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 .
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 1-2,4-10,12-16 and 18-20 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 1-2,4-10,12-16 and 18-20, 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 method. Claim 9 recites a system. Claim 15 recites a non-transitory computer-readable media.
Step 2A, prong 1: Claim 1 recites the abstract idea of providing bidding notifications. This idea is described by the following steps:
A method comprising:
receiving an indication of a selection of an item listing having a selected item listing characteristic data segment;
determining item listings between the selected item listing and a current item listing, the current item listing having a current item listing characteristic data segment and the item listings determination being made based on a comparison between the selected item listing characteristic data segment and the current item listing characteristic data segment;
determining an estimated time for commencement of bidding on the selected item listing, the estimated time for commencement being different at a first time period and a second time period, wherein the estimated time for commencement is determined at the second time period based on a bid velocity of the current item listing, the bid velocity being based on a set
of time intervals extending between bids for closed item listings and the current item
listing;
generating a notification indicating the estimated time for commencement of bidding on the selected item listing; and
causing presentation of the notification on to the user.
Claims 9 and 15 recite 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., determining item listings, determining an estimated time for commencement of bidding, etc.).
Step 2A, prong 2: Claims 1, 9 and 15 recite additional elements that fail to integrate the abstract idea into practical application.
Claims 9 and 15 recite a hardware processing circuitry; and one or more hardware memories; and a machine-readable storage medium. However, these elements are generic computing components (see at least paragraphs 164-165) that are simply used to perform operations that would otherwise be abstract (see MPEP2106.05(f)).
Claims 1, 9 and 15 also recites the limitations “a set of user interface elements enabling interaction with the selected item listing based on a dynamic bidding model” and “causing presentation of the notification on a user interface with the set of user interface elements”. 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 and data output (i.e. displaying a notification) (see2106.05(g)). Note how the abstract idea above includes the offer and menu communicating aspects of the claimed modifying steps.
Step 2B: Claims 1, 9 and 15 fail to recite additional elements that amount to an inventive concept.
For the reasons identified with respect to Step 2A, prong 2, claims 1, 9 and 15 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 107describes 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.
Allowable Subject Matter
Claims 1-2,4-10,12-16 and 18-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
Conclusion
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/MILA AIRAPETIAN/Primary Examiner, Art Unit 3688