e-mail address of a bid applicant who has previously transmitted his / her request to the electronic competition sales and brokerage system based on bid applicant data is created,” ¶0012 (p.3¶5) “system 4 determines in S3 that "the product or the product is A mailing list is created from purchasers who have registered in advance, "I want to purchase classifications that include this category." Further, in S4, an e-mail (guidance mail) indicating the start of e-competition is created as an e-mail indicating the status of e-competition, and in S5, the e-mail is simultaneously transmitted to the mailing list”).Claim 7. A storage device in which is stored a non-transitory program to be executed by a computer that processes information and holds an auction (see at least Filppula fig. 8, ¶0070 “implemented in computer system 800 using hardware, software, firmware, tangible computer readable media having instructions stored thereon, or a combination thereof”), wherein the storage device comprising the non-transitory program that makes the computer execute: ● a process of generating and registering exhibit preparation information for an auction by receiving values of one or more reproduction source items comprising post information posted by a user from a reproduction source system and registering each of the values in predetermined reproduction destination items (see at least Filppula ¶0024 “The item database 108B may be configured to store various information relating to the listed items as well as the live auction items, such as the item's pre-funding requirement amount, the amount of fund received at certain moments and any rules/limitations applicable to specific items, such as the auction initiation criteria, bid eligibility set for the item and various criteria for reducing the countdown timer. Any data received from the user clients 104 as well as any data generated and/or obtained via the application modules disclosed herein, may be stored to and retrieved from the appropriate databases coupled to the database server”. Please note: this limitation is interpreted as receiving information regarding the item to be registered for auction from a source where the information is available to be reprinted in preparation of an auction exhibit.), ● a process of receiving and registering information on views or reactions collected for the post information as reaction information from the reprint source system (see at least Filppula figs. 6-7, ¶0037 “utilizing the "Like" feature of the Facebook, tweeting on the Tweeter, or creating a thread in a web forum. The auction system 100 may be configured to analyze such activities and award the user with various benefits,” ¶0039 “a user may provide reviews about the listed items or provide/receive feedbacks”), ● a process of leading the user to confirm exhibit information and the user to instruct an exhibition by presenting an exhibit confirmation screen for the user to edit the registered exhibit preparation information together with additional exhibit information as the exhibit information in accordance with an exhibit instruction by the user (see at least Filppula ¶0021 “auction management features may include, but are not limited to, one or more of countdown timer management features, user verification features, user classification or level management features, as well as auction control items, which are described in further detail below,” ¶0024 “various information relating to the listed items as well as the live auction items, such as the item's pre-funding requirement amount, the amount of fund received at certain moments and any rules/limitations applicable to specific items, such as the auction initiation criteria, bid eligibility set for the item and various criteria for reducing the countdown timer. Any data received from the user clients 104 as well as any data generated and/or obtained via the application modules disclosed herein, may be stored to and retrieved from the appropriate databases,” ¶0026 “provide a suitable user interfaces to enable the users to access the auction system 100. … It is sufficient that the user clients allow the user to access the auction system 100 and interact with various application modules to facilitate necessary data exchanges,” ¶0052 “countdown timer indicates how long the item will remain up for auction …. The pre-determined time period may be configured by … the seller,” ¶0055 “Various other criteria can be configured by … the seller to optimize the auction configuration”), ● a process of generating an auction start screen based on the confirmed exhibit information and causing the auction to be executed (see at least Filppula figs.5-7; ¶0007 “When one or more auction initiation criteria are met, the auction for the item is initiated”), ● a process of simultaneously distributing the exhibit information together with a link to access the auction start screen for simultaneous bidding among a group of user(s) identified by the registered reaction information after the auction start screen is generated (see at least Filppula ¶0037 in view of Sasamura ¶0006 “when the bidder notifies the seller of the selling target, the seller refers to the database, and among the e-mail addresses of the bidders registered in advance, the seller or the seller who wishes to bid is notified. The mailing list creation means for extracting the e-mail address of the bid applicant to whom the trade target applies, and creating a mailing list including the e-mail address, the e-mail address of the bid applicant, and the trade object or classification for which bidding is desired,” ¶0007 “a combination of data indicating an e-mail address and an identification code indicating a trading target or classification. Then, the mailing list creating means registers data capable of creating a mailing list,” ¶0008 “when the bidder notifies the seller of the listing to be sold, the mailing list creating means refers to the database and searches the e-mail address indicated by the bidder data for the bidding target. A mailing list including an e-mail address of a bid applicant who has previously transmitted his / her request to the electronic competition sales and brokerage system based on bid applicant data is created,” ¶0012 (p.3¶5) “system 4 determines in S3 that "the product or the product is A mailing list is created from purchasers who have registered in advance, "I want to purchase classifications that include this category." Further, in S4, an e-mail (guidance mail) indicating the start of e-competition is created as an e-mail indicating the status of e-competition, and in S5, the e-mail is simultaneously transmitted to the mailing list”).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Filppula (Pub. No.: US 2013/0262257 A1) in view of SASAMURA (JP 2002032619 A) as applied to claim 2 above, and further in view of Scherer et al. (Patent No.: US 8,694,386 B1).
Filppula in view of Sasamura discloses all of the above, and teaches pertaining to
Claim 3. The auction management system according to claim 2, wherein the auction rules include a forfeit type rule that is: ● the user deposits points on the exhibit confirmation screen as an exhibitor (see at least Filppula abstract “users are provided with a number of bid credits corresponding to their funding amount,” figs. 2, 6-7, ¶0051 “Each time the user funds an item, she will receive a number of bid credits corresponding to the funding amount”); ● the points are deposited when the group of user(s) performs a simultaneous input (see at least Filppula abstract “users are provided with a number of bid credits corresponding to their funding amount,” figs. 2, 6-7, ¶0051, in view of Sasamura ¶0012 (p.3¶5) “(guidance mail) indicating the start of e-competition is created as an e-mail indicating the status of e-competition, and in S5, the e-mail is simultaneously transmitted to the mailing list”); ● data of the points deposited are stored with bidding information (see at least Filppula abstract “users are provided with a number of bid credits corresponding to their funding amount, which can be used by the users in bidding on any of the live auction items,” figs. 2, 4, 6-7).
Filppula in view of Sasamura teaches all of the above but does not explicitly disclose the points are returned to the group of user(s) who have not canceled when a cancellation occurs after the auction results.
Scherer also teaches a) an online auction management system, b) the user deposits points on the exhibit confirmation screen as an exhibitor, and c) data of the points deposited are stored with bidding information, and further discloses
● the points are returned to the group of user(s) who have not canceled when a cancellation occurs after the auction results (see at least c11:60-67 “If the resulting number is less than the reserve amount, then the auction event 130 is deemed a cancelled auction, and the value for the access fees are returned to each participant 160”); ● the points stored are restored when no cancellations have occurred after the auction results (see at least c11:40-50 “auction event 130 may also be closed upon receiving a bid 150 for a value amount equivalent to the maximum amount or predetermined "buy it now" price …. The auction event 130 may also be closed upon action by a component of the system 100, … or by a user, such as the coordinator, who may manually override and terminate the auction event,” c11:65-c12:10 “Facilitating completion of the auction, as at 280, further comprises transmitting information to the item donor indicating the final disposition of the auction event, …. The item donor 170 may then use this information 138 to determine … from whom to collect payment” (indicating restoration of points to others)); and ● bidders other than a successful bidder of the auction will receive the points, which are returned immediately after an opening of the bidding (see at least c11:40-50, c11:65-c12:10).
Therefore it would have been obvious to one of ordinary skill in the art at the time of invention (for pre-AIA applications) or filing (for applications filed under the AIA ) to modify the method of Filppula in view of Sasamura to include the points are returned to the group of user(s) who have not canceled when a cancellation occurs after the auction results, as taught by Scherer since the claimed invention is merely a combination of old elements and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictable and would result in an improvement. This is because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such features even from a variety of technical fields into methods and systems implemented using similar technological structures (i.e., generic computer and/or network hardware such as processors, servers, etc.). In this case the areas of technical endeavor are nonetheless similar and overlapping.
Applicant has not disclosed that the added feature solves any stated problem or is for any particular purpose beyond the performance of the functions they performed separately and since each element and its function are shown in the prior art the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. It would therefore have been an obvious matter of design choice to include the feature from Scherer in the method of Filppula in view of Sasamura. Furthermore the combination solved no long felt need. Incorporating cumulative known features is additionally obvious to one of ordinary skill in the art because doing so increases commercial use of a method by attracting users that previously might have chosen between one of the previously known methods.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
● Adair et al., Pub. No.: US 2012/0084170 A1: teaches a variety of elements related to points donated, given, and gotten, for a variety of actions and functions involved in auction participation.
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/ADAM L LEVINE/Primary Examiner, Art Unit 3689 January 9, 2026