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 .
Status of Claims
• This action is in reply to the amendments filed on June 2, 2026.
• Claims 1-2, 6-11, 14-17, and 19-20 have been amended and are hereby entered.
• Claims 1-20 are currently pending and have been examined.
• This action is made FINAL.
Response to Arguments
Applicant’s arguments filed June 2, 2026 have been fully considered but they are not persuasive.
The Examiner is withdrawing the Specification objections due to Applicant’s amendments.
The Examiner is withdrawing the claim objections due to Applicant’s amendments.
The Examiner is withdrawing some of the 35 USC § 112 rejections due to Applicant’s amendments.
New Specification objections have been added due to Applicant’s amendments.
New 35 USC § 112 rejections have been entered due to applicant’s amendments.
Applicant’s arguments with respect to 35 USC § 101 have been fully considered and are not persuasive.
Regarding Applicant’s argument on page 28, that the claims characterization does not reflect the claims as amended, in response to this argument, the Examiner respectfully notes that each claim was given the full and proper analysis under the test set forth by the Supreme Court and the Patent Subject Matter Eligibility analysis (see MPEP 2106).
Regarding Applicant’s arguments on page 28-31 that the claims integrate a practical application, the Examiner respectfully disagrees. Applicant further argues the claims now request various features as enumerated on pages 28-31. The arguments are not persuasive. Under the Patent Subject Matter Eligibility analysis, Step 2A, prong two, integration into a practical application requires an additional element(s) or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception. Limitations that are not indicative of integration into a practical application are those that are those that generally link the use of the judicial exception into a particular technological environment or field of use-see MPEP 2106.05(h). Here the claims recite an online marketplace; the hotel room online marketplace system and network includes a global communication network and a plurality of computing devices; the plurality of computing devices being in data communication with a microprocessor-based server system of the hotel room online marketplace over the global communication network; wherein the hotel room online marketplace comprises the microprocessor-based server system, including one or more processors and memory executing a microprocessor-executed platform, including at least one database comprising a series of tables, records, and fields that define one or more data relationships; and executable logic configured to perform claim functions such that they amount to no more than generally linking the use of the judicial exception to a particular technological environment or field of use (e.g., a computer network) (see MPEP 2106.05(h)).
Furthermore, and in response to Applicant’s arguments on page 22-23 regarding the purported non-conventional relational schema and server-executed workflow, in determining whether a claim integrates a judicial exception into a practical application, a determination is made of whether the claimed invention pertains to an improvement in the functioning of the computer itself or any other technology or technical field (i.e., a technological solution to a technological problem). Here, the claims recite generic computer components, i.e., a generic processor, a memory storing a computer program executable by the processor to perform the claimed method steps and system functions. The processor, memory and system are recited at a high level of generality and are recited as performing generic computer functions customarily used in computer applications.
Furthermore, the Specification describes a problem and improvement to a business or commercial process at least at [0003]-[0004], describing addressing shortcomings with hotel online marketplaces and providing improvements including strengthening relationship between hotel and client, and also helping the hotel create new business opportunities.
Regarding Applicant’s arguments on page 31, that the claims recite significantly more than the abstract idea, the Examiner respectfully disagrees. The limitations are directed to an abstract idea and when determining if the claims are directed to significantly more, the additional limitations of the claims in addition to the abstract idea are analyzed. In the instant application, the additional elements of the claim include an online marketplace; the hotel room online marketplace system and network includes a global communication network and a plurality of computing devices; the plurality of computing devices being in data communication with a microprocessor-based server system of the hotel room online marketplace over the global communication network; wherein the hotel room online marketplace comprises the microprocessor-based server system, including one or more processors and memory executing a microprocessor-executed platform, including at least one database comprising a series of tables, records, and fields that define one or more data relationships; and executable logic configured to perform claim functions. The additional limitations, when considered both individually and in combination, do not affect an improvement to another technology or technological field; the claims do not amount to an improvement to the functioning of the computer itself; and the claims do not move beyond a general link of use of an abstract idea to a particular technological environment. Therefore, the claims merely amount to merely generally linking the use of the abstract idea to a particular technological environment or field of use (e.g., a computer network), and is considered to amount to nothing more than requiring a generic computer network to carry out the abstract idea itself. The specifics about the abstract idea do not overcome the rejection.
Regarding Applicant’s arguments on pages 31-32, that the claims require a specific computing system and operations, the argument has been considered and is not persuasive. In response to this argument, it is noted, mere automation of a process, without improving a technical aspect of that process, does not integrate the abstract ideas into a practical application. See Intellectual Ventures 1 LLC v. Capital One Bank (USA), 792 F.3d 1363, 1370 (Fed. Cir. 2015) (“merely adding computer functionality to increase the speed or efficiency of the process does not confer patent eligibility on an otherwise abstract idea.”).
The claims are not patent eligible.
For the reasons above, Applicant’s arguments are not persuasive.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the lack of antecedent basis for the claimed limitations:
“relational database” in claim 4.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation “(i) restrict access to and execution of at least publishing the offer-for-sale listing, validating the request to purchase, and charging the secondary buyer, to authorized users that log in to the hotel room online marketplace.” Although the Specification at [0062] and [0066] describes a user logging in to the platform, the Specification is devoid of any restriction of actions for logged in users. Therefore this limitation is new matter.
Regarding claim 2, the claim recites the limitation of “contract details stored in association with the partial block listing record comprise a number of hotel rooms, a price for the number of hotel rooms, and an occupancy date for the number of hotel rooms.” The Specification is devoid of any support for storing specifically contract data including number of hotel rooms, a price for the number of hotel rues, and an occupancy date. Therefore this limitation is new matter.
Regarding claim 4, claim 4 recites the limitation “the relational database.” The Specification is devoid of any disclosure of a structured relational database. Therefore this limitation is new matter.
Regarding claim 5, the claim recites the limitation “the relational database.” The Specification is devoid of any disclosure of a structured relational database. Therefore this limitation is new matter.
Claim 15 has similar limitations found in claim 1 above, and therefore is rejected by the same art and rationale.
The rest of the dependent claims are rejected due to their dependency to a rejected claim.
Claims 4-5 are 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.
Regarding claim 4, the claim recites the limitation “the structured relational database.” There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 5, the claim recites the limitation “the structured relational database.” There is insufficient antecedent basis for this limitation in the claim.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention recites an abstract idea without significantly more. Independent claims 1, 15, and 19 are each directed to a method. Therefore, on its face, each independent claim 1, 15, and 19 are directed to a statutory category of invention under Step 1 of the Patent Subject Matter Eligibility analysis (see MPEP 2106.03).
Under Step 2A, Prong One of the Patent Subject Matter Eligibility analysis (see MPEP 2106.04), claims 1, 15, and 19 recite, in part, a method of organizing human activity. Claim 1 recites a method of utilizing a hotel room marketplace to enable a secondary buyer to purchase a subset of a block of hotel rooms from a block of hotel rooms owner who previously contracted for the block of hotel rooms, the method comprising the steps of: creating, on a hotel room marketplace, by a block of hotel rooms owner or by a hotel, an offer-for-sale listing that comprises a hotel property, an occupancy date, and a price for a partial hotel rooms block, the partial hotel rooms block comprising less than all of a block of hotel rooms, or a portion thereof from one or more blocks of hotel rooms, previously contracted for by the block of hotel rooms owner, the partial hotel rooms block being offered under at least the same set of contract terms agreed to between the hotel and the block of hotel rooms owner; wherein the hotel room marketplace is provided as a hotel room marketplace system and network, including a hotel room market place configured to provide (i) access to market, (ii) messaging, and (iii) rates and fees between a block owner, a hotel, a secondary buyer, and a vendor; wherein the hotel room marketplace system and network operated by at least the block owner, the hotel, and the secondary buyer, a series of tables, records, and fields that define one or more data relationships between a block owner record, a hotel record, a secondary buyer record, a partial block listing record, a payment account record, and a message record, wherein the tables, records, and fields include one or more identifier fields comprising a partial block identifier and a message identifier, wherein the partial block identifier and the message identifier define at least some of the data relationships between the partial block listing record and the message record, and wherein the block owner record and the hotel record each include a payment account field associated with the payment account record, and logic configured to: (i) restrict access to and execution of at least publishing the offer-for-sale listing, validating the request to purchase, and charging the secondary buyer, to authorized users that log in to the hotel room marketplace; (ii) store and retrieve offer-for-sale listings, hotel data, secondary buyer data, contract details, and required authorizations corresponding to the block of hotel rooms owner, the hotel, and the secondary buyer, associated with the partial block listing record, wherein the partial block listing record stores fields comprising the partial block identifier, an owner authorized field, a buyer authorized field, a hotel authorized field, and a contract terms accepted field; and (iii) enable messaging between participants through the hotel room marketplace, store message details and a message status in association with the message record, and associate at least one of the message record with the block owner record, the hotel record, and the secondary buyer record using the message identifier, wherein participation in the messaging session requires a participant to be logged in to an account established through the hotel room marketplace; providing, by the hotel room marketplace, access to market to the secondary buyer for viewing the offer-for-sale listing; receiving, from the secondary buyer, by way of the hotel room market place and responsive to the offer-for-sale listing, a request to purchase the partial hotel rooms block, including agreeing to the contract terms; wherein the hotel room online marketplace validates the request by determining whether (a) the secondary buyer is authorized to transact business as indicated in the secondary buyer record, including the secondary buyer being qualified based on a predetermined set of secondary buyer criteria, (b)required authorizations corresponding to the block of hotel rooms owner and the hotel are present in association with the partial block listing record, and (c)an indication that the contract terms have been accepted is stored in association with the partial block listing record, prior to completing the purchase; charging the secondary buyer the price for the partial hotel rooms block; providing, by the hotel room marketplace, rates and fees for the partial hotel rooms block to at least the secondary buyer; distributing, by the hotel room marketplace, funds paid by the secondary buyer to the hotel and the block of hotel rooms owner, wherein the distributing comprises (a) using payment account details stored in the hotel record and the block owner record to identify a corresponding payment account identifier, and (b) using the payment account identifier to access payment details stored in association with the payment account record to distribute the funds paid by the secondary buyer; charging the block of hotel rooms owner a listing fee when the offer-for-sale listing is published; charging the secondary buyer a buyer's fee when the partial hotel rooms block is purchased; and paying the hotel a rebooking fee when the partial hotel rooms block is purchased; wherein all validation, authorization, messaging, and funds allocation steps are executed by the hotel room marketplace; restricts completion of the purchase request unless the required authorizations and the indication that the contract terms have been accepted are present in association with the partial block listing record; and wherein the payment account record stores payment details and is associated, via the one or more data relationships, with at least one of the hotel record and the block owner record.
Claim 15 recites similar limitations as claim 1 above and further recites authorizing, by the hotel, the secondary buyer to purchase the partial hotel rooms block, wherein the authorizing comprises storing an indication in association with the partial block listing record that the hotel authorized field indicates authorization.
Claim 19 recites a method of utilizing a hotel room marketplace to enable a secondary buyer to purchase a subset of a block of hotel rooms from a block of hotel rooms owner who previously contracted for the block of hotel rooms, the method comprising the steps of: creating, on a hotel room marketplace, by a block of hotel rooms owner or by a hotel, an offer-for-sale listing that comprises a hotel property, an occupancy date, and a price for a partial hotel rooms block, the partial hotel rooms block comprising less than all of a block of hotel rooms, or a portion thereof from one or more blocks of hotel rooms, previously contracted for by the block of hotel rooms owner, the partial hotel rooms block being offered under at least the same set of contract terms agreed to between the hotel and the block of hotel rooms owner; wherein the hotel room marketplace is provided as a hotel room marketplace system and network, including a hotel room market place configured to provide (i) access to market, (ii) messaging, and (iii) rates and fees between a block owner, a hotel, a secondary buyer, and a vendor; wherein the hotel room marketplace system and network operated by at least the block owner, the hotel, and the secondary buyer, a series of tables, records, and fields that define one or more data relationships between a block owner record, a hotel record, a secondary buyer record, a partial block listing record, a payment account record, and a message record, wherein the tables, records, and fields include one or more identifier fields comprising a partial block identifier and a message identifier, wherein the partial block identifier and the message identifier define at least some of the data relationships between the partial block listing record and the message record, and wherein the block owner record and the hotel record each include a payment account field associated with the payment account record, and logic configured to: (i) restrict access to and execution of at least publishing the offer-for-sale listing, validating the request to purchase, and charging the secondary buyer, to authorized users that log in to the hotel room marketplace; (ii) store and retrieve offer-for-sale listings, hotel data, secondary buyer data, contract details, and required authorizations corresponding to the block of hotel rooms owner, the hotel, and the secondary buyer, associated with the partial block listing record, wherein the partial block listing record stores fields comprising the partial block identifier, an owner authorized field, a buyer authorized field, a hotel authorized field, and a contract terms accepted field; and (iii) enable messaging between participants through the hotel room marketplace, store message details and a message status in association with the message record, and associate at least one of the message record with the block owner record, the hotel record, and the secondary buyer record using the message identifier, wherein participation in the messaging session requires a participant to be logged in to an account established through the hotel room marketplace; providing, by the hotel room marketplace, access to market to the secondary buyer for viewing the offer-for-sale listing; evaluating, by the hotel room marketplace, information associated with the secondary buyer against stored criteria linked to the secondary buyer record including the secondary buyer being qualified based on a predetermined set of secondary buyer criteria, and authorizing the secondary buyer to complete the purchase of the partial hotel rooms block only upon determining that (a) the secondary buyer is authorized to transact business as indicated in the secondary buyer record, (b) required authorizations corresponding to the block of hotel rooms owner and the hotel are present in association with the partial block listing record, and (c) an indication that the contract terms have been accepted is stored in association with the partial block listing record; receiving, by way of the hotel room online marketplace, responsive to the offer-for-sale listing, from the secondary buyer, a request to purchase the partial hotel rooms block, including agreeing to the contract terms; charging the secondary buyer the price for the partial hotel rooms block; providing, by the hotel room online marketplace, rates and fees for the partial hotel rooms block to at least the secondary buyer; distributing, by the hotel room marketplace, funds paid by the secondary buyer to the hotel and the block of hotel rooms owner, wherein the distributing comprises using the payment account field of the hotel record and the payment account field of the block owner record to identify an associated payment account record and to access payment details stored in association with the payment account record for distributing the funds paid by the secondary buyer to the hotel and to the block of hotel rooms owner; wherein the hotel room marketplace accepts payment from the secondary buyer and automatically redistributes one or more fees, including at least one of a listing fee, a buyer's fee, and a rebooking fee, to the hotel and to the block of hotel rooms owner in accordance with stored contract data; and wherein all validation, authorization, messaging, and funds allocation steps are executed by the hotel room marketplace.
The limitations, as drafted, is a process that, under its broadest reasonable interpretation, covers commercial and legal interactions (certain methods of organizing human activity), but for the recitation of generic computer components. The claims as a whole recite a method of organizing human activity. The claimed inventions allows for providing a hotel room marketplace enabling users to creating listings for block hotel rooms and secondary buyers to purchase block hotel rooms under contract terms, and charging secondary users for the purchase, which is a commercial and legal interaction including agreements in the form of contracts, marketing and sales activities or behaviors, and business relations. The mere nominal recitation of an online marketplace do not take the claim out of the methods of organizing human activity grouping. Thus, the claims recite an abstract idea.
Under Step 2A, Prong Two of the Patent Subject Matter Eligibility analysis (see MPEP 2106.04), the judicial exception is not integrated into a practical application. In particular, the additional elements of an online marketplace; the hotel room online marketplace system and network includes a global communication network and a plurality of computing devices; the plurality of computing devices being in data communication with a microprocessor-based server system of the hotel room online marketplace over the global communication network; wherein the hotel room online marketplace comprises the microprocessor-based server system, including one or more processors and memory executing a microprocessor-executed platform, including at least one database comprising a series of tables, records, and fields that define one or more data relationships; and executable logic configured to perform claim functions are recited at a high-level of generality (i.e., as a generic computer performing generic computer functions users interacting with an online marketplace to list and purchase re-sale hotel blocks) such that it amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use (e.g., a computer network).-see MPEP 2106.05(h).
Accordingly, the combination of the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
Under Step 2B of the Patent Subject Matter Eligibility analysis (see MPEP 2106.05), the claim(s) does/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 elements in the claims amount to no more than generally linking the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)). Generally linking the use of the judicial exception to a particular technological environment or field of use using generic computer components cannot provide an inventive concept.
The claims are not patent eligible.
The dependent claims have been given the full two part analysis including analyzing the additional limitations both individually and in combination. The dependent claim(s) when analyzed both individually and in combination are also held to be patent ineligible under 35 U.S.C. 101 because for the same reasoning as above and the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea. Dependent claims 2-13, 16-18, and 20 simply help to define the abstract idea. Dependent claims 14 simply further describes the technological environment.
The additional limitations of the dependent claim(s) when considered individually and as an ordered combination do not amount to significantly more than the abstract idea.
Viewing the claim limitations as an ordered combination does not add anything further than looking at the claim limitations individually. When viewed either individually, or as an ordered combination, the additional limitations do not amount to a claim as a whole that is significantly more than the abstract idea. Accordingly, claims 1-20 are ineligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11562387 B2 (“Gregorek”) discloses an e-commerce based transaction system on a network connected via the Internet to multiple remote computers and mobile phones providing the distribution of hotel room lodging reservations or other lodging sites for location and date of specific events. A central database is hosted on a server and transmitted to individual remote servers or users that can have a respective database of listings from individual brokers oration or other system participants. In the alternative, the blockchain can be a mode of information dissemination. E-commerce transactions are conducted by the system, which performs a number of transaction-related functions, such as posting available hotel room reservations or lodging site reservations for sale, and purchasing spaces for use, resale, brokerage or pure speculation online. The system and methodology accommodate location-based events where hotel rooms are listed by brokers or hotel operators or owners and sold to individual system users and marketed reflective of and in advance of specific time and location sensitive events.
US 10410143 B2 (“Jacob”) discloses a system for managing inventory transactions within an online marketplace including a reservation server to mediate inventory exchange from a buyer to a seller via an online network. The reservation server includes a memory and a processor coupled to the online network. The memory includes computer-executable instructions that when executed by the processor, establishes a sales channel between the seller and buyer. The sales channel includes a direct sales channel, an indirect sales channel, and resale channel. The online network includes a marketplace server including an inventory that can be reserved, sold, or resold through the sales channel mediated by the reservation server based on the reservation server receiving an inventory reservation request from the seller or buyer. Further, the inventory includes a set price, and the buyer can purchase, repurchase, reserve, option, or swap at least one inventory.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/RAVEN E YONO/Primary Examiner, Art Unit 3694
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