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 .
Status of Application
Claim(s) 1-7, 9-17, and 19-20 were previously pending and were rejected in the previous office action. Claim(s) 1, 5, 11, and 15 were amended. Claim(s) 2-4, 6-7, 9-10, 12-14, 16-17, and 19-20 were left as originally/previously presented. Claim(s) 8 and 18 were cancelled. Claim(s) 1-7, 9-17, and 19-20 are currently pending and have been examined.
Continued Examination under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 21, 2026, has been entered.
Response to Arguments
Claim Rejections - 35 USC § 101
Applicant’s arguments, see page(s) 8-13 of Applicant’s Response, filed December 22, 2025, with respect to ‘Alice,’ 35 USC § 101 rejection of Claim(s) 1-7, 9-17, and 19-20, have been fully considered but they are not persuasive.
First, Applicant argues, on page(s) 8-10, that the amended Independent
Claim(s) 1 and 11, do not fall within the revised Step 2A prong 1 framework under the grouping of “Certain Methods of Organizing Human Activity.”
As an initial matter, the above grouping along with its sub-groupings can encompass both activity of a single person (for example, a person following a set of instructions or a person signing a contract online) and activity that involves multiple people (such as a commercial interaction), and thus, certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the "certain methods of organizing human activity" grouping. It is noted that the number of people involved in the activity is not dispositive as to whether a claim limitation falls within this grouping. Instead, the determination should be based on whether the activity itself falls within one of the sub-grouping(s).
In this case, Independent Claim(s) 1 and 11, are directed to an abstract idea without significantly more. The claim as a whole recite limitation(s) that are directed to an abstract idea of certain methods of organizing human activity: fundamental economic practices or principles, commercial or legal interactions (e.g., business relations) and/or managing personal behavior or relationships or interactions between people (e.g., including social activities and/or following rules or instructions). In particular Independent Claim(s) 1 and 11, recite(s) “constructing a population space of customers based on historical data, each customer of the population space being defined by a vector of features of shopping behavior and interest over products in a store,” “constructing an objective function of interest concerning the customers and the store,” “find, based on the objective function of interest, a store layout that maximizes one or more metrics relating to the customers and products of the store,” “generating an optimized layout for the store based on an outcome,” “wherein the optimized layout satisfies the objective function of interest and is based on buying preferences of the customers,” “obtaining a set of restrictions that are employed during execution of a simulation of a first candidate optimized layout, the set of restrictions defining when a simulated customer, who is interacting with the first candidate optimized layout during the simulation, is selected for deletion form the simulation, wherein the set of restrictions define when the deletion of the simulated customer from the simulation is to occur, said deletion being based on a movement of the simulated customer within the first candidate optimized layout during the simulation, and wherein the set of restrictions further impose a penalty to the first candidate optimized layout when the simulated customer is caused to be deleted from the simulation,” “sending the first candidate optimized layout to a simulation process to perform the simulation, wherein the first candidate optimized layout is based on dimensions of the store and includes an arrangement of the product,” “running the simulation for the first candidate optimized layout based on a radius of purchase and a purchase probability, wherein running the simulation includes executing the set of restrictions,” “determining that the first candidate optimized layout is a degenerate solution as a result of the simulated customer being deleted and the penalty being imposed,” and “updating the first candidate optimized layout to create a second candidate optimized layout, said updating includes a rearrangement of products to create the second candidate optimized layout,” step(s)/function(s) are merely certain methods of organizing human activity: fundamental economic practices or principles, commercial or legal interactions (e.g., business relations) and/or managing personal behavior or relationships or interactions between people (e.g., including social activities and/or following rules or instructions).
Similar to, Credit Acceptance Corp v, Westlake Services, where the court found that that processing a credit application between a customer and dealer, where the business relation is the relationship between the customer and the dealer during the vehicle purchase was merely a commercial transaction, which, is a form of certain methods of organizing human activity. In this case, the claim(s) are similar to a business relationship between an entity and customers. The entity can collect customer historical data, customer movement data, and customer purchase data, which is then used to find an optimized store layout. The entity can then collect customer metric data, which the entity can use to update the virtual store layout and rearrange products within the store layout, thus the claims are directed to the abstract idea of a business relationship such as creating store layouts based on customer behavior(s) and interest(s).
Furthermore, as an initial matter, the courts do not distinguish between mental processes that are performed by humans and claims that recite mental processes performed on a computer, see MPEP 2106.04(a)(2)(III). As the Federal Circuit has explained, "[c]ourts have examined claims that required the use of a computer and still found that the underlying, patent-ineligible invention could be performed via pen and paper or in a person’s mind." Versata Dev. Group v. SAP Am., Inc., 793 F.3d 1306, 1335, 115 USPQ2d 1681, 1702 (Fed. Cir. 2015).
Similar to, Electric Power Group v. Alstom, S.A., when the court provided that a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps, which, were recited at a high level of generality such that they could practically be performed in the human mind.
Here, applicant’s claim limitations are recited at a high level of generality that can be performed in the human mind when the limitations recite collecting metrics for each customer from the running (i.e., collecting). The system can obtain a set of restrictions, which include a customer that interacts with the first layout (i.e., collecting). The system can construct a population space of customers based on historical data, each customer of the population space being defined by a vector of features of shopping behavior and interest over products in a store and an objective function of interest concerning the customers and the store (i.e., analyzing). The system can then find, based on the objective function of interest, a store layout that maximizes one or more metrics relating to the customers and products of the store and generate an optimized layout for the store based on an outcome (i.e., analyzing). The system will then send a virtual store layout to a simulation process, wherein the virtual store layout is based on dimensions of the store and includes an arrangement of the product and run the simulation process for the virtual store layout based on the radius of purchase and purchase probability. The system can then update the simulation process, which includes a rearrangement of the products within the store (i.e., analyzing). Thus, collecting customer information and store information, which the system uses that information to run and update store layouts, is merely related to a mental processes. Therefore, the claim(s) recite at least an abstract idea of mental processes. However, even assuming arguendo, that applicant has some merit that the claims cannot be performed mentally. The claims would still fall under certain methods of organizing human activity, see the above analysis.
Second, Applicant argues, on page(s) 8-9, that the invention provides that the application is now integrated into a practical application thus sufficient to amount to significantly more than the abstract idea. Examiner, respectfully, disagrees with applicant’s arguments.
As an initial matter, it is important to note that first the specification should be evaluated to determine if the disclosure provides sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. The specification need not explicitly set forth the improvement, but it must describe the invention such that the improvement would be apparent to one of ordinary skill in the art. Conversely, if the specification explicitly sets forth an improvement but in a conclusory manner (i.e., a bare assertion of an improvement without the detail necessary to be apparent to a person of ordinary skill in the art), the examiner should not determine the claim improves technology. Second, if the specification sets forth an improvement in technology, the claim must be evaluated to ensure that the claim itself reflects the disclosed improvement. That is, the claim includes the components or steps of the invention that provide the improvement described in the specification. The claim itself does not need to explicitly recite the improvement described in the specification (e.g., "thereby increasing the bandwidth of the channel"), see MPEP 2106.04(d)(1). An important consideration in determining whether a claim improves technology is the extent to which the claim covers a particular solution to a problem or a particular way to achieve a desired outcome, as opposed to merely claiming the idea of a solution or outcome. McRO, 837 F.3d at 1314-15, 120 USPQ2d at 1102-03; DDR Holdings, 773 F.3d at 1259, 113 USPQ2d at 1107. In this respect, the improvement consideration overlaps with other considerations, specifically the particular machine consideration (see MPEP § 2106.05(b)), and the mere instructions to apply an exception consideration (see MPEP § 2106.05(f)). Thus, evaluation of those other considerations may assist examiners in making a determination of whether a claim satisfies the improvement consideration.
Here, in this case the specification discloses a solution to preventing degenerate solutions by based on design considerations, see applicant’s arguments page(s) 9-10 and applicant’s specification paragraph(s) 0054-0056. This is at best an improvement to the abstract idea (e.g., optimizing layouts based on deign restrictions) itself rather than a technological improvement. First, the step(s) of accomplishing this desired improvement in the specification is made in blanket conclusory manner by merely stating “avoid creation of degenerate solutions, some restrictions may be put in place in an embodiment, such as, adding a property to the vector K which indicates the position of the customer, and if the customer does not move significantly, or moves in circles, the virtual customer can be deleted from the simulation after a threshold number of interactions is reached, and a penalty may be added to the objective function, forcing the degenerate solution to be unfeasible,” see applicant’s paragraph 0056. Thus, when the specification states the improvement in a conclusory manner the examiner should not determine the claim improves technology.
While applicant provides that the technical filed of layout generation is improved by applying rules because the embodiments generate and use workable solutions as opposed to degenerate solutions, see applicant’s arguments on page 10. However, this at best this an improvement to the abstract idea of “applying,” rules to generate optimized store layouts to in a simulated environment using an algorithm, which doesn’t make the limitation(s) any less abstract. See, Versata Development Group, Inc. v. SAP America, Inc., 793 F.3d 1306, 1332 (Fed. Cir. 2015) (citations omitted) ('"[T]he prohibition on patenting an ineligible concept cannot be circumvented by limiting the use of an ineligible concept to a particular technological environment"). Thus, applicant’s argument is not persuasive.
Also, another important consideration in determining whether a claim improves technology is the extent to which the claim covers a particular solution to a problem or a particular way to achieve a desired outcome, as opposed to merely claiming the idea of a solution or outcome. McRO, 837 F.3d at 1314-15, 120 USPQ2d at 1102-03; DDR Holdings, 773 F.3d at 1259, 113 USPQ2d at 1107. In this respect, the improvement consideration overlaps with other considerations, specifically the particular machine consideration (see MPEP §2106.05(b)), and the mere instructions to apply an exception consideration (see MPEP § 2106.05(f)). Thus, evaluation of those other considerations may assist examiners in making a determination of whether a claim satisfies the improvement consideration.
Similar to, Affinity Labs v. DirecTv., the court has held that the 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. Here, in this case applicant’s limitations merely constructing, constructing, finding, generating, obtaining, deleting, sending, running, determining, and updating, respectively, store layouts using computer components that operate in their ordinary capacity (e.g., an optimization algorithm, a non-transitory storage medium, and one or more hardware processors), which are no more than “applying,” the judicial exception.
Also, see the recitation of claim limitations that attempt to cover any solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result, does not integrate a judicial exception into a practical application or provide significantly more because this type of recitation is equivalent to the words "apply it". See Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1356, 119 USPQ2d 1739, 1743-44 (Fed. Cir. 2016); Intellectual Ventures I v. Symantec, 838 F.3d 1307, 1327, 120 USPQ2d 1353, 1366 (Fed. Cir. 2016); Internet Patents Corp. v. Active Network, Inc., 790 F.3d 1343, 1348, 115 USPQ2d 1414, 1417 (Fed. Cir. 2015). In this case, applicant’s limitations lack the detail as to how the optimization algorithm is performing these step(s)/function(s). There is nothing in the specification and/or claims as to how the algorithm is able to use these rules to enhance some sort of computer/technical functionality. Applicant’s limitations focus more on the result of using a computer to perform simulation processes for optimizing layouts (e.g., “apply it”) rather than the technical improvement.
Also, similar to, Intellectual Ventures I LLC v. Capital One Bank, the court provided that merely “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer,” does not integrate a judicial exception into a practical application or provide an inventive concept. In this case, the judicial exception is not integrated into a practical application when generating store layouts that efficiently make clients move through the store and make faster purchases, see applicant’s specification paragraph(s) 0003-0004, 0018, and 0058, since the appending generic computer functionality merely lends to speed or efficiency to the performance of an abstract concept doesn’t meaningfully limit the claim(s) thus as a whole applicant’s limitations merely describe how to generally “apply,” the concept(s) of an existing process of generating store layouts thus at best are mere instructions to apply the exception. Therefore, applicant’s arguments are not persuasive.
Third, applicant argues, on page(s) 10-13, that the limitations are integrated into a practical application similar to those of McRo, Inc. v. Bandai Namco Games America. Examiner respectfully disagrees.
As an initial matter, the claims in McRO recited a “specific . . . improvement in computer animation” using “unconventional rules” that related “sub-sequences of
phonemes, timings, and morph weight sets” to automatically animate lip synchronization and facial expressions for three-dimensional characters that only human animators could previously produce. McRO, 837 F.3d at 130203, 1307–08, 1313–15. In McRO, “the incorporation of the claimed rules” improved an existing technological process. McRO, 837 F.3d at 1314.
As an initial matter it should be noted that applicant’s claims are not as narrowly claimed as McRo. Furthermore, in contrast, applicant’s claims do not improve computer technology, but instead use computers to perform the claimed business solution. See Enfish, 822 F.3d at 1335–36 (distinguishing between claims that focus on improving computer capabilities and those that invoke a computer as a tool). Notably, applicant’s claimed rule set does not actually define a particular set of rules. At most, applicant’s claims require the obtaining of a set of restrictions, then selecting a constraint to delete from a simulation and imposing a penalty. The system will run a simulation for optimizing a layout based on the restrictions based a determination and then update the layout for a more optimized layout, but this does not define a particular set of rules or clearly narrow the abstract idea of optimizing layouts based on a set of constraints. Moreover, applying rules for evaluating information is not analogous to applying rules to improve a technology, such as computer animation.
It should also be noted that merely “updating,” is merely post-solution activity. Here, the claims are merely claiming the result of updating a layout, which includes the rearrangement of products. However, there is no nexus tied to how the “updating,” is improving the technological field nor is there anything in the specification or claims as to how this update is being done which in turn improves computer functionality. See, Consulting and updating an activity log, Ultramercial, 772 F.3d at 715, 112 USPQ2d at 1754; and MPEP 2106.05(g).
Also, see Recentive Analytics, Inc. v. Fox Corp., 134 F.4th 1205 (Fed. Cir. 2025). In that case, the court provided "[P]atents that do no more than claim the application of generic machine learning to new data environments, without disclosing improvements to the machine learning models to be applied, are patent ineligible under § 101." Recentive Analytics, Inc. v. Fox. Corp., Fed Cir. No. 2023-2437 (Apr. 18, 2025) (slip op. at 18). The court also stated "[T]he only thing the claims disclose about the use of machine learning is that machine learning is used in a new environment." Recentive Analytics, Inc. v. Fox. Corp., Fed Cir. No. 2023-2437 (Apr. 18, 2025), slip op. at 13. In this case, there is no improvement to the optimization algorithm, merely providing an algorithm to be used in the design of a store layout context is not enough to be considered significantly more. Therefore applicant’s argument is not persuasive
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.
Claim(s) 1-7, 9-17, and 19-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A Prong 1: Independent Claim(s) 1 and 11, recites an entity that is able generate an optimized layout of a store based on an optimization function. The entity can apply restrictions, which the entity can delete a layout based customer movement and impose penalty to a layout. The entity can determine a second optimal layout based on the data and rearrange products in the layout. Independent Claim(s) 1 and 11 as a whole recites limitation(s) that are directed to the abstract idea(s) of certain methods of organizing human activity: fundamental economic principles or practices (e.g., insurance) and/or certain methods of organizing human activity: fundamental economic practices or principles, commercial or legal interactions (e.g., business relations) and/or managing personal behavior or relationships or interactions between people (e.g., including social activities and/or following rules or instructions) and/or mental processes (e.g., observation, evaluation, and/or judgment) and/or mathematical concepts (e.g., mathematical calculations).
Independent Claim(s) 1 and 11 recite(s) “constructing a population space of customers based on historical data, each customer of the population space being defined by a vector of features of shopping behavior and interest over products in a store,” “constructing an objective function of interest concerning the customers and the store,” “find, based on the objective function of interest, a store layout that maximizes one or more metrics relating to the customers and products of the store,” “generating an optimized layout for the store based on an outcome,” “wherein the optimized layout satisfies the objective function of interest and is based on buying preferences of the customers,” “obtaining a set of restrictions that are employed during execution of a simulation of a first candidate optimized layout, the set of restrictions defining when a simulated customer, who is interacting with the first candidate optimized layout during the simulation, is selected for deletion form the simulation, wherein the set of restrictions define when the deletion of the simulated customer from the simulation is to occur, said deletion being based on a movement of the simulated customer within the first candidate optimized layout during the simulation, and wherein the set of restrictions further impose a penalty to the first candidate optimized layout when the simulated customer is caused to be deleted from the simulation,” “sending the first candidate optimized layout to a simulation process to perform the simulation, wherein the first candidate optimized layout is based on dimensions of the store and includes an arrangement of the product,” “running the simulation for the first candidate optimized layout based on a radius of purchase and a purchase probability, wherein running the simulation includes executing the set of restrictions,” “determining that the first candidate optimized layout is a degenerate solution as a result of the simulated customer being deleted and the penalty being imposed,” and “updating the first candidate optimized layout to create a second candidate optimized layout, said updating includes a rearrangement of products to create the second candidate optimized layout,” step(s)/function(s) are merely certain methods of organizing human activity: fundamental economic principles or practices, and/or commercial or legal interactions (e.g., marketing or sales activities or behaviors and/or business relations) and/or managing personal behavior or relationships or interactions between people (e.g., including following rules or instructions) and/or mental processes (e.g., observation, evaluation, and/or judgment) and/or mathematical concepts (e.g., mathematical calculations). Furthermore, as, explained in the MPEP and the October 2019 update, where a series of step(s) recite judicial exceptions, examiners should combine all recited judicial exceptions and treat the claim as containing a single judicial exception for purposes of further eligibility analysis. (See, MPEP 2106.04, 2016.05(II) and October 2019 Update at Section I. B.). For instance, in this case, Independent Claim(s) 1 and 11, are similar to an entity constructing an optimized layout of a store based on a set of restrictions, customer movements, and purchase behavior of customers. The mere recitation of generic computer components (Claim 1: an optimization algorithm; and Claim 11: a non-transitory storage medium, one or more hardware processors, and an optimization algorithm ) do not take the claims out of the enumerated grouping certain methods of organizing human activity, mental processes, and/or mathematical concepts. Therefore, Independent Claim(s) 1 and 11, recites the above abstract idea(s).
Step 2A Prong 2: This judicial exception is not integrated into a practical application because the claims as a whole describes how to generally “apply,” the concept(s) of “constructing,” “constructing,” “finding,” “generating,” “obtaining,” “deleting,” “imposing,” “sending,” “running,” “determining,” and “updating,” respectively. The limitations that amount to “apply it,” are as follows (Claim 1: an optimization algorithm; and Claim 11: a non-transitory storage medium, one or more hardware processors, and an optimization algorithm). Examiner, notes that the optimization algorithm, non-transitory storage medium, and one or more hardware processors, are recited so generically that they represent no more than mere instructions to apply the judicial exception on a computer.
Similar to, Affinity Labs v. DirecTv., the court has held that certain additional elements are not integrated into a practical application or provide significantly more when the additional elements merely use 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) thus they do no more than merely invoke computers or machinery as a tool to perform an existing process, which, amounts to no more than “applying,” the judicial exception. Here, the above additional elements are not integrated into a practical application or provide significantly more when they are merely constructing, constructing, finding, generating, obtaining, deleting, imposing, sending, running, determining, and updating, store layout information which is no more than merely invoking computers or machinery as a tool to perform an existing process (e.g., generating store layouts and updating store layouts) thus merely “applying,” the judicial exception.
Also, see the recitation of claim limitations that attempt to cover any solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result, does not integrate a judicial exception into a practical application or provide significantly more because this type of recitation is equivalent to the words "apply it". See Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1356, 119 USPQ2d 1739, 1743-44 (Fed. Cir. 2016); Intellectual Ventures I v. Symantec, 838 F.3d 1307, 1327, 120 USPQ2d 1353, 1366 (Fed. Cir. 2016); Internet Patents Corp. v. Active Network, Inc., 790 F.3d 1343, 1348, 115 USPQ2d 1414, 1417 (Fed. Cir. 2015).
Also, similar to, Intellectual Ventures I LLC v. Capital One Bank, the court provided that merely “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer,” does not integrate a judicial exception into a practical application or provide an inventive concept. In this case, the judicial exception is not integrated into a practical application when generating store layouts that efficiently make clients move through the store and make faster purchases, see applicant’s specification paragraph(s) 0003-0004, 0018, and 0058, since the appending generic computer functionality merely lends to speed or efficiency to the performance of an abstract concept doesn’t meaningfully limit the claim(s) thus as a whole applicant’s limitations merely describe how to generally “apply,” the concept(s) of an existing process of generating store layouts thus at best are mere instructions to apply the exception.
Also, similar to, Credit Acceptance Corp v. Westlake Services, the court provided that mere automation of manual processes is not sufficient to show an improvement in computer- functionality. In this case, applicant provides improving inconveniences of human interaction for finding the best possible layout by using techniques of correlation for figuring out changes in current product placement for increasing sales or client permanence in stores, see applicant’s specification paragraph(s) 0004, 0016, and 0018, however, as stated above the mere automation of a process that was once manual is not enough for showing an improvement in computer-functionality.
Also, see Recentive Analytics, Inc. v. Fox Corp., 134 F.4th 1205 (Fed. Cir. 2025). In that case, the court provided "[P]atents that do no more than claim the application of generic machine learning to new data environments, without disclosing improvements to the machine learning models to be applied, are patent ineligible under § 101." Recentive Analytics, Inc. v. Fox. Corp., Fed Cir. No. 2023-2437 (Apr. 18, 2025) (slip op. at 18). The court also stated "[T]he only thing the claims disclose about the use of machine learning is that machine learning is used in a new environment." Recentive Analytics, Inc. v. Fox. Corp., Fed Cir. No. 2023-2437 (Apr. 18, 2025), slip op. at 13. In this case, there is no improvement to the optimization algorithm, merely providing an algorithm to be used in the design optimization of layouts context is not enough to be considered significantly more. Each of the above limitations simply implement an abstract idea that is no more than mere instructions to apply the exception using a generic computer component, which, is not practical application(s) of the abstract idea. Therefore, when viewed in combination these additional elements do not integrate the recited judicial exception into a practical application and the claims are directed to the above abstract idea(s).
Step 2B: The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as noted previously, the claims as a whole merely describe how to generally “apply it,” to the abstract idea in a computer environment. Thus, even when viewed as a whole, nothing in the claims adds significantly more (i.e., an inventive concept) to the abstract idea. The claims are ineligible.
Claim(s) 2-6, 9-10, 12-16, and 19-20: The various metrics of Dependent Claim(s) 2-6, 9-10, 12-16, and 19-20, merely narrow the previously recited abstract idea limitations. For the reasons described above with respect to Independent Claim(s) 1 and 11, these judicial exceptions are not meaningfully integrated into a practical application, or significantly more than an abstract idea.
Claim(s) 7 and 17 : The additional limitation of “capturing,” and “modeling,” is further directed to a certain method of organizing human activity, mental processes, and/or mathematical concepts, as described in Claim(s) 1 and 11. The non-transitory storage medium is recited so generically that it represents no more than mere instructions to apply the judicial exception on a computer The recitation(s) of “wherein each of the customers is associated with a respective vector that captures preferences of the customer,” and “modeling interaction of the customers with one or more products by merging a social force model (SFM) with the vectors,” function(s)/step(s) falls within the enumerated grouping certain methods of organizing human activity, mental processes, and/or mathematical concepts. Similar to, Affinity Labs v. DirecTv, the court has held that task to receive, store, or transmit data are additional elements that amount to no more than “applying,” the judicial exception. (MPEP 2106.05(f)). Here, the above additional elements merely capturing and modeling, layout information which is no more than “applying,” the judicial exception. Therefore, for the reasons described above with respect to Claim(s) 7 and 17 the judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
The dependent claim(s) 2-7, 9-10, 12-17, and 19-20, above do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) in the dependent claim(s) above are no more than mere instructions to apply the exception using generic computer component(s), which, do not provide an inventive concept. Therefore, Claim(s) 1-7, 9-17, and 19-20 are not patent eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Baydar et al. (US 2003/0187708 A1). Baydar et al. teaches a simulation and optimization system that improves the performance of a retail store. The system can input parameters , such as price variables, customer models, and user inputs. The customer models include shopping behaviors of the customer. The shopping behaviors can include the buying probability of customer purchasing a product(s).
Anand et al. (US 7,996,256 B1). Anand et al. teaches a mathematical model for predicting shopper traffic at a shopper region.
Garel et al. (US 11,049,120 B2). Garel et al. teaches a system for monitoring and analyzing behavior. The system can monitor and analyze consumer purchasing behavior. The system can then analyze the information gathered about the shopping activities and modify a first layout to generate a second layout of the products within and about the retail store.
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/B.A.H./Examiner, Art Unit 3628
/MICHAEL P HARRINGTON/Primary Examiner, Art Unit 3628