DETAILED ACTION
Status of Claims
The following is a non-final, first office action in response to the application filed January 18, 2024. Claims 1-20 are currently pending and have been examined.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (abstract idea) without significantly more.
Step 1: Statutory Category
(MPEP § 2106)
The claims are directed to a computer system.
Conclusion: The claims are directed to a statutory category: a machine as defined under 35 U.S.C. § 101.
Regarding Claim 1:
Step 2A, Prong One: Judicial Exception – Abstract Idea
(MPEP § 2106.04(a))
The claim recites steps for arranging a transfer of a vehicle between owners and generating a price for that transfer by managing a database of material prices, identifying vehicle components and recyclable quantities of materials, determining prices for components based on those quantities, calculating a composite price, receiving user transfer data including location and an agreed price, and initiating transfer of possession using that data. These limitations describe commercial valuation of a vehicle and aggregation of prices using mathematical relationships and stored economic data. Such concepts are certain methods of organizing human activity and mathematical calculations, which fall within the group of abstract ideas identified by the courts.
Step 2A, Prong Two: Integration into a Practical Application
(MPEP § 2106.04(d))
The additional elements include the recited computer system and the material pricing database used to automate the valuation and transfer workflow and to provide the composite price for use by a user. The claim does not recite any improvement to the functioning of the computing devices, to vehicle recycling technology, or to another technical field. The computer components perform their ordinary functions of storing and processing pricing information and executing programmed calculations. The claim therefore merely uses generic computers as tools to automate the underlying abstract commercial interaction. Automation of data analysis and financial processing on conventional computers does not integrate an abstract idea into a practical application.
Step 2B: Inventive Concept
(MPEP § 2106.05)
Considering the claim as an ordered combination, the elements amount to no more than implementation of the abstract economic practice on a generic computer system using routine database management, identification of components, and conventional composite price calculations. There is no recitation of non-conventional hardware or of operations that are significantly more than the judicial exception.
Therefore, the claim is not directed to patent-eligible subject matter under 35 U.S.C. § 101.
Regarding Claims 8 and 14
Independent Claims 8 and 14 are parallel in scope to claim 1 and ineligible for similar reasons.
Regarding Claims 2-7 and 9-13
Dependent claims 2-7 and 9-13 merely set forth further embellishments to the abstract idea (i.e., they serve to further limit practically performable determining and associating functions), and therefore do not confer eligibility on the claimed invention and are ineligible for similar reasons to claims 1, 8, and 14.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Swinson et al (US 2014/0279258 A1).
Regarding Claim 1, Swinson discloses A computer system for pricing a mechanism, the computer system including: a set of computing devices configured to provide at least one composite price for the mechanism by::
managing a pricing database for a plurality of components, wherein the pricing database includes a price for a quantity of components (Swinson: paragraph [0054] - A user at computing device 310 may access the vehicle data system 320 through the provided interfaces 392 and specify certain parameters, such as a desired vehicle configuration or incentive data the user wishes to apply, if any. The vehicle data system 320 can select a particular set of data in the data store 322 based on the user specified parameters, process the set of data using processing module 396 and models 328, generate interfaces using interface module 392 using the selected data set on the computing devices 310 and data determined from the processing, and present these interfaces to the user at the user's computing device 310. Interfaces 392 may visually present the selected data set to the user in a highly intuitive and useful manner);
obtaining identifying information for the mechanism, wherein the identifying information defines a plurality of components included in the mechanism (Swinson: Figure 4 - receive user input identifying vehicle of interest 402);
determining at least one price for each component of the plurality of components, wherein determining one of the at least one price for a component of the plurality of components includes determining a price for the corresponding component (Swinson: Figure 4 - calculate individual components of covo 410);
calculating at least one composite price based on the determined at least one price for each of the plurality of components; and providing the at least one composite price for use by a user (Swinson: Figure 4 - calculate cumulative covo 412).
Swinson does not expressly disclose a material pricing database and the plurality of components includes at least one materials-based component having a corresponding recyclable quantity of a material of the plurality of materials included in the materials-based component. However these differences are only found in the nonfunctional descriptive material and are not functionally involved in the steps recited. The steps would be performed the same regardless of the type of materials and components. This descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 70 F.2d 1381, 1385, 217 USPQ 401 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994).
Regarding claim 2, Swinson discloses all of the limitations as noted above in claim 1. Swinson further discloses wherein the managing the materials pricing database includes periodically updating the price for the quantity of each of the plurality of materials from at least one of: a purchaser of the material or a real time pricing system for the material (Swinson: paragraph [0069] - After the user has viewed the COVO generated by the system, he or she may wish to revise one or more of the data items upon which the COC computation was based. If so, the user can provide this input to the system (416), after which the system will recomputed the COVO components as needed (410), sum the components (412), and output the revised COVO estimate (414). This revision process may be repeated as desired).
Regarding claim 3, Swinson discloses all of the limitations as noted above in claim 1. Swinson further discloses wherein the set of computing devices is configured to manage an interface for acquiring selectable options data corresponding to a plurality of selectable options for the plurality of components of the mechanism, wherein the determining at least one price is further based on the selectable options data (Swinson: paragraph [0054] - A user at computing device 310 may access the vehicle data system 320 through the provided interfaces 392 and specify certain parameters, such as a desired vehicle configuration or incentive data the user wishes to apply, if any. The vehicle data system 320 can select a particular set of data in the data store 322 based on the user specified parameters, process the set of data using processing module 396 and models 328, generate interfaces using interface module 392 using the selected data set on the computing devices 310 and data determined from the processing, and present these interfaces to the user at the user's computing device 310. Interfaces 392 may visually present the selected data set to the user in a highly intuitive and useful manner).
Regarding claim 4, Swinson discloses all of the limitations as noted above in claim 1. Swinson further discloses wherein the set of computing devices is configured to manage an interface for acquiring selectable pricing data corresponding to at least one selectable option for pricing a component of the plurality of components, wherein the determining at least one price is further based on the selectable pricing data (Swinson: paragraph [0054] - A user at computing device 310 may access the vehicle data system 320 through the provided interfaces 392 and specify certain parameters, such as a desired vehicle configuration or incentive data the user wishes to apply, if any. The vehicle data system 320 can select a particular set of data in the data store 322 based on the user specified parameters, process the set of data using processing module 396 and models 328, generate interfaces using interface module 392 using the selected data set on the computing devices 310 and data determined from the processing, and present these interfaces to the user at the user's computing device 310. Interfaces 392 may visually present the selected data set to the user in a highly intuitive and useful manner).
Regarding claim 5, Swinson discloses all of the limitations as noted above in claim 1. Swinson further discloses wherein the calculated at least one composite price is further based on overhead costs for purchasing and/or disposing of the mechanism (Swinson: Figure 5).
Regarding claim 6, Swinson discloses all of the limitations as noted above in claim 1. Swinson further discloses wherein the at least one composite price corresponds to one of a price a buyer is willing pay for the mechanism or a price a buyer can obtain by selling the plurality of components included in the mechanism (Swinson: abstract - The processor computes cost-of-vehicle-ownership (COVO) components for the vehicle of interest).
Regarding claim 7, Swinson discloses all of the limitations as noted above in claim 1. Swinson further discloses wherein the mechanism is a vehicle (Swinson: abstract - The processor computes cost-of-vehicle-ownership (COVO) components for the vehicle of interest). Swinson does not expressly disclose wherein the at least one materials-based component includes a catalytic converter. However these differences are only found in the nonfunctional descriptive material and are not functionally involved in the steps recited. The steps would be performed the same regardless of the type of materials-based component. This descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 70 F.2d 1381, 1385, 217 USPQ 401 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 8-14 are rejected under 35 U.S.C. 103(a) as being unpatentable over Swinson et al (US 2014/0279258 A1) in view of Liu et al (US 2020/0286132 A1).
Regarding claims 8 and 14, Swinson discloses A computer system for managing a transfer of a mechanism, the computer system including: a set of computing devices configured to arrange a transfer of the mechanism from a first owner to a second owner by: providing at least one composite price for the transfer of the mechanism by:
managing a pricing database for a plurality of components, wherein the pricing database includes a price for a quantity of components (Swinson: paragraph [0054] - A user at computing device 310 may access the vehicle data system 320 through the provided interfaces 392 and specify certain parameters, such as a desired vehicle configuration or incentive data the user wishes to apply, if any. The vehicle data system 320 can select a particular set of data in the data store 322 based on the user specified parameters, process the set of data using processing module 396 and models 328, generate interfaces using interface module 392 using the selected data set on the computing devices 310 and data determined from the processing, and present these interfaces to the user at the user's computing device 310. Interfaces 392 may visually present the selected data set to the user in a highly intuitive and useful manner);
obtaining identifying information for the mechanism, wherein the identifying information defines a plurality of components included in the mechanism (Swinson: Figure 4 - receive user input identifying vehicle of interest 402);
determining at least one price for each component of the plurality of components, wherein determining one of the at least one price for a component of the plurality of components includes determining a price for the corresponding component (Swinson: Figure 4 - calculate individual components of covo 410);
calculating at least one composite price based on the determined at least one price for each of the plurality of components; and providing the at least one composite price for use by a user (Swinson: Figure 4 - calculate cumulative covo 412).
Swinson does not expressly disclose a material pricing database and the plurality of components includes at least one materials-based component having a corresponding recyclable quantity of a material of the plurality of materials included in the materials-based component. However these differences are only found in the nonfunctional descriptive material and are not functionally involved in the steps recited. The steps would be performed the same regardless of the type of materials and components. This descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 70 F.2d 1381, 1385, 217 USPQ 401 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994).
Swinson does not expressly disclose receiving transfer data corresponding to the transfer from the user, wherein the transfer data includes a location of the vehicle and an agreed price for the vehicle; and initiating a transfer of possession of the vehicle using the transfer data. Liu discloses receiving transfer data corresponding to the transfer from the user, wherein the transfer data includes a location of the vehicle and an agreed price for the vehicle; and initiating a transfer of possession of the vehicle using the transfer data (Liu: paragraph [0095] - The server sends the vehicle ownership transfer information of the target second-hand vehicle I to the buyer client J if the server receives the confirmation information of the buyer client J, and the sales income from the second-hand vehicle transaction is shared based on the sales income sharing rule. The vehicle ownership transfer information includes contacts of physical handover of the second-hand vehicle, location information and corresponding handover procedures).
It would have been obvious to one of ordinary skill in the art at the time of the applicant’s invention to have modified the method and apparatus of Swinson to have included receiving transfer data corresponding to the transfer from the user, wherein the transfer data includes a location of the vehicle and an agreed price for the vehicle; and initiating a transfer of possession of the vehicle using the transfer data, as taught by Liu because it would allow for transparent transactions (Liu: paragraph [0003]).
Regarding claim 9, Swinson and Liu teach or suggest all the limitations of claim 8 as noted above. Swinson further discloses wherein the managing the materials pricing database includes periodically updating the price for the quantity of each of the plurality of materials from at least one of: a purchaser of the material or a real time pricing system for the material (Swinson: paragraph [0069] - After the user has viewed the COVO generated by the system, he or she may wish to revise one or more of the data items upon which the COC computation was based. If so, the user can provide this input to the system (416), after which the system will recomputed the COVO components as needed (410), sum the components (412), and output the revised COVO estimate (414). This revision process may be repeated as desired).
Regarding claim 10, Swinson and Liu teach or suggest all the limitations of claim 8 as noted above. Swinson further discloses wherein the set of computing devices is configured to manage an interface for acquiring selectable options data corresponding to a plurality of selectable options for the plurality of components of the mechanism, wherein the determining at least one price is further based on the selectable options data (Swinson: paragraph [0054] - A user at computing device 310 may access the vehicle data system 320 through the provided interfaces 392 and specify certain parameters, such as a desired vehicle configuration or incentive data the user wishes to apply, if any. The vehicle data system 320 can select a particular set of data in the data store 322 based on the user specified parameters, process the set of data using processing module 396 and models 328, generate interfaces using interface module 392 using the selected data set on the computing devices 310 and data determined from the processing, and present these interfaces to the user at the user's computing device 310. Interfaces 392 may visually present the selected data set to the user in a highly intuitive and useful manner).
Regarding claim 11, Swinson and Liu teach or suggest all the limitations of claim 8 as noted above. Swinson further discloses wherein the set of computing devices is configured to manage an interface for confirming the identifying information for the mechanism (Swinson: Figure 4 - receive user input identifying vehicle of interest 402).
Regarding claim 12, Swinson and Liu teach or suggest all the limitations of claim 8 as noted above. Liu further discloses wherein the set of computing devices is configured to generate data relating to a bill of sale for the transfer (Liu: paragraph [0096] - the target sales smart contract is executed to generate the second-hand vehicle sales contract).
Regarding claim 13, Swinson and Liu teach or suggest all the limitations of claim 8 as noted above. Swinson further discloses wherein the mechanism is a vehicle (Swinson: abstract - The processor computes cost-of-vehicle-ownership (COVO) components for the vehicle of interest). Swinson and Liu do not expressly disclose wherein the at least one materials-based component includes a catalytic converter. However these differences are only found in the nonfunctional descriptive material and are not functionally involved in the steps recited. The steps would be performed the same regardless of the type of materials-based component. This descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 70 F.2d 1381, 1385, 217 USPQ 401 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
PTO-892 Reference U discloses A deep learning approach for used car price prediction.
US 11,676,202 B1, Latronico et al discloses Transaction pre-negotiation and optimization.
US 2017/0300991 A1, Aggarwal discloses USED-VEHICLE ALGORITHMIC PRICING ENGINE METHOD AND SYSTEM.
US 2015/0278886 A1, Fusz discloses METHODS AND SYSTEMS FOR PROVIDING PRICING INFORMATION FOR ORDERING A VEHICLE THROUGH A VEHICLE DEALERSHIP.
US 2015/0213470 A1, Rush et al discloses Competitive Pricing Template.
US 2015/0186911 A1, Vierra discloses PRODUCT RE-PRICING SYSTEMS AND RELATED METHODS.
US 2014/0058956 A1, Raines et al discloses SYSTEM AND METHOD FOR DETERMINING VEHICLE PRICE VALUES.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN G PALAVECINO whose telephone number is (571)270-1355. The examiner can normally be reached on M-F 9-4.
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/KATHLEEN PALAVECINO/Primary Examiner, Art Unit 3688