DETAILED ACTION
This action is in reply to the Amendments filed on 08/05/2026.
Claim 2 was previously cancelled.
Claims 1 and 3-6 are rejected.
Claims 1 and 3-6 are currently pending and have been examined.
Response to Amendment
Applicant’s amendment, filed 08/05/2026, has been entered. Claims 1, 5 and 6 have been amended.
Claim Interpretation
The claim interpretations from the prior Office Action have been maintained as discussed in the response to arguments section below.
Priority
This patent Application claims priority from International Application PCT/JP2021/036125 filed 09/30/2021. This benefit has been received and acknowledged and therefore, the instant claims receive the effective filing date of 09/30/2021.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/05/2026 has been entered.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
-“a receiver configured to receive from the computer a purchase request for a commodity” in claim 1.
-“the receiver receives a purchase request for the commodity from the computer succeeded in user authentication” in claim 4.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 and 3-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Under Step 1 of the Subject Matter Eligibility Test for Products and Processes, the claims must be directed to one of the four statutory categories (see MPEP 2106.03). All the claims are directed to one of the four statutory categories (YES).
Under Step 2A of the Subject Matter Eligibility Test, it is determined whether the claims are directed to a judicially recognized exception (see MPEP 2106.04). Step 2A is a two-prong inquiry.
Under Prong 1, it is determined whether the claim recites a judicial exception (YES). Taking Claim 1 as representative, the claim recites limitations that fall within the certain methods of organizing human activity groupings of abstract ideas, including:
-a settlement system performing settlement of a commodity using a robot which is not fixed, and a computer, which is communicable with the robot, wherein the robot includes:
-a camera;
-a receiver configured to receive from the computer a purchase request for a commodity; and
-an input interface configured to accept an input of purchase-related information which indicates a purchase content of the commodity in accordance with the purchase request, and
-the computer includes:
-a display configured to display an image captured by the camera and the purchase-related information; and
-a payment processor configured to start the settlement of the commodity, based on the purchase-related information, in a case where a consent to a purchase content of the commodity is obtained,
-wherein the input interface is configured to accept, via the computer, the input of the purchase-related information performed by a user who desires to purchase the commodity, wherein the robot is configured to present the purchase-related information to a person-in-charge of the commodity who is different from the user, and the payment processor is configured to start settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot
The above limitations recite the concept of requesting purchase of a commodity, providing purchase-related information which indicates a purchase content of the commodity, settling purchase of the commodity. The above limitations fall within the “Certain Methods of Organizing Human Activity” groupings of abstract ideas, enumerated in MPEP 2106.04(a).
Certain methods of organizing human activity include:
fundamental economic principles or practices (including hedging, insurance, and mitigating risk)
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; and business relations)
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
The limitations of a settlement system performing settlement of a commodity using a robot which is not fixed, and a computer, which is communicable with the robot, wherein the robot includes: a receiver configured to receive from the computer a purchase request for a commodity; and an input interface configured to accept an input of purchase-related information which indicates a purchase content of the commodity in accordance with the purchase request, and a display configured to display an image captured by the camera and the purchase-related information; and a payment processor configured to start the settlement of the commodity, based on the purchase-related information, in a case where a consent to a purchase content of the commodity is obtained, wherein the input interface is configured to accept, via the computer, the input of the purchase-related information performed by a user who desires to purchase the commodity, wherein the robot is configured to present the purchase-related information to a person-in-charge of the commodity who is different from the user, and the payment processor is configured to start settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot are processes that, under their broadest reasonable interpretation, cover a commercial interaction. That is, other than reciting that the settlement is performed using a robot which is not fixed, and a computer, which is communicable with the robot, that the receiving is via a receiver, and from the computer, that the accepting is via an input interface, that the that the displaying is via a display, that the image is captured by the camera, that the starting of the settlement is via a payment processor, that the accepting of the input is by the input interface via the computer, that the presenting is via the robot, that the starting of the settlement is via the payment processor, and that the receiving is via the robot, nothing in the claim element precludes the step from practically being performed by people. For example, but for the “a robot,” “a computer,” “a receiver,” “an input interface,” “a display,” “the camera,” and “a payment processor,” language, “receive,” “accept,” “display,” “start the settlement,” “accept,” and “start the settlement,” in the context of this claim encompasses advertising, and marketing or sales activities.
Under Prong 2, it is determined whether the claim recites additional elements that integrate the exception into a practical application of the exception. This judicial exception is not integrated into a practical application (NO).
-a settlement system performing settlement of a commodity using a robot which is not fixed, and a computer, which is communicable with the robot, wherein the robot includes:
-a camera;
-a receiver configured to receive from the computer a purchase request for a commodity; and
-an input interface configured to accept an input of purchase-related information which indicates a purchase content of the commodity in accordance with the purchase request, and
-the computer includes:
-a display configured to display an image captured by the camera and the purchase-related information; and
-a payment processor configured to start the settlement of the commodity, based on the purchase-related information, in a case where a consent to a purchase content of the commodity is obtained,
-wherein the input interface is configured to accept, via the computer, the input of the purchase-related information performed by a user who desires to purchase the commodity, wherein the robot is configured to present the purchase-related information to a person-in-charge of the commodity who is different from the user, and the payment processor is configured to start settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot
These limitations are not indicative of integration into a practical application because:
The additional elements of claim 1 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea) as supported by [0029] of Applicant’s specification – “The CPU 10a is a control unit that controls the execution of programs stored in the RAM 10b or ROM 10c, and performs arithmetic operation and processing of data.” Specifically, the additional elements of a robot, a computer, a camera, a receiver, an input interface, a display, and a payment processor are recited at a high-level of generality (i.e. as a generic processor performing the generic computer functions of receiving data, accepting data, displaying data, starting settlement of data) such that they amount do no more than mere instructions to apply the exception using generic computer components. Accordingly, 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. The claim is directed to an abstract idea. Further, the additional elements do no more than generally link the use of the judicial exception to a particular technological environment or field of use (such as computers or computing networks). Employing well-known computer functions to execute an abstract idea, even when limiting the use of the idea to one particular environment, does not integrate the exception into a practical application.
Additionally, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to i) reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, ii) apply the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, iii) effect a transformation or reduction of a particular article to a different state or thing, or iv) apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, the judicial exception is not integrated into a practical application.
Under Step 2B, it is determined whether the claims recite additional elements that amount to significantly more than the judicial exception. The claims of the present application do not include additional elements that are sufficient to amount to significantly more than the judicial exception (NO).
In the case of claim 1, taken individually or as a whole, the additional elements of claim 1 do not provide an inventive concept. As discussed above under step 2A (prong 2) with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed functions amount to no more than a general link to a technological environment.
Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually.
Claim 6 is a method reciting similar functions as claim 1. Examiner notes that claim 6 recites the additional elements a robot, a computer, and a camera, however, claim 6 does not qualify as eligible subject matter for similar reasons as claim 1 indicated above.
Therefore, claims 1 and 6 do not provide an inventive concept and do not qualify as eligible subject matter.
Dependent claims 3-5, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. § 101 because they do not add “significantly more” to the abstract idea. More specifically, dependent claims 3-5 further fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas in that they recite commercial interactions. Dependent claim 5 does not recite any farther additional elements, and as such are not indicative of integration into a practical application for at least similar reasons discussed above. Dependent claims 3-4 recite the additional elements of the input interface, the payment processor, the computer, the robot, a plurality of computers, the robot, and the receiver, but similar to the analysis under prong two of Step 2A these additional elements are used as a tool to perform the abstract idea. As such, under prong two of Step 2A, claims 3-5 are not indicative of integration into a practical application for at least similar reasons as discussed above. Thus, dependent claims 2-5 are “directed to” an abstract idea. Next, under Step 2B, similar to the analysis of claims 1 and 6, dependent claims 3-5 when analyzed individually and as an ordered combination, merely further define the commonplace business method (i.e. requesting purchase of a commodity, providing purchase-related information which indicates a purchase content of the commodity, settling purchase of the commodity) being applied on a general-purpose computer and, therefore, do not amount to significantly more than the abstract idea itself. Accordingly, the Examiner concludes that there are no meaningful limitations in the claims that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself. The analysis above applies to all statutory categories of invention.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Yee et al. (US 2021/0182930 A1), hereinafter Yee, in view of Igata et al. (US 2019/0227551 A1), hereinafter Igata.
Regarding claim 1, Yee discloses a settlement system performing settlement of a commodity using a robot which is not fixed, and a computer, which is communicable with the robot,
-wherein the robot includes:
-a camera (Yee, see at least: “the remote shopping assistant 101 may be a robot [i.e. wherein the robot includes:] or another programmable machine. The remote shopping assistant 101 may include a camera 103 [i.e. a camera]” [0016]);
-a receiver configured to receive from the computer a purchase request for a commodity - The receiver is being interpreted under 35 U.S.C. 112(f) as software running on hardware in light of paragraphs [0065] and [0029-0030] of Applicant’s Spec (Yee, see at least: “the system may receive a list of items [i.e. receive a purchase request for a commodity]. The list of items may also be updated continuously throughout the process. The list of items may be selected on a mobile application (or other type of application) on a mobile device (or a computer, etc.) of the shopper that is communicated to the cloud” [0037] and “The system may receive inputs from the shopper to determine if the item should be added to the cart … The remote shopper may thus choose to select the item [i.e. a purchase request for a commodity], find another item, or cancel shopping altogether. The selection from the remote shopper [i.e. receive from the computer] may be sent via data to the shopping assistant, either directly [i.e. a receiver configured to] or via the remote server” [0039] and “the remote shopping assistant 101 may be a robot [i.e. the robot] or another programmable machine” [0016] and “During operation, the CPU 107 may execute stored program instructions that are retrieved from the memory unit. The stored program instructions may include software that controls operation of the CPU 107 to perform the operation described herein [i.e. a receiver configured to]” [0017]); and
-an input interface configured to accept an input of purchase-related information which indicates a purchase content of the commodity in accordance with the purchase request (Yee, see at least: “The remote shopping assistant 101 may be equipped with various sensors 105 that are in communication with the CPU 107 … The sensor data indicating various attributes of the produce's quality [i.e. which indicates a purchase content of the commodity in accordance with the purchase request] may be communicated to the various subsystems via the CPU 107 with a transceiver. The CPU 107 may, for example, utilize image recognition based on photographic data supplied by a camera [i.e. an input interface configured to accept an input of purchase-related information] to identify a type of fruit. In another embodiment, the CPU 107 may utilize image recognition to scan a bar code and determine the item and associate details (e.g., pricing, manufacturer, etc.) with that item [i.e. which indicates a purchase content of the commodity in accordance with the purchase request]” [0020] and “the CPU 107 may execute stored program instructions that are retrieved from the memory unit. The stored program instructions may include software that controls operation of the CPU 107 to perform the operation described herein. In some examples, the processor may be a system on a chip (SoC) that integrates functionality of the CPU 107, the memory unit, a network interface, and input/output interfaces [i.e. an input interface configured to accept an input] into a single integrated device” [0017] and Fig. 1 indicates that the CPU 107, the camera, and the sensors are part of the remote shopping assistant 101 robot [i.e. wherein the robot includes: an input interface]), and
-the computer includes:
-a display configured to display an image captured by the camera and the purchase-related information (Yee, see at least: “The system 100 may include a mobile device 115. The mobile device 115 may include a phone [i.e. the computer includes: a display configured to display], tablet, wearable device, or other items. The mobile device 115 may include an application that is utilized to pick and choose grocery or produce. The phone 115 may include a display that has a freshness bar 117. The freshness bar 117 may indicate a freshness level for a particular produce item or grocery item, such as a fruit or vegetable [i.e. display the purchase- related information]. The mobile device 115 may include various other applications related to the remote shopping that allow the user to pick and choose groceries, make purchases, view images from various cameras in system 100 [i.e. an image captured by the camera], etc.” [0029] and “The cameras can capture these images and displayed real time through a mobile app or online portal to the shoppers. Shoppers can therefore be inspired by looking at the real-time video images, or have the ability to zoom in and pan the view of the camera to look at the produce [i.e. display an image captured by the camera and the purchase- related information]. This allows shoppers to see the produce anytime they want and have the ability to gauge if they want to buy the produce today or to pass on the purchase” [0014]); and
-a payment processor configured to start the settlement of the commodity, based on the purchase-related information, in a case where a consent to a purchase content of the commodity is obtained (Yee, see at least: “At step 219, the system may check-out the items in the cart for purchase and begin delivery [i.e. start the settlement of the commodity]. Thus, the shopping assistant may receive a confirmation that the shopper confirmed all purchases [i.e. in a case where a consent to a purchase content of the commodity is obtained]. The shopper may confirm that purchase utilizing, a mobile device. The shopping assistant may then receive the confirmation and physical purchase the items at the grocery. Once the shopper purchases the items (either utilizing their own payment profile or the shopper's payment profile), the shopper may receive a confirmation email or notification (e.g. SMS message or another alert)” [0045] and “The cameras can capture these images and displayed real time through a mobile app or online portal to the shoppers. Shoppers can therefore be inspired by looking at the real-time video images, or have the ability to zoom in and pan the view of the camera to look at the produce. This allows shoppers to see the produce anytime they want and have the ability to gauge if they want to buy the produce today or to pass on the purchase [i.e. based on the purchase-related information]” [0014] and “Routines executed to implement the embodiments may be implemented as part of an operating system or a specific application, component, program, object, module or sequence of instructions referred to as “computer programs.” The computer programs typically include one or more instructions set at various times in various memory and storage devices in a computer, and that, when read and executed by one or more processors in a computer, cause the computer to perform operations necessary to execute elements involving the various aspects [i.e. a payment processor configured to]” [0134]), and
-wherein the input interface is configured to accept, via the computer, the input of the purchase-related information performed by a user who desires to purchase the commodity (Yee, see at least: (Yee, see at least: “The system may receive inputs from the shopper to determine if the item should be added to the cart. Thus data that has been communicated from the shopping assistant to the remote shopper (via the remote server or directly to the remote shopper) may indicate the analysis of the grocery item (e.g., produce). From there, the remote shopper may receive such data indicative of freshness, color, weight, softness, ripeness, etc. The data or information that the remote shopper may receive may be derived from the various sensors (e.g., chemical sensor, gas sensor, spectrometer, etc.). The remote shopper may then decide from the data whether or not to accept the item [i.e. the input of the purchase-related information performed by a user who desires to purchase the commodity]. The remote shopper may thus choose to select the item, find another item, or cancel shopping altogether. The selection from the remote shopper may be sent via data to the shopping assistant, either directly [i.e. the input interface is configured to accept, via the computer] or via the remote server” [0039]).
Yee does not disclose that the robot is configured to present the purchase-related information to a person-in-charge of the commodity who is different from the user, and the payment processor is configured to start settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot.
Igata, however, teaches an autonomous mobile robot carrying out a shopping task (i.e. [0149]), including the known technique of the robot being configured to present the purchase-related information to a person-in-charge of the commodity who is different from the user, and the payment processor is configured to start settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot (Igata, see at least: “the shopping task may be carried out automatically or with assistance of a clerk. In the case where the shopping is assisted by a clerk, the autonomous mobile robot 200 may display screens shown in FIG. 8 by the input-output unit 207 to ask the clerk [i.e. wherein the robot is configured to present the purchase-related information to a person-in-charge of the commodity who is different from the user] to carry out picking-up of merchandise and the checking-out process [i.e. the payment processor is configured to start settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge]” [0150] and “The control unit 103 includes as functional modules an operation plan creation part 1031, an environment perceiving part 1032, and a task execution part 1033. These functional modules may be implemented by executing programs stored in storage means, such as a read only memory (ROM), by a central processing unit (CPU)” [0057] and Fig. 8 displays an interface of the robot including areas for the clerk to input data such as the item availability and item price of the items in the order [i.e. in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot] and Fig. 6). This known technique is applicable to the system of Yee as they both share characteristics and capabilities, namely, they are directed to an autonomous mobile robot carrying out a shopping task.
It would have been recognized that applying the known technique of the robot being configured to present the purchase-related information to a person-in-charge of the commodity who is different from the user, and the payment processor is configured to start settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot, as taught by Igata, to the teachings of Yee would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar systems. Further, adding the modification of the robot being configured to present the purchase-related information to a person-in-charge of the commodity who is different from the user, and the payment processor is configured to start settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot, as taught by Igata, into the system of Yee would have been recognized by those of ordinary skill in the art as resulting in an improved system that would enable purchase of merchandise without need of going to a real store (Igata, [0010]).
Regarding claim 3, Yee in view of Igata teaches the system of claim 1, Yee further discloses:
-wherein the input interface accepts, via the computer, the input of the purchase-related information performed by the user who desires to purchase the commodity (Yee, see at least: “The system may receive inputs from the shopper to determine if the item should be added to the cart. Thus data that has been communicated from the shopping assistant to the remote shopper (via the remote server or directly to the remote shopper) may indicate the analysis of the grocery item (e.g., produce). From there, the remote shopper may receive such data indicative of freshness, color, weight, softness, ripeness, etc. The data or information that the remote shopper may receive may be derived from the various sensors (e.g., chemical sensor, gas sensor, spectrometer, etc.). The remote shopper may then decide from the data whether or not to accept the item [i.e. input of the purchase-related information performed by the user who desires to purchase of the commodity]. The remote shopper may thus choose to select the item, find another item, or cancel shopping altogether. The selection from the remote shopper may be sent via data to the shopping assistant, either directly [i.e. the input interface accepts, via the computer] or via the remote server” [0039]).
Yee does not disclose that the payment processor starts settlement of the commodity in response to the person-in-charge of the commodity inputting, via the robot, a consent to the purchase content of the commodity.
Igata, however, teaches an autonomous mobile robot carrying out a shopping task (i.e. [0149]), including the known technique of the payment processor starting settlement of the commodity in response to the person-in-charge of the commodity inputting, via the robot, a consent to the purchase content of the commodity (Igata, see at least: “the shopping task may be carried out automatically or with assistance of a clerk. In the case where the shopping is assisted by a clerk, the autonomous mobile robot 200 may display screens shown in FIG. 8 by the input-output unit 207 to ask the clerk [i.e. the person-in-charge of the commodity inputting, via the robot, a consent to the purchase content of the commodity] to carry out picking-up of merchandise and the checking-out process [i.e. the payment processor starts settlement of the commodity in response to]” [0150] and “The control unit 103 includes as functional modules an operation plan creation part 1031, an environment perceiving part 1032, and a task execution part 1033. These functional modules may be implemented by executing programs stored in storage means, such as a read only memory (ROM), by a central processing unit (CPU)” [0057] and Fig. 8 displays an interface of the robot including areas for the clerk to input data such as the item availability and item price [i.e. in response to the person-in-charge of the commodity inputting, via the robot, a consent to the purchase content of the commodity]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yee with Igata for the reasons identified above with respect to claim 1.
Regarding claim 5, Yee in view of Igata teaches the system of claim 1, Yee further discloses:
-wherein the purchase-related information includes at least a purchase price (Yee, see at least: “The remote shopping assistant 101 may be equipped with various sensors 105 that are in communication with the CPU 107 … The sensor data indicating various attributes of the produce's quality may be communicated to the various subsystems via the CPU 107 with a transceiver. The CPU 107 may, for example, utilize image recognition based on photographic data supplied by a camera to identify a type of fruit. In another embodiment, the CPU 107 may utilize image recognition to scan a bar code and determine the item and associate details (e.g., pricing [i.e. wherein the purchase-related information includes at least a purchase price], manufacturer, etc.) with that item” [0020]).
Regarding claim 6, Yee discloses a settlement method for performing settlement of a commodity by using a robot, which includes a camera and is not fixed, and a computer, which is communicable with the robot (Yee, see at least: “the remote shopping assistant 101 may be a robot or another programmable machine. The remote shopping assistant 101 may include a camera 103” [0016] and “Thus, the network interface device may communicate data to various subsystems of the shopping system 100” [0019] and “The system 100 may include a mobile device 115. The mobile device 115 may include a phone, tablet, wearable device, or other items. The mobile device 115 may include an application that is utilized to pick and choose grocery or produce” [0029]), the method comprising:
-a receiving step of, by the robot, receiving from the computer a purchase request for a commodity (Yee, see at least: “the system may receive a list of items [i.e. receiving a purchase request for a commodity]. The list of items may also be updated continuously throughout the process. The list of items may be selected on a mobile application (or other type of application) on a mobile device (or a computer, etc.) of the shopper that is communicated to the cloud” [0037] and “The system may receive inputs from the shopper to determine if the item should be added to the cart … The remote shopper may thus choose to select the item [i.e. a purchase request for a commodity], find another item, or cancel shopping altogether. The selection from the remote shopper [i.e. receiving from the computer] may be sent via data to the shopping assistant, either directly [i.e. a receiving step of] or via the remote server” [0039] and “the remote shopping assistant 101 may be a robot [i.e. by the robot] or another programmable machine” [0016]);
-an accepting step of, by the robot, accepting an input of purchase-related information which indicates a purchase content of the commodity in accordance with the purchase request (Yee, see at least: “The remote shopping assistant 101 may be equipped with various sensors 105 that are in communication with the CPU 107 … The sensor data indicating various attributes of the produce's quality [i.e. which indicates a purchase content of the commodity in accordance with the purchase request] may be communicated to the various subsystems via the CPU 107 with a transceiver. The CPU 107 may, for example, utilize image recognition based on photographic data supplied by a camera [i.e. accepting an input of purchase-related information] to identify a type of fruit. In another embodiment, the CPU 107 may utilize image recognition to scan a bar code and determine the item and associate details (e.g., pricing, manufacturer, etc.) with that item [i.e. which indicates a purchase content of the commodity in accordance with the purchase request]” [0020] and “the CPU 107 may execute stored program instructions that are retrieved from the memory unit. The stored program instructions may include software that controls operation of the CPU 107 to perform the operation described herein. In some examples, the processor may be a system on a chip (SoC) that integrates functionality of the CPU 107, the memory unit, a network interface, and input/output interfaces [i.e. an accepting step of, by the robot, accepting an input] into a single integrated device” [0017] and Fig. 1 indicates that the CPU 107, the camera, and the sensors are part of the remote shopping assistant 101 robot [i.e. an accepting step of, by the robot, accepting an input]);
-a display step of, by the computer, displaying an image captured by the camera of the robot and the purchase-related information (Yee, see at least: “The system 100 may include a mobile device 115. The mobile device 115 may include a phone [i.e. a display step of, by the computer, displaying], tablet, wearable device, or other items. The mobile device 115 may include an application that is utilized to pick and choose grocery or produce. The phone 115 may include a display that has a freshness bar 117. The freshness bar 117 may indicate a freshness level for a particular produce item or grocery item, such as a fruit or vegetable [i.e. displaying the purchase-related information]. The mobile device 115 may include various other applications related to the remote shopping that allow the user to pick and choose groceries, make purchases, view images from various cameras in system 100 [i.e. displaying an image captured by the camera of the robot], etc.” [0029] and “The cameras can capture these images and displayed real time through a mobile app or online portal to the shoppers. Shoppers can therefore be inspired by looking at the real-time video images, or have the ability to zoom in and pan the view of the camera to look at the produce [i.e. displaying an image captured by the camera of the robot and the purchase-related information]. This allows shoppers to see the produce anytime they want and have the ability to gauge if they want to buy the produce today or to pass on the purchase” [0014]);
-a presenting step of, by the robot, presenting the purchase-related information to a person-in-charge of the commodity who is different from a user who desires to purchase the commodity (Igata, see at least: “the shopping task may be carried out automatically or with assistance of a clerk. In the case where the shopping is assisted by a clerk, the autonomous mobile robot 200 may display screens [i.e. a presenting step of, by the robot, presenting] shown in FIG. 8 by the input-output unit 207 to ask the clerk [i.e. to a person-in-charge of the commodity who is different from a user who desires to purchase the commodity] to carry out picking-up of merchandise and the checking-out process” [0150] and Fig. 8 displays an interface of the robot including areas for the clerk to input data such as the item availability and item price [i.e. presenting the purchase-related information to a person-in-charge of the commodity who is different from a user who desires to purchase the commodity] and Fig. 6); and
-a settlement step of, by the computer, starting settlement of the commodity, based on the purchase-related information, in a case where a consent to a purchase content of the commodity is obtained (Yee, see at least: “At step 219, the system may check-out the items in the cart for purchase and begin delivery [i.e. a settlement step of, by the computer, starting settlement of the commodity]. Thus, the shopping assistant may receive a confirmation that the shopper confirmed all purchases [i.e. in a case where a consent to a purchase content of the commodity is obtained]. The shopper may confirm that purchase utilizing, a mobile device [i.e. by the computer]. The shopping assistant may then receive the confirmation and physical purchase the items at the grocery. Once the shopper purchases the items (either utilizing their own payment profile or the shopper's payment profile), the shopper may receive a confirmation email or notification (e.g. SMS message or another alert)” [0045] and “The cameras can capture these images and displayed real time through a mobile app or online portal to the shoppers. Shoppers can therefore be inspired by looking at the real-time video images, or have the ability to zoom in and pan the view of the camera to look at the produce. This allows shoppers to see the produce anytime they want and have the ability to gauge if they want to buy the produce today or to pass on the purchase [i.e. based on the purchase-related information]” [0014]), and
-wherein the accepting step includes accepting, via the computer, input of the purchase-related information performed by the user (Yee, see at least: “The system may receive inputs from the shopper to determine if the item should be added to the cart. Thus data that has been communicated from the shopping assistant to the remote shopper (via the remote server or directly to the remote shopper) may indicate the analysis of the grocery item (e.g., produce). From there, the remote shopper may receive such data indicative of freshness, color, weight, softness, ripeness, etc. The data or information that the remote shopper may receive may be derived from the various sensors (e.g., chemical sensor, gas sensor, spectrometer, etc.). The remote shopper may then decide from the data whether or not to accept the item [i.e. input of the purchase-related information performed by the user]. The remote shopper may thus choose to select the item, find another item, or cancel shopping altogether. The selection from the remote shopper may be sent via data to the shopping assistant, either directly [i.e. wherein the accepting step includes accepting, via the computer, input] or via the remote server” [0039]).
Yee does not disclose that that the settlement step includes starting settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot in the presenting step.
Igata, however, teaches an autonomous mobile robot carrying out a shopping task (i.e. [0149]), including the known technique of the settlement step including starting settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot in the presenting step (Igata, see at least: “the shopping task may be carried out automatically or with assistance of a clerk. In the case where the shopping is assisted by a clerk, the autonomous mobile robot 200 may display screens shown in FIG. 8 by the input-output unit 207 to ask the clerk [i.e. receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge] to carry out picking-up of merchandise and the checking-out process [i.e. the settlement step includes starting settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity]” [0150] and Fig. 8 displays an interface of the robot including areas for the clerk to input data such as the item availability and item price [i.e. in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot in the presenting step] and Fig. 6). This known technique is applicable to the method of Yee as they both share characteristics and capabilities, namely, they are directed to an autonomous mobile robot carrying out a shopping task.
It would have been recognized that applying the known technique of the settlement step including starting settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot in the presenting step, as taught by Igata, to the teachings of Yee would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar methods. Further, adding the modification of the settlement step including starting settlement of the commodity in response to receiving, via the robot, an input indicating consent to the purchase content of the commodity from the person-in-charge after the purchase-related information is presented to the person-in-charge by the robot in the presenting step, as taught by Igata, into the method of Yee would have been recognized by those of ordinary skill in the art as resulting in an improved method that would enable purchase of merchandise without need of going to a real store (Igata, [0010]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Yee in view of Igata in further view of Baryakar et al. (US 2015/0100461 A1), hereinafter Baryakar.
Regarding claim 4, Yee in view of Igata teaches the system of claims 1 or 3, Yee further discloses:
-the receiver receives a purchase request for the commodity from the computer succeeded in user authorization - The receiver is being interpreted under 35 U.S.C. 112(f) as software running on hardware in light of paragraphs [0065] and [0029-0030] of Applicant’s Spec (Yee, see at least: “At step 201, the system may assign an assistant to a shopper. The system may begin to assign the assistant to the shopper based on a trigger or request from an application, website, or other type of input. The system may assign the assistant based on a distance from the delivery location, rating, compatibility with the shopper [i.e. receives a purchase request for the commodity from the computer succeeded in user authorization], store that the assistant is shopping at (e.g., shopping at the same store as the shopper wishes to purchase items), etc.” [0035]).
Yee in view of Igata does not disclose that there are a plurality of computers which are communicable with the robot, and the receiver receiving a purchase request for the commodity from the computer succeeded in user authentication, out of the plurality of computers.
Baryakar, however, teaches allowing users to use a robot to remotely shop for and purchase merchandise (i.e. [0033]), including the known technique of, there being a plurality of computers which are communicable with the robot (Baryakar, see at least: “Resolver 108 receives and processes a variety of control commands sent by two or more users via the device controllers 106 [i.e. wherein there are a plurality of computers], and determines based on a predefined set of rules operation commands which are to be executed by the robot 102 [i.e. which are communicable with the robot]” [0060]), and
the known technique of receiving a purchase request for the commodity from the computer succeeded in user authentication, out of the plurality of computers (Baryakar, see at least: “the multiple users robotic system may be used for remote shopping and may allow the two or more users to use the robot to locate merchandise, view merchandise and purchase merchandise [i.e. receives a purchase request for the commodity]” [0033] and “Resolver 108 receives and processes a variety of control commands sent by two or more users via the device controllers 106 [i.e. out of the plurality of computers], and determines based on a predefined set of rules operation commands which are to be executed by the robot 102” [0060] and “a prioritization of control commands received, that is, which control commands are more important than others; a preferential assignment to a particular device controller over other device controllers [i.e. from the computer succeeded in user authentication]” [0061] and “Resolver rules module 301 includes definitions, preferences and limitations, which are embedded in the robotic server software in the current exemplary embodiment. Way of example: taking into consideration a period of time users are connected to the system in current connection and previous connections, according to users' history, registered and guest users [i.e. from the computer succeeded in user authentication], dates of users' purchasing, dates of entering to the system, frequency of purchasing, amount of purchasing” [0041]). These known techniques are applicable to the system of Yee in view of Igata as they both share characteristics and capabilities, namely, they are directed to allowing users to use a robot to remotely shop for and purchase merchandise.
It would have been recognized that applying the known techniques of, there being a plurality of computers which are communicable with the robot, and receiving a purchase request for the commodity from the computer succeeded in user authentication, out of the plurality of computers, as taught by Baryakar, to the teachings of Yee in view of Igata would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar systems. Further, adding the modifications of there being a plurality of computers which are communicable with the robot, and receiving a purchase request for the commodity from the computer succeeded in user authentication, out of the plurality of computers, as taught by Baryakar, into the system of Yee in view of Igata would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow users to take part in controlling a robot's movement according to their interest (Baryakar, abstract).
Response to Arguments
Claim Interpretation
Applicant argues that because the limitations do not use the word "means," there is a rebuttable presumption that § 112(f) does not apply. That presumption is overcome only if the claim term fails to have a sufficiently definite meaning as the name for structure to a person of ordinary skill in the art. Williamson v. Citrix Online, LLC, 792 F.3d 1339, 1348-49 (Fed. Cir. 2015); MPEP § 2181(1). In the context of the claims and Specification, "receiver" is not a generic placeholder for "means." A person of ordinary skill would understand "receiver" to denote a recognized class of electronic communication components or circuitry that receives signals or data. The fact that the claim further describes the information received by the receiver does not transform the structural noun "receiver" into a nonce term. Devices may take their names from the functions they perform, and a claim term need not identify one precise physical configuration to connote sufficiently definite structure. See MPEP § 2181(1); Personalized Media Communications, LLC v. International Trade Commission, 161 F.3d 696, 704-05 (Fed. Cir. 1998). The Office's reliance on the phrase "configured to receive" addresses the functional-language prong of the § 112(f) inquiry but does not establish that "receiver" is a generic placeholder. Nor is the absence of an additional structural adjective dispositive, because "receiver" itself denotes the relevant class of structure. Accordingly, the first prong of the MPEP § 2181 analysis is not satisfied, and the limitations should be accorded their ordinary meaning (Remarks, pages 1-2).
Examiner respectfully disagrees. MPEP § 2181(1)(A) describes that ‘a generic placeholder (a term that is simply a substitute for the term "means") … "The standard is whether the words of the claim are understood by persons of ordinary skill in the art to have a sufficiently definite meaning as the name for structure" …. If persons of ordinary skill in the art reading the specification understand the term to have a sufficiently definite meaning as the name for the structure that performs the function, even when the term covers a broad class of structures or identifies the structures by their function (e.g., "filters," "brakes," "clamp," "screwdriver," and "locks") 35 U.S.C. 112(f) will not apply … Similarly, the terms "code" and "application" have been found not to be generic placeholders where persons of ordinary skill in the art would understand the terms in combination with the function performed by the code or application as connoting structure’ (emphasis added). The term “receiver” does not have a sufficiently definite meaning as the name for structure as, unlike the examples of "filters," "brakes," "clamp," "screwdriver," and "locks," as well as the examples of the terms "code" and "application," the term “receiver” can be categorized as a device and/or software; it is not limited to a particular class of structure. Accordingly, the claim interpretation is maintained.
Rejections under 35 U.S.C. §101
Applicant argues that, Under Step 2A Prong One, of the subject matter eligibility analysis, amended claim 1 does not recite a commercial interaction described at a high level of generality. On the contrary, amended claim 1 recites a specific, device-mediated information flow among expressly recited components: purchase-related information is input by a user via the computer; the robot-which is not fixed-presents that purchase-related information to a person-in-charge of the commodity who is different from the user; and the payment processor starts settlement only in response to receiving, via the robot, an input indicating consent from the person-in-charge after the purchase-related information is presented by the robot. The claim thus recites a particular sequence of operations distributed across particular devices-user input via the computer, and presentation and consent capture via the robot-not the abstract concept of a sale or an agreement as such (Remarks, page 2).
Examiner respectfully disagrees. The limitations fall within the “Certain Methods of Organizing Human Activity” groupings of abstract ideas, enumerated in MPEP 2106.04(a), as cover a commercial interaction in that they encompasses advertising, and marketing or sales activities. The recited devices that are utilized to implement the abstract idea (i.e. the robot, the computer, the camera, the receiver, the input interface, the display, and the payment processor) are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea). Accordingly, the claims are directed to an abstract idea.
Applicant further argues that, even assuming, arguendo, that some limitation of amended claim 1 could be characterized as reciting a commercial interaction, under Step 2A, Prong Two, the additional elements integrate any such concept into a practical application. See MPEP § 2106.04( d). First, the claims apply the alleged exception with, and by use of, a particular machine that is integral to the claim. See MPEP § 2106.05(b). The robot is not a generic computer performing generic computer functions: it is a non-fixed machine including a camera and an input interface, and it is the specific channel through which the purchase-related information is presented to the person-in-charge and through which the consent input is received. The robot's role cannot be excised from the claim without destroying the claimed operation (Remarks, pages 2-3).
Examiner respectfully disagrees. The recited robot merely includes generic computer components of a camera, a receiver, and an input interface. As recited, the robot does not include any additional components that would distinguish it from a generic computer; the robot is not recited as a particular machine. While the claims recite that the robot is not fixed, they do not recite any of the additional elements that allow the robot to move. Additionally, “not fixed” is broad enough to encompass a person carrying the robot around. Accordingly, the claims are not integrated into a practical application.
Applicant further argues that the claimed combination imposes meaningful limits on the manner in which settlement may be initiated, rather than merely instructing that a commercial practice be implemented on a computer. The payment processor is precluded from starting settlement until a specific, machine-enforced condition is satisfied: the robot has presented the user-entered purchase-related information to the person-in-charge, and the person-in-charge has thereafter provided a consent input via the robot. This presentation-then-consent gating, enforced across two distinct input channels-the user's computer and the robot through which the person-in-charge receives the presentation and provides consent-is a specific technical mechanism for controlling transaction authorization in a distributed system. The Final Office Action's characterization of the additional elements as generic computing hardware performing generic computer functions does not account for this claimed arrangement, which specifies which device performs which operation, in which order, and by which actor (Remarks, page 3).
Examiner respectfully disagrees. Receiving data from the computer and displaying data and receiving input by the robot are not technical mechanisms; these communications merely utilize generic computer components to send, receive, and display data. Accordingly, the amended claims are not integrated into a practical application.
Applicant further argues that, for similar reasons, under Step 2B the claims recite significantly more than any alleged abstract idea when considered as an ordered combination. The Office has not established that the claimed ordered combination-separating the user-input channel from the post-presentation consent channel and conditioning settlement on consent received through the robot-was well-understood, routine, and conventional. Further, the Office's discussion of the individual hardware components as generic does not address whether those components operated in the claimed combination in a routine or conventional manner. See BASCOM Global Internet Servs., Inc. v. AT&T Mobility LLC, 827 F.3d 1341, 1350 (Fed. Cir. 2016) (an inventive concept may be found in the non-conventional and non-generic arrangement of known, conventional pieces) (Remarks, page 3).
Examiner respectfully disagrees. The additional elements are insufficient to integrate the abstract idea into a practical application because the additional elements amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea) and do no more than generally link the use of the judicial exception to a particular technological environment or field of use (such as computers or computing networks). Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually. Additionally, as is described in the MPEP 2106.05(II) (i.e. “Thus, in Step 2B, examiners should: … Re-evaluate any additional element or combination of elements that was considered to be insignificant extra-solution activity per MPEP § 2106.05(g), because if such re-evaluation finds that the element is unconventional or otherwise more than what is well-understood, routine, conventional activity in the field, this finding may indicate that the additional element is no longer considered to be insignificant”), step 2B considers whether additional elements concluded to be insignificant extra-solution activity in Step 2A are more than well-understood, routine, conventional activity in the field. Examiner did not identify any of the additional elements as insignificant extra-solution activity in Step 2A so there weren’t elements to be evaluated in terms of whether they are more than well-understood, routine, conventional activity in the field.
Furthermore, in BASCOM, the inventive concept is found in the unconventional and non-generic combination of known elements, providing individually customizable filtering at the remote ISP server. The claim while "involving" an abstract idea is not "directed" to that idea standing alone. It is not simply directed to the abstract idea of filtering content on the internet or on generic computer components performing conventional activities. Instead, claim 1 "carve[s] out a specific location for the filtering system (a remote ISP server) and require the filtering system to give users the ability to customize filtering for their individual network accounts." No such unconventional and non-generic combination of known elements is recited in the amended claims. Accordingly, the amended claims do not amount to significantly more than an abstract idea and are ineligible.
Applicant further argues that independent claim 6 recites limitations corresponding to those discussed above, and dependent claims 3-5 incorporate the limitations of claim 1. These claims are patent eligible for at least the same reasons. Withdrawal of the § 101 rejection of claims 1 and 3-6 is therefore respectfully requested (Remarks, page 3).
Examiner respectfully disagrees. As detailed in response to the arguments above, claim 1 is ineligible. Accordingly, independent claim 6 and dependent claims 3-5 are ineligible.
Rejections under 35 U.S.C. §103
Applicant argues that amended claim 1 requires a specific information flow: the purchase-related information input by the user is presented, by the robot, to the person-in-charge, and settlement is triggered only after the person-in-charge, having received that presentation, provides a consent input via the robot. Igata's clerk operation, however, is mere task execution: the clerk picks up merchandise, carries out check-out, and enters factual data such as item availability and item price. Igata does not teach or suggest (i) the robot presenting to the clerk the purchase-related information that was input by the user, or (ii) the clerk reviewing such presented information and thereafter providing a consent input that operates as the condition for initiating settlement. The clerk's entry of availability and price data is not a consent to a purchase content presented by the robot, and Igata nowhere conditions the start of settlement on a consent input received via the robot after such a presentation (Remarks, pages 3-4).
Examiner respectfully disagrees. Igata teaches that the clerk is presented with the items of the particular user order that the user requested, as indicated in S11 of Fig. 6, [i.e. the robot presenting to the clerk the purchase-related information that was input by the user] and that the clerk provides consent that the items are available and that the total entered cost is accurate when the clerk selects the ‘ok’ button and completes the transaction [i.e. the clerk reviewing such presented information and thereafter providing a consent input that operates as the condition for initiating settlement] (see Igata, [0150], Fig. 8, and Fig. 6). The order is not processed until the clerk confirms the availability of the items in the order and whether the cost is correct; the clerk consents to the purchase content presented by the robot. Accordingly, the cited references teach the amended claims.
Applicant further argues that the Office's stated rationale for the combination-that it would result in an improved system enabling purchase of merchandise without the need to go to a real store (Final Office Action, p. 20, citing Igata paragraph [0010])----does not supply any reason to modify Yee to arrive at the presently claimed presentation-then-consent architecture. Nor has the Office explained why a skilled person would modify Igata's entry of availability and price data into an authorization gate requiring the clerk to consent to previously presented, user-entered purchase information before settlement begins; that modification changes the function of Igata's clerk input rather than merely incorporating Igata's disclosed technique into Yee. Both Yee and Igata already permit remote purchasing without that architecture; the asserted benefit is fully achieved without the claimed information flow in which the robot presents the user-entered purchase-related information to the person-in-charge and settlement starts only upon the person-in-charge's subsequent consent via the robot. The only apparent source of that specific configuration-which ensures the reliability of settlement processing through role-separated consent based on presented purchase-related information-is the applicant's own disclosure, and the proposed combination therefore rests on impermissible hindsight. Accordingly, even if Yee and Igata were combined in the manner proposed, the combination would not reach the claimed configuration (Remarks, pages 4-5).
Examiner respectfully disagrees. Examiner utilized KSR rationale D as applying the known technique of Igata to the system of Yee would have yielded predicable results and resulted in an improved system. For instance, the utilization of the clerk to consent to the order improves the system of Yee as it allows for an on-site human to confirm the order, allowing the customer to remain remote while improving the accuracy of the entered order. While no specific citation to Igata is required for KSR rationale D, the improvement is further supported by paragraph [0010] of Igata. Additionally, the technique of Igata is not modified before incorporation into Yee; Igata teaches the amended feature of claim 1 as detailed in response to the argument above.
Applicant further argues that independent claim 6 has been amended to recite corresponding features, including "a presenting step of, by the robot, presenting the purchase-related information to a person-in-charge of the commodity," and a settlement step conditioned on consent received via the robot after such presentation in the presenting step. Claim 6 is submitted to be patentable for at least the same reasons as claim 1. Claims 3 and 5 depend, directly or indirectly, from claim 1 and are patentable for at least the same reasons. Withdrawal of the§ 103 rejection of claims 1, 3, and 5-6 is respectfully requested (Remarks, page 5).
Examiner respectfully disagrees. As detailed in response to the arguments above, Yee in view of Igata teach amended claim 1. Accordingly, claims 3, and 5-6 are not allowable.
Applicant further argues that, regarding claim 4, Baryakar has not been shown to remedy the deficiencies of Yee and Igata discussed above with respect to the robot presenting the purchase-related information to the person-in-charge and settlement being started only in response to consent received, via the robot, after such presentation. Claim 4 depends, directly or indirectly, from claim 1 and is patentable for at least the same reasons as claim 1. Withdrawal of the § 103 rejection of claim 4 is respectfully requested (Remarks, pages 5-6).
Examiner respectfully disagrees. Baryakar is not cited to teach amended claim 1. As detailed in response to the arguments above, Yee in view of Igata teach amended claim 1. Accordingly, claim 4 is not allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Wang et al. (US 2012/0197464 A1) teaches a mobile robot that includes a video interface.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIELLE E WEINER whose telephone number is (571)272-9007. The examiner can normally be reached M-F 8:30-5:00.
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/ARIELLE E WEINER/ Primary Examiner, Art Unit 3689
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