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 .
Summary
This Final Office Action in response to the communication received on January 29, 2026.
Claims 1, 11, 13-14, and 16-19 have been amended.
Claims 1-20 are pending.
The filing date of the claimed invention is May 20, 2024, and is a continuation of App 18/668,839 with the filing date of April 7, 2021.
Response to Amendment
Amendments to Claims 1, 11, 13-14, and 16-19 are acknowledged.
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 ineligible under 35 U.S.C. 101 because the claimed invention is directed a judicial exception (i.e., an abstract idea) that is integrated into a practical application under Step 2A- Prong 2.
Step 1 – Statutory Categories
As indicated in the preamble of the claim, the examiner finds the claim is directed to a process, machine, manufacture, or composition of matter.(Claims 1-10 are processes and Claims 11-20 are machines). Accordingly, step 1 is satisfied.
Step 2A – Prong 1: was there a Judicial Exception Recited
Claim 19 (and similarly Claims 1 and 11) recites the following abstract concepts that are found to include “abstract idea.” Any additional elements will be analyzed under Step 2A-Prong 2 and Step 2B:
One or more computer storage media having computer-executable instructions embodied thereon that, when executed, by one or more processors, cause the one or more processors to:
receive, at a user interface, a user specified item and a request to place the item in a fulfillment center (See MPEP 2106.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
access one or more data structures that indicate computer user activity metrics or statistics at each geographical region, of a plurality of geographical regions, the computer user activity metrics or statistics indicating a quantity of particular computerized input that one or more users engage in for the item at each geographical region, of the plurality of geographical regions (See MPEP 2106.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016));
based at least in part on the quantity of quantity of particular computerized input that one or more users engage in for the item at each geographical region, rank each fulfillment center in each geographical region as candidates to store or transport the item to (See MPEP 2106.04(a)(2)(III) mental processes, A wide-area real-time performance monitoring system for monitoring and assessing dynamic stability of an electric power grid – Electric Power Group, 830 F.3d at 1351 and n.1, 119 USPQ2d at 1740 and n.1); and
based at least in part on the ranking, cause generation of a user interface element that superimposes, over a map, a data object that at least partially indicates the ranking of a respective fulfillment center for a respective geographical region, of the plurality of geographical regions (See MPEP 2106.04(a)(2)(III) mental processes, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)).
Claim 19 (and similarly Claims 1 and 11) is directed to a series of steps for generating a display that ranks fulfillment centers based on user activity in geographic regions of the fulfillment, which are mental processes. The mere nominal recitation of a processor, computer readable data storage device, and a user interface does not take the claim out of the mental processes. Thus, Claim 19 (and similarly Claims 1 and 11) recites an abstract idea.
Step 2A – Prong 2: Can the Judicial Exception Recited be integrated into a practical application
Limitations that are indicative of integration into a practical application:
Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
The identified abstract idea of exemplary Claim 19 (and similarly Claims 1 and 11) is not integrated into a practical application. The additional elements are: a processor, computer readable data storage device, and a user interface, that implements the underlying abstract idea. These additional elements are broadly recited computer elements that do not add a meaningful limitation to the abstract idea because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. Claim 19 (and similarly Claims 1 and 11) is directed to an abstract idea.
Step 2B – Significantly More Analysis
Claim 19 (and similarly Claims 1 and 11) does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and in combination, steps a) receive a user-specified item and a request to place the item in a fulfillment center, b) access one or more data structures that indicate computer user activity metrics or statistics at each geographical region, c) based at least in part on the quantity of computerized input at each geographical region, rank each fulfillment center, and d) cause generation of a user interface element that superimposes a data object that indicates the ranking of a respective fulfillment center, etc., do not add significantly more to the exception because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). Claim 19 (and similarly Claims 1 and 11) is ineligible.
Claim 2 (and similarly Claim 12) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 3 (and similarly Claim 13) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 4 (and similarly Claim 14) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 5 (and similarly Claim 15) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 6 (and similarly Claims 16 and 20) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 7 (and similarly Claim 17) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 8 (and similarly Claim 18) recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 9 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim 10 recites the abstract idea of mental processes. See MPEP 2106.04(a)(2)(III).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 4-9, 11-12, and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2022/0036305 “Glick”, in view of US Pat 11,157,930 “Bachu”, further in view of US Pat Pub 2021/0133238 “Qui”, in view of US Pat Pub 2022/0129920 “Starostenko”.
As per Claims 1, 11, and 19, Glick discloses a computer-implemented method, system, and computer storage media having computer-executable instructions embodied thereon that, comprising:
receiving, via a user interface, a user query or selection specifying an item that represents a tangible product (Glick: [0012] The system receives a placement request for a set of inventory units from a merchant. The placement request includes one or more service level parameters that characterize the desired delivery performance that the merchant would like to achieve when inventory units are subsequently shipped from warehouses to customers, such as a delivery region and a desired shipping speed to that delivery region.);
based at least in part on the receiving of the user query or selection that specified the item, generating a request to place the item in a fulfillment center, the fulfillment center is indicative of a physical location from which one or more logistics providers fulfill buyer orders from the client application (Glick: [0012], the system receives a placement request for a set of inventory units from a merchant. The system identifies a set of warehouse nodes operated by third parties for storing the inventory. [0014] warehouse nodes include physical fulfillment centers (FCs), and distribution centers (DCs));
for each geographical region, of a plurality of geographical regions, accessing computer user activity for the item at each geographical region (Glick: [0027] placement requests can be based on current and/or projected customer demand [0064] demand can be expressed in geographic terms and can include a listing of delivery regions and the anticipated or historical amounts of inventory sold and/or shipped to each region);
in response to the accessing of the computer user activity metrics or statistics for the item and each geographical region, a data object that at least partially indicates the quantity of computerized input that the one or more users engage in for the item at each geographical region, of the plurality of geographical regions (Glick: [0027] placement requests can be based on current and/or projected customer demand [0064] demand can be expressed in geographic terms and can include a listing of delivery regions and the anticipated or historical amounts of inventory sold and/or shipped to each region); and
selecting a first geographical region, of the plurality of geographical regions, that the item is to be transported to (Glick: [0073] inventory units can be apportioned to warehouse nodes that are closer to delivery regions where expected customer demand is higher, and fewer inventory units can be apportioned to warehouse nodes that are closer to delivery regions where expected customer demand is lower).
Glick fails to disclose a computer-implemented method, system, and computer storage media having computer-executable instructions embodied thereon that, comprising:
accessing computer user activity metrics or statistics for the item, the computer user activity metrics or statistics indicating a quantity of particular computerized input that one or more users engage in for the item;
accessing computer user activity metrics or statistics for the item;
causing generation of a plurality of interface elements, each user interface element, of the plurality of user interface elements, superimposes, over a geographical map, a data object;
based on a selection associated with the one or more user interface elements.
Bachu teaches a computer-implemented method, system, and computer storage media having computer-executable instructions embodied thereon that, comprising:
causing generation of a plurality of interface elements, each user interface element, of the plurality of user interface elements, superimposes, over a map, a data object (Bachu: Column 14, lines 31-56, a user interface may be generated by user interface manager 126 that provides information regarding the one or more target locations to the user for the user to act upon by selecting to connect to a target location);
based on a selection associated with the one or more user interface elements (Bachu: Column 14, lines 31-56, a user interface may be generated by user interface manager 126 that provides information regarding the one or more target locations to the user for the user to act upon by selecting to connect to a target location).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Glick to include a user interface for selecting an option as taught by Bachu, when selecting an inventory center that the item is to be transported as taught by Glick with the motivation of generating a user interface that intuitively provides information to a user for the user to act upon (Bachu: Column 12, lines 24-34).
Glick and Bachu fail to disclose a computer-implemented method, system, and computer storage media having computer-executable instructions embodied thereon that, comprising:
accessing computer user activity metrics or statistics for the item, the computer user activity metrics or statistics indicating a quantity of particular computerized input that one or more users engage in for the item;
accessing computer user activity metrics or statistics for the item;
causing generation of a plurality of interface elements, superimposes, over a map, a data object.
Qui teaches a computer-implemented method, system, and computer storage media having computer-executable instructions embodied thereon that, comprising:
causing generation of a plurality of interface elements, superimposes, over a map, a data object (Qui: [0062] FIG. 7 illustrates a popup display area 700 that UI manager 110 superimposes over the visual elements 305-325 and the view of the map.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Glick and Bachu to include superimposing a data object as taught by Qui, when selecting an inventory center that the item is to be transported as taught by Glick and Bachu with the motivation for rendering these visual elements in a manner that shows the data (e.g., measures) as being categorized according to different attributes (e.g., dimensions) associated with the data. (Qui: [0040]).
Glick, Bachu, and Qui fail to disclose a computer-implemented method, system, and computer storage media having computer-executable instructions embodied thereon that, comprising:
accessing computer user activity metrics or statistics for the item, the computer user activity metrics or statistics indicating a quantity of particular computerized input that one or more users engage in for the item;
accessing computer user activity metrics or statistics for the item.
Starostenko teaches a computer-implemented method, system, and computer storage media having computer-executable instructions embodied thereon that, comprising:
accessing computer user activity metrics or statistics for the item, the computer user activity metrics or statistics indicating a quantity of particular computerized input that one or more users engage in for the item (Starostenko: [0142] making a decision … based on the user metrics [0143] wherein said metrics (e.g., statistics) include one, more or all of: sales per user per time unit, sales per user per access of item listing, click-through rates or a product selection indicator such as adding an item to a cart, wish list or comparison list.);
accessing computer user activity metrics or statistics for the item (Starostenko: [0142] making a decision … based on the user metrics [0143] wherein said metrics (e.g., statistics) include one, more or all of: sales per user per time unit, sales per user per access of item listing, click-through rates or a product selection indicator such as adding an item to a cart, wish list or comparison list.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Glick, Bachu, and Qui to include accessing computer user activity metrics or statistics indicating a quantity of computerized input that one or more users engage in for the item as taught by Starostenko, when selecting an inventory center that the item is to be transported as taught by Glick, Bachu, and Qui with the motivation for different user groups with each group of users being provided access to products through the taxonomy which provides the best results for the group (Starostenko: [0020]).
As per claims 2 and 12, Glick discloses a method and system, wherein a corresponding fulfilment center and a respective geographical region that the fulfilment center is in (Glick: [0073]).
Glick fails to disclose but Bachu teaches a method and system, wherein the user interface further includes at least one or more other user interface elements , and wherein the selection is based on receiving a selection of the one or more other user interface elements (Bachu: Column 14, lines 31-56).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Glick to include a user interface for selecting an option as taught by Bachu, when selecting an inventory center that the item is to be transported as taught by Glick with the motivation of generating a user interface that intuitively provides information to a user for the user to act upon (Bachu: Column 12, lines 24-34).
As per Claims 4 and 14, Glick discloses a method and system, wherein the request is indicative of user input that specifies the item, the item being a candidate for purchase at the client application (Glick: [0012]).
As per Claims 5 and 15, Glick fails to disclose but Bachu teaches a method and system, wherein the selection is based on receiving a user selection of the data object at the map for a respective geographical region, of the plurality of geographical regions (Bachu: Column 14, lines 31-56).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Glick to include a user interface for selecting an option as taught by Bachu, when selecting an inventory center that the item is to be transported as taught by Glick with the motivation of generating a user interface that intuitively provides information to a user for the user to act upon (Bachu: Column 12, lines 24-34).
As per Claims 6, 16, and 20, Glick discloses a method, system, and computer storage media, further comprising:
an identifier of the first fulfillment center that the data object represents, the first geographical region that the first fulfillment center is in, an indication of a ranking of the first geographical region relative to the plurality of geographical regions with respect to consumer demand, a model prediction of a likelihood of sales for the item in the first geographical region, or a cost for transporting the item from a seller’s location to the first fulfillment center (Glick: [0030], and [0072]).
Glick and Bachu fail to disclose a method, system, and computer storage media, further comprising:
receiving an indication that a pointer has hovered over the data object for the first geographical region; and
in response to the receiving of the indication, automatically causing a pop-up user interface element to be displayed, and wherein the pop-up user interface element indicates.
Qui teaches a method, system, and computer storage media, further comprising:
receiving an indication that a pointer has hovered over the data object (Qui: [0059]); and
in response to the receiving of the indication, automatically causing a pop-up user interface element to be displayed, and wherein the pop-up user interface element indicates (Qui: [0059]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Glick and Bachu to include superimposing a data object as taught by Qui, when selecting an inventory center that the item is to be transported as taught by Glick and Bachu with the motivation for rendering these visual elements in a manner that shows the data (e.g., measures) as being categorized according to different attributes (e.g., dimensions) associated with the data. (Qui: [0040]).
As per Claims 7 and 17, Glick discloses a method and system, further comprising:
ranking each fulfillment center for each geographical region, of the plurality of geographical regions, based at least in part on the quantity of computer user activity of the item at each geographical region, wherein the data object further indicates the ranking (Glick: [0072]); and
based on the ranking, recommending a first fulfillment center to transport the item to (Glick: [0072]).
As per Claims 8 and 18, Glick discloses a method and system, wherein the causing generation of the one or more user interface elements is further based on a cost of placing the item at each fulfillment center in each geographical region, of the plurality of geographical regions, and wherein the data object further indicates the cost (Glick: [0030]).
As per Claim 9, Glick discloses a method and system, further comprising:
receiving a second request to place a second item in a fulfillment center (Glick: [0056]);
in response to the receiving of the second request, determining a consumer demand of the second item for each geographical region of the plurality of geographical regions (Glick: [0056]);
based at least in part on the consumer demand, causing generation of a second plurality of user interface elements, each user interface element, of the second plurality of user interface elements, superimposes, over the map, a second data object that at least partially indicates a second quantity of computer user activity for a respective geographical region, of the plurality of geographical regions (Glick: [0056]); and
based on a selection associated with at least one of the second plurality of user interface elements, selecting a second fulfillment center within a second geographical region, of the plurality of geographical regions, that the second item is to be transported to (Glick: [0056]).
Claim(s) 3, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2022/0036305 “Glick”, in view of US Pat 11,157,930 “Bachu”, further in view of US Pat Pub 2021/0133238 “Qui”, in view of US Pat Pub 2022/0129920 “Starostenko”, and also in view of “Bubble Map.” Charts - Data Visualization and Human Rights, http://visualizingrights.org/kit/charts/bubble-map.html. date accessed using the wayback machine https://web.archive.org/web/20180228040030/http://visualizingrights.org/kit/charts/bubble-map.html
As per Claims 3 and 13, Glick, Bachu, Qui, and Starostenko fail to disclose, but “Bubble Map” teaches a method and system, wherein the data object includes a bubble data object and the map includes a bubble map, and wherein a size of the bubble data object indicates the consumer demand for the item at a particular geographical region (Bubble Maps: pages 2-3).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Glick, Bachu, Qui, and Starostenko to include representing the data using a bubble map as taught by Bubble Map, when selecting an inventory center that the item is to be transported as taught by Glick, Bachu, Qui, and Starostenko with the motivation of effectively relaying the effect of location a particular variable to be analyzed and comparisons need to be made (Bubble Map: page 2).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2022/0036305 “Glick”, in view of US Pat 11,157,930 “Bachu”, further in view of US Pat Pub 2021/0133238 “Qui”, in view of US Pat Pub 2022/0129920 “Starostenko”, and also in view of US Pat Pub 2008/0301009 “Plaster”.
As per Claim 10, Glick, Bachu, Qui, and Starostenko fail to disclose but Plaster teaches a method and system, further comprising:
subsequent to the selecting, receiving a second request for an item listing that describes the item, the item listing being included in the client application, the item being for sale via the client application (Plaster: [0123], Based on a purchasing customer’s search, items are presented to the purchasing customer for sale may include one or more items which were listed by listing customer and shipped to a facility of the fulfillment services provider);
in response to the receiving of the second request, causing presentation of the item listing as a search result on a search results page for the second request (Plaster: [0123], Based on a purchasing customer’s search, items are presented to the purchasing customer for sale may via an electronic commerce web site, and include one or more items which were listed by listing customer and shipped to a facility of the fulfillment services provider);
receiving a selection of the search result at the search results page (Plaster: [0124], The purchasing customer may select for purchase, for example via the sales listing services interface, a particular item from the list of one or more items displayed. The item may be added to a virtual "shopping cart" for the customer. When the purchasing customer is ready to "check out", the customer completes the purchase, for example via interaction with the sales listing services interface); and
subsequent to the selection, causing transportation of the item from a first fulfillment center to a destination location associated with the second request and the first geographical region (Plaster: [0131], The item(s) on the purchase order, or at least a portion of the items, including one or more items listed by listing customer, may then be shipped to the purchasing customer as shipment).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Glick, Bachu, Qui, and Starostenko to include listing and selling an item for sale as taught by Plaster, when selecting an inventory center that the item is to be transported as taught by Glick, Bachu, Qui, and Starostenko with the motivation of providing increased quality control by consolidating inventory from merchants that list their offerings along with other merchants via an electronic marketplace (Plaster: [0006]).
Response to Arguments
Applicant’s arguments, see Applicant Arguments/Remarks Made in an Amendment, filed January 29, 2026, with respect to the rejection(s) of claim(s) 1-20 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US Pat Pub 2022/0036305 “Glick”, in view of US Pat 11,157,930 “Bachu”, further in view of US Pat Pub 2021/0133238 “Qui”, in view of US Pat Pub 2022/0129920 “Starostenko”.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REVA R MOORE whose telephone number is (571)270-7942. The examiner can normally be reached M-Th: 9:00-6:00.
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/REVA R MOORE/Examiner, Art Unit 3627
/FAHD A OBEID/Supervisory Patent Examiner, Art Unit 3627
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