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
Due to communications filed 6/16/26, the following is a final office action. Claims 1, 7, 11, 14, 18, 20 are amended. Claims 1-20 are pending in this application and are rejected as follows. The previous Office action has been updated to reflect claim amendments.
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 is directed to a
judicial exception (I.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly
more.
With regard to the present claims 1, 8, 15, these claim recites a series of steps and, therefore, is a process, and ultimately, is statutory.
With regard to Set 2A, Prong One, the claims are directed to the abstract idea of both mental processes and certain methods of organizing human activity. The claims are rejected under mental processes through specifically identifying indications of the assignment status of items, identifying items awarded, determining a shipping schema, and determining a bundled shipment. The claims are also rejected under certain methods of organizing human activity through specifically, managing and optimizing the shipment of items awarded to recipients during a live event, including identifying item assignments, grouping items awarded to a particular recipient, determining a bundled shipping arrangement based on item and carrier information, and minimizing total shipping cost. The mere nominal recitation of a generic computer/computer network does not take the claim out of the methods of the "Mental Processes" grouping. Thus, the claim recites an abstract idea.
With regard to Step 2A, Prong Two, the claims are not integrated into a practical application. The limitations directed to monitoring electronic communications, identifying assignments, grouping items, determining a shipping schema, and minimizing shipping cost constitute organizing and managing commercial activity. Although the claim recites a publish-subscribe messaging framework, servers, client computing devices, subscription preferences, and a real-time video stream, these limitations merely provide a technological environment and generic computer implementation for performing the identified abstract idea. The claim does not recite an improvement to the functioning of the messaging framework, video streaming, computers, or shipping technology. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea.
With regard to Step 2B, Finally, the claims do not recite an inventive concept. The additional element of “intelligent bundling means” likewise merely performs the desired result of determining a shipping schema that minimizes total shipping cost and does not recite a particular technological mechanism that achieves technological improvement. Accordingly, the additional elements, individually and in combination, do not integrate the abstract idea into a practical application. The claim therefore fails to satisfy 35 U.S.C. § 101.. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is therefore ineligible.
Dependent claims 2-7, 9-14 and 16-20 are also directed to same grouping of methods of organizing human activity. The additional elements of the computer-implemented method in claims 2-10; processors in claims 2, 10 and 12; chatbot in claim 6 and 16; computer system in claims 12-19; database in claims 2 and 12; machine learning model in claims 4 and 14; image, audio, video and telematics data in claims 5 and 15, are additional elements do no more than generally link the use of the judicial exception to a particular technological environment or field of use. Accordingly, in combination, these 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.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over PUBLICOVER et al (
AU 2014324893 A1), and further in view of (JP 7610499 B2), and further in view of JENKINS (AU 5404401 A).
As per claim 1, PUBLICOVER et al discloses:
monitoring a plurality of electronic communications of a publish/subscribe messaging framework a live
event associated with (i) respective offerings of a plurality of items by a host to a plurality of guests via
the publish/subscribe messaging framework among a host client computing device of the host and
respective guest client computing devices of the plurality of guests, and (ii) a real-time video stream
from the host client computing device to each of the respective guest client computing devices of the
plurality of guests, the real-time video stream persisting through the offerings of the plurality of items,
(PUBLICOVER [070] The example system 100 also comprises User Devices 160. The User Devices 160 are
computing Devices associated with Users (e.g., mobile phones, smartphones, tablet devices,
smartwatches, etc.). [071] The system 100 also comprises a First Device 140 (e.g., a television or another
type of display Device). The Device 140 can be a shared First Device (e.g., a display that is shared by the
Users of the User Devices 160, such as a television in a home being viewed by multiple Users or a
television in a business such as a sports bar or a movie screen in a theater). In some situations, multiple
First Devices can be provided (e.g., multiple televisions can be viewed by multiple Users in a shared
viewing system, such as a sports bar). [072] While mobile devices offer a quick way to bootstrap the
Arkiis T M system, in the long run, it will be easier for Users to have Arkiis TM functionality integrated
with the devices that provide Content to First Devices that can be simultaneously shared with Users
present. There are several ways this may be accomplished, including: e Custom DVR boxes (or audio only
equivalent, DAR) that interleave live broadcast feeds with prerecorded Targeted Marketing Content. In
some embodiments, the live broadcast is time shifted by several seconds to allow more seamless feed
integration, commercial detection, and synchronization of targeted advertising end (including Consumer
Feedback). Such buffering adjusts automatically from one commercial break to the next to keep the live
lag to a minimal amount sufficient to allow seamless integration of the live and pre-recorded streams
The Custom DVR is in communication with the Arkiis TM cloud servers to receive Targeted Marketing
Content for presentation and for recording for future presentation. The Custom DVR keeps track of the
Profile(s) to which Targeted Marketing Content applies);
causing the indications of the assignments of the respective ones of the plurality of items to be provided
as inputs to an intelligent bundling means at one or more servers or at the host client computing device,
(PUBLICOVER: Abstract: Targeted Content solutions can be provided using a variety of techniques. Targeted Content can be provided in place of generic advertisements on a first device or on
personal computing devices. Targeted Content can be presented during, or in place of, generic
advertisements in Content (e.g., television content, streaming content, etc.). Targeted Content can be
provided in individual and/or group environments. In a group environment, Users and/or Devices can be
grouped into a shared advertising group and Targeted Content can be selected based on Profiles of one
or more members of the group. Feedback can be received regarding Targeted Content and payout
amount can be determined);
via the intelligent bundling means:
identifying, from among the plurality of items, a subset of items comprising two or more items awarded
to a particular recipient during the live event, based upon the monitored electronic communications,
(PUBLICOVER [0134]: The targeted TM product placement in the game is based upon the User's Arkiis
Profile characteristics. By linking a User's ArkiisTM Profile with their online gaming accounts (e.g. Xbox
Live, PlayStation® Network Account, Club Nintendo® Account, etc.) targeted advertisements and
product placement in games may closely reflect a User's gaming persona; [0136] An example usage
scenario [of the ArkiisTM system] describing product placement in a video game is as
follows: JumpSport® has recently come out with a safer skateboard design for children and has an
approved educational advertisement to target Joey's professed interest in buying his first skateboard.
JumpSport's® targeted ad wins placement by satisfying his Profile requirements and bidding highest and
pays Joey $0.25 to play and complete it. The advertisement is an interactive video game that requires
Joey to complete a series of multiplication problems that are tailored to his individual educational needs
as determined by his linked standardized test results or certain approved online math educational
programs that are linked to his Arkiis TM Profile. Completed problems allow Joey to virtually build and
configure his proposed new skateboard to gather the parts and then assemble them followed by his
selecting and virtually donning his safety gear. Only once his skateboard is fully assembled and he is
wearing all the safety gear is he able to ride the virtual skateboard and unlock a video tutorial that
teaches him his first skateboarding trick. Because Joey completes the multiplication problems quickly and correctly, he is also awarded with a coupon for free shipping on a new JumpSport® skateboard.
Additionally, Joey's parents have sweetened the deal by agreeing to contribute their own Arkiis TM
credits to increase Joey's advertising credit by $5 for each education advertisement Joey completes that
demonstrates his improvement. Joey's performance on the JumpSport® advertisement demonstrated
improvement in his multiplication skills and thus earned him the $5 bonus supplied by his parents
through the Arkis system, sufficiently raising his Arkiis T M User Profile balance so that he can now
afford the skateboard with his own money; [Here, JumpSport is an online interactive game through
linking a User's ArkiisTM Profile with his online gaming account out of many possible online gaming
accounts. The subset of items are represented by for example, a video tutorial or free shipping since
they are awards given during live streaming of JumpSport®, are specific to JumpSport®, Since these
items are awards given during live streaming JumpSport®, are specific to JumpSport®, and are a
particular grouping of items out of all the different items given as awards of the JumpSport game, each
particular item is a subset of all the different items that can be given. These awards are given based on
the player's interactions and feedback of accomplishing tasks presented by the game, which shows that
they are based upon the monitored electronic communications).
PUBLICOVER et al discloses the indications [of assignments] being contained in at least a portion of the
classes of messages, (See PUBLICOVER et al: "For example, a User may assign relative percentages to
aspects of a review in their Profile, assigning 0% to those aspects that are not important and increasing
percentages to those aspects that are increasingly important to them. Aspects may include, both
subjective and objective measures, including accuracy of message").
However, PUBLICOVER et al does not disclose the following limitations, but (JP 7610499 B2) discloses:
and wherein the monitoring comprises identifying indications of assignments of respective ones of the
plurality of items to respective recipients from among the plurality of guests ( (JP 7610499 B2) The
packing number assignment unit 102b groups products with the same customer CD, delivery
destination, delivery company CD, and shipping date in the shipping schedule data 106i, and assigns the
same packing number);
determining a shipping schema for providing the subset of items from an origin to a location of the
particular recipient, based upon (i) item information associated with respective ones of the subset of
items, and (ii) shipping information associated with a carrier, ((JP 7610499 B2), The packing number
assignment unit 102b groups products with the same customer CD, delivery destination CD, delivery
company CD, and shipping date in the shipping schedule data 106i, and assigns the same packing
number. Figure 13 shows shipping schedule data 106i' in which the packing numbers and packing line
numbers assigned by the packing number assignment unit 102b are input for the shipping schedule data
106i in Figure 12. In FIG. 13, the packing number KONOO01 is assigned to products (JYU001 and JYU002)
with a customer CD of TOK001, a delivery destination CD of NOUO01A, a delivery company CD of 10,
and a shipping date of 2021/9/22, the packing number 0002 is assigned to products (JYU004 and
JYU003) with a customer CD of TOKO01, a delivery destination CD of NOUOO1B, a delivery company CD
of 20, and a shipping date of 2021/9/22, and the packing number KONO003 is assigned to products
(JYU005) with a customer CD of ToKoo2, a delivery destination CD of NOUOO2D, a delivery company
CD of 21, and a shipping date of 2021/9/22. The packing line number is a serial number for products
with the same packing line number.
wherein the determined shipping schema comprises a bundled shipment of multiple items from among
the subset of items, ((JP 7610499 B2): "After creating the shipping schedule data 106i, the packing
number assignment unit 102b groups products with the same customer CD, delivery destination CD,
delivery company CD, and shipping date in the shipping schedule data 106i and assigns the same packing
number (step S-2)").
and wherein the determined shipping schema minimizes a total shipping cost of the subset of items
from the origin to the location of the particular recipient in view of the shipping information
associated with the carrier, ((JP 7610499 B2): "After the parcel serial number has been assigned, the
delivery statement creation unit 102f creates a delivery statement (step S-6). By entering the total
number of parcels of the products to be packed, the parcel serial number, delivery address, delivery
name, product information, product number CD, product number thickness, product number size,
quantity, and whether or not the products are mixed in the delivery statement, it is possible to pack and
ship while checking the delivery statement, which reduces packing and shipping errors. In addition, since
the delivery statement can be prepared before packing and shipping, the time required for shipping can
be reduced. In addition, since it is possible to automatically determine whether products packed in
fractional quantities are mixed in the same package, it is possible to prevent dependency on a specific
person and reduce the cost required for shipping the products");
causing an indication of the determined shipping schema to be presented to the host via the client
computing device of the host, ((JP 7610499 B2): "When the operator inputs a shipping date on the
shipping instruction screen MA shown in FIG. 11, the shipping schedule data creation unit 102a extracts
the product data for the input shipping date from the order data 106h and creates shipping schedule
data 106i (step S-1). FIG. 12 shows shipping schedule data 106i in which the product data for the
shipping date of 2021/9/22 has been extracted").
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the
above limitations as taught by (JP 7610499 B2) in the systems of PUBLICOVER et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
PUBLICOVER does not disclose: wherein the monitored plurality of electronic communications of the
publish/subscribe messaging framework comprise classes of messages defined by one or more servers
and distributed among the host client computing device and the quest client computing devices by the
one or more servers based on subscription preferences of the quest client computing devices,
However, JENKINS (AU 5404401 A) discloses: (Claims: (1) A distributed data management server
connected to said commercial radio service provider network; (5) A system according to claim 1 wherein
said messages can be classified into a plurality of message categories; (18) A system according to claim
14 wherein said interface allows a subscriber to designate those subscribers who are able to view said
messages. (19) A system according to claim 14 wherein said messages can be classified into different
classes of messages. A system according to claim 19 wherein said interface is operable to allow a
subscriber to designate those categories of messages he is interested in viewing; (21) A system
according to claim 19 wherein said messages are viewed on the basis of a subscriber's preferences with
regard to categories of messages that will be viewed).
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the
above limitations as taught by JENKINS in the systems of PUBLICOVER et al, since the claimed invention
is merely a combination of old elements, and in the combination each element merely would have
performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 2, PUBLICOVER et al does not disclose the following limitations, however, (JP 7610499 B2)
discloses:
wherein the item information comprises a base shipping weight and an incremental shipping weight of
at least one item from among the subset of items, ((JP 7610499 B2): As shown in FIG. 15, the packing
details data 106j includes, for example, packing number, packing serial number, parcel serial number,
customer CD, delivery destination CD, delivery company CD, required arrival date, product number CD,
product name, order quantity, quantity, number of unit packages, number of fractional packages,
number of packing units, mixed load type, mixed load unit, maximum mixed load, attached packing
category, attached packing limit, size, thickness, unit weight, etc. Packing details data 106j is created by
referencing shipping schedule data 106i, product number master 106a, mixed load type master 106b,
mixed load unit master 106c, maximum mixed load amount master 106d, etc., and obtaining the
number of packing units, mixed load type, mixed load unit, maximum mixed load, attached packing
category, attached packing limit, size, thickness, and unit weight using the product number, etc. as a
key.
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the
above limitations as taught by (JP 7610499 B2) in the systems of PUBLICOVER et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 3, PUBLICOVER et al discloses:
wherein the item information comprises a custom shipping profile defined by the host for at least one
item from among the subset of items, ([020] Embodiments of the present invention concern systems for
selling goods online via a global computer network. The end user signs up for the disclosed system and,
in some embodiments, downloads profile creation software for use on a local computer. The user then
creates a customized profile, that can remain private, which may include one or more of: demographic
information, income level, interests/hobbies, geographic location, type of buyer, and search intentions
which can remain opaque or anonymous to any potential advertiser or producer. The user then uploads
the customized profile information to a database. Based on profile information, the disclosed system
assigns an initial Click Value to the user (amount that advertisers are willing to pay a user for their click,
determined by the advertiser and partially based on specificity and details of a user's profile). The
customized profile is also used to determine Focus Spectrum Statistics (including the percentage of
similar users who decided to click on the product and the smaller percentage that followed through with
a conversion), which encompass the range of interests for the advertisements that the user, who may
remain anonymous, will view).
As per claim 4, PUBLICOVER et al does not disclose the following limitations, however, (JP 7610499 B2)
discloses:
wherein the item information defines, for at least one particular item from among the subset of items, a
maximum number of instances the particular item permitted to be included in a bundled shipment. ((JP
7610499 B2): The memory unit 106 stores, for example, a product number master 106a, a mixed load
type master 106b, a mixed load unit master 106c, a mixed load maximum value master 106d). It would
have been obvious to one of ordinary skill in the art at the time of the invention to include the above
limitations as taught by (JP 7610499B2) in the systems of PUBLICOVER et al, since the claimed invention
is merely a combination of old elements, and in the combination each element merely would have
performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 5, PUBLICOVER et al discloses:
wherein the one or more processors include one or more processors of the host client computing
device, (Their computers, smartphones, smartwatches, or other wearable computing devices that are
Arkis TM enabled hook up due to Physical Proximity detected by one or more of the following means:
using Bump Technologies -like technology, using GPS, using Wi-Fi router location triangulation
technology, or using direct communication via Bluetooth, Wi-Fi, Near-Field Communication, and/or
infrared communication (IR), etc. An Arkiis-enabled Device is one that - 91 - WO 2015/048338
PCT/US2014/057532 TM includes software that communicates with the Arkiis cloud and/or other Arkiis -
enabled TM Devices through the installation of an app, firmware update, factory-supplied Arkiis chip or
ROM, SIM-like card, and/or add-on hardware device like the Square TM mobile credit card reader that
attaches to the host device to make it Arkiis-enabled.)
As per claim 6, PUBLICOVER et al does not disclose the following limitations, however, (JP 7610499 B2)
discloses:
further comprising causing a shipping label for the bundled shipment to be generated and presented at
the host client computing device, ((JP 7610499 B2): FIG. 21 is a diagram showing an example of a
delivery details. In FIG. 21, a delivery details is created as a label to be attached to the packaged
product. An example of a general delivery details label is shown in the center, and a delivery details label
for a group of products with packing serial number KONOO01 is shown on the right. Each label not only
functions as a delivery details when attached to a product, but also indicates the total number of
packages, package serial number, delivery address, delivery name, product information, product
number CD, product number thickness, product number size, quantity, and whether or not mixed
loading is performed. It would have been obvious to one of ordinary skill in the art at the time of the
invention to include the above limitations as taught by (JP 7610499 B2) in the systems of PUBLICOVER et
al, since the claimed invention is merely a combination of old elements, and in the combination each
element merely would have performed the same function as it did separately, and one of ordinary skill
in the art would have recognized that the results of the combination were predictable.
As pr claim 7, PUBLICOVER et al does not disclose the following limitations, however, (JP 7610499 B2)
discloses: determining a remaining allowable weight in the bundled shipment, such that an addition of a
further one or more items to the bundled shipment does not increase a shipping cost of the bundled
shipment when a combined weight of the further one or more items is less than or equal to the
remaining allowable weight; and causing an indication of one or more candidate items less than or equal
to the remaining allowable weight to be presented at the host client computing device, (The
product number and mixed-item type CD of the product are stored in the product number master 106a.
For example, as shown in FIG. 3, the product number master 106a stores the product number code,
product number name, number of packing units, unit weight, thickness, mixed-item type CD, accessory
packing category, accessory packing limit number, size, etc. for each product. The mixed-item type CD is
the mixed-item type attached to the product. For example, if the product number code HINO041,
HINO048, or HINOOSO is attached with the same mixed-item type CD KSO1, and the package quantity is
a fractional package that is less than the package unit number, it is determined whether it can be
mixed).
It would have been obvious to one of ordinary skill in the art at the time of the invention to
include the above limitations as taught by (JP 7610499 B2) in the systems of PUBLICOVER et al, since the
claimed invention is merely a combination of old elements, and in the combination each element merely
would have performed the same function as it did separately, and one of ordinary skill in the art would
have recognized that the results of the combination were predictable.
As per claim 8, this claim recites limitations similar to those disclosed in independent claim 1 and is
therefore rejected for similar reasons.
As per claim 9, PUBLICOVER et al does not disclose the following limitations, however, (JP 7610499 B2)
discloses: wherein the item information comprises a base shipping weight and an incremental shipping
weight of at least one item from among the subset of items, (As shown in FIG. 15, the packing details
data 106j includes, for example, packing number, packing serial number, parcel serial number, customer
CD, delivery destination CD, delivery company CD, required arrival date, product number CD, product
name, order quantity, quantity, number of unit packages, number of fractional packages, number of
packing units, mixed load type, mixed load unit, maximum mixed load, attached packing category,
attached packing limit, size, thickness, unit weight, etc. Packing details data 106j is created by
referencing shipping schedule data 106i, product number master 106a, mixed load type master 106b,
mixed load unit master 106c, maximum mixed load amount master 106d, etc., and obtaining the
number of packing units, mixed load type, mixed load unit, maximum mixed load, attached packing
category, attached packing limit, size, thickness, and unit weight using the product number, etc. as a
key).
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the
above limitations as taught by (JP 7610499 B2) in the systems of PUBLICOVER et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 10, PUBLISCOVER et al discloses:
wherein the item information comprises a custom shipping profile defined by the host for at least one
item from among the subset of items, ([020] Embodiments of the present invention concern systems for
selling goods online via a global computer network. The end user signs up for the disclosed system and,
in some embodiments, downloads profile creation software for use on a local computer. The user then
creates a customized profile, that can remain private, which may include one or more of: demographic
information, income level, interests/hobbies, geographic location, type of buyer, and search intentions
which can remain opaque or anonymous to any potential advertiser or producer. The user then uploads
the customized profile information to a database. Based on profile information, the disclosed system
assigns an initial Click Value to the user (amount that advertisers are willing to pay a user for their click,
determined by the advertiser and partially based on specificity and details of a user's profile). The
customized profile is also used to determine Focus Spectrum Statistics (including the percentage of
similar users who decided to click on the product and the smaller percentage that followed through with
a conversion), which encompass the range of interests for the advertisements that the user, who may
remain anonymous, will view).
As per claim 11, PUBLICOVER et al does not disclose the following limitations, however, (JP 7610499 B2)
discloses: wherein the item information defines, for at least one particular item from among the subset
of items, a maximum number of instances the particular item permitted to be included in a bundled
shipment, (The memory unit 106 stores, for example, a product number master 106a, a mixed load type
master 106b, a mixed load unit master 106c, a mixed load maximum value master 106d).
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the
above limitations as taught by (JP 7610499 B2) in the systems of PUBLICOVER et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 12, PUBLICOVER et al discloses:
wherein the one or more processors include one or more processors of the host client computing
device, (Their computers, smartphones, smartwatches, or other wearable computing devices that are
Arkis TM enabled hook up due to Physical Proximity detected by one or more of the following means:
using Bump Technologies -like technology, using GPS, using Wi-Fi router location triangulation
technology, or using direct communication via Bluetooth, Wi-Fi, Near-Field Communication, and/or
infrared communication (IR), etc. An Arkiis-enabled Device is one that 91 WO 2015/048338
PCT/US2014/057532 TM includes software that communicates with the Arkiis cloud and/or other Arkiis
enabled TM Devices through the installation of an app, firmware update, factory-supplied Arkiis chip or
ROM, SIM-like card, and/or add-on hardware device like the Square TM mobile credit card reader that
attaches to the host device to make it Arkiis-enabled. ).
As pe claim 13, PUBLICOVER et al does not disclose the following limitations, however, (JP 7610499 B2)
discloses: wherein the instructions, when executed via the one or more processors, further cause the
one or more computers to cause a shipping label for the bundled shipment to be generated and
presented at the host client computing device, (FIG. 21 is a diagram showing an example of a delivery
details. In FIG. 21, a delivery details is created as a label to be attached to the packaged product. An
example of a general delivery details label is shown in the center, and a delivery details label for a group
of products with packing serial number KONO001 is shown on the right. Each label not only functions as
a delivery details when attached to a product, but also indicates the total number of packages, package
serial number, delivery address, delivery name, product information, product number CD, product
number thickness, product number size, quantity, and whether or not mixed loading is performed).
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the
above limitations as taught by (JP 7610499 B2) in the systems of PUBLICOVER et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 14, PUBLICOVER et al does not disclose the following limitations, however, (JP 7610499 B2)
discloses: wherein the instructions, when executed via the one or more processors, further cause the
one or more computers to: determine a remaining allowable weight in the bundled shipment, such that
an addition of a further one or more items to the bundled shipment does not increase a shipping cost of
the bundled shipment when a combined weight of the further one or more items is less than or equal to
the remaining allowable weight; and cause an indication of one or more candidate items less than or
equal to the remaining allowable weight to be presented at the host client computing device,
(The product number and mixed-item type CD of the product are stored in the product number master
106a. For example, as shown in FIG. 3, the product number master 106a stores the product number
code, product number name, number of packing units, unit weight, thickness, mixed-item type CD,
accessory packing category, accessory packing limit number, size, etc. for each product. The mixed-item
type CD is the mixed-item type attached to the product. For example, if the product number code
HIN0041, HINO048, or HINOO50 is attached with the same mixed-item type CD KSO1, and the package
quantity is a fractional package that is less than the package unit number, it is determined whether it
can be mixed).
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the
above limitations as taught by (JP 7610499 B2) in the systems of PUBLICOVER et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 15, this claim recites limitations similar to those disclosed in independent claim 1 and is
therefore rejected for similar reasons.
As per claim 16, PUBLICOVER et al does not disclose the following limitations, however, (JP 7610499 B2)
discloses: wherein the item information comprises a base shipping weight and an incremental shipping
weight of at least one item from among the subset of items: (As shown in FIG. 15, the packing details
data 106j includes, for example, packing number, packing serial number, parcel serial number, customer
CD, delivery destination CD, delivery company CD, required arrival date, product number CD, product
name, order quantity, quantity, number of unit packages, number of fractional packages, number of
packing units, mixed load type, mixed load unit, maximum mixed load, attached packing category,
attached packing limit, size, thickness, unit weight, etc. Packing details data 106j is created by
referencing shipping schedule data 106i, product number master 106a, mixed load type master 106b,
mixed load unit master 106c, maximum mixed load amount master 106d, etc., and obtaining the
number of packing units, mixed load type, mixed load unit, maximum mixed load, attached packing
category, attached packing limit, size, thickness, and unit weight using the product number, etc. as a
key). It would have been obvious to one of ordinary skill in the art at the time of the invention to include
the above limitations as taught by (JP 7610499 B2) in the systems of PUBLICOVER et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 17 PUBLICOVER et al discloses:
wherein the item information comprises a custom shipping profile defined by the host for at least one
item from among the subset of items, ([020] Embodiments of the present invention concern systems for
selling goods online via a global computer network. The end user signs up for the disclosed system and,
in some embodiments, downloads profile creation software for use on a local computer. The user then
creates a customized profile, that can remain private, which may include one or more of: demographic
information, income level, interests/hobbies, geographic location, type of buyer, and search intentions
which can remain opaque or anonymous to any potential advertiser or producer. The user then uploads
the customized profile information to a database. Based on profile information, the disclosed system
assigns an initial Click Value to the user (amount that advertisers are willing to pay a user for their click,
determined by the advertiser and partially based on specificity and details of a user's profile). The
customized profile is also used to determine Focus Spectrum Statistics (including the percentage of
similar users who decided to click on the product and the smaller percentage that followed through with
a conversion), which encompass the range of interests for the advertisements that the user, who may
remain anonymous, will view).
As per claim 18, PUBLICOVER et al does not disclose the following limitations, however, (JP 7610499 B2)
discloses: wherein the item information defines, for at least one particular item from among the subset
of items, a maximum number of instances the particular item permitted to be included in a bundled
shipment. (The memory unit 106 stores, for example, a product number master 106a, a mixed load type
master 106b, a mixed load unit master 106c, a mixed load maximum value master 106d) It would have
been obvious to one of ordinary skill in the art at the time of the invention to include the above
limitations as taught by (JP 7610499B2) in the systems of PUBLICOVER et al, since the claimed invention
is merely a combination of old elements, and in the combination each element merely would have
performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
As per claim 19, PUBLICOVER et al discloses:
wherein the one or more processors include one or more processors of the host client computing device
,
(Their computers, smartphones, smartwatches, or other wearable computing devices that are
Arkis TM enabled hook up due to Physical Proximity detected by one or more of the following means:
using Bump Technologies -like technology, using GPS, using Wi-Fi router location triangulation
technology, or using direct communication via Bluetooth, Wi-Fi, Near-Field Communication, and/or
infrared communication (IR), etc. An Arkiis-enabled Device is one that - 91 - WO 2015/048338
PCT/US2014/057532 TM includes software that communicates with the Arkiis cloud and/or other Arkiis -
enabled TM Devices through the installation of an app, firmware update, factory-supplied Arkiis chip or
ROM, SIM-like card, and/or add-on hardware device like the Square TM mobile credit card reader that
attaches to the host device to make it Arkiis-enabled.)
As per claim 20, PUBLICOVER et al does not disclose the following limitations, however, (JP 7610499 B2)
discloses: wherein the instructions, when executed via the one or more processors, further cause the
computing system to: determine a remaining allowable weight in the bundled shipment, such that an
addition of a further one or more items to the bundled shipment does not increase a shipping cost of
the bundled shipment when a combined weight of the further one or more items is less than or equal to
the remaining allowable weight; and cause an indication of one or more candidate items less than or
equal to the remaining allowable weight to be presented at the client computing device of the host,
(The product number and mixed-item type CD of the product are stored in the product number master
106a. For example, as shown in FIG. 3, the product number master 106a stores the product number
code, product number name, number of packing units, unit weight, thickness, mixed-item type CD,
accessory packing category, accessory packing limit number, size, etc. for each product. The mixed- item
type CD is the mixed-item type attached to the product. For example, if the product number code
HINO041, HINO048, or HINOOSO is attached with the same mixed-item type CD KSO1, and the package
quantity is a fractional package that is less than the package unit number, it is determined whether it
can be mixed).
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the
above limitations as taught by (JP 7610499 B2) in the systems of PUBLICOVER et al, since the claimed
invention is merely a combination of old elements, and in the combination each element merely would
have performed the same function as it did separately, and one of ordinary skill in the art would have
recognized that the results of the combination were predictable.
Prior Art Considered
The following art has been considered by the Examiner, however has not been used in the
current Office Action:
KO (KR 20180133028 A), BELL (AU 2013101248 A4), JENSEN (WO 2022125657 A1)
Response to Arguments
Applicant's arguments filed 6/16/26 have been fully considered but they are not persuasive.
With regard to the 35 USC 101 rejection, Applicant argues that claims 1-20 are directed to a patent-eligible subject matter pursuant to both Step 2A and Step 2B of he Alice test, and that claim 1 is directed to a practical application via an improvement to the technical field of client/server communications, more particularly use of a publish/subscribe messaging framework, which automatically distributes messages among client devices and a server based on subscriber devices being subscribed to receive particular classes of messages, devices in the publish/subscribe messaging framework “do not need to be specifically aware of each other or directly connected to each other, and instead connect only to the message broker, making the publish /subscribe framework a scalable solution for facilitating real-time communication among potentially many participant devices”. However, Examiner respectfully disagrees. The claimed publish-subscribe messaging framework is used to monitor communications and identify indications of assignments of items to recipients. The claim does not recite an improvement to the operation of the publish-subscribe framework itself, such as an improvement to message routing, subscription processing, scalability, bandwidth utilization, latency, or another technical aspect of client-server communications. Rather, the publish-subscribe framework and associated client devices and servers are used as conventional technological components for obtaining information that is subsequently used to identify awarded items and determine a bundled shipping schema that minimizes total shipping cost. The publish-subscribe architecture do not constitute an improvement attributable to the claimed method. The claim merely applies the identified abstract idea in a technological environment. Accordingly, the additional elements do not integrate the abstract idea into a practical application under Step 2A, Prong Two.
With regard to Step 2B, Applicant argues that claim 1 recites significantly more than what is well-understood, routine, and conventional in the technical field of client server communications, as
reflected at least by the limitations of "monitoring a plurality of electronic communications of a
publish/subscribe messaging framework for a live event associated with (i) respective offerings
of a plurality of items by a host to a plurality of guests via the publish/subscribe messaging
framework among a host client computing device of the host and respective guest client
computing devices of the plurality of guests, and (ii) a real-time video stream from the host client
computing device to each of the respective guest client computing devices of the plurality of guests, the real-time video stream persisting through the offerings of the plurality of items, wherein the monitored plurality of electronic communications of the publish/subscribe messaging framework comprise classes of messages defined by one or more servers and distributed among the host client computing device and the guest client computing devices by the one or more servers based on subscription preferences of the guest client computing devices, and wherein the monitoring comprises identifying indications of assignments of respective ones of the plurality of items to respective recipients from among the plurality of guests, the indications being contained in at least a portion of the classes of messages.". However, Examiner respectfully disagrees. The recited publish-subscribe framework, servers, client devices, and real-time video stream do not, individually or in combination, amount to significantly more than the judicial exception under Step 2B. Applicant's arguments are therefore not persuasive, and the rejection under 35 U.S.C. § 101 is maintained.
Each of independent claims 8 and 15 recites similar features to claim 1 and thus are abstract ideas for at least similar reasons to claim 1. Each of claims 2-7, 9-14, and 16-20 depends directly or indirectly from one of claims 1, 8, and 15, and thus are abstract ideas for at least the same reasons as the independent claims. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the rejections of claims 1-20.
With respect to the 103 rejection, Applicant argues that the mapping of the JumpSport rewards to Applicant's "subset of items comprising two or more items awarded to a particular recipient" in claim 1, would not have modified Publicover based on JP 7610499 and/or Jenkins as proposed by the Office, to produce Applicant's claim 1, and that secondary reference JP 7610499 (which pertains to shipments of physical items), the secondary reference (individually, or in combination with Publicover) does not provide an answer as to how the person of ordinary skill in the art would apply these subsequent limitations to the supposed "subset of items" from Publicover. That is, no teachings from the references (individually or combined) demonstrate how one would "determine a shipping schema based upon shipping information associated with a carrier wherein the determined shipping schema minimizes a total shipping cost of the subset of items from the origin to the location of the particular recipient" for JumpSport's rewards of free shipping or a video tutorial. Given the digital nature of the video tutorial reward, there exists no tangible physical shipping cost; the free shipping reward meanwhile is entirely intangible and thus is not itself "shipped" to a recipient in any sense. Accordingly, the person of ordinary skill in the art would not have considered modifying the disclosure of Publicover with the techniques of JP 7610499 in the manner proposed by the Office. However, Examiner respectfully disagrees. Publicover and Jenkins disclose systems and methods that provide content. JP 7610499 discloses systems and methods for product delivery, but also discloses “The product delivery management device 100 includes a control unit 102, a communication interface unit 104, a memory unit 106, and an input/output interface unit 108. Each unit of the product delivery management device 100 is connected to each other so that they can communicate with each other via any communication path.”. Examiner interprets this input/output interface and communication as the ability for the system to provide content. JP 7610499 also discloses “In addition, this embodiment can contribute to reducing waste and promoting paperless and electronic systems, which can contribute to the achievement of SDGs goals 12, 13, and 15”, thereby making Publicover, and JP 7610499 combinable to produce the limitations of claim 1.
Independent claims 8 and 16 recite limitations similar to those o f independent claim 1, and is therefore still rejected for similar reasons.
Each of claims 2-7, 9-14, and 16-20 depends from one of claims 1, 8, and 15, and are therefore still rejected for similar reasons as the independent claims.
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 Akiba Robinson whose telephone number is 571-272-6734 and email is Akiba.Robinsonboyce@USPTO.gov. The examiner can normally be reached on Monday-Thursday 6:30am-4:30pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor, Nathan Uber can be reached on 571-270-3923. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703) 305-3900.
August 13, 2026
/AKIBA K ROBINSON/Primary Examiner, Art Unit 3626
Prosecution Insights