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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
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.
Claims 1-7, 9-23, 25-32 are 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
For examination purposes, claim 17 will be interpreted as drafted by the Examiner (see below).
Claim 17. A method for organizing a sale of goods and services through random determination, the method comprising:
providing a user, through an access module upon successful authorization using at least one of the user's personal data, an access to a system;
creating a user profile through a user profile creation module connected with the access module;
making a payment via a payment module;
selecting, by the user, goods or services from a catalog of goods and services;
granting the user the ability to:
input the information necessary for authorization, registration and for navigating the catalog of goods and services,
select goods or services from the catalog of goods and services,
make a payment by a user device with a controller connected with the
access module and the user profile creation module,
characterized in that:
information about goods and services from an online store database is synchronized with the catalog of goods and services, in which the information about the goods and services includes at least a name and a price of goods or services selected by the user;
generating, by a certificate generation module, certificates for the goods or services selected by the user and assigning the certificate a nominal value based on the price of the goods or services selected by the user;
providing the user with the ability to pay the nominal value of the certificate and purchase the certificate for the selected goods or services;
generating, by a unique number generator, a unique number for the certificate purchased by the user;
storing, in the memory unit, unique user numbers of users who purchased a certificate for the selected goods or services;
selecting, by a random number generator, the unique number for the certificate from the memory unit for storing unique user numbers in online mode;
sending, by the notification sending module, a push notification to users who purchased a certificate;
providing the user, whose unique number was selected by an online random number generator through a QR code generation module connected with the user profile creation module, an access to a QR code generator;
storing user profiles, user service visit history and the goods or services selected by the user, payment history, and results of the online random number generator.
Claim 1 contains similar limitations.
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, 9-23 and 25-32 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter (a judicial exception without significantly more). Claims are eligible for patent protection under § 101 if they are in one of the four statutory categories and not directed to a judicial exception to patentability. Alice Corp. v. CLS Bank Int'l, 573 U.S. 208 (2014). Claims 1-7,9-23 and 25-32, each considered as a whole and as an ordered combination, are directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1 recites a system. Claim 17 recites a method.
Step 2A, prong 1: Claim 17 recites the abstract idea of organizing a sale of goods and services. This idea is described by the following steps:
A method comprising:
creating a user profile;
making a payment;
selecting, by the user, goods or services from a catalog of goods and services;
granting the user the ability to:
select goods or services from the catalog of goods and services,
make a payment;
characterized in that:
information about the goods and services includes at least a name and a price of goods or services selected by the user,
generating certificates for the goods or services selected by the user and assigning the certificates a nominal value based on the price of the goods or services selected by the user,
providing the user with the ability to pay the nominal value of the certificate and purchase the certificate for the selected goods or services,
generating a unique number for the certificate purchased by the user,
selecting the unique number for the certificate.
Claim 1 recites equivalent limitations.
This idea falls into the certain methods of organizing human activity grouping of abstract ideas as it is directed towards commercial interactions including advertising, marketing or sales activities or behaviors (i.e., offering goods and services for sale).
Step 2A, prong 2: Claims 1 and 17 recite additional elements that fail to integrate the abstract idea into practical application.
Claims 1 and 17 recite a user device, a memory. However, these elements are generic computing components (see at least paragraphs 0160) that are simply used to perform operations that would otherwise be abstract (see MPEP2106.05(f)).
Claims 1 and 17 additionally recite an access module, payment module. However, these modules are recited at a high level of generality and are merely used as tools to perform the process (i.e., creating user profile, making payments) (see MPEP 2106.05(f)).
Although claims 1 and 17 also recite “synchronizing information about goods and services from an online store database with the catalog of goods and services; providing the user, whose unique number was selected by the online random number generator through the QR code generation module connected with the user profile creation module, an access to QR code generator,” this is set forth at a high level of generality and also describes routine use of known components for the same reasons. (See Specification ¶ 0053 describing the process of synchronizing).
Claims 1 and 17 also recite the limitations “inputting the information necessary for authorization, registration and for navigating the catalog of goods and services; storing, in the memory unit, unique user numbers of users who purchased a certificate for the selected goods and services; sending a push notification to users who purchased a certificate.” However, these limitations are considered insignificant extra solution activity as they amount to necessary data gathering and outputting, wherein all uses of the recited abstract idea require such data gathering (i.e. inputting information) and data output (i.e. sending a push notification (see2106.05(g)).
Step 2B: Claims 1 and 17 fail to recite additional elements that amount to an inventive concept.
For the reasons identified with respect to Step 2A, prong 2, claims 1 and 17 fail to recite additional elements that amount to an inventive concept. For example, use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more (see MPEP 2106.05(g)).
With respect to the limitations determined to be insignificant extra solution activity, these elements are similar to at least the following concepts determined by the courts to be insignificant extra solution activity that does not amount to significantly more than the abstract idea.
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information). For example, at least paragraph 31 describes a network system that facilitates a request for services received from a user including a selection of a merchant.
Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93. For example, at least paragraph 107 describes presenting an offer for an add-on order to be added to a primary order.
Dependent Claims Step 2A:
The limitations of the dependent claims merely set forth further refinements of the abstract idea identified at step 2A—Prong One, without changing the analysis already presented. Additionally, for the same reasons as above, the limitations fail to integrate the abstract idea into a practical application because they use the same general technological environment and instructions to implement the abstract idea as the independent claims identified at step 2A—Prong Two.
Dependent Claims Step 2B:
The dependent claims merely use the same general technological environment and instructions to implement the abstract idea. These do not amount to significantly more for the same reasons they fail to integrate the abstract idea into a practical application. Moreover, the Specification also indicates this is the routine use of known components for the same reasons presented with respect to the elements in the independent claims above.
Thus, when considering the combination of elements and the claimed invention as a whole, the claims are not patent eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20190385400 to Gotlieb et al. discloses a computer-implemented method for providing a lottery game providing a lottery ticket for purchase comprising processing a purchase of the lottery ticket, wherein the lottery ticket was part of a purchase transaction comprising at least one good or service.
US 20130006856 to Aoki discloses systems and methods for transactions using a flexible payment instrument. The recipient receives a normal gift voucher with a link to the item, but the recipient can purchase any item with his or her voucher (similar to a normal gift certificate or cash for one item at one value).
US 20160343057 to Andon et al. discloses systems and methods for reserving products, events, or services that have limited availability are provided. A product reservation system may be used to announce the availability of limited availability products. Consumers may participate in a product drawing session to submit one or more reservation requests for limited availability products.
US 20070078716 to Tews discloses a system and method for on-line merchandising utilizing a gaming or promotional format which includes the on-line purchase of a pre-determined number of bids or entries each representing an equal opportunity for being awarded preselected merchandise at a reduced cost. A customer having purchased one or more bids from a bid pool will be awarded the merchandise at a reduced price by holding a randomly selected winning bid.
US 6443843 to Walker et al. discloses a method for providing a product in which a selection of a product is received from a customer, a fee to play a game is received, an outcome of the game is determined, the product is provided to the customer if the outcome is a winning outcome, and a portion of the fee is credited to the customer if the outcome is a losing outcome.
US 20120310718 to Ozinga discloses a system and method for randomly providing free goods and services. Once a purchase is made by the consumer using the handheld device or personal computer, the software application and proprietary software system randomly selects a predetermined percentage of the transactions at each participating merchant or service provider to be free of charge.
The prior art of record neither anticipates nor renders obvious the combination of: providing a user, through an access module upon successful authorization using at least one of the user's personal data, an access to a system; creating a user profile through a user profile creation module connected with the access module; making a payment via a payment module; selecting, by the user, goods or services from a catalog of goods and services; granting the user the ability to: input the information necessary for authorization, registration and for navigating the catalog of goods and services,
select goods or services from the catalog of goods and services, make a payment by a user device with a controller connected with the access module and the user profile creation module, characterized in that: information about goods and services from an online store database is synchronized with the catalog of goods and services, in which the information about the goods and services includes at least a name and a price of goods or services selected by the user; generating, by a certificate generation module, certificates for the goods or services selected by the user and assigning the certificate a nominal value based on the price of the goods or services selected by the user; providing the user with the ability to pay the nominal value of the certificate and purchase the certificate for the selected goods or services; generating, by a unique number generator, a unique number for the certificate purchased by the user; storing, in the memory unit, unique user numbers of users who purchased a certificate for the selected goods or services; selecting, by a random number generator, the unique number for the certificate from the memory unit for storing unique user numbers in online mode; sending, by the notification sending module, a push notification to users who purchased a certificate; providing the user, whose unique number was selected by an online random number generator through a QR code generation module connected with the user profile creation module, an access to a QR code generator; storing user profiles, user service visit history and the goods or services selected by the user, payment history, and results of the online random number generator.
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/MILA AIRAPETIAN/Primary Examiner, Art Unit 3688